Journal of the House

Second Regular Session, 92nd General Assembly

FIFTY-THIRD DAY, Monday, April 19, 2004

The House met pursuant to adjournment.

         Representative Schlottach in the Chair.

         Prayer by Reverend James Earl Jackson.

          Heavenly Father, we are instructed this afternoon by Your Word, which says, "A man's pride will bring him low, but the humble in spirit will retain honor." Therefore, in response to Your Word, we humble ourselves under Your mighty hand, that at the proper time You may exalt us. We cast the whole of today's cares, worries, and anxieties upon You; forever thankful that You care for us.

          We count on Your gifts of love, grace and mercy, and a sense of significance in life to draw us towards fulfillment of purpose. May we make each moment count. Help us to leap the hurdles of today's race that we may finish our course.

          To You be the glory, both now and forever.

          In the name of Your Son we pray. Amen.

         The Pledge of Allegiance to the flag was recited.

         The Journal of the fifty-second day was approved as corrected.

 HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 1783 - Representative Cunningham (86)

         House Resolution No. 1784 - Representative Moore

         House Resolution No. 1785 - Representative Black

         House Resolution No. 1786 - Representative Muckler

House Resolution No. 1787 - Representative Townley

House Resolution No. 1788 - Representatives Holand and Crawford

House Resolution No. 1789 - Representative Munzlinger

House Resolution No. 1790

                     through

House Resolution No. 1794 - Representative Crowell

         House Resolution No. 1795

                     through

House Resolution No. 1797 - Representative Deeken

House Resolution No. 1798 - Representative King

House Resolution No. 1799 - Representative Myers, et al

House Resolution No. 1800 - Representative Mayer

House Resolution No. 1801 - Representative Sager

House Resolution No. 1802 - Representative Lipke

House Resolution No. 1803 - Representative Dethrow

House Resolution No. 1804

                     and

House Resolution No. 1805 - Representative Haywood

House Resolution No. 1806 - Representative May

House Resolution No. 1807

                     through

House Resolution No. 1820 - Representative Sander

INTRODUCTION OF HOUSE BILLS

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

HB 1741, introduced by Representatives Donnelly and Fares, relating to the centralized emergency dispatching system.

HB 1742, introduced by Representative Fraser, relating to the official state slogan.

SECOND READING OF HOUSE BILLS

         HB 1739 and HB 1740 were read the second time.

MESSAGE 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 the Conference Committee Report on HS HCS SS SCS SB 730, as amended, and has taken up and passed CCS HS HCS SS SCS SB 730.

BILLS IN CONFERENCE

         CCR HS HCS SS SCS SB 730, as amended, relating to the Homestead Preservation Act, was taken up by Representative Lembke.

         On motion of Representative Lembke, CCR HS HCS SS SCS SB 730, as amended, was adopted by the following vote:

         On motion of Representative Lembke, CCS HS HCS SS SCS SB 730 was truly agreed to and finally passed by the following vote:

         Representative Schlottach declared the bill passed.

         CCR SS#2 SS SCS HS HCS HB 1304, as amended, relating to tort reform, was taken up by Representative Byrd.

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         Speaker Hanaway assumed the Chair.

         On motion of Representative Byrd, CCR SS#2 SS SCS HS HCS HB 1304, as amended, was adopted by the following vote:

         On motion of Representative Byrd, CCS SS#2 SS SCS HS HCS HB 1304 was read the third time and passed by the following vote:

         Speaker Hanaway declared the bill passed.

REFERRAL OF SENATE BILL

         The following Senate Bill was referred to the Committee indicated:

HCS SCS SBs 1020, 889 & 869 - Budget (Fiscal Note)

COMMITTEE REPORT

         Committee on Budget, Chairman Bearden reporting:

         Madam Speaker: Your Committee on Budget, to which was referred HS HB 1409 (Fiscal Note), begs leave to report it has examined the same and recommends that it 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 passed SB 807, entitled:

         An act to amend chapter 537, RSMo, by adding thereto one new section relating to civil actions.

         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 1171, entitled:

         An act to repeal section 21.800, RSMo, and to enact in lieu thereof twelve new sections relating to homeland security, with an emergency clause.

         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 SS SCS SB 1183, entitled:

         An act to repeal sections 64.825 and 89.410, RSMo, and to enact in lieu thereof two new sections relating to regulations governing the subdivision of land.

         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 1394, entitled:

         An act to repeal sections 32.087, 143.241, 143.782, 144.083, and 144.157, RSMo, and to enact in lieu thereof five new sections relating to tax collection.

         In which the concurrence of the House is respectfully requested.

MESSAGE FROM THE GOVERNOR

EXECUTIVE OFFICE

April 16, 2004

TO THE CHIEF CLERK OF THE

HOUSE OF REPRESENTATIVES

SECOND REGULAR SESSION

92ND GENERAL ASSEMBLY

STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1014 entitled:

"AN ACT"

To appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2004.

