Journal of the House

First Regular Session, 92nd General Assembly

SIXTY-THIRD DAY, Thursday, May 1, 2003

         Speaker Hanaway in the Chair.

         Prayer by Father David Buescher.

          The Hebrew Scriptures, in Psalm 34, sing:

          The Lord is close to the brokenhearted; and those who are crushed in spirit He saves. Many are the troubles of the just person, but out of them all the Lord delivers them.

          Mighty God, our representatives try to be those just persons who have all, the well and the rich, the brokenhearted and the crushed in mind as they discern ways to distribute the meager resources of our state. Give them wisdom.

          Help them examine their consciences, remember the pure motives which brought them here in the first place, note Your presence, and then act from that dynamism. As the sun sets this evening, bless them with the inner peace that comes from a day well spent in service to You, to their constituencies, and to all across Missouri. 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: Alayna N. Brown, Caleb P. Brown, Lane Holden, Scott Mayfield, David Weaver, Emily Knobbe and Brittany Fellows.

         The Journal of the sixty-second day was approved as corrected by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 2402 - Representative Wood

House Resolution No. 2403

                     and

House Resolution No. 2404 - Representatives Rector and Davis (122)

         House Resolution No. 2405 - Representative Ward

         House Resolution No. 2406 - Representative Engler

         House Resolution No. 2407 - Representative Johnson (61)

         House Resolution No. 2408 - Representative Lager

         House Resolution No. 2409 - Representative Self

         House Resolution No. 2410 - Representative Wasson

         House Resolution No. 2411 - Representatives Thompson and Parker

House Resolution No. 2412

                     and

House Resolution No. 2413 - Representative Brown

House Resolution No. 2414 - Representative Schlottach

House Resolution No. 2415 - Representative Byrd

House Resolution No. 2416

                     and

House Resolution No. 2417 - Representative Dethrow

House Resolution No. 2418

                     through

House Resolution No. 2425 - Representative Crowell

COMMITTEE REPORTS

         Committee on Budget, Chairman Bearden reporting:

         Madam Speaker: Your Committee on Budget, to which was referred HCS HB 455 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

         Madam Speaker: Your Committee on Budget, to which was referred HCS SS SCS SB 36 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

SIGNING OF SENATE BILLS

         All other business of the House was suspended while SCS#2 SB 224, SCS SB 238, SB 250, SCS SB 269 and SB 456 were read at length and, there being no objection, were signed by the Speaker to the end that the same may become law.

PERFECTION OF HOUSE BILL

         HCS HB 640, relating to Emancipation Day, was taken up by Representative Walton.

         Representative Walton offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 640, Page 1, Section 9.161, Line 1, by inserting after 9.161. “l.”; and

          Further amend the bill, Section 9.161, Page 2, Line 21, by adding after said line the following:

          “2. There is hereby established the “Missouri Juneteenth Heritage and Jazz Festival and Memorial”. Any funds appropriated by the general assembly for this event shall be used to establish a state-wide festival and monument to commemorate the struggles and hardships endured by those who had been enslaved.”

         On motion of Representative Walton, House Amendment No. 1 was adopted.

         On motion of Representative Walton, HCS HB 640, as amended, was adopted.

         On motion of Representative Walton, HCS HB 640, as amended, was ordered perfected and printed.

         Representative Cooper (120) assumed the Chair.

THIRD READING OF HOUSE BILLS - APPROPRIATIONS

         HCS HB 16, relating to appropriations, was taken up by Representative Bearden.

         On motion of Representative Bearden, HCS HB 16 was read the third time and passed by the following vote:

         Representative Cooper (120) declared the bill passed.

         HCS HB 17, relating to appropriations, was taken up by Representative Bearden.

         On motion of Representative Bearden, HCS HB 17 was read the third time and passed by the following vote:

         Representative Cooper (120) declared the bill passed.

         HCS HB 18, relating to appropriations, was taken up by Representative Bearden.

         On motion of Representative Bearden, HCS HB 18 was read the third time and passed by the following vote:

         Representative Cooper (120) declared the bill passed.

         HCS HB 19, relating to appropriations, was taken up by Representative Bearden.

         On motion of Representative Bearden, HCS HB 19 was read the third time and passed by the following vote:

         Representative Cooper (120) declared the bill passed.

         HCS HB 20, relating to appropriations, was taken up by Representative Bearden.

         On motion of Representative Bearden, HCS HB 20 was read the third time and passed by the following vote:

         Representative Cooper (120) declared the bill passed.

PERFECTION OF HOUSE BILL - FEDERAL MANDATE

         HB 655, relating to special education services, was taken up by Representative Wilson (130).

