Journal of the Senate

FIRST REGULAR SESSION

NINETEENTH DAY—TUESDAY, FEBRUARY 8, 2005

       The Senate met pursuant to adjournment.

       President Kinder in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “For darkness shall cover the earth, and thick darkness the peoples; but the Lord will arise upon you, and his glory will appear over you.” (Isaiah 60:2)

          Gracious God, we awakened again to a dark and dreary day and we know our need of Your light and its drawing power so we may see the beauty of the day You bring to us even while darkness covers our land. Let Your light lead us along a right pathway so we may serve You as we do our best for all the people of this state and let our actions bring a light of help to those who need it the most. 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.

       Senator Bartle assumed the Chair.

       The Journal of the previous day was read and approved.

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

RESOLUTIONS

       Senator Stouffer offered Senate Resolution No. 229, regarding the Reverend Stanley B. East, Jr., La Plata, which was adopted.

       Senator Stouffer offered Senate Resolution No. 230, regarding the death of Mark Cook, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 231, regarding the birth of Bobby Ray Stapleton, Jr., Columbia, which was adopted.

       Senator Cauthorn offered Senate Resolution No. 232, regarding Kingdom Telephone Company, Auxvasse, which was adopted.

       Senator Shields offered Senate Resolution No. 233, regarding Lora Mae Steward, Jefferson City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 234, regarding the Ninetieth Birthday of Josephine Blanton, Keytesville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 235, regarding the birth of Rachel Kathleen Ancell, Macon, which was adopted.

INTRODUCTION OF BILLS

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

       SB 318–By Crowell.

       An Act to repeal sections 36.031, 361.170, and 370.107, RSMo, and to enact in lieu thereof three new sections relating to compensation for financial institution regulators.

       SB 319–By Koster.

       An Act to repeal sections 288.045, 288.060, 288.110, 288.121, 288.122, and 288.128, RSMo, and to enact in lieu thereof six new sections relating to employees.

       SB 320–By Koster.

       An Act to repeal sections 429.010 and 429.080, RSMo, and to enact in lieu thereof two new sections relating to mechanic liens.

       SB 321–By Shields.

       An Act to amend chapter 208, RSMo, by adding thereto three new sections relating to the dental carve-out act of 2005.

       SB 322–By Bartle.

       An Act to repeal section 311.310, RSMo, and to enact in lieu thereof one new section relating to social hosts, with penalty provisions.

       SB 323–By Bartle.

       An Act to amend chapter 196, RSMo, by adding thereto one new section relating to umbilical cord blood banks.

       SB 324–By Scott.

       An Act to repeal section 166.435, RSMo, and to enact in lieu thereof one new section relating to a tax deduction for contributions to educational savings programs.

       SB 325–By Bray, Champion and Days.

       An Act to amend chapter 565, RSMo, by adding thereto three new sections relating to domestic assault offenses, with penalty provisions.

SENATE BILLS FOR PERFECTION

       At the request of Senator Loudon, SB 1 and SB 130, with SCS, were placed on the Informal Calendar.

       Senator Cauthorn moved that SB 10 and SB 27, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SBs 10 and 27, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 10 and 27

       An Act to repeal sections 195.017 and 195.417, RSMo, and to enact in lieu thereof two new sections relating to the sale of products containing pseudoephedrine and ephedrine, with penalty provisions and an emergency clause.

       Was taken up.

       Senator Cauthorn moved that SCS for SBs 10 and 27 be adopted.

       Senator Cauthorn offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Committee Substitute for Senate Bills Nos. 10 and 27, Page 16, Section 195.017, Line 508, by striking the opening bracket “[” on said line; and further amend line 510, by striking the closing bracket “]” on said line; and further amend said section by renumbering the remaining subdivisions accordingly.

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

       Senator Gross assumed the Chair.

       Senator Clemens assumed the Chair.

       Senator Graham offered SA 2, which was read:

SENATE AMENDMENT NO. 2

       Amend Senate Committee Substitute for Senate Bills Nos. 10 and 27, Page 20, Section 195.417, Line 78, by inserting after said line the following:

       “8. The provisions of this section shall not apply to any compounds, mixtures, or preparations that are in liquid or liquid-filled gel capsule form.”.

       Senator Graham moved that the above amendment be adopted.

       Senator Cauthorn offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

       Amend Senate Committee Substitute for Senate Bills Nos. 10 and 27, Page 20, Section 195.417, Line 78, by inserting after said line the following:

       “8. The provisions of subsection 1 of this section limiting individuals from purchasing the specified amount in any thirty day period shall not apply to any compounds, mixtures, or preparations that are in liquid or liquid-filled gel capsule form. However, any person shall not purchase, receive, or otherwise acquire more than the specified amount of a compound, mixture, or preparation in liquid or liquid-filled gel capsule form in a single purchase as provided in subsection 1 of this section.”.

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

       Senator Cauthorn moved that SCS for SBs 10 and 27, as amended, be adopted, which motion prevailed.

       On motion of Senator Cauthorn, SCS for SBs 10 and 27, as amended, was declared perfected and ordered printed.

RESOLUTIONS

       Senator Stouffer offered Senate Resolution No. 236, regarding the Ninetieth Birthday of Harold Dooley, Norborne, which was adopted.

       Senator Coleman offered Senate Resolution No. 237, regarding Sigma-Aldrich Corporation, Saint Louis, which was adopted.

       Senator Coleman offered Senate Resolution No. 238, regarding BRK Electrical Contractors, LLC, St. Louis, which was adopted.

       Senator Coleman offered Senate Resolution No. 239, regarding Luminomics - Shining Light on Regeneration, St. Louis, which was adopted.

COMMUNICATIONS

       President Pro Tem Gibbons submitted the following:

February 8, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment of Joint Committee on Missouri Arts Council Trust Fund Board of Trustees

Dear Terry:

Pursuant to Section 185.100 of the Revised Statutes of Missouri (RSMo 2002), I am reappointing the following senator to the Joint Committee on Missouri Arts Council Trust Fund Board of Trustees:

          Senator Maida Coleman

If you have any questions, please feel free to contact me at your earliest convenience.

                                                        Yours truly,

                                                        /s/ Michael R. Gibbons

                                                        MICHAEL R. GIBBONS

                                                        President Pro Tem

       Also,

February 8, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment of Education Commission of the State

Dear Terry:

Pursuant to Section 173.300 of the Revised Statutes of Missouri (RSMo 2002), I am appointing the following senator to the Education Commission of the State:

          Senator Charles Shields

If you have any questions, please feel free to contact me at your earliest convenience.

                                                        Yours truly,

                                                        /s/ Michael R. Gibbons

                                                        MICHAEL R. GIBBONS

                                                        President Pro Tem

       Also,

February 8, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Highway Employees’ and Highway Patrol Retirement System Board of Trustees

Dear Terry:

Pursuant to Section 104.160 of the Revised Statutes of Missouri (RSMo 2002), I am appointing the following senator to the Highway Employees’ and Highway Patrol Retirement System Board of Trustees:

          Senator John Griesheimer

If you have any questions, please feel free to contact me at your earliest convenience.

                                                        Yours truly,

                                                        /s/ Michael R. Gibbons

                                                        MICHAEL R. GIBBONS

                                                        President Pro Tem

       Also,

February 8, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Public Employees Deferred Compensation Commission

Dear Terry:

Pursuant to Section 105.910 of the Revised Statutes of Missouri (RSMo 2002), I am reappointing the following senator to the Public Employees Deferred Compensation Commission:

          Senator Michael R. Gibbons

If you have any questions, please feel free to contact me at your earliest convenience.

                                                        Yours truly,

                                                        /s/ Michael R. Gibbons

                                                        MICHAEL R. GIBBONS

                                                        President Pro Tem

       Also,

February 8, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Second State Capitol Commission

Dear Terry:

Pursuant to Section 8.003 of the Revised Statutes of Missouri (RSMo 2002), I am appointing the following senator to the Second State Capitol Commission:

          Senator Yvonne Wilson

If you have any questions, please feel free to contact me at your earliest convenience.