On April 16, 2004, I approved said Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1014.

                                                                                        Respectfully submitted,

                                                                                  /s/ Bob Holden

                                                                                        Governor

         The following member's presence was noted: Ward.

ADJOURNMENT

         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Tuesday, April 20, 2004.

CORRECTIONS TO THE HOUSE JOURNAL

AFFIDAVITS

I, State Representative John Burnett, District 40, hereby state and affirm that my vote as recorded on Page 1113 of the House Journal for Thursday, April 15, 2004 showing that I voted absent with leave 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 19th day of April 2004.

                                                                                  /s/ John Burnett

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )

Subscribed and sworn to before me this 19th day of April in the year 2004.

                                                                                  /s/ Stephen S. Davis

                                                                                       Chief Clerk

___________

I, State Representative Tom Dempsey, District 18, hereby state and affirm that my vote as recorded on Page 1113 of the House Journal for Thursday, April 15, 2004 showing that I voted absent with leave 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 19th day of April 2004.

                                                                                  /s/ Tom Dempsey

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )

Subscribed and sworn to before me this 19th day of April in the year 2004.

                                                                                  /s/ Stephen S. Davis

                                                                                       Chief Clerk

___________

I, State Representative Chuck Graham, District 24, hereby state and affirm that my vote as recorded on Page 1110 of the House Journal for Thursday, April 15, 2004 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted no. 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 19th day of April 2004.

                                                                                  /s/ Chuck Graham

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )

Subscribed and sworn to before me this 19th day of April in the year 2004.

                                                                                  /s/ Stephen S. Davis

                                                                                       Chief Clerk

___________

I, State Representative Fred Kratky, District 65, hereby state and affirm that my vote as recorded on Page 1110 of the House Journal for Thursday, April 15, 2004 showing that I voted absent with leave 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 19th day of April 2004.

                                                                                  /s/ Fred Kratky

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )

Subscribed and sworn to before me this 19th day of April in the year 2004.

                                                                                  /s/ Stephen S. Davis

                                                                                       Chief Clerk

___________

I, State Representative Vicki Schneider, District 17, hereby state and affirm that my vote as recorded on Page 1112 of the House Journal for Thursday, April 15, 2004 showing that I voted absent with leave 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 19th day of April 2004.

                                                                                  /s/ Vicki Schneider

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )

Subscribed and sworn to before me this 19th day of April in the year 2004.

                                                                                  /s/ Stephen S. Davis

                                                                                       Chief Clerk

___________

I, State Representative Chris Shoemaker, District 8, hereby state and affirm that my vote as recorded on Page 1112 of the House Journal for Thursday, April 15, 2004 showing that I voted absent with leave 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 19th day of April 2004.

                                                                                  /s/ Chris Shoemaker

                                                                                       State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )

Subscribed and sworn to before me this 19th day of April in the year 2004.

                                                                                  /s/ Stephen S. Davis

                                                                                       Chief Clerk

COMMITTEE MEETINGS

ADMINISTRATION AND ACCOUNTS

Thursday, April 22, 2004, 8:30 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: HR 1402

AGRICULTURE

Tuesday, April 20, 2004, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HCR 30, HB 1624

BUDGET

Tuesday, April 20, 2004, 8:00 a.m. Hearing Room 3.

Possible Executive session.

Committee will hear other bills assigned or referred for fiscal review. AMENDED

Public hearings to be held on: HB 1021, SB 1123

BUDGET

Wednesday, April 21, 2004, 8:00 a.m. Hearing Room 3.

Tax credit presentations and review pursuant to 33.282, RSMo.

Fiscal Review. Possible Executive session.

BUDGET

Wednesday, April 21, 2004, 8:00 p.m. Hearing Room 3.

Tax credit presentations and review pursuant to 33.282, RSMo.

Fiscal Review. Possible Executive session

CHILDREN AND FAMILIES

Tuesday, April 20, 2004, Hearing Room 1 upon evening adjournment.

Public hearing to be held on: HB 1551

Executive session may be held on: HB 1263, SJR 29, HB 799, HB 1339

COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, April 20, 2004, Hearing Room 3 upon morning adjournment.

Executive session.

CONSERVATION AND NATURAL RESOURCES

Wednesday, April 21, 2004, 12:00 p.m. Hearing Room 5.

Executive session may follow

Public hearings to be held on: HCR 25, HCR 26

CORRECTIONS AND STATE INSTITUTIONS

Tuesday, April 20, 2004, Hearing Room 7 upon evening adjournment.

Public hearings to be held on: SCS SB 1044, SB 1322

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, April 20, 2004, Hearing Room 3 upon afternoon adjournment.

