Journal of the House

First Regular Session, 93rd General Assembly

SEVENTY-FOURTH DAY, Thursday, May 12, 2005

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Father Donald W. Lammers.

“Yahweh is my strength, my shield,

my heart puts its trust in Him,

I have been helped, my flesh has bloomed again,

I thank Him with all my heart.”

(Psalm 28:7)

              Give us the strength, O Lord, to complete the work of these last days of the 2005 Session of this body.

              Many topics will come before us; some important issues must be decided.

              By Your grace may we discern what is best for those most in need, what sustains the common good, what is demanded by Your truth.

              We pray to You, who are our God, forever 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: John Buckley, Katie Best, Ukan Lei, Trevor West, Alisha Bergfalk, Emily Buerge, Derek Hensley, Destiny Lakin, Danielle Reeves, Ana Vogt, Amy Yoder, Anna Yoder and Blake Andersen.

            The Journal of the seventy-third day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 3261 - Representative Nance

            House Resolution No. 3262 - Representative Pollock

            House Resolution No. 3263

                        through

            House Resolution No. 3272 - Representative Kraus

            House Resolution No. 3273

                        and

            House Resolution No. 3274 - Representative Deeken

            House Resolution No. 3275 - Representative Nance

COMMITTEE REPORTS

            Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SS SCS SBs 37, 322, 78, 351 & 424 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SS SB 402 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 530.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS HCS#2 HB 568, as amended, and grants the House a conference thereon.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SS HCS#2 HB 568, as amended: Senators Nodler, Mayer, Bartle, Graham and Dougherty.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SS SB 95 and has taken up and passed HCS SS SB 95.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 177 and has taken up and passed CCS HCS SB 177.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 216 and has taken up and passed HCS SB 216.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SS#2 SCS SB 225, as amended, and has taken up and passed HCS SS#2 SCS SB 225, as amended.

            Emergency clause defeated.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 272 and has taken up and passed HCS SCS SB 272.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HA 1 to SB 280 and has taken up and passed SB 280, as amended by HA 1.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SS SCS SB 287, as amended, and has taken up and passed CCS HCS SS SCS SB 287.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 355, as amended, and has taken up and passed HCS SCS SB 355, as amended.

            Emergency clause adopted.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on SCS SB 390, as amended: Senators Taylor, Dolan, Stouffer, Callahan and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SBs 420 & 344, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCA 1 to SB 488 and has taken up and passed SB 488, as amended by HCA 1.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SCS SB 500, as amended: Senators Gibbons, Champion, Scott, Days and Callahan.

            Speaker Jetton assumed the Chair.

APPOINTMENT OF CONFERENCE COMMITTEE

            The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:

SCS SB 390: Representatives Pratt, Kraus, Wright (159), Whorton and Daus

            Speaker Pro Tem Bearden resumed the Chair.

THIRD READING OF SENATE BILLS - CONSENT

            HCS SCS SB 238, relating to local sales tax collection, was taken up by Representative Faith.

            On motion of Representative Faith, HCS SCS SB 238 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SB 401, relating to the police retirement system of St. Louis, was taken up by Representative Lembke.

            On motion of Representative Lembke, HCS SB 401 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SB 450, relating to conveyances in St. Louis City and County, was taken up by Representative Portwood.

            On motion of Representative Portwood, HCS SCS SB 450 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            The emergency clause was adopted by the following vote:

            HCS SB 422, relating to expungement petitions, was taken up by Representative Yates.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Yates, HCS SB 422 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SB 423, relating to a DNA profiling system, was taken up by Representative Lipke.

            On motion of Representative Lipke, HCS SCS SB 423 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SB 372, relating to bicycle safety, was taken up by Representative Kuessner.

            On motion of Representative Kuessner, HCS SCS SB 372 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            Speaker Jetton resumed the Chair.

THIRD READING OF SENATE BILL

            HCS SS SCS SB 2, relating to abortion regulations, was taken up by Representative Cunningham (86).

            Representative Sander offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 2, Page 1, Section A, Line 3, by inserting after said line the following:

              “33.900. 1. As used in this section, the following terms shall mean:

              (1) "Abortion services", include performing, inducing, or assisting with abortions as defined in section 188.015, RSMo, or encouraging patients to have abortions, or referring patients for abortions, not necessary to save the life of the mother, or development or dispensing of drugs, chemicals, or devices intended to be used to induce an abortion;

              (2) "Health and social services program", any activity, program, or the furnishing of services for the purpose of preventing, supporting, alleviating, ameliorating, treating, curing, or healing any human condition, illness, injury, or disability, or to safeguard the health of people and ensure the prevention of any type of disease, infection, or injury, the promotion of specific lifestyle, hygiene, and sanitary conditions, or to assist persons to provide for themselves and others and to assist those experiencing any social or physical condition or disadvantage, and including the furnishing of any sort of physical, health, medical, or dental assessment, care, counseling, education, or treatment, whether to individuals or groups of individuals; except that, health and social services programs shall not include a research project subject to the provisions of section 196.1127, RSMo;

              (3) "Independent affiliate", an entity that provides abortion services that is affiliated with an entity that does not provide abortion services, is separately incorporated from the entity that does not provide abortion services, does not receive or share a direct or indirect economic or marketing benefit from such affiliation with the entity that does not provide abortion services, and does not share any of the following with the entity that does not provide abortion services, regardless of whether reimbursement is made for any expenditures associated with sharing the following:

              (a) The same name or similar names;

              (b) Medical or nonmedical facilities, including but not limited to business offices, laboratories, treatment, consultation, examination, and waiting rooms;

              (c) Expenses;

              (d) Employee wages or salaries; or

              (e) Equipment or supplies, including but not limited to computers, telephone systems, telecommunications equipment, and office and medical supplies;

              (4) "Nondirective pregnancy counseling", counseling related to pregnancy that does not include abortion services, but may include providing patients with information regarding providers of health care and social service programs, or otherwise providing information required by federal law;

              (5) "Public funds", shall include:

              (a) Any funds received or controlled by the state of Missouri or any official, department, division, agency, or political subdivision thereof, including but not limited to funds derived from federal, state, or local taxes, gifts or grants from any source, settlements of any claims or causes of action, public or private, bond proceeds, federal grants or payments, or intergovernmental transfers;

              (b) Any funds received or controlled by any official, department, division, or agency of state government or political subdivision thereof, or granted or distributed to any other person or entity, pursuant to appropriation by the general assembly or the governing body of any political subdivision of this state.

              2. Public funds shall not be expended, paid, or granted to or on behalf of an existing or proposed health and social services program to directly or indirectly subsidize abortion services. To ensure that support is not lent in any manner to abortion services, and to ensure that an entity that provides abortion services does not receive a direct or indirect economic or marketing benefit from public funds expended in connection with any health and social services program:

              (1) Public funds shall not be expended, paid, or granted in connection with any health and social services program to an entity that provides abortion services;

              (2) An entity that does not provide abortion services may receive public funds in connection with any health and social services program if affiliated with an entity that provides abortion services, only if the affiliated entity that provides abortion services is an independent affiliate;

              (3) An entity that provides counseling to pregnant persons in connection with a health and social services program receiving public funds shall only provide nondirective pregnancy counseling unless otherwise required pursuant to subsection 3 of this section;

              (4) An entity that receives public funds in connection with any health and social services program shall not display or distribute marketing materials promoting abortion services;