                                                        Yours truly,

                                                        /s/ Michael R. Gibbons

                                                        MICHAEL R. GIBBONS

                                                        President Pro Tem

       Also,

February 8, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Joint Committee on Tax Policy

Dear Terry:

Pursuant to Section 21.810.1 of the Revised Statutes of Missouri (RSMo 2002), I am reappointing the following senator to the Joint Committee on Tax Policy:

          Senator Michael R. Gibbons

I am also appointing Senator Victor Callahan to the Joint Committee on Tax Policy.

If you have any questions, please feel free to contact me at your earliest convenience.

                                                        Yours truly,

                                                        /s/ Michael R. Gibbons

                                                        MICHAEL R. GIBBONS

                                                        President Pro Tem

INTRODUCTIONS OF GUESTS

       Senator Champion introduced to the Senate, Professor Lois Shufeldt and Professor Paula Kemp, Southwest Missouri State University, Springfield.

       On behalf of Senator Bartle, the President introduced to the Senate, Trey Windham, Overland Park, Kansas.

       On behalf of Senator Coleman and herself, Senator Wilson introduced to the Senate, students from Lincoln University, Daniel Britts, Albert Grieve and Matt Willis, Jefferson City; Jeremy Bradley, Eldon; Marie Isler, Lake Ozark; Seleana Smith, St. Thomas, Virgin Islands; Latesha Stanley, Columbia; and Cliff Thornburg, Huntsville.

       Senator Days introduced to the Senate, Dr. Carolyn Mahoney, President of Lincoln University, Jefferson City.

       Senator Days introduced to the Senate, members of Alpha Kappa Alpha Sorority, Inc. from around the state.

       Senator Cauthorn introduced to the Senate, Keith Stuart, Center; and Keith was made an honorary page.

       Senator Purgason introduced to the Senate, Bruce Mitchell and the 10^th Leadership Camden County Class.

       Senator Mayer introduced to the Senate, Ed Dust, Sikeston; Steve McPheters, New Madrid

County; and Janet Coleman, Dexter.

       Senator Clemens introduced to the Senate, Dolen Hopkins, Marshfield.

       Senator Scott introduced to the Senate, Kelly and Rodney Jensen and their children, Josiah Lydia, Nathaniel, Phillip, Quincey, Kaila, Marissa, Bryce and Emily, Buffalo; and Kaila, Marissa, Bryce and Emily were made honorary pages.

       Senator Clemens introduced to the Senate, Jim Clark, Lebanon.

       Senator Scott introduced to the Senate, Recorder Carole Poindexter, Polk County; Recorder Stacy Satterfield, Dallas County; Recorder Carole Wilkerson, Cedar County; and Recorder Stacy Atkinson, Webster County.

       Senator Koster introduced to the Senate, the Physician of the Day, Dr. Curtis W. Long, M.D., Butler.

       Senator Loudon introduced to the Senate, Erik Shelquist and Paul Owens, Maplewood.

       On motion of Senator Shields, the Senate adjourned under the rules.

SENATE CALENDAR

______

TWENTIETH DAY–WEDNESDAY, FEBRUARY 9, 2005

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

SB 291-Mayer, et al

SB 292-Bray, et al

SB 293-Bray, et al

SB 294-Bray

SB 295-Dolan

SB 296-Coleman

SB 297-Coleman

SB 298-Coleman

SB 299-Coleman

SB 300-Coleman

SB 301-Coleman, et al

SB 302-Coleman

SB 303-Dougherty, et al

SB 304-Ridgeway and Shields

SB 305-Engler

SB 306-Purgason

SB 307-Purgason

SB 308-Purgason

SB 309-Wilson

SB 310-Champion

SB 311-Dolan

SB 312-Dolan

SB 313-Dolan

SB 314-Dolan

SB 315-Dolan

SB 316-Dolan

SB 317-Mayer, et al

SB 318-Crowell

SB 319-Koster

SB 320-Koster

SB 321-Shields

SB 322-Bartle

SB 323-Bartle

SB 324-Scott

SB 325-Bray, et al

SJR 14-Klindt

SJR 15-Coleman

SJR 16-Gross 

SENATE BILLS FOR PERFECTION

SBs 202, 33, 45, 183 & 217-Crowell,

   with SCS

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

SBs 1 & 130-Loudon, et al, with SCS

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