Journal of the House

Second Regular Session, 92nd General Assembly

THIRD DAY, Monday, January 12, 2004

The House met pursuant to adjournment.

         Representative Smith (118) in the Chair.

         Prayer by Reverend James Earl Jackson.

          Heavenly Father, One from whom all blessings flow, it is written, "Blessed is the one who finds wisdom and the one who gains understanding." Even so, we seek wisdom and divine insight as we begin this week in Your service.

          We are asking that You fill us with such wisdom and understanding that we might indeed fulfill Your purpose for this legislative session. We also pray that our outward lives, which men see, would bring credit to You, this state, our families and ourselves.

          May we be balanced in our approach to our duties, make adjustments when necessary, and may the timing of our words be exact.

          Now may the grace of our Lord and the love of God be with us all.

          In the name of Your Son we pray. Amen.

         The Pledge of Allegiance to the flag was recited.

         The Journal of the second day was approved as printed by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 31 - Representative Sager

House Resolution No. 32 - Representative Hanaway

House Resolution No. 33 - Representative Mayer

         House Resolution No. 34 - Representative Bough

         House Resolution No. 35 - Representative Walker

         House Resolution No. 36

                     and

House Resolution No. 37 - Representative Munzlinger

House Resolution No. 38 - Representative Hobbs

House Resolution No. 39

                     and

House Resolution No. 40 - Representative Rector

House Resolution No. 41

                     and

House Resolution No. 42 - Representative May

House Resolution No. 43

                     and

House Resolution No. 44 - Representative Munzlinger

         House Resolution No. 45 - Representative Whorton

         House Resolution No. 46 - Representative Guest

INTRODUCTION OF HOUSE JOINT RESOLUTION

         The following House Joint Resolution was read the first time and copies ordered printed:

HJR 45, introduced by Representatives Yates, Ervin, Pratt, Portwood, Guest, Wilson (130), Baker, Dusenberg, Stevenson, Lembke, Smith (118), Sander, Dougherty, Moore, Hobbs, Myers, Munzlinger and Phillips, relating to transportation revenues.

INTRODUCTION OF HOUSE BILLS

         The following House Bills were read the first time and copies ordered printed:

HB 998, introduced by Representative Sutherland, relating to eviction notice provisions for manufactured or mobile home land lease communities.

HB 999, introduced by Representative Salva, relating to uninsured motorists.

HB 1000, introduced by Representatives Crowell, Bearden, Baker, Dusenberg, Engler, Dixon, Angst, Townley, Myers, Sander, King, Moore, Stevenson, Lipke, Ervin, Davis (19), Cunningham (86), Stefanick, Reinhart, Yates, Lembke, Cunningham (145), Sutherland, Smith (14), Jetton, Icet, Miller, Bivins, Kelly (36), Hanaway, Shoemaker and Muckler, relating to public funds.

HB 1026, introduced by Representatives Henke, Dougherty and Salva, relating to drivers' licenses.

HB 1027, introduced by Representative Luetkemeyer, relating to health benefit plans.

HB 1028, introduced by Representative Pratt, relating to requirements for persons administering injections.

HB 1029, introduced by Representative Henke, relating to the designation of a memorial highway for veterans.

HB 1030, introduced by Representatives Zweifel, Bishop, Harris (23), Green, Darrough, Corcoran, Burnett and George, relating to injured railroad employees.

HB 1031, introduced by Representatives Jolly, Bishop, Willoughby and Skaggs, relating to labeling of kegs.

HB 1032, introduced by Representatives Cooper (120), Wilson (119), Reinhart, Luetkemeyer, Hanaway, Dusenberg, Muckler, Moore, Sutherland, Stefanick, Munzlinger, Ervin, Smith (118) and Hobbs, relating to adoption tax credits.

HB 1033, introduced by Representatives Viebrock, Dixon, Bough, Morris, Taylor, Marsh, Wood, Wright, Roark and Cunningham (145), relating to election of community college district boards of trustees.

HB 1034, introduced by Representatives Rector, Richard, Stevenson, Viebrock, Wasson, Wilson (130), Schlottach, Byrd, Bivins, Hunter, Quinn and Ruestman, relating to predetermination of prudence and ratemaking principles for infrastructure investments by utilities.

HB 1035, introduced by Representatives Rector, Stevenson, Richard, Viebrock, Wasson, Wilson (130), Schlottach, Hunter, Bivins, Quinn, Wood, Emery and Ruestman, relating to recovery of costs by electrical corporations.

HB 1036, introduced by Representatives Yates, Morris, Sutherland, Engler, Baker, Dusenberg, Moore, Stevenson, Munzlinger, Crowell, Pratt, Smith (118), Hampton, Sander, Hobbs, Dougherty, Myers, Smith (14), Portwood and Goodman, relating to sovereign immunity for school districts.

HB 1037, introduced by Representatives Yates, Johnson (47), Cooper (155), Morris, Stevenson, Moore, Dusenberg, Sander, Baker, Ervin, Pearce, Smith (118), Hobbs and Pratt, relating to the Dental Carve-Out Act of 2004.

