Journal of the House

Second Regular Session, 92nd General Assembly

NINETEENTH DAY, Tuesday, February 10, 2004

The House met pursuant to adjournment.

         Representative Deeken in the Chair.

         Prayer by Representative Brian Nieves.

          Dear Lord,

          We ask that You watch over each and everyone of us on both sides of the aisle. We ask that You guide us in our decisions and in our discussion as we work together. Remind us Lord that we are a team. We are here to do the work of the people, and we need to work together as a team. Bless us and our families today, and all week Lord, and then help us to return safely to our homes.

          In Your name we pray. Amen.

         The Pledge of Allegiance to the flag was recited.

         The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Mattie Dueker, Emily Moll, Gussie Orbin, Jessica Chisholm, Molly Tedrow, Meghan Riley and Emily Frenz.

         The Journal of the eighteenth day was approved as corrected.

HOUSE RESOLUTION

         Representative Portwood offered House Resolution No. 464.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 465 - Representative Pratt

         House Resolution No. 466 - Representative Kuessner, et al

         House Resolution No. 467

                     and

House Resolution No. 468 - Representative Dixon

House Resolution No. 469

                     and

House Resolution No. 470 - Representative Cooper (155)

House Resolution No. 471 - Representative Townley

HOUSE CONCURRENT RESOLUTION

         Representative Jackson offered House Concurrent Resolution No. 22.

INTRODUCTION OF HOUSE JOINT RESOLUTIONS

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

HJR 51, introduced by Representatives Morris, Schlottach, Roark, Nieves, Pratt, Goodman, Deeken, Threlkeld, Icet, Taylor, Jetton, Lembke, Yates, Wood, Dempsey, Baker, Self, Wright, Quinn, Schneider, Bearden, Rector, Bivins, Stevenson, Schaaf and St. Onge, relating to state court jurisdiction.

HJR 52, introduced by Representatives Morris, Schlottach, Roark, Nieves, Jetton, Lembke, Yates, Pratt, Goodman, Deeken, Threlkeld, Icet, Quinn, Wood, Dempsey, Baker, Self, Taylor, Engler, Bearden, Rector, Bivins, Stevenson and Schaaf, relating to limitations of the power of the general assembly.

HJR 53, introduced by Representatives Ward, Liese, Graham, Harris (23), Kratky, McKenna and Shoemyer, relating to gaming.

INTRODUCTION OF HOUSE BILLS

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

HB 1435, introduced by Representatives Jetton, Lager, Dixon, Hanaway, Hunter, Davis (19), Stefanick, Dusenberg, Reinhart, Icet, Lipke, Phillips, Goodman, Moore, Nieves, Cunningham (145), Myers, Bean, Rector, Cunningham (86), Dixon, Wilson (119), Wood, Hobbs, Munzlinger, Sander and May, relating to designations of state tax refunds.

HB 1436, introduced by Representatives Byrd, Fraser, Yates, Stevenson, Goodman, Willoughby and Bishop, relating to statute of limitations for childhood sexual abuse cases.

HB 1437, introduced by Representative Sutherland, relating to motor carrier safety.

HB 1438, introduced by Representatives Ward, Kratky, McKenna, Selby, Kuessner, Shoemyer, Engler and Harris (110), relating to the Deputy Steven Ziegler Memorial Highway.

SECOND READING OF HOUSE JOINT RESOLUTION

         HJR 50 was read the second time.

SECOND READING OF HOUSE BILL - APPROPRIATIONS

         HB 1011 was read the second time.

SECOND READING OF HOUSE BILLS

         HB 1427 through HB 1434 were read the second time.

SECOND READING OF SENATE CONCURRENT RESOLUTION

         SS SCR 26 was read the second time.

SECOND READING OF SENATE BILL

         SB 739 was read the second time.

         Speaker Hanaway assumed the Chair.

PERFECTION OF HOUSE BILL

         HCS HB 777, relating to state institutions of higher education, was taken up by Representative Marsh.

         Representative Yates offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 777, Page 1, Section 174.020, Line 1, by striking “[Central Missouri State] University of Central Missouri” and inserting in lieu thereof the following: “Missouri State University at Central Missouri”; and

          Further amend Line 6 of said page, by inserting the words “at Southwest Missouri” immediately after the word “University”; and

          Further amend said bill, Page 2, Section 174.450, Line 2 of said page, by striking “[Central Missouri State] University of Central Missouri” and inserting in lieu thereof the following: “Missouri State University at Central Missouri”; and

          Further amend Line 3 of said page, by inserting the words “at Southwest Missouri” immediately after the word “University”; and

          Further amend such bill and section, Page 2, by striking Lines 17 through 25 and inserting in lieu thereof the following:

          “2. The governing boards of Missouri State University at Southwest Missouri and Missouri State University at Central Missouri, shall each be a board of governors of ten members, composed of nine voting members and one nonvoting member, who shall be appointed by the governor, by and with the advice and consent of the senate. The nonvoting member shall be a student selected in the same manner as prescribed in section 174.055. No more than one voting member shall be appointed to either board from the same Congressional district, and every member of each board shall be a citizen of the United States, and a resident of this state for at least two years prior to his or her appointment. No more than five voting members shall belong to any one political party.”; and

          Further amend such bill and section, Section 1, Line 1 of said page, by inserting the words “at Southwest Missouri and at Central Missouri” immediately after the word “University”; and

          Further amend such bill and section, Page 3, Line 6 of said page, by inserting the words “at Southwest Missouri and at Central Missouri” immediately after the word “University”; and

          Further amend Line 9 of said page, by inserting the words “at Southwest Missouri and at Central Missouri” immediately after the word “University”; and

          Further amend Line 11 of said page, by inserting the words “at Southwest Missouri and at Central Missouri” immediately after the word “University”.

         Speaker Pro Tem Jetton assumed the Chair.

         Speaker Hanaway resumed the Chair.

         HCS HB 777, with House Amendment No. 1, pending, was laid over.

         On motion of Representative Wright, the House recessed until 2:00 p.m.

AFTERNOON SESSION

         The hour of recess having expired, the House was called to order by Speaker Pro Tem Jetton.

         The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Zachery Voss, Nathan Voss, Justin Voss, Alexis Poole, Nichol Davis and Ian Mackey.

HOUSE RESOLUTION

         Representatives Moore and Walker, et al, offered House Resolution No. 485.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 472 - Representative Crawford

         House Resolution No. 473

                     through

House Resolution No. 476 - Representative Brown

House Resolution No. 477

                     and

House Resolution No. 478 - Representative Lipke

         House Resolution No. 479 - Representative Fraser

         House Resolution No. 480 - Representative Townley

         House Resolution No. 481

                     and

         House Resolution No. 482 - Representative Ward

         House Resolution No. 483 - Representative Crawford

         House Resolution No. 484 - Representative Henke

INTRODUCTION OF HOUSE BILLS

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

HB 1439, introduced by Representative Crawford, relating to transportation.

HB 1440, introduced by Representative Deeken, relating to regional planning commissions.

HB 1441, introduced by Representatives Graham, Sager, Sanders Brooks, Burnett, Yaeger, Shoemaker and Whorton, relating to the long-term care ombudsman program.

HB 1442, introduced by Representatives Lipke, Crowell, Mayer, Myers, Kuessner, Wagner, Jetton, Black, Engler and Ward, relating to the designation of a memorial highway.

HB 1443, introduced by Representatives Wildberger, Darrough, Walsh, Selby, Dougherty, Green, Kratky, Sager, Harris (110), Zweifel, Bishop, Wagner, Meiners, Burnett, Schoemehl, Corcoran, George, Spreng, Wilson (42), Liese, Vogt, Shoemyer and Salva, relating to collective bargaining rights for emergency response personnel.

HB 1444, introduced by Representatives Moore, Goodman, Jetton,Yates, Smith (14), Lembke, Munzlinger, Morris, Bruns, Rupp, Wilson (130), Hobbs, Sander, Behnen, Kingery, Brown, Stevenson, Schaaf, Davis (19), Stefanick, Ruestman, Reinhart, Phillips, Cooper (120), Nieves, Bivins, Engler, Hunter, Schneider, Dethrow, Kratky, King, Dusenberg, Cunningham (145), Walsh, Corcoran, Fares, Hilgemann, Abel, Lowe, Meiners and Dixon, relating to legislative committees.

HB 1445, introduced by Representative Mayer, to authorize the conveyance of property owned by the state in the county of Stoddard to the city of Dexter.

HB 1446, introduced by Representative Johnson (47), relating to project plans and specifications of state facilities.

HB 1447, introduced by Representative Lembke, relating to maximum amounts of compensation for police officers.

HB 1448, introduced by Representatives Bruns, Moore, Munzlinger and Deeken, relating to the family development account program.

HB 1449, introduced by Representatives Bruns and Bivins, relating to special license plates.

HB 1450, introduced by Representatives Shoemaker, Bishop, Wildberger, Sander, Taylor, Hunter, Dempsey, Ruestman, Viebrock, Angst, Jolly, Willoughby, Skaggs, Stevenson, Wright and LeVota, relating to tampering with cable television distribution capabilities.

HB 1451, introduced by Representatives Fraser, Walker and Moore, relating to foreign language instruction in elementary schools.

HB 1452, introduced by Representatives Fraser, Donnelly, Walker, Riback Wilson (25) and Jolly, relating to corporal punishment.

HB 1453, introduced by Representatives Hanaway, Icet, Myers, Smith (14), Pearce, Wasson, Wilson (119), Nieves, Rupp, Dixon, Young, Moore, Baker, Bough, Sander, Jackson, Schaaf, Munzlinger, Quinn, Bivins, Ervin, Dusenberg, Phillips, Schneider, Crowell, Wood, Wright, Bruns, Pratt, Reinhart, Morris, Jetton, Deeken, Sutherland, Richard, Self, Kelly (144), Stevenson, Angst, Stefanick, Portwood, Mayer, Cooper (120), Dougherty, Ruestman, Threlkeld, Dempsey, Behnen, Cunningham (145), Smith (118), Byrd, Bean, King, Engler, Schlottach, Guest and Hobbs, relating to the state foster care and protective services for children.

HB 1454, introduced by Representatives Swinger, Mayer, Kuessner, Bishop, Davis (122), Hampton, Skaggs, Kratky, Bean, Myers, Black and Wildberger, to authorize the conveyance of property owned by the state in the county of Pemiscot to the city of Caruthersville.

HB 1455, introduced by Representatives Black, Icet, Wallace, Bivins, Hobbs, Smith (14), Emery, Phillips, Jackson, Wilson (130), Kelly (144), Cooper (120), Rupp, Holand, Jetton, Shoemyer and Hampton, relating to air conservation.

HB 1456, introduced by Representatives Black, Icet, Wallace, Bivins, Hobbs, Jackson, Wilson (130), Kelly (144), Cooper (120), Holand, Jetton, Shoemyer and Hampton, relating to transient guest taxes.

HB 1457, introduced by Representatives Black, Myers, Icet, Bivins, Schaaf, Hobbs, Smith (14), Rector, Emery, Phillips, Jackson, Wilson (130), Kelly (144), Cooper (120), Rupp, Holand, Jetton, Shoemyer, Skaggs and Hampton, relating to permits issued by the department of natural resources.

HB 1458, introduced by Representatives Moore, Kratky, Shoemaker, Kelly (36), Thompson, Kelly (144), Daus, Johnson (61), Carnahan, Hubbard, Myers, Morris, Liese, Wildberger, Swinger and Hilgemann, relating to the creation of the gang resistance education and training program fund.

HB 1459, introduced by Representatives Moore, Walker, Kratky, Walsh, Donnelly, Sager, Selby, Skaggs, Kuessner, Henke, Corcoran, Jolly, Spreng, Carnahan, Wilson (42), Thompson, Hubbard, Bishop, Hilgemann and Schneider, relating to closed captioning of local television news programming.

PERFECTION OF HOUSE BILL

         HCS HB 777, with House Amendment No. 1, pending, relating to state institutions of higher education, was again taken up by Representative Marsh.

         Representative Riback Wilson (25) offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 777, Page 1, Section 174.020, Line 3, by striking “[Central Missouri State] University of Central Missouri” and inserting in lieu thereof the following: “Missouri State University at Central Missouri”; and

          Further amend Line 6 of said page, by inserting the words “at Southwest Missouri” immediately after the word “University”; and

          Further amend said bill, Page 2, Section 174.450, Line 2 of said page, by striking “[Central Missouri State] University of Central Missouri” and inserting in lieu thereof the following: “Missouri State University at Central Missouri”; and

          Further amend Line 3 of said page, by inserting the words “at Southwest Missouri” immediately after the word “University”; and

          Further amend such bill and section, Page 2, by striking Lines 17 through 25 and inserting in lieu thereof the following:

          “2. The governing boards of Missouri State University at Southwest Missouri and Missouri State University at Central Missouri shall be one and the same as the Board of Curators of the University of Missouri.”; and

          Further amend such bill and section, Section 1, Line 1 of said page, by inserting the words “at Southwest Missouri and at Central Missouri” immediately after the word “University”; and

          Further amend such bill and section, Page 3, Line 6 of said page, by inserting the words “at Southwest Missouri and at Central Missouri” immediately after the word “University”; and

          Further amend Line 9 of said page, by inserting the words “at Southwest Missouri and at Central Missouri” immediately after the word “University”; and

          Further amend Line 11 of said page, by inserting the words “at Southwest Missouri and at Central Missouri” immediately after the word “University”; and

          Further amend said title, enacting clause and intersectional references accordingly.

         Representative Riback Wilson (25) moved that House Substitute Amendment No. 1 for House Amendment No. 1 be adopted.

         Which motion was defeated by the following vote:

         Representative Wildberger offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 777, Page 1, Section 174.020, Line 7, by placing brackets around the word “college” on said lines; and

          Further amend said bill, Page 1, Section 174.020, Line 7, by inserting the word “institution” before the word “at” on said line; and

          Further amend said bill, Page 1, Section 174.020, Line 8, by placing brackets around the word “college” on said line; and

          Further amend said bill, Page 1, Section 174.020, Line 9, by inserting before all of said line the following: “University”; and

          Further amend said title, enacting clause, and intersectional references accordingly.

         Speaker Hanaway resumed the Chair.

         Representative Wildberger moved that House Amendment No. 1 to House Amendment No. 1 be adopted.

         Which motion was defeated by the following vote:

         Representative Portwood offered House Amendment No. 2 to House Amendment No. 1.

         House Amendment No. 2 to House Amendment No. 1 was withdrawn.

         Representative Walker offered House Amendment No. 3 to House Amendment No. 1.

         Representative Goodman raised a point of order that House Amendment No. 3 to House Amendment No. 1 is not germane to the amendment and the underlying bill.

         The Chair ruled the point of order well taken.

         Representative Seigfreid offered House Amendment No. 4 to House Amendment No. 1.

House Amendment No. 4

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 777, Page 2, Section 1, Line 5 of said page, by inserting after said line the following:

          “Further amend said bill and section, Section 1, Line 5 of said page, by inserting after the word “institution” the following: “involved in such cooperative program”.

         Representative Seigfreid moved that House Amendment No. 4 to House Amendment No. 1 be adopted.

         Which motion was defeated.

         Representative Icet offered House Amendment No. 5 to House Amendment No. 1.

         Representative Goodman raised a point of order that House Amendment No. 5 to House Amendment No. 1 is not germane and goes beyond the scope of the underlying bill.

         The Chair ruled the point of order well taken.

         Representative Behnen assumed the Chair.

         Speaker Hanaway resumed the Chair.

         Representative Yates moved that House Amendment No. 1 be adopted.

         Which motion was defeated by the following vote:

         Representative Harris (23) requested a verification of the roll call on the motion to adopt House Amendment No. 1.

         Representative Behnen resumed the Chair.

         Representative Sager offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 777, Page 1, Section 174.020, Line 1, by inserting before all of said line the following:

          "172.030. The board of curators of the University of the state of Missouri shall hereafter consist of nine members, one of which shall be a student curator, who shall be appointed by the governor, by and with the advice and consent of the senate; provided, that not more than one [person] of the eight nonstudent curators shall be appointed upon said board from the same congressional district, and no person shall be appointed a curator who shall not be a citizen of the United States, and who shall not have been a resident of the state of Missouri two years next prior to his or her appointment. Beginning with the next appointment to the board of curators by the governor after August 28, 2003, one of the nine members of the board shall be a current full-time student of the University of Missouri, whose title shall be student curator, and notwithstanding the provisions of sections 172.040 and 172.060, whose term of service shall be two years or as long as the person maintains the status of a full-time student. The student curator shall have the right to vote on any matter before the board; except that, the student curator shall not vote on personnel matters or vote to break the vote of the board. At the end of the student curator's term of service, the governor shall appoint a current full-time student from the University of Missouri to serve as student curator. Not more than five curators shall belong to any one political party.

          172.040. Except as provided in section 172.030 for student curators with voting powers, the term of service of the curators shall be six years, the terms of three expiring every two years; the first expiration occurring on the first day of January, 1911, and succeeding expirations of three members every two years thereafter. Said curators, while attending the meetings of the board, shall receive their actual expenses, which shall be paid out of the ordinary revenues of the university.

          172.060. Except as provided in section 172.030 for student curators with voting powers, all appointments to fill vacancies, except such as may be made to fill out unexpired terms, shall be for the term of six years, and until the successors of such appointees shall be appointed and qualified."; and

          Further amend said bill, Page 2, Section 174.450, Lines 1-25, by deleting all of said section and inserting the following:

          "174.450. 1. Except as provided in subsection 2 of this section, the governing board of Central Missouri State University, Southwest Missouri State University, Missouri Southern State University-Joplin, and of each other public institution of higher education which, through the procedures established in subdivision (7) or (8) of section 173.030, RSMo, is charged with a statewide mission shall be a board of governors consisting of eight members, composed of seven voting members and one nonvoting member as provided in sections 174.453 and 174.455, who shall be appointed by the governor of Missouri, by and with the advice and consent of the senate. No person shall be appointed a voting member who is not a citizen of the United States and who has not been a resident of the state of Missouri for at least two years immediately prior to such appointment. Not more than four voting members shall belong to any one political party. The appointed members of the board of regents serving on the date of the statutory mission change shall become members of the board of governors on the effective date of the statutory mission change and serve until the expiration of the terms for which they were appointed. The board of regents of any such institution shall be abolished on the effective date of the statutory mission change, as prescribed in subdivision (7) or (8) of section 173.030, RSMo.

          2. Beginning with the next appointment to the governing board by the governor of Missouri after August 28, 2004, one of the seven voting members of the board of governors of Southwest Missouri State University shall be a current full-time student of Southwest Missouri State University, whose title shall be student governor, and, notwithstanding the provisions of subsection 2 of section 174.453, whose term of service shall be two years or as long as the person maintains the status of a full-time student. The student governor shall have the right to vote on any matter before the board. At the end of the student governor's term of service, the governor of Missouri shall appoint a current full-time student from Southwest Missouri State University to serve as student governor."; and

          Further amend said bill, Page 2, Section 174.450, Line 25, by inserting after all of said line the following:

          "174.610. 1. The governing board of the Truman State University shall be a board of governors consisting of ten members, composed of seven voting members, one of whom shall be a student governor, and three nonvoting members as provided in section 174.620, who shall be appointed by the governor of Missouri, by and with the advice and consent of the senate. No person shall be appointed a voting governor who is not a citizen of the United States and who has not been a resident of the state of Missouri for at least two years immediately prior to such person's appointment. Not more than four voting governors shall belong to any one political party. [The appointed members of the board of regents serving on January 1, 1986, shall become members of the board of governors on January 1, 1986, and serve until the expiration of the terms for which they were appointed.]

          2. Beginning with the next appointment to the governing board by the governor of Missouri after August 28, 2003, one of the seven voting members of the board shall be a current full-time student of Truman State University, whose title shall be student governor, and, notwithstanding the provisions of subdivision (1) of subsection 2 of section 174.620, whose term of service shall be two years, provided the person maintains the status of a full-time student. The student governor shall have the right to vote on any matter before the board. At the end of the student governor's term of service, the governor of Missouri shall appoint a current full-time student from Truman State University to serve as student governor.

          174.620. 1. The board of governors shall be appointed as follows:

          (1) Four voting members from the counties of Adair, Audrain, Boone, Callaway, Chariton, Clark, Howard, Knox, Lewis, Lincoln, Linn, Marion, Macon, Monroe, Montgomery, Pike, Putnam, Ralls, Randolph, St. Charles, Schuyler, Scotland, Shelby, Sullivan, and Warren, provided that not more than one member shall be appointed from the same county;

          (2) Three voting members from any of the seven college districts as contained in section 174.010, provided that no more than one non-student member shall be appointed from the same congressional district;

          (3) Two nonvoting members whose residence is other than the state of Missouri and who are knowledgeable of the educational mission of liberal arts institutions; and

          (4) One nonvoting member who is a student. Such student representative shall attend all meetings and participate in all deliberations of the board. Such student representative shall not have the right to vote on any matter before the board, but shall have all other powers and duties of section 174.055, and shall also meet the qualifications of section 174.055.

          2. Except as provided in subsection 2 of section 174.610, the term of service of the governors shall be as follows:

          (1) The voting members shall be appointed for terms of six years; except, that of the voting members first appointed, two shall serve for terms of two years, two for terms of four years, and three for terms of six years;

          (2) The nonvoting members who are not students shall be appointed for terms of six years; except, that of the nonvoting members first appointed, one shall serve for a term of three years, and one shall serve a term of six years; and

          (3) The nonvoting student member shall serve a two-year term as provided in section 174.055.