         Representative Wilson (130) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 655, Page 2, Section 162.962, Line 18, by deleting all of said line and inserting in lieu thereof the following:

          “petition in a state or federal court of competent jurisdiction. Appeals to state court shall be filed within forty-five days after the receipt”; and

          Further amend said bill, Page 2, Section 162.962, Line 20, by deleting the word “chapter,” and inserting in lieu thereof the following:

          “chapter or Part 300 of Title 34 of the Code of Federal Regulations,”; and

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

         On motion of Representative Wilson (130), House Amendment No. 1 was adopted.

         HB 655, as amended, was laid over.

         Speaker Hanaway resumed the Chair.

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 passed HS HCS HB 156, entitled:

         An act to repeal section 188.039, RSMo, and to enact in lieu thereof two new sections relating to a twenty-four hour waiting period for certain medical procedures, with an effective date for a certain section.

         With Senate Amendment No. 5

Senate Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 156, Page 2, Section 188.039, Line 39, by inserting after “conference,” the following: “and if the woman chooses to proceed with the abortion,”.

         In which the concurrence of the House is respectfully requested.

HOUSE BILL WITH SENATE AMENDMENT

         HS HCS HB 156, with Senate Amendment No. 5, relating to informed consent for abortion, was taken up by Representative Phillips.

         Representative Phillips moved that the House concur in Senate Amendment No. 5 to HS HCS HB 156.

         Representative Johnson (90) made a substitute motion that the House refuse to concur in Senate Amendment No. 5 to HS HCS HB 156 and request the Senate recede from its position or, failing to do so, grant the House a conference.

         Which motion was defeated.

         HS HCS HB 156, with Senate Amendment No. 5, pending, was laid over.

NATIONAL DAY OF PRAYER OBSERVANCE

         The House of Representatives wishes to pause with the rest of the country as part of the National Day of Prayer.

         Prayers given by Pastor Douglas Crader.

Prayer for the Nation

Written by Dr. Luis Palau

          Our Father and our God, we thank You for the many blessings You have poured out on America and we praise You for Your mercy.

          You have said: "Righteousness exalts a nation, but sin is a disgrace to any people." We confess, O Lord, our national and personal sins. We repent and ask forgiveness for all actions that dishonor You.

          O God, bless our President and other leaders. Provide them with wisdom and move them to honor You.

          Deliver this great nation from all our enemies as we recommit ourselves to trust, serve and obey Your commands.

          We pray in the name of our Lord and Savior, Jesus Christ, Amen.

____________________

          Heavenly Father,

          We thank You for this great nation that You have given us and for the grace to serve You in it.

          We humbly ask for continued direction and leadership as we face the challenges that lay before us.

          As Your Word says, we should "pray for all men, for kings and those in authority that we may lead a quiet and peaceable life in Godliness and honesty."

          Father, we pray for all our leaders because of the great burdens and responsibilities on them as they serve us, the people.

           We ask for healing of division in our state and national governments and the nation as a whole; because Your Word says "a house divided against itself cannot stand." We understand that our differences in life, education, backgrounds and understanding can be a problem; but we thank You that these differences can be the sources of diverse ideas that bring answers.

          We call out for Your wisdom and guidance as these men and women deal with these things. You have helped and guided us through many storms throughout our history as a nation and as a state and we know You will continue as we yield ourselves to Your counsel.

          Father, I speak blessing on the men and women in this Chamber for as Your Word says they are "ministers for our good". I pray that You take care of them and their families and provide everything they need. I also take authority over any forces of darkness that would be set against them, their families and their offices.

          Inscribed upon the very walls of this building are the word "righteousness exalts a nation". I pray for the courage and strength for every man, woman and child to walk in righteousness and honesty before You that we may continue to walk as a nation blessed by You and be a beacon to the world.

          In Jesus mighty name we pray, Amen.

HOUSE BILLS WITH SENATE AMENDMENTS

         HS HCS HB 156, with Senate Amendment No. 5, pending, was again taken up by Representative Phillips.

         Representative Dempsey assumed the Chair.

         On motion of Representative Phillips, the House concurred in Senate Amendment No. 5 by the following vote:

         On motion of Representative Phillips, HS HCS HB 156, as amended, was truly agreed to and finally passed by the following vote:

         Representative Dempsey declared the bill passed.

         SS SCS HCS HB 390, relating to anesthesiologist assistants, was taken up by Representative Behnen.

         On motion of Representative Behnen, SS SCS HCS HB 390 was adopted by the following vote:

         On motion of Representative Behnen, SS SCS HCS HB 390 was truly agreed to and finally passed by the following vote: