Second Regular Session, 92nd General Assembly
FIFTIETH DAY, Tuesday, April 13, 2004
The House met pursuant to adjournment.
Speaker Hanaway in the Chair.
Prayer by Reverend Donald W. Lammers.
Holy Lord, our God, we praise and thank You for holidays, which give us extra time with our families, time to rest, and time to think.
Lord of Spring, working in our world, You call forth new life everywhere. Every one of us saw it as we traveled here today. You lead us into harmony with nature, bringing Spring into our lives, and new life into our Spring.
We have stepped out of the Spring weather into our place of work. Lord God, keep the vitality of Spring alive in us, as we move into this season of our work. Important issues are before us; significant decisions are to be made. Give us the virtue of listening to one another, the discipline to do the homework needed, the wisdom to discern the truth, and the courage to stand always for what is right.
We pray to You, our God, for ever and ever. 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: Vaneta Lee, Emily Cunningham, Trisha Counce, Daniela Daniels, Larisha Jones, Kristi Buchannan and Chad Day.
The Journal of the forty-ninth day was approved as printed.
Representative Engler assumed the Chair.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1647 - Representative Cunningham (145)
House Resolution No. 1648 - Representative Cooper (120)
House Resolution No. 1649 - Representative Moore
House Resolution No. 1650 - Representative Ervin
House Resolution No. 1651 - Representative Dixon
House Resolution No. 1652 - Representative Hanaway
House Resolution No. 1653 - Representatives Crawford and Pratt
House Resolution No. 1654
through
House Resolution No. 1667 - Representative Portwood
House Resolution No. 1668 - Representative Kingery
House Resolution No. 1669
through
House Resolution No. 1672 - Representative Wood
House Resolution No. 1673
through
House Resolution No. 1676 - Representative Bough
House Resolution No. 1677 - Representative Harris (110)
House Resolution No. 1678 - Representative May
House Resolution No. 1679 - Representatives Jolly and Meiners
House Resolution No. 1680
and
House Resolution No. 1681 - Representative Jolly
House Resolution No. 1682 - Representative Sager, et al
House Resolution No. 1683
and
House Resolution No. 1684 - Representative Sager
House Resolution No. 1685 - Representative LeVota, et al
House Resolution No. 1686 - Representative Johnson (61)
House Resolution No. 1687 - Representatives Hubbard and Boykins
House Resolution No. 1688 - Representative Schlottach
House Resolution No. 1689 - Representative McKenna
House Resolution No. 1690
and
House Resolution No. 1691 - Representative Jetton
House Resolution No. 1692 - Representative Liese
House Resolution No. 1693
through
House Resolution No. 1697 - Representative Guest
House Resolution No. 1698 - Representative Smith (14)
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 1730, introduced by Representative Stevenson, relating to the authority to audit.
HB 1731, introduced by Representative Muckler, relating to child support.
SECOND READING OF HOUSE BILL - APPROPRIATIONS
HB 1021 was read the second time.
SECOND READING OF HOUSE BILLS
HB 1727 through HB 1729 were read the second time.
SECOND READING OF SENATE BILL
SS SCS SBs 1233, 840 & 1043 was read the second time.
COMMITTEE REPORT
Committee on Budget, Chairman Bearden reporting:
Madam Speaker: Your Committee on Budget, to which was referred HS HCS HB 1453 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.
PERFECTION OF HOUSE BILL
HCS HB 774, relating to waste tires, was taken up by Representative Sander.
Representative Sander offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 774, Section 260.279.1 (5), Page 3, Line 31, by inserting immediately after the word, “product.”, the following:
“For the purposes of this subsection, the landfilling of waste tires, waste tire chips, or waste tire shreds in any manner, including landfill cover, shall not permit the vendor a preference.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Sander, House Amendment No. 1 was adopted.
On motion of Representative Sander, HCS HB 774, as amended, was adopted.
On motion of Representative Sander, HCS HB 774, as amended, was ordered perfected and printed.
THIRD READING OF HOUSE BILLS
HS HCS HB 1207, relating to levee districts, was taken up by Representative Icet.