          3. The governors, both voting and nonvoting, while attending the meetings of the board shall receive their actual and necessary expenses, which shall be paid out of the ordinary revenues of the university. Vacancies in terms of office caused by death, resignation or removal shall be filled in the manner provided by law for such vacancies on the board of curators of the University of Missouri.

          174.621. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.

          2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.

          3. Upon a unanimous affirmative vote of the members of the board who are present and who are not student representatives, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the nonvoting student representative."; and

          Further amend said title, enacting clause and intersectional references accordingly.

         Speaker Hanaway resumed the Chair.

         Representative Goodman raised a point of order that House Amendment No. 2 is not germane and goes beyond the scope of the underlying bill.

         The Chair ruled the point of order not well taken.

         Representative Behnen resumed the Chair.

         Representative Seigfreid offered House Amendment No. 1 to House Amendment No. 2.

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for House Bill No. 777, Page 4, Section 174.450, Line 6, by deleting the word "seven" and inserting in lieu thereof the word "ten"; and

          Further amend said section, Line 6, by deleting the word "Southwest"; and

          Further amend said section, Line 8, by deleting the word "Southwest"; and

          Further amend said section, Line 15, by deleting the word "Southwest".

         Representative Pearce assumed the Chair.

         Speaker Hanaway resumed the Chair.

         Representative Seigfreid moved that House Amendment No. 1 to House Amendment No. 2 be adopted.

         Which motion was defeated by the following vote:

         Representative Sager moved that House Amendment No. 2 be adopted.

         Which motion was defeated by the following vote:

         Representative Smith (14) offered House Amendment No. 3.

         Representative Goodman raised a point of order that House Amendment No. 3 goes beyond the scope of the underlying bill.

         The Chair ruled the point of order well taken.

         Representative Shoemyer offered House Amendment No. 4.

         Representative Goodman raised a point of order that House Amendment No. 4 is out of order.

         The Chair ruled the point of order well taken.

         Representative Graham offered House Amendment No. 5.

         Representative Goodman raised a point of order that House Amendment No. 5 goes beyond the scope of the underlying bill.

         The Chair ruled the point of order well taken.

         Representative Carnahan offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 777, Page 1, Section 174.020, Line 6, by striking “[Southwest] Missouri State University” and inserting in lieu thereof the following: “University of Missouri at Springfield”; and

          Further amend said bill, Page 2, Section 174.450, Lines 2 and 3 of said page, by striking “[Southwest] Missouri State University” and inserting in lieu thereof the following: “University of Missouri at Springfield”; and

          Further amend such bill and section, Page 2, by striking Lines 17 through 25; and

          Further amend such bill and section, Pages 2 and 3, Section 1, by striking all of said section.

         Representative Pearce resumed the Chair.

         Speaker Hanaway resumed the Chair.

         Representative Carnahan moved that House Amendment No. 6 be adopted.

         Which motion was defeated by the following vote:

         Representative Harris (23) offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill No. 777, Page 2, Section 174.450, Line 25, by inserting immediately at the end of said line the following: “the governing board shall reflect the racial diversity of the state of Missouri as reasonably as possible, and in that regard, at least one member of the governing board shall be African-American.”.

         Representative Harris (23) moved that House Amendment No. 7 be adopted.

         Which motion was defeated.

         Representative Skaggs offered House Amendment No. 8.

         Representative Goodman raised a point of order that House Amendment No. 8 goes beyond the scope of the underlying bill.

         The Chair ruled the point of order well taken.

         On motion of Representative Marsh, HCS HB 777 was adopted.

         On motion of Representative Marsh, HCS HB 777 was ordered perfected and printed.

SIGNING OF HOUSE CONCURRENT RESOLUTION

         All other business of the House was suspended while HCR 5 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

REFERRAL OF HOUSE BILLS - APPROPRIATIONS

         The following House Bills were referred to the Committee indicated:

HB 1001 - Budget

HB 1002 - Budget

HB 1003 - Budget

HB 1004 - Budget

HB 1005 - Budget

HB 1006 - Budget

HB 1007 - Budget

HB 1008 - Budget

HB 1009 - Budget

HB 1010 - Budget

HB 1011 - Budget

HB 1012 - Budget

REFERRAL OF HOUSE BILL

         The following House Bill was referred to the Committee indicated:

HB 905 - Professional Registration and Licensing

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 passed SCS SB 758, entitled:

         An act to repeal section 67.1360, RSMo, and to enact in lieu thereof one new section relating to tourism taxes.

