Journal of the House


Second Regular Session, 92nd General Assembly




NINTH DAY, Thursday, January 22, 2004

 

The House met pursuant to adjournment.


         Speaker Hanaway in the Chair.


         Prayer by Reverend Donald W. Lammers.


(Whatever the agenda of our work today, LIFE is a good focus for this morning’s invocation)


          Let us pray, first, by listening to a verse from the Hebrew Scriptures, the BOOK OF GENESIS.


“The Lord God formed man out of the clay of the ground

and blew into his nostrils the breath of life

and so man became a living being.”

Genesis 2:7


          Holy God, Father Eternal, our Creator, however we interpret the scriptures, we who believe in You learn from this verse that You are the Creator of life.

 

          We thank You for our own life. It is our most precious possession. In our families many of us are entrusted with care for the very lives of others. We have accepted this responsibility and are thankful for the love and fulfillment we receive in supporting, nurturing and caring for the very lives of our loved ones.


          In our work here, we accept a similar responsibility of supporting and caring for the lives of others. In our family and our work, may our faith cause us to remember that You, the Creator of life, are the Lord of life.


          May we and other leaders in our State and across our Nation make plans, develop legislation, and so govern that we always respect You alone as God and as Lord of Life.


          You are our God forever and ever. Amen


         The Pledge of Allegiance to the flag was recited.


         The Journal of the eighth day was approved as corrected by the following vote:


AYES: 130

 

 

 

 

 

 

 

 

 

Abel

Angst

Baker

Barnitz

Bean

Bearden

Behnen

Black

Bland

Bough

Boykins

Bringer

Brooks

Brown

Bruns

Burnett

Byrd

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Goodman

Graham

Guest

Harris 110

Hilgemann

Hobbs

Holand

Hoskins

Hubbard

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Kratky

Lager

Lembke

LeVota

Liese

Lipke

Luetkemeyer

Marsh

May

Mayer

McKenna

Miller

Moore

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Richard

Roark

Ruestman

Rupp

Salva

Sander

Schaaf

Schlottach

Schneider

Seigfreid

Self

Shoemaker

Shoemyer

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Wagner

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 42

Witte

Wood

Wright

Yates

Young

Madam Speaker

 

 

 

 

 

NOES: 025

 

 

 

 

 

 

 

 

 

Bishop

Campbell

Carnahan

Curls

Donnelly

Green

Harris 23

Henke

Johnson 90

Jolly

Jones

Kelly 36

Kuessner

Lowe

Meiners

Sager

Schoemehl

Selby

Skaggs

Swinger

Vogt

Walker

Wilson 25

Yaeger

Zweifel

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007                                                      

 

 

 

 

 

Avery

Bivins

Hampton

Haywood

Johnson 61

Lawson

Reinhart

 

 

 

 

 

 

 

VACANCIES: 001

 

 

 

 

 


SPECIAL RECOGNITION


         Dr. Jeffrey Dalin, Dr. Ray Storm, Ms. Jan Storm, Dr. Floyd Jones, Jr., Dr. Calvin C. Lee, Dr. Robert Simon, Dr. Bob D. Swartz and Dr. John E. Dietrich were recognized for the creation and implementation of the “Give Kids a Smile” Program and for their lifetime of dedication to the dental profession.


         Speaker Pro Tem Jetton assumed the Chair.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

 

House Resolution No. 148 - Representative George

House Resolution No. 149 - Representative Viebrock

House Resolution No. 150 - Representative Schneider

 


House Resolution No. 151

                     through

House Resolution No. 161 - Representative Pratt

House Resolution No. 162 - Representatives Dougherty and Pratt

House Resolution No. 163 - Representative Yaeger

House Resolution No. 164 - Representative Rupp

House Resolution No. 165 - Representative May

House Resolution No. 166 - Representative Corcoran

House Resolution No. 167 - Representative Townley

House Resolution No. 168 - Representative Hubbard

House Resolution No. 169

through

House Resolution No. 174 - Representative Byrd

House Resolution No. 175 - Representative Sager

House Resolution No. 176

                     and

House Resolution No. 177 - Representatives Wood and Bough

House Resolution No. 178 - Representative Bruns

         House Resolution No. 179 - Representative Taylor

         House Resolution No. 180

                     through

House Resolution No. 182 - Representative Crowell

House Resolution No. 183 - Representative Cunningham (145)

House Resolution No. 184 - Representative Bough

House Resolution No. 185 - Representatives Bean and Mayer

         House Resolution No. 186

                     through

         House Resolution No. 190 - Representative Yates


HOUSE CONCURRENT RESOLUTION


         Representatives Shoemaker, Carnahan, Richard, Stevenson, Bough, Daus and Quinn offered House Concurrent Resolution No. 15.


INTRODUCTION OF HOUSE BILLS


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


HB 1213, introduced by Representatives Moore, Lowe, Spreng, Reinhart, Bruns, Whorton, Sutherland, Graham, Walker and Witte, relating to disqualification from jury service.


HB 1214, introduced by Representatives Schaaf, May, Smith (118), Engler, Cooper (155), Page and Holand, relating to the medical imaging and radiation therapy quality assurance act.


HB 1215, introduced by Representatives Engler, Skaggs, Bean, Threlkeld, Angst, Stefanick, Purgason, Nieves, Jetton, Hanaway, Shoemaker, Bruns, Morris, Icet, Wasson, Ransdall, Hubbard, Quinn, Mayer, Jolly, Whorton, LeVota, Burnett, Kratky, Shoemyer, Graham, Donnelly, Young, Johnson (90), Black, Wallace, Crawford, Cooper (155), Bough, Kuessner, Page, Myers and Kingery, relating to escape from commitment.


HB 1216, introduced by Representatives Hilgemann, Boykins, Kratky, Carnahan, Vogt, El-Amin, Johnson (61), Jones, Daus, Hubbard, Villa and Hanaway, relating to compulsory attendance age for public schools.


HB 1217, introduced by Representatives Johnson (47), Curls, Skaggs, Young, Bland, Meiners, Yates, Moore, Bishop, LeVota, Burnett, Jolly, Walker, Willoughby, Sager and Dusenberg, relating to civilian employees retirement system of the police department of Kansas City.


HB 1218, introduced by Representatives Johnson (47), Curls, Skaggs, Young, Bishop, LeVota, Burnett, Bland, Meiners, Yates, Moore, Dusenberg, Jolly, Walker, Willoughby and Sager, relating to civilian employees retirement system of the police department of Kansas City.


HB 1219, introduced by Representatives Seigfreid, Witte, Davis (122), Kelly (36) and Barnitz, relating to unlawful use of weapons.


HB 1220, introduced by Representatives Seigfreid, Henke, Corcoran, Walsh and Davis (122), relating to audits of computerized voting systems.


HB 1221, introduced by Representatives Seigfreid, Walsh and Davis (122), relating to state employee reporting of alleged violations.


HB 1222, introduced by Representatives Schaaf, Holand, Cooper (155), Kingery, Bean, Johnson (47), Reinhart, Graham, Wildberger, Johnson (90), Harris (23), Bland, Page, Fraser, Hampton, Riback Wilson (25), Kratky, Carnahan, Lembke, Campbell, Lowe, Hilgemann and Bruns, relating to health insurance coverage for clinical trials.


HB 1223, introduced by Representatives Ward, Luetkemeyer, Engler, Dempsey, Richard, Vogt, Kratky, Liese, Skaggs, Spreng, Daus, Parker, Pearce and Wagner, relating to the national conference of insurance legislators.


HB 1224, introduced by Representatives Stefanick, Meiners, Ruestman, Cooper (120), Baker, Cunningham (86), Wasson, Schaaf, Stevenson, Schneider, Sutherland, Phillips, Jones, Campbell, Schoemehl and Kratky, relating to interior designers.


HB 1225, introduced by Representative Johnson (47), relating to regulations governing the subdivision of land.


HB 1226, introduced by Representatives Hubbard, Hanaway, Crowell, Jetton, Wilson (42), Page, Hoskins, Cooper (120), Boykins, Mayer, Lembke, Thompson, El-Amin, Walton, Bland, Myers, Sanders Brooks, Stefanick, Holand, Zweifel, Engler, Byrd, Kelly (36), Bean, Johnson (90), Daus, Muckler, Donnelly, Sager, George, Wildberger, Kratky, Carnahan, Hilgemann, Davis (122), Young and Deeken, relating to a bioterrorism vaccination program for first responders deployed to disaster locations.


HB 1227, introduced by Representatives Dixon, Morris, Stevenson, Taylor, Roark, Viebrock, Wright and Marsh, relating to enterprise zones.


HB 1228, introduced by Representative Byrd, relating to child support enforcement.


HB 1229, introduced by Representatives Cunningham (145), Bough, Barnitz, Wood, Angst, Kuessner, Ransdall, Hampton, Ruestman, Cooper (120), Sutherland, Wilson (130), Dethrow, Nieves, Purgason, Byrd and Mayer, relating to torts and actions for damages.


HB 1230, introduced by Representatives Schneider and Deeken, relating to nonhospital certificates of need.


HB 1231, introduced by Representatives Ervin, Richard, Lembke, Sutherland, Cooper (120), Stevenson, Baker, Angst, Threlkeld, Roark, Dethrow, Dixon, Dusenberg, Moore, Dempsey, Bearden, Luetkemeyer, Brown and Behnen, relating to the department of insurance dedicated fund.


HB 1232, introduced by Representatives Dixon, Ervin, Pearce and Luetkemeyer, relating to fire insurance.


HB 1233, introduced by Representatives Dixon, Morris, Stevenson, Taylor, Ruestman, Engler, Marsh, Wasson, Goodman, Holand, Roark, Luetkemeyer, Richard, Johnson (47) and Angst, relating to subrogation rights of public entities.


HB 1234, introduced by Representatives Willoughby, Wildberger, Skaggs, Young, Burnett, Walsh, Carnahan, Whorton, Jolly, George, Donnelly, Darrough, Witte, Vogt and Sanders Brooks, relating to low-income utility customers.


HB 1235, introduced by Representative Schaaf, relating to a sales tax for museums in certain counties.


HB 1236, introduced by Representatives Walker, Jolly, Curls, Wilson (42), Hilgemann, Darrough, Corcoran, El-Amin, Meiners, Riback Wilson (25), Whorton, Campbell, Vogt and Ransdall, relating to payday loans.


HB 1237, introduced by Representatives Walker, Skaggs, Curls, Corcoran, Hilgemann, Johnson (47) and Daus, relating to the regulation and licensing of certain professions.


HB 1238, introduced by Representatives Munzlinger, Smith (118), King, May, Guest, Quinn, Behnen, Myers, Hobbs, Bean, Sander and Shoemaker, relating to new generation cooperatives.


HB 1239, introduced by Representatives Spreng, Vogt, Hubbard, Lowe, Campbell, Darrough, Daus, Portwood, Ransdall, Dempsey, Villa, Engler, Pearce, Taylor, Dougherty, Graham, Green, Henke, Jones, Kratky, Liese, McKenna, Meiners, Moore, Muckler, Page, Smith (14), St. Onge, Walsh, Ward, Salva and Hanaway, relating to a sales tax exemption for certain vehicles.


HB 1240, introduced by Representative Dougherty, relating to jury service.


HB 1241, introduced by Representatives Rector, Emery, Viebrock, Taylor, Schlottach, Richard, Wasson, Hunter, LeVota, Skaggs, Lowe, George, Page, Wilson (130), Shoemaker, Bough, Willoughby, Stevenson, Kratky, Wood, Bishop, Cunningham (145), Wallace, Dixon and Sager, relating to predetermination of prudence and ratemaking principles for infrastructure investments by utilities.