On motion of Representative Icet, HS HCS HB 1207 was read the third time and passed by the following vote:
AYES: 131 |
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Abel |
Angst |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Boykins |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Darrough |
Daus |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
George |
Goodman |
Graham |
Green |
Guest |
Hampton |
Hilgemann |
Hobbs |
Holand |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Johnson 90 |
Jones |
Kelly 144 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lembke |
Lipke |
Lowe |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meadows |
Miller |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Ransdall |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Sander |
Schaaf |
Schlottach |
Schneider |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Swinger |
Taylor |
Thompson |
Threlkeld |
Townley |
Viebrock |
Villa |
Wagner |
Wallace |
Ward |
Wasson |
Willoughby |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright |
Yates |
Young |
Zweifel |
Madam Speaker |
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NOES: 029 |
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Bringer |
Brooks |
Davis 122 |
Donnelly |
Fraser |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Johnson 61 |
Jolly |
Kelly 36 |
Lawson |
LeVota |
Liese |
Meiners |
Sager |
Salva |
Schoemehl |
Seigfreid |
Vogt |
Walker |
Walsh |
Walton |
Whorton |
Wildberger |
Wilson 25 |
Wilson 42 |
Yaeger |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 003 |
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Avery |
Curls |
Dougherty |
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Representative Engler declared the bill passed.
HS HCS HB 1511, relating to a trust and estate administration, was taken up by Representative Byrd.
On motion of Representative Byrd, HS HCS HB 1511 was read the third time and passed by the following vote:
AYES: 157 |
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Abel |
Angst |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Boykins |
Bringer |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Darrough |
Daus |
Davis 122 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
Fraser |
George |
Goodman |
Graham |
Green |
Guest |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hobbs |
Holand |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lawson |
Lembke |
LeVota |
Liese |
Lipke |
Lowe |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meadows |
Meiners |
Miller |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Ransdall |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Sager |
Salva |
Sander |
Schaaf |
Schlottach |
Schneider |
Schoemehl |
Seigfreid |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Swinger |
Taylor |
Thompson |
Threlkeld |
Townley |
Viebrock |
Villa |
Vogt |
Wagner |
Walker |
Wallace |
Walsh |
Walton |
Ward |
Wasson |
Whorton |
Wildberger |
Willoughby |
Wilson 119 |
Wilson 130 |
Wilson 25 |
Witte |
Wood |
Wright |
Yaeger |
Yates |
Young |
Zweifel |
Madam Speaker |
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NOES: 001 |
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Selby |
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PRESENT: 002 |
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Brooks |
Wilson 42 |
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ABSENT WITH LEAVE: 003 |
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Avery |
Curls |
Dougherty |
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Representative Engler declared the bill passed.
HS HCS HB 1453, relating to foster care, was taken up by Representative Hanaway.
On motion of Representative Hanaway, HS HCS HB 1453 was read the third time and passed by the following vote:
AYES: 112 |
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Angst |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bough |
Brown |
Bruns |
Byrd |
Campbell |
Cooper 120 |
Cooper 155 |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Dusenberg |
Emery |
Engler |
Ervin |
Fares |
Goodman |
Guest |
Hampton |
Harris 110 |
Henke |
Hobbs |
Holand |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lawson |
Lembke |
Lipke |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meadows |
Meiners |
Miller |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Salva |
Sander |
Schaaf |
Schlottach |
Schneider |
Selby |
Self |
Shoemaker |
Smith 118 |
Smith 14 |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Threlkeld |
Townley |
Viebrock |
Wagner |
Wallace |
Walton |
Ward |
Wasson |
Whorton |
Wildberger |
Willoughby |
Wilson 119 |
Wilson 130 |
Wood |
Wright |
Yates |
Young |
Madam Speaker |
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NOES: 047 |
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Abel |
Bishop |
Bland |
Boykins |
Bringer |
Brooks |
Burnett |
Carnahan |
Corcoran |
Darrough |
Daus |
Davis 122 |
Donnelly |
Fraser |
George |
Graham |
Green |
Harris 23 |
Haywood |
Hilgemann |
Hoskins |
Hubbard |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
LeVota |
Liese |
Lowe |
Ransdall |
Sager |
Schoemehl |
Seigfreid |
Shoemyer |
Skaggs |
Spreng |
Swinger |
Thompson |
