Journal of the Senate

FIRST REGULAR SESSION

SECOND DAY--THURSDAY, JANUARY 6, 2005

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

God of Light, the Christian world celebrates this day as the Epiphany of the Lord and we are mindful that You have made Your light known in our world and continue to reveal Yourself to Your people. Bless us now with such illumination that we may know You and others may see that light in us. Let us experience Your gentle directing us to do that which is right and according to Your will for each of us. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

The Journal of the previous day was read and approved.

The following Senators were present during the day's proceedings:

RESOLUTIONS

Senator Crowell offered Senate Resolution No. 14, regarding Al Stoverink, Cape Girardeau, which was adopted.

Senator Shields offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 15

BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to have placed in the Post Office of the Senate, or delivered each day to such other address as may be designated, Missouri newspapers for each Senator and each elected officer of the Senate, such papers to be designated by the Senator or officer, and the expenses of same to be paid out of the contingent fund of the Senate.

Senator Crowell offered Senate Resolution No. 16, regarding Anna Grace Hennemann, which was adopted.

Senator Gibbons moved that SR 13 be taken up for adoption, which motion prevailed.

Senator Gibbons offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Resolution No. 13, appearing on Page 36 of the Senate Journal for Wednesday, January 5, 2005, Column 1, Line 32 of said column, by striking the words "and statutory"; and further amend line 38 of said column, by striking the number "10" and inserting in lieu thereof the following: "9"; and

Further amend said resolution and page, column 2, line 1 of said column, by striking the number "5" and inserting in lieu thereof the following: "6"; and further amend line 20 of said column, by striking the words "and statutory".

Senator Gibbons moved that the above amendment be adopted, which motion prevailed.

On motion of Senator Gibbons, SA 13, as amended, was adopted by the following vote:

CONCURRENT RESOLUTIONS

Senator Gibbons moved that SCR 1 be taken up for adoption, which motion prevailed.

On motion of Senator Gibbons, SCR 1 was adopted by the following vote:

COMMITTEE APPOINTMENTS

President Pro Tem Gibbons appointed the following committee, pursuant to SCR 1: Senators Callahan, Cauthorn, Champion, Clemens, Coleman, Dolan, Gibbons, Graham, Griesheimer, Gross, Green, Klindt, Loudon, Scott, Shields, Vogel, Wheeler, and Wilson.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and ordered printed:

SB 156-By Shields.

An Act to repeal sections 68.020 and 68.025, RSMo, and to enact in lieu thereof two new sections relating to port authorities.

SB 157-By Crowell.

An Act to repeal section 50.535, RSMo, and to enact in lieu thereof one new section relating to the county sheriff's revolving fund.

COMMUNICATIONS

Senator Shields submitted the following:

January 6, 2005

Ms. Terry Spieler

Secretary of the Senate

State Capitol, Office 325

Jefferson City, MO 65101

Dear Ms. Spieler

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members present voted to unanimously approve the 93rd General Assembly's 15th Senate District Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

15th Senate District Caucus:

• Senator Michael R. Gibbons

• Representative Richard Byrd

• Representative Jim Avery

• Representative Margaret Donnelly

• Representative Kathlyn Fares

• Representative Jim Lembke

• Representative Scott Muschany

• Representative Charles Portwood

• Representative Neal St. Onge

• Representative Jodi Stefanick

• Representative Michael Vogt

Also,

January 6, 2005

Ms. Terry Spieler

Secretary of the Senate

State Capitol, Office 325

Jefferson City, MO 65101

Dear Ms. Spieler

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members present voted to unanimously approve the 93rd General Assembly's Senate Democratic Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

Senate Democratic Caucus:

Joan Bray

Victor Callahan

Maida Coleman

Rita Days

Patrick Dougherty

Chuck Graham

Timothy Green

Harry Kennedy

Stephen Stoll

Charles Wheeler

Yvonne Wilson

Also,

January 6, 2005

Ms. Terry Spieler

Secretary of the Senate

State Capitol, Office 325

Jefferson City, MO 65101

Dear Ms. Spieler

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members present voted to unanimously approve the 93rd General Assembly's St. Charles County Area Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

St. Charles County Area Caucus:

Senator Chuck Gross

Senator Jon Dolan

Representative Carl Bearden

Representative Tom Dempsey

Representative Sherman Parker

Representative Scott Rupp

Representative Joe Smith

Representative Vicki Schneider

Representative Cynthia Davis

Representative Kevin Threlkeld

Representative Sally Faith

Also,

January 6, 2005

Ms. Terry Spieler

Secretary of the Senate

State Capitol, Office 325

Jefferson City, MO 65101

Dear Ms. Spieler

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members present voted to unanimously approve the 93rd General Assembly's Senate Republican Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

Senate Republican Caucus:

Matt Bartle

John Cauthorn

Norma Champion

Dan Clemens

Jason Crowell

Jon Dolan

Kevin Engler

Michael Gibbons

John Griesheimer

Chuck Gross

David Klindt

Chris Koster

John Loudon

Robert Mayer

Gary Nodler

Chuck Purgason

Luann Ridgeway

Delbert L. Scott

Charles W. Shields

Sarah Steelman

Bill Stouffer

Larry Gene Taylor

Carl Vogel

COMMITTEE APPOINTMENTS

President Pro Tem Gibbons submitted the following committee appointments:

ADMINISTRATION

Gibbons, Chair

Shields, Vice-Chair

Klindt

Coleman

Dougherty

AGING, FAMILIES, MENTAL AND PUBLIC HEALTH

Champion, Chair

Bartle, Vice-Chair

Stouffer

Clemens

Dolan

Taylor

Dougherty

Kennedy

Wheeler

AGRICULTURE, CONSERVATION, PARKS AND

NATURAL RESOURCES

Clemens, Chair

Stouffer, Vice-Chair

Cauthorn

Klindt

Mayer

Purgason

Coleman

Wheeler

Graham

APPROPRIATIONS

Gross, Chair

Nodler, Vice-Chair

Champion

Mayer

Purgason

Ridgeway

Dougherty

Bray

Wilson

COMMERCE, ENERGY AND THE ENVIRONMENT

Klindt, Chair

Engler, Vice-Chair

Dolan

Griesheimer

Ridgeway

Bartle

Bray

Callahan

Green

ECONOMIC DEVELOPMENT, TOURISM AND LOCAL GOVERNMENT

Griesheimer, Chair

Taylor, Vice-Chair

Crowell

Engler

Koster

Vogel

Kennedy

Wheeler

Wilson

EDUCATION

Nodler, Chair

Champion, Vice-Chair

Engler

Loudon

Mayer

Shields

Days

Wilson

Graham

FINANCIAL, GOVERNMENTAL ORGANIZATIONS, AND ELECTIONS

Scott, Chair

Crowell, Vice-Chair

Dolan

Engler

Koster

Nodler

Kennedy

Coleman

Wilson

GOVERNMENTAL ACCOUNTABILITY AND FISCAL

OVERSIGHT

Cauthorn, Chair

Loudon, Vice-Chair

Nodler

Stouffer

Days

Green

GUBERNATORIAL APPOINTMENTS

Gibbons, Chair

Shields, Vice-Chair

Crowell

Gross

Loudon

Purgason

Coleman

Callahan

Graham

JUDICIARY AND CIVIL AND CRIMINAL

JURISPRUDENCE

Bartle, Chair

Mayer, Vice-Chair

Koster

Loudon

Crowell

Vogel

Callahan

Wheeler

Graham

PENSIONS, VETERANS' AFFAIRS AND GENERAL LAWS

Crowell, Chair

Purgason, Vice-Chair

Scott

Gibbons

Koster

Ridgeway

Dougherty

Kennedy

Graham

SMALL BUSINESS, INSURANCE AND INDUSTRIAL

RELATIONS

Loudon, Chair

Vogel, Vice-Chair

Cauthorn

Klindt

Clemens

Scott

Days

Callahan

Green

TRANSPORTATION

Dolan, Chair

Griesheimer, Vice-Chair

Stouffer

Taylor

Bartle

Scott

Days

Bray

Callahan

WAYS AND MEANS

Vogel, Chair

Koster, Vice-Chair

Cauthorn

Griesheimer

Champion

Taylor

Coleman

Bray

Callahan

COMMUNICATIONS

Senator Stoll submitted the following:

January 6, 2005

The Honorable Joe Maxwell

Lieutenant Governor

State of Missouri

State Capitol, Room 121

Jefferson City, MO 65101

Dear Lieutenant Governor Maxwell:

I hereby resign my office as State Senator, District 22, effective January 6, 2005 at 12:00 noon.

Sincerely,

/s/ Stephen M. Stoll

Stephen M. Stoll

State Senator, 22nd District

RESOLUTIONS

Senator Gibbons offered Senate Resolution No. 17, regarding Ronald Timothy Kramer, Kirkwood, which was adopted.

Senator Gibbons offered Senate Resolution No. 18, regarding David Daniel Kramer, Kirkwood, which was adopted.

Senator Klindt offered Senate Resolution No. 19, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Orville Palmer, Trenton, which was

adopted.

Senator Klindt offered Senate Resolution No. 20, regarding Dr. William Chadwick McCoy, Chillicothe, which was adopted.

Senator Shields offered Senate Resolution No. 21, regarding the National Multiple Sclerosis Society, which was adopted.

On motion of Senator Shields, the Senate adjourned until 10:30 a.m., Monday, January 10, 2005.

SENATE CALENDAR

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THIRD DAY-MONDAY, JANUARY 10, 2005

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

Resolutions