HB 1242, introduced by Representatives Fares, Bivins, Schaaf, Wallace, Morris, Sander, Kingery, Parker, Davis (122), McKenna, Carnahan, Davis (19), Walsh, Byrd, Wilson (130), Ruestman and Schlottach, relating to community college transfer credit.


HB 1243, introduced by Representatives Lipke and Engler, relating to the role of the court and jury in sentencing.


SECOND READING OF HOUSE JOINT RESOLUTION


         HJR 47 was read the second time.


SECOND READING OF HOUSE BILLS


         HB 1175 through HB 1212 were read the second time.


HOUSE RESOLUTION


         HR 71, relating to the Federal Clean Air Act, was taken up by Representative Townley.


         On motion of Representative Townley, HR 71 was adopted.


REFERRAL OF HOUSE JOINT RESOLUTION


         The following House Joint Resolution was referred to the Committee indicated:


HJR 47 - Children and Families




REFERRAL OF HOUSE BILLS


         The following House Bills were referred to the Committee indicated:


HB 1085 - Conservation and Natural Resources

HB 1092 - Elections

HB 1182 - Agriculture


COMMITTEE REPORTS


         Committee on Local Government, Chairman Johnson (47) reporting:


         Madam Speaker: Your Committee on Local Government, to which was referred HB 950 and HB 948, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


         Committee on Rules, Chairman Crowell reporting:


         Madam Speaker: Your Committee on Rules, to which was referred HR 4, begs leave to report it has examined the same and recommends that it Do Pass.


HOUSE RESOLUTION NO. 4


          WHEREAS, the members of the Missouri House of Representatives enjoy a long, proud tradition of meeting their responsibilities to the citizens of this state while upholding the virtues represented by the "Glory of Missouri": Knowledge, Liberty, Equality, Law, Justice, Fraternity, Education, Progress, Honor, Truth, Virtue, Temperance, Enterprise, and Charity; and


          WHEREAS, these virtues are engraved in the House Chamber of the State Capitol with the inscription: "All the foregoing human qualities bind into one theme, the Glory of Missouri because no people attain these virtues unless they are great"; and

 

          WHEREAS, the "Glory of Missouri" Award was created to encourage the values held by the early leaders of Missouri and to recognize those standards as exemplified in our schools and communities by this state's young people, the future of Missouri:


          NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-second General Assembly, hereby grant permission for the House Chamber and Third Floor Rotunda area to be used for the purpose of presenting the "Glory of Missouri" Award to the young citizens of this great state on Monday, March 8, 2004, from 11:00 a.m. to 2:00 p.m.


         Madam Speaker: Your Committee on Rules, to which was referred HR 120, begs leave to report it has examined the same and recommends that it Do Pass.


HOUSE RESOLUTION NO. 120


          To amend Rules of the House for the 92nd General Assembly, Rules 22, 27, 37, 38, 40, 44, 45, 49, 53, 74, and 96, to read as follows:


COMMITTEES


By Whom Appointed; Composition of Membership


          Rule 22. All standing, conference, interim and statutory committees shall be appointed by the Speaker who, when appointing a committee, shall designate a member thereof as chairman, designate another member as vice-chairman and designate the total number of members to serve on each committee, except the minority members of each committee shall be appointed by the Minority Floor Leader, subject to the final approval of the Speaker. The vice-chairman shall preside at all committee meetings in the absence of the chairman. The Speaker of the House, the Speaker Pro Tem, the Majority Floor Leader, the Assistant Majority Floor Leader, the Majority Whip, the Minority Floor Leader, the Assistant Minority Floor Leader and the Minority Whip shall be ex-officio members of all committees of the House, and the chair of the budget committee shall be an ex-officio member of all appropriations committees of the House, for the purpose of a quorum and discussion but shall have no vote unless they are duly appointed members of said committee. The membership of all standing committees and all other committees and commissions, unless otherwise provided by the act or resolution creating them, shall be composed as nearly as may be, of majority and minority party members in the same proportion as the number of majority and minority party members in the House bears to the total membership of the House, except for the Ethics Committee. The Ethics Committee shall consist of an equal number of members from the majority and minority party.


Committee Hearings


          Rule 27. All bills referred to committees shall be considered by giving the [author] sponsor or handler, the proponents [and], the opponents, and those testifying for informational purposes a reasonable opportunity to be heard. [A committee chair shall not restrict the length of testimony of any witness nor the length of questioning of any witness by a committee member except that the "15 minute rule" shall apply. At the Chair's discretion, the "15 minute rule" may be extended. The "15 minute rule" may only be shortened by the unanimous consent of the committee members present when such waiver is proposed.] Persons addressing the committee [shall] must keep their remarks to the point and avoid repetition and are subject to call to order by the chair for failure to do so. [The time limits set forth in this rule shall apply to witnesses as well as members.] In the discretion of the committee chair, the length of time allowed one speaker or questioner may be limited.


BILLS


Introduced - Manner of Setting Forth

New and Old Material


          Rule 37. (a) When. Bills may be introduced only on the report of a committee or by any member of the House, in the regular order of business. No member shall file a bill after the constitutional deadline for filing bills.

          (b) Manner of Printing. Any bill shall have the matter which is being repealed from current law enclosed in bold-faced brackets and the matter which is being added to the law underscored when typewritten and in bold-faced type when printed. A footnote shall be annexed to the first page of each bill which contains material enclosed in bold-faced brackets to the following effect:

          "Explanation - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language." Where a section is completely rewritten, the existing section shall be set forth in small type in bold-faced brackets in a note following the new section but the changes need not be distinguished. Any bill or substitute thereof which does not comply with this rule shall not be placed upon the calendar.

          [(c) Number of Copies. Each bill shall be submitted in triplicate.]


Number Of Copies Printed


          Rule 38. The Chief Clerk shall print such number of copies of all House Bills and House Joint Resolutions as he/she shall deem appropriate[; provided however, it shall never be less than 500].




Motion To Place On Calendar


          Rule 40. If any bill is reported from committee with the recommendation that it "do not pass" it shall not go on the calendar of the House unless ordered by a constitutional majority. At the same time the bill is reported to the House, the committee chair shall notify the [author] sponsor or handler of the bill that such report is being made. A motion to have a bill placed upon the calendar must be made within three legislative days after the bill is reported and when the sponsor of the bill is present or the motion is made by a member upon the sponsor's written request. If no such action is taken within said time, the bill shall lie on the table.


Consent Calendar


          Rule 44. (a) Which Bills May Be Placed on the Consent Calendar. Each committee, after a favorable vote on a bill, may further determine by a second and affirmative vote of every member present whether or not such bill is of a noncontroversial nature. Any bill which increases net expenditures of the state, reduces net revenue of the state, or contains penalty provisions, shall not be considered by the committee for consent; provided however, any bill which specifically authorizes an easement or right-of-way involving state property may be considered by the committee for placement on the Consent Calendar.

          (b) Procedure on House Bills. If the committee shall so determine, the committee report shall include a request that a bill be placed on the "House Consent Calendar for Perfection". Any bill so reported shall automatically be placed on that calendar and after said bill has remained on the "House Consent Calendar for Perfection" for five legislative days, it shall be ordered perfected and advanced to the "House Consent Calendar for Third Reading and Final Passage" without further action of the House, unless five members, with at least two from each political party, have filed written objection with the Chief Clerk. If such objections are filed, the bill shall be placed on the House Bills to be Perfected and Printed Calendar. An objection made by five members under this rule cannot be rescinded.

          (c) Senate Bills - Consent. When the Senate passes a bill by its procedure for consent bills, such bill shall be considered for treatment as a consent bill by the House committee without further request; provided however, that the same committee procedures, votes and requirements for House Bills being considered for consent shall be applied to Senate Bills being considered for consent. A Senate Bill may be considered by the committee for Consent even if it was not a Consent Bill in the Senate.

          (d) Procedure on Senate Bills. Senate Bills passed out of the House committee with the request that the bill be placed on the Senate Bills for Third Reading and Final Passage - Consent Calendar are subject to the five member objection provision of this rule.

          (e) Deadline for [Taking up] Referring Senate Consent Bills to Committee. No Senate consent bills [may be taken up after 6:00 p.m.] shall be referred to committee after the close of the legislative day on the first Thursday [following the third Monday] in April.

          (f) Amendments. House bills may be considered for consent after they are amended in committee but may not be amended on the floor of the House.

          Senate consent bills may be amended in committee but not on the floor of the House unless the Senate Rules allow amendment of House consent bills on the floor of the Senate in which case Senate consent bills may be amended on the floor of the House. House committee amendments and House committee substitutes to Senate consent bills shall be voted on by the House before the vote to Third Read and Pass.


AMENDMENTS AND SUBSTITUTES


          Rule 45. (a) In Writing. Proposed amendments must be reduced to writing. Every amendment shall be read in its entirety by the clerk unless it has been distributed in advance, the amendment's sponsor requests waiver of the reading, and there is no objection to the request. An amendment shall be considered to have been distributed in advance if, before it is offered, it has been placed on the members' desks in paper form. Every amendment that exceeds two pages in length must be distributed in advance unless the amendment's sponsor requests waiver of the distribution, and there is no objection to the request. The sponsor of an amendment that has been distributed may make technical corrections at the time the amendment is offered or under consideration. Any technical corrections shall be read in full by the clerk. Technical corrections shall be subject to a point of order that they are not truly technical in nature.

          (b) What Amendments and Substitute Amendments are in Order. When a bill, motion or proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of a substitute, to which one amendment may be offered. When an amendment is offered, a substitute for that amendment is offered and an amendment to the substitute is offered, it shall not be in order to offer a substitute for the amendment to the substitute. Any proposed amendment in the third degree shall be out of order. Any bill or amendment may be withdrawn by the sponsor before amendment or decision thereon. Once a bill has been amended, it shall be in the possession of the House.

          (c) House Substitutes and Committee Substitutes Treated as Original. A House committee substitute and any House substitute shall be considered as an original bill for purposes of amendment.

          (d) House Substitute. A House substitute must be distributed to the members at least one legislative day prior to its consideration by the House. A House amendment which, in the opinion of the Speaker, is in reality a House substitute, must be distributed in the same manner as a House substitute.

          (e) One House Substitute at a Time. Only one House substitute shall be in order at one time; provided however, that if a member has previously distributed a different House substitute, an explanation of the alternative House substitute shall not be subject to a point of order that such explanation is not germane to the pending House substitute then under consideration.

          (f) When Federal Mandate Bills can be Amended. Amendments to House and Senate bills-Federal Mandate are permitted only within the scope of the federal mandate. Perfecting amendments are permitted to make technical amendments.

          (g) Appropriations Bills. 1. No amendment to the first 12 appropriations bills of the state budget constituting the operating budget of the state shall be in order if it increases the total amount of general revenue or general revenue equivalent appropriated in the aforementioned 12 House appropriations bills as reported from the Committee on Budget. Any amendment that increases the amount of general revenue or general revenue equivalent appropriated in the aforementioned 12 House appropriations bills shall be required to contain an equal reduction in general revenue or general revenue equivalent appropriated in the same bill or shall be required to be submitted with a separate amendment that makes an equal reduction in general revenue or general revenue equivalent in any other of the twelve bills still pending. If the reduction is in another bill, the decreasing amendment shall be taken up first, and the increasing amendment may be taken up only if the decreasing amendment is adopted.

          2. If a member's decreasing amendment is adopted and the same member's increasing amendment is defeated, the decreasing amendment's adoption is void.

          3. The offering and adoption of an amendment decreasing the amount of general revenue or general revenue equivalent appropriated without a balancing increase in the same amendment or a paired amendment creates no right of another member to offer an increasing amendment in any amount up to the amount of the decrease effected by the decreasing amendment, and no member may be recognized for the purpose of making such an amendment.

          4. For the perfection of the first 12 House appropriations bills of the state budget constituting the operating budget of the state only, it shall be permissible to amend any line item as often as the House pleases, as long as prior adopted amendments to the line item are taken into account.

          5. No House Committee Substitute or House Substitute of the state budget constituting the operating budget of the state shall be adopted until all amendments to the first 12 House appropriations bills or substitute have been disposed of.


BILLS AND JOINT RESOLUTIONS


Ayes and Noes Taken


          Rule 49. When a bill shall have passed the House and been returned from the Senate with amendments, said amendments may be concurred in collectively[, or amended,] by a constitutional majority, unless objection be made, in which case the vote shall be taken severally, and no amendment or amendments shall be concurred in by the House except by a constitutional majority and the names of those voting for and against recorded upon the Journal of the House.


Motion for [Final] Passage


          Rule 53. When the Chief Clerk presents a bill as truly perfected and printed, it shall go upon the calendar to be agreed to and passed. When the bill is taken up in its order, the question shall then be: "Shall the bill be third read and passed?" It shall require a constitutional majority to sustain the question.


Division of Questions


          Rule 74. Any member may have, as a personal right, a division of the question where the sense will admit of it. When the question having been divided is a Senate Bill for Third Reading, each part of the bill shall be voted upon separately and a subsequent separate vote shall be taken on the entire bill. When a bill is divided for consideration, the title and enacting clause shall be considered a separate part and shall, unless otherwise amended, be technically changed to reflect any amendments or deletions to the bill. When a question has been divided, Rule 83 shall apply to all parts collectively as though no division had occurred.


Ascending the Dais


          Rule 96. No person shall ascend to the Dais without first being recognized to do so by the Speaker. The Speaker may invite any person to ascend the dais.


         Committee on Transportation and Motor Vehicles, Chairman Crawford reporting:


         Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 946, HB 1106 and HB 952, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


         Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1105, HB 1062, HB 1111, HB 1113 and HB 1119, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.


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 SCR 30.


SENATE CONCURRENT RESOLUTION NO. 30


          BE IT RESOLVED by the Senate of the Ninety-second General Assembly, the House of Representatives concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Ninety-second General Assembly, Second Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that she has compared the same with the original rolls in her office and has corrected the same thereby; and


          BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and


          BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Ninety-second General Assembly, Second Regular Session, with appropriate indexing; and


          BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 1003, entitled:


         An act to repeal sections 208.152, 208.204, and 630.210, RSMo, and to enact in lieu thereof four new sections relating to the children’s mental health reform act.


         In which the concurrence of the House is respectfully requested.


ADJOURNMENT


         On motion of Representative Crowell, the House adjourned until 4:00 p.m., Monday, January 26, 2004.


CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVITS


I, State Representative Shannon Cooper, District 120, hereby state and affirm that my vote as recorded on Pages 97 and 98 of the House Journal for Wednesday, January 21, 2004 showing that I voted absent was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 22nd day of January 2004.


                                                                                  /s/ Shannon Cooper

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )


Subscribed and sworn to before me this 22nd day of January in the year 2004.


                                                                                  /s/ Pattie Parris


                                                                    Attest:   /s/ Joan Branson

                                                                                      Clerk

                                                                                  ___________


I, State Representative Ron Richard, District 129, hereby state and affirm that my vote as recorded on Pages 99 and 100 of the House Journal for Wednesday, January 21, 2004 showing that I voted absent was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 22nd day of January 2004.


                                                                                  /s/ Ron Richard

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )


Subscribed and sworn to before me this 22nd day of January in the year 2004.


                                                                                  /s/ Pattie Parris


                                                                    Attest:   /s/ Joan Branson

                                                                                      Clerk


COMMITTEE MEETINGS


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Wednesday, January 28, 2004, 2:30 p.m. Hearing Room 4.

Testimony from the Department of Natural Resources.


APPROPRIATIONS - EDUCATION

Tuesday, January 27, 2004, 8:00 a.m. Hearing Room 1.