HB 1038, introduced by Representatives Yates, Sander, Stevenson, Dusenberg, Hobbs, Pratt, Ruestman and Pearce, relating to drivers' and commercial drivers' licenses.

HB 1039, introduced by Representatives Yates, Hobbs, Dusenberg, Stevenson, Pearce, Munzlinger, Wilson (130), Pratt, Sander, Engler, Ruestman, Byrd, Johnson (47), Smith (14), Avery and Richard, relating to campaign finance disclosure reports.

HB 1040, introduced by Representatives Cunningham (86), Baker, Nieves, Sander, Lembke, Brown, Munzlinger, Bivins, Reinhart, Dixon, Morris, Fares, Guest, Ruestman, Moore, Stevenson, Cooper (155), Luetkemeyer, Bearden, Bean, Quinn, Phillips, Bruns, Villa, Hanaway, Jetton, Haywood, Portwood and Hunter, relating to education accountability.

HB 1041, introduced by Representatives Cunningham (86), Baker, Lembke, Sander, Morris, Dempsey, Nieves, Reinhart, Ervin, Guest, Lipke, Bivins, Rupp, Moore, Dethrow, Threlkeld, Dixon, Luetkemeyer, Fares, Stevenson, Ruestman, Schaaf, Cooper (155), Bearden, Munzlinger, Bean, Quinn, Phillips, Bruns, Villa, Hanaway, Jetton, Wallace, Walton, Haywood, Portwood and Hunter, relating to school personnel.

SECOND READING OF HOUSE CONCURRENT RESOLUTIONS

         HCR 7 and HCR 8 were read the second time.

SECOND READING OF HOUSE JOINT RESOLUTIONS

         HJR 40 through HJR 44 were read the second time.

SECOND READING OF HOUSE BILLS

         HB 968 through HB 997 were read the second time.

REFERRAL OF HOUSE BILLS

         The following House Bills were referred to the Committee indicated:

HB 898 - Senior Security

HB 969 - Tax Policy

COMMITTEE REPORT

         Committee on Crime Prevention and Public Safety, Chairman Mayer reporting:

         Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 916, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1.

House Committee Amendment No. 1

AMEND House Bill No. 916, Page 2, Section 570.223.5, Line 51, by deleting the words “prevailing party” and inserting in lieu thereof the word “plaintiff”; and

          Further amend said bill, Page 3, Section 570.223.7, Line 59, by deleting the word “three” and inserting in lieu thereof the word “five”.

MESSAGES FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCR 1.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCR 2.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCR 3.

WITHDRAWAL OF HOUSE BILL

January 12, 2004

Mr. Stephen Davis

Chief Clerk - House of Representatives

Room 306C - State Capitol Building

Dear Mr. Davis:

I respectfully request to withdraw House Bill 992 that I filed last Thursday, January 8, 2004.

Thanking you in advance for your time and consideration, I remain.

Sincerely yours,

/s/ Esther Hill Haywood

State Representative

District 71

ADJOURNMENT

         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Tuesday, January 13, 2004.

COMMITTEE MEETINGS

AGRICULTURE

Tuesday, January 13, 2004, 12:00 p.m. Hearing Room 1.

Presentation by Department of Agriculture Director and Division Directors.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, January 13, 2004, 3:00 p.m. Hearing Room 7.

State agency tours.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 14, 2004, 3:00 p.m. Hearing Room 7.

Office of Administration and Department of Revenue

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, January 13, 2004, 8:00 a.m. Hearing Room 3.

Public testimony.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, January 14, 2004, 8:00 a.m. Hearing Room 3.

CANCELED.

BUDGET

Wednesday, January 14, 2004, 8:00 a.m. Hearing Room 3.

Organizational meeting. Meeting may continue upon morning adjournment.

HOMELAND SECURITY AND VETERANS AFFAIRS

Wednesday, January 14, 2004, 5:30 p.m. Senate Lounge.

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Tuesday, January 13, 2004, 9:30 a.m. Senate Lounge.

Election of Chair and other administrative issues.

JOINT INTERIM COMMITTEE ON EDUCATION

Thursday, January 22, 2004, 12:00 p.m. Senate Committee Room 2.

JOINT INTERIM COMMITTEE ON EDUCATION

Monday, January 26, 2004, 11:30 a.m. Hearing Room 7.

JUDICIARY

Wednesday, January 14, 2004, 1:00 p.m. Hearing Room 1.

General organization. Report on Joint Interim Committee on Judicial Resources.

RULES

Tuesday, January 13, 2004, 2:00 p.m. Hearing Room 5

HCR 5 - Executive Session may follow - AMENDED.

TAX POLICY

Tuesday, January 13, 2004, 4:00 p.m. Hearing Room 1.

HB 969 - Executive Session may follow - AMENDED.

HOUSE CALENDAR

FOURTH DAY, TUESDAY, JANUARY 13, 2004

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 45

HOUSE BILLS FOR SECOND READING

1       HB 998 through HB 1000

2       HB 1026 through HB 1041

HOUSE BILL FOR PERFECTION

HB 916, HCA 1 - Brown (30)