         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 767, entitled:

         An act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Edwin P. Hubble Memorial Highway.

         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 SB 769, entitled:

         An act to repeal section 223.295, RSMo, and to enact in lieu thereof one new section relating to dissolution of road districts in certain counties.

         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 SB 770, entitled:

         An act to repeal section 227.340, RSMo, and to enact in lieu thereof one new section relating to the George Washington Carver Memorial Highway.

         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 782, entitled:

         An act to repeal sections 54.150, 54.170, and 54.261, RSMo, and to enact in lieu thereof four new sections relating to county treasurers.

         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 789, entitled:

         An act to repeal sections 48.020 and 48.030, RSMo, and to enact in lieu thereof two new sections relating to county classification.

         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 SB 932, entitled:

         An act to repeal section 288.060, RSMo, and to enact in lieu thereof one new section relating to employment.

         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 SBs 942, 850 & 841, entitled:

         An act to authorize the governor to convey certain tracts of state property, with an emergency clause for certain sections.

         Emergency clause adopted.

         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 1006, entitled:

         An act to amend chapter 277, RSMo, by adding thereto one new section relating to the designation of a memorial highway.

         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 SB 1028, entitled:

         An act to repeal sections 34.010, 34.031, 34.032, 34.040, 34.065, and 34.130, RSMo, and to enact in lieu thereof four new sections relating to state purchasing.

         In which the concurrence of the House is respectfully requested.

COMMUNICATION FROM THE SECRETARY OF STATE

TO THE CHIEF CLERK OF THE HOUSE

Mr. Stephen S. Davis

Jefferson City, MO

Sir:

          I, Matt Blunt, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 101^st Legislative District in the State of Missouri, on the 3^rd day of February, 2004, as provided by law, the following named person was elected to the office of State Representative, 101^st District as shown by the election results certified to this office by the election authority of the 101^st Legislative District.

Name                                                          Office

Tim Meadows                                             State Representative

1027 Cantebury Circle                                101^st Legislative District

Imperial, Missouri 63052

                                                                    IN WITNESS WHEREOF, I have hereunto set my

                                                                    hand and affixed the seal of my office this 10^th day

                                                                    of February 2004

                                                                    /s/ Matt Blunt

                                                                    Secretary of State

WITHDRAWAL OF HOUSE BILLS

February 10, 2004

Stephen S. Davis

Chief Clerk

House of Representatives

Jefferson City, Missouri 65101

Dear Stephen:

          I am writing to request withdrawal of House Bill 810, which I introduced in December.

          Thank you for your attention to this matter.

Sincerely,

/s/ Otto Bean, Jr.

State Representative

163^rd District

__________

TO:                  Steve Davis, Chief Clerk

FROM:            Doug Ervin

DATE:             February 10, 2004

RE:                   HB 1413

I wish to withdraw House Bill 1413, due to drafting errors in the bill.

Should you need additional information, please let me know.

ADJOURNMENT

         On motion of Representative Wright, the House adjourned until 10:00 a.m., Wednesday, February 11, 2004.

CORRECTION TO THE HOUSE JOURNAL

         Correct House Journal, Eighteenth Day, Monday, February 9, 2004, Pages 251 and 252, roll call, by showing Representative Curls voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 11, 2004, 8:00 a.m. Hearing Room 7.

Office of Administration, Judiciary, and Public Defender.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 11, 2004, 2:45 p.m. Hearing Room 7.

Office of Administration, Judiciary, and Public Defender.

APPROPRIATIONS - GENERAL ADMINISTRATION

Thursday, February 12, 2004, 8:00 a.m. Hearing Room 7.

Public Defender, General Assembly, Office of the Governor and Office of the Lt. Governor.

CORRECTED NOTICE

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 16, 2004, 1:00 p.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 17, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 18, 2004, 8:00 a.m. Hearing Room 3.

Public testimony. Departments of Health, Mental Health, and Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 19, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Wednesday, February 11, 2004, 8:00 a.m. Hearing Room 6.

Departments of Public Safety and Corrections. Department presentations.