Villa |
Vogt |
Walker |
Walsh |
Wilson 25 |
Wilson 42 |
Witte |
Yaeger |
Zweifel |
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PRESENT: 001 |
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El-Amin |
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ABSENT WITH LEAVE: 003 |
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Avery |
Curls |
Dougherty |
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Representative Engler declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 117 |
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Angst |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bough |
Boykins |
Brown |
Bruns |
Byrd |
Campbell |
Cooper 120 |
Cooper 155 |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Davis 122 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Dusenberg |
Emery |
Engler |
Ervin |
Fares |
Goodman |
Guest |
Hampton |
Harris 110 |
Henke |
Hobbs |
Holand |
Hubbard |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Lager |
Lawson |
Lembke |
Lipke |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meadows |
Meiners |
Miller |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Ransdall |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Salva |
Sander |
Schaaf |
Schlottach |
Schneider |
Seigfreid |
Selby |
Self |
Shoemaker |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Threlkeld |
Townley |
Viebrock |
Villa |
Wagner |
Wallace |
Walton |
Ward |
Wasson |
Wildberger |
Willoughby |
Wilson 119 |
Wilson 130 |
Wood |
Wright |
Yates |
Young |
Madam Speaker |
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NOES: 029 |
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Abel |
Bishop |
Bringer |
Burnett |
Carnahan |
Corcoran |
Darrough |
Daus |
Donnelly |
Fraser |
Graham |
Green |
Harris 23 |
Haywood |
Hilgemann |
Jolly |
Jones |
LeVota |
Liese |
Sager |
Schoemehl |
Skaggs |
Swinger |
Vogt |
Walker |
Wilson 25 |
Witte |
Yaeger |
Zweifel |
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PRESENT: 014 |
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Bland |
Brooks |
El-Amin |
George |
Hoskins |
Johnson 61 |
Johnson 90 |
Kuessner |
Lowe |
Shoemyer |
Thompson |
Walsh |
Whorton |
Wilson 42 |
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ABSENT WITH LEAVE: 003 |
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Avery |
Curls |
Dougherty |
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PERFECTION OF HOUSE BILLS
HCS HB 1617, relating to obstruction of securities investigations, was taken up by Representative Hanaway.
On motion of Representative Hanaway, HCS HB 1617 was adopted.
On motion of Representative Hanaway, HCS HB 1617 was ordered perfected and printed.
HB 1664, relating to business entities, was taken up by Representative Hanaway.
On motion of Representative Hanaway, HB 1664 was ordered perfected and printed.
HB 1665, relating to securities regulation, was taken up by Representative Hanaway.
On motion of Representative Hanaway, HB 1665 was ordered perfected and printed.
REFERRAL OF SENATE BILL
The following Senate Bill was referred to the Committee indicated:
HCS SS SCS SB 1099 - Budget (Fiscal Note)
COMMITTEE REPORTS
Committee on Conservation and Natural Resources Committee, Chairman Townley reporting:
Madam Speaker: Your Committee on Conservation and Natural Resources, to which was referred HB 1433, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Financial Services, Chairman Luetkemeyer reporting:
Madam Speaker: Your Committee on Financial Services, to which was referred HB 1285, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Tax Policy, Chairman Cooper (120) reporting:
Madam Speaker: Your Committee on Tax Policy, to which was referred HB 1267, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
RECESS
On motion of Representative Bearden, the House stood at recess until the House Substitutes for HCS HB 1195 and HB 1409 were distributed.
The hour of recess having expired, the House was called to order by Speaker Hanaway.
ADJOURNMENT
On motion of Speaker Hanaway, the House adjourned until 10:00 a.m., Wednesday, April 14, 2004.
COMMITTEE MEETINGS
BUDGET
Thursday, April 15, 2004, 8:00 a.m. Hearing Room 3.
Possible Executive session. Fiscal review on HCS SS SCS SB 1099.
Committee will hear other bills assigned or referred for fiscal review. AMENDED
Public hearing to be held on: HB 1118
CHILDREN AND FAMILIES
Wednesday, April 14, 2004, 8:00 a.m. Hearing Room 1. AMENDED
Public hearings to be held on: HB 1339, HB 1263, SJR 29
CONSERVATION AND NATURAL RESOURCES
Wednesday, April 14, 2004, 12:00 p.m. Hearing Room 5.
Executive session may follow.
Public hearing to be held on: HB 1695
EDUCATION
Wednesday, April 14, 2004, House Chamber side gallery upon morning adjournment.
Executive session. If a hearing room becomes available, this notice will be amended.
JOB CREATION AND ECONOMIC DEVELOPMENT
Wednesday, April 14, 2004, 12:00 p.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 1476, SCS SB 1155,
SCS SB 1141, SB 1249, SCS SB 1269, SB 1344
JOINT COMMITTEE ON OUT-OF-SCHOOL PROGRAMS
Monday, April 19, 2004, 9:30 a.m. Hearing Room 6.
Departments of Mental Health, Economic Development, and Public Safety.
Discussion of letter to White House Task Force.