Public hearings to be held on: HB 1470, SS SCS SCR 36, SCS SB 1265, SCS SB 1225

Executive session will be held on: SCS SB 788, SS SS SCS SB 715

ELECTIONS

Tuesday, April 20, 2004, Hearing Room 7 upon evening adjournment.

Executive session will precede the hearing.

Public hearings to be held on: HB 1549, HB 1574, HB 1685

Executive session will be held on: SCS SB 1197

FINANCIAL SERVICES

Tuesday, April 20, 2004, 12:00 p.m. Hearing Room 6.

Executive session may occur.

Public hearings to be held on: SCS SB 974, SCS SB 1078, SB 1086, SCS SB 1188, SCS SB 1215, SCS SB 1235, SB 1299, SB 1320

LOCAL GOVERNMENT

Tuesday, April 20, 2004, House Chamber side gallery upon morning adjournment.

Executive session will be held on: SS SCS SB 1081, SB 1296, SB 951, SCS SB 987, SB 1302,

SB 1055

LOCAL GOVERNMENT

Thursday, April 22, 2004, 8:15 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: SB 1391, SB 1329, SCS SB 758, SCR 23, SB 1114

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, April 20, 2004, 12:00 p.m. Hearing Room 4.

Public hearings to be held on: HB 1630, HB 1044, SCS SB 1181, SB 842

Executive session may be held on: SCS SBs 1027 & 896, SS SS SCS SB 1122, SCS SB 1218,

SB 1274

SMALL BUSINESS

Wednesday, April 21, 2004, Hearing Room 4 upon morning adjournment.

Executive session may follow.

Committee hearing will begin fifteen minutes after noon adjournment.

Public hearings to be held on: HB 1707, HB 1678

SPECIAL COMMITTEE ON GENERAL LAWS

Wednesday, April 21, 2004, Hearing Room 5 upon evening adjournment.

Possible Executive session.

Public hearings to be held on: HCR 35, SCS SB 1172, SCS SB 1220

TAX POLICY

Tuesday, April 20, 2004, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 1680, SB 1048, SB 1012, SCS SB 1336, SB 1395,

SS SCS SB 960

TOURISM AND CULTURAL AFFAIRS

Tuesday, April 20, 2004, Hearing Room 5 upon morning adjournment.

Executive session will follow.

Reconsider votes taken on HCR 15.

Public hearings to be held on: HR 1126, HCR 32, HCR 36

HOUSE CALENDAR

FIFTY-FOURTH DAY, TUESDAY, APRIL 20, 2004

HOUSE BILLS FOR SECOND READING

HB 1741 through HB 1742

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     HB 1337 - Nieves (98)

12     HB 1109 - Crawford (117)

13     HB 1160 - Parker (12)

14     HCS HB 1243, 1094 & 931 - Mayer (159)

15     HB 844 - Mayer (159)

16     HCS HB 1286 & 1175 - Guest (5)

17     HCS HB 1267 - Cooper (120)

18     HCS HB 1285 - Engler (106)

19     HCS HB 1433 - Wood (62)

20     HCS HB 1093 - Deeken (114)

21     HB 1408 - Mayer (159)

22     HCS HB 1509 - Portwood (92)

23     HB 1599 - Ervin (35)

24     HCS HB 1671 - Hanaway (87)

HOUSE JOINT RESOLUTION FOR THIRD READING

HS HCS HJR 39, 38, 42 & 47 - Engler (106)

HOUSE BILLS FOR THIRD READING

1       HS HB 1409 - Dempsey (18)

2       HS HCS HB 1477 & 1563, (Budget 4-15-04) - Schaaf (28)

HOUSE BILL FOR THIRD READING - FEDERAL MANDATE

HCS HB 1118 - Schlottach (111)

HOUSE BILLS FOR THIRD READING - CONSENT

1       HCS HB 1524 - Ransdall (148)

2       HCS HB 1069 - Bivins (97)

SENATE BILLS FOR SECOND READING

1       SB 807

2       SCS SB 1171

3       SS SCS SB 1183

4       SB 1394

SENATE BILLS FOR THIRD READING - CONSENT

 (4/15/04)

SCS SB 878 - Rector (124)

 (4/19/04)

SCS SB 1331 - 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 - Dempsey (18)

4       HCS SS SCS SBs 740, 886 & 1178 - Myers (160)

5       SB 932 - Wilson (130)

6       HCS SCS SBs 1020, 889 & 869, (Budget 4-19-04) - Goodman (132)

7       SCS SB 1040, HCA 1, E.C. - Townley (112)

8       SCS SB 1100 - Byrd (94)

9       SB 1123, (Budget 4-15-04), E.C. - Portwood (92)

10     HCS SCS SBs 1144, 919, & 874, E.C. - Schlottach (111)

11     HCS SCS SB 1160 - Johnson (47)

BILL IN CONFERENCE

CCR#2 HCS SB 739, as amended - Myers (160)

VETOED HOUSE BILL

HCR 5 - Byrd (94)