Review Governor's budget recommendations.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Thursday, February 12, 2004, Hearing Room 6 upon morning adjournment.

Departments of Public Safety and Corrections. Department presentations.

Review Governor's recommendations.

BUDGET

Wednesday, February 11, 2004, 8:00 a.m. Hearing Room 3.

Executive session will be held on: HB 1014

BUDGET

Thursday, February 12, 2004, 8:00 a.m. Hearing Room 3.

Executive session will be held on: HB 1014

CHILDREN AND FAMILIES

Wednesday, February 11, 2004, Hearing Room 1 upon evening adjournment.

Executive session may follow.

Public hearings to be held on: HB 1120, HB 846, HB 915

CONSERVATION AND NATURAL RESOURCES

Wednesday, February 11, 2004, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 1276, HB 1209, HJR 35, HB 862

CRIME PREVENTION AND PUBLIC SAFETY

Wednesday, February 11, 2004, 8:30 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 1215, HB 1168, HB 1059, HB 1103, HB 1075

EDUCATION

Wednesday, February 11, 2004, 5:00 p.m. Hearing Room 3.

Possible Executive session on previously heard bills.

Public hearings to be held on: HB 1048, HB 1380, HB 1333, HB 1360

HEALTH CARE POLICY

Wednesday, February 11, 2004, 5:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 809, HB 1174, SCS SB 1003

Executive session will be held on: HB 923

JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, February 11, 2004, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 1117, HB 1239

JOINT COMMITTEE ON CORRECTIONS

Thursday, February 19, 2004, 8:30 a.m. Hearing Room 5.

Regular business meeting.

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Thursday, February 26, 2004, Hearing Room 5 upon morning adjournment of both Chambers.

Report from the Revision Subcommittee.

Oversight program evaluation on the Office of Administration, Division of Facilities Management, State leasing practices. Any other business.

JOINT COMMITTEE ON OUT-OF-SCHOOL PROGRAMS

Friday, February 13, 2004, 8:30 a.m. Senate Lounge.

JOINT INTERIM COMMITTEE ON EDUCATION

Wednesday, February 11, 2004, 7:30 p.m. Senate Committee Room 2.

Discussion on draft report of committee.

JOINT INTERIM COMMITTEE ON EDUCATION

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

Final report of committee.

JUDICIARY

Wednesday, February 11, 2004, 12:00 p.m. Hearing Room 1.

Executive session on other bills may follow.

Public hearings to be held on: HB 1179, HB 1305

Executive session will be held on: HB 1304

LOCAL GOVERNMENT

Thursday, February 12, 2004, 8:30 a.m. Hearing Room 6.

Executive session will follow.

Public hearings to be held on: HB 1128, HB 1162, HB 1166, HB 975

SENIOR SECURITY

Tuesday, February 17, 2004, 5:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 1230, HB 1302

SMALL BUSINESS

Wednesday, February 11, 2004, Hearing Room 4 upon noon adjournment.

Public hearings to be held on: HB 1058

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, February 11, 2004, 12:00 p.m. Hearing Room 7.

Executive session to follow.

Public hearings to be held on: HB 912, HB 1149, HB 826, HB 1167,

HB 1114, HB 937, HB 1029, HB 1108, HB 1200

WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, February 11, 2004, 12:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearing to be held on: HB 1397

HOUSE CALENDAR

TWENTIETH DAY, WEDNESDAY, FEBRUARY 11, 2004

HOUSE JOINT RESOLUTIONS FOR SECOND READING

HJR 51 through HJR 53

HOUSE BILLS FOR SECOND READING

HB 1435 through HB 1459

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 28 - Roark (139)

HOUSE BILLS FOR PERFECTION

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

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

3       HCS HB 1041 - Cunningham (86)

4       HCS HB 1040 - Cunningham (86)

5       HCS HB 1268 & 1211 - Smith (118)

6       HCS HB 978 - Baker (123)

HOUSE BILLS FOR THIRD READING

1       HCS HB 980, (Budget 2-04-04) - Myers (160)

2       HCS HB 777 - Marsh (136)

HOUSE BILL FOR THIRD READING - CONSENT

HB 994 - Cunningham (145)

SENATE BILLS FOR SECOND READING

1       SCS SB 758

2       SCS SB 767

3       SB 769

4       SB 770

5       SCS SB 782

6       SCS SB 789

7       SB 932

8       SCS SBs 942, 850 & 841

9       SCS SB 1006

10     SB 1028