JUDICIARY
Wednesday, April 14, 2004, Hearing Room 1 upon morning adjournment.
Executive session may follow on bills other than those listed.
Public hearings to be held on: SB 1243, SB 1211, SCS SB 1195, SB 1111, SB 884,
SB 883, SB 1064, SCS SB 921, SCS SB 1066, SCS SB 799, SCS SB 827, SCS SB 983
Executive session will be held on: HB 1205, HB 986, HB 1143, HB 1148, HB 1269, SB 1007
LOCAL GOVERNMENT
Thursday, April 15, 2004, 8:15 a.m. Hearing Room 6.
Executive session may follow. AMENDED
Public hearings to be held on: SS SCS SB 1081, SB 1296, SB 951,
SCS SB 987, SB 1302, SB 1055
RULES
Thursday, April 15, 2004, 8:30 a.m. Hearing Room 5.
Executive session may follow. Note SB 1108 is revision bill SRB 1108.
Public hearings to be held on: HR 1033, SB 1108, SCR 30
SMALL BUSINESS
Wednesday, April 14, 2004, Hearing Room 4 upon morning adjournment.
Executive session may follow.
Public hearing to be held on: SS SS SB 718
TOURISM AND CULTURAL AFFAIRS
Wednesday, April 14, 2004, House Lounge upon morning adjournment.
Executive session. Reconsideration on HCR 15.
TRANSPORTATION AND MOTOR VEHICLES
Wednesday, April 14, 2004, 12:00 p.m. Hearing Room 7.
Possible Executive session.
Public hearings to be held on: SCS SB 757, SCS SB 771, SB 772, SB 824,
SCS SB 845, SB 894, SB 899, SB 900, SCS SB 956, SCS SB 992, SB 1259, SB 870
HOUSE CALENDAR
FIFTY-FIRST DAY, WEDNESDAY, APRIL 14, 2004
HOUSE BILLS FOR SECOND READING
HB 1730 and HB 1731
HOUSE JOINT RESOLUTION FOR PERFECTION
HCS HJR 28 - Roark (139)
HOUSE BILLS FOR PERFECTION
1 HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)
2 HCS HB 1380 - Lager (4)
3 HCS HB 1150 - May (149)
4 HB 1092 - Deeken (114)
5 HCS HB 843, 880 & 1042 - Angst (146)
6 HCS HB 1099 - Reinhart (34)
7 HB 1424 - Stefanick (93)
8 HB 773 - Icet (84)
9 HB 1302 - Lager (4)
10 HCS HB 1085 - Townley (112)
11 HCS HB 1195 - Behnen (2)
12 HB 1337 - Nieves (98)
13 HB 1109 - Crawford (117)
14 HB 1160 - Parker (12)
15 HCS HB 1243, 1094 & 931 - Mayer (159)
16 HB 1409 - Dempsey (18)
17 HB 844 - Mayer (159)
18 HCS HB 1477 & 1563 - Schaaf (28)
19 HCS HB 1403 - Moore (20)
20 HCS HB 1286 & 1175 - Guest (5)
21 HCS HB 1267 - Cooper (120)
22 HCS HB 1285 - Engler (106)
23 HCS HB 1433 - Wood (62)
HOUSE JOINT RESOLUTION FOR THIRD READING
HS HCS HJR 39, 38, 42 & 47 - Engler (106)
HOUSE BILLS FOR THIRD READING
1 HCS HB 774 - Sander (22)
2 HCS HB 1617 - Hanaway (87)
3 HB 1664 - Hanaway (87)
4 HB 1665 - Hanaway (87)
HOUSE BILL FOR THIRD READING - FEDERAL MANDATE
HCS HB 1118, (Budget 4-01-04) - Schlottach (111)
HOUSE BILLS FOR THIRD READING - CONSENT
1 HCS HB 1524 - Ransdall (148)
2 HCS HB 1069 - Bivins (97)
SENATE BILLS FOR THIRD READING
1 HCS SB 1080 - Wallace (143)
2 HCS SCS SB 754 - Luetkemeyer (115)
3 HCS SS SCS SB 1099, (Budget 4-13-04) - Dempsey (18)
HOUSE BILL WITH SENATE AMENDMENTS
SS#2 SS SCS HS HCS HB 1304, as amended - Byrd (94)
BILLS IN CONFERENCE
1 HS HCS SS SCS SB 730, as amended - Portwood (92)
2 CCR#2 HCS SB 739, as amended - Myers (160)
VETOED HOUSE BILL
HCR 5 - Byrd (94)