Testimony provided by the Department of Elementary and Secondary Education.

Will possibly reconvene at 2:30 p.m.


APPROPRIATIONS - EDUCATION

Wednesday, January 28, 2004, 8:00 a.m. Hearing Room 1.

Testimony provided by the Department of Elementary and Secondary Education.

Will possibly reconvene at 2:30 p.m.


APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, January 26, 2004, 2:00 p.m. Hearing Room 7.

Office of Administration and Statewide Leasing.


APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, January 27, 2004, 2:30 p.m. Hearing Room 7.

Public testimony from the Office of Administration and Statewide Leasing. AMENDED


APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 28, 2004, 2:30 p.m. Hearing Room 7.

Office of the State Auditor, Office of Administration and Statewide Leasing.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Monday, January 26, 2004, 12:00 p.m. Hearing Room 5.

Testimony from the Department of Insurance.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, January 27, 2004, 8:15 a.m. Hearing Room 5.

Testimony from the Departments of Insurance, Labor, Transportation, and Economic Development.




APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, January 28, 2004, 8:15 a.m. Hearing Room 5.

Testimony from the Departments of Insurance, Labor, Transportation, and Economic Development.


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Thursday, January 29, 2004, 8:15 a.m. Hearing Room 5.

Testimony from the Departments of Insurance, Labor, Transportation, and Economic Development.


COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, January 27, 2004, Hearing Room 3 upon morning adjournment.

Executive Session may follow.

Public hearings to be held on: HB 1100, HB 1083


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 3.

Executive Session may follow.

Public hearings to be held on: HB 1055, HB 979, HB 1060, HB 1052, HB 1053


ELECTIONS

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 7.

Public hearings to be held on: HB 1098, HB 949, HB 1087


ETHICS

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 4.

109 Caucus. Executive Session may follow.


FINANCIAL SERVICES

Tuesday, January 27, 2004, 12:00 p.m. Hearing Room 6.

Executive Session may follow.

Public hearings to be held on: HB 904, HB 959


JOINT INTERIM COMMITTEE ON EDUCATION

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

Presentation by Dr. John Augenblick.


PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, January 27, 2004, 12:00 p.m. Hearing Room 4.

Public hearings to be held on: HB 869, HB 955


SENIOR SECURITY

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 6.

Executive Session will be held on: HB 898


SMALL BUSINESS

Wednesday, January 28, 2004, Hearing Room 3, 1:00 p.m. or upon ajournment.

Office of Administration and Department of Transportation will be present to answer questions

regarding MBE/WBE/DBE Certification.


SPECIAL COMMITTEE ON URBAN ISSUES

Tuesday, January 27, 2004, 6:00 p.m. Hearing Room 2.

Executive Session may follow.

Public hearings to be held on: HB 1129, HCR 8


TAX POLICY

Tuesday, January 27, 2004, 12:00 p.m. Hearing Room 7.

Executive Session may follow.

Public hearings to be held on: HB 973, HB 971, HB 958, HB 774


TRANSPORTATION AND MOTOR VEHICLES

Monday, January 26, 2004, 2:00 p.m. Hearing Room 7.

Executive Session will be held on: HJR 45


HOUSE CALENDAR


TENTH DAY, MONDAY, JANUARY 26, 2004


HOUSE BILLS FOR SECOND READING


HB 1213 through HB 1243


HOUSE JOINT RESOLUTION FOR PERFECTION


HCS HJR 28 - Roark (139)


HOUSE BILLS FOR PERFECTION


1       HB 969 - Cooper (120)

2       HCS HB 946, 1106 & 952 - Crawford (117)

3       HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)


HOUSE BILL FOR PERFECTION - CONSENT


                  (1-26-04)


HCS HB 950 & 948 - Mayer (159)




SENATE BILL FOR SECOND READING

 

SCS SB 1003


HOUSE RESOLUTIONS


1       HR 4, (1-22-04) - Lembke (85)

2       HR 120, (1-22-04) - Crowell (158)