“Great peace have those who love your law; nothing can make them stumble.” (Psalm 119:165)

O God, King of the Universe, You have given Your law to assist us to live abundantly and fully each day. Many of the laws we attempt to write flow from Your law in order to help protect life and harmony among our people. Your graciousness blesses us to meet the challenge this day brings to us; so help us to remain faithful to You and Your law. In Your Holy Name we pray. Amen.

	Present—Senators
Bartle	Bray	Callahan	Cauthorn
Champion	Clemens	Coleman	Crowell
Days	Dolan	Dougherty	Engler
Gibbons	Graham	Green	Griesheimer
Gross	Kennedy	Klindt	Koster
Loudon	Mayer	Nodler	Purgason
Ridgeway	Scott	Shields	Stouffer
Taylor	Vogel	Wheeler	Wilson—32
	Absent with leave—Senators—None
	Vacancies—2

	The Lieutenant Governor was present.

Senator Mayer offered Senate Resolution No. 321, regarding Sheldon Scott Price, Poplar Bluff, which was adopted.

Senator Clemens offered Senate Resolution No. 322, regarding the Ninetieth Birthday of Lloyd Thrasher, Anderson, which was adopted.

Senator Shields offered Senate Resolution No. 323, regarding Sean David Huntley, Platte City, which was adopted.

Senator Shields offered Senate Resolution No. 324, regarding Spencer Preston Harris, Platte City, which was adopted.

Senator Champion offered Senate Resolution No. 325, regarding Joseph William (Joey) Seagrave, Springfield, which was adopted.

Senator Vogel offered Senate Resolution No. 326, regarding George and Jan Syrigos, Meta, which was adopted.

Senator Taylor offered Senate Resolution No. 327, regarding Melissa Albright, Branson, which was adopted.

Senator Stouffer offered Senate Resolution No. 328, regarding the commissioners and citizens of Lafayette County, which was adopted.

Senator Stouffer offered Senate Resolution No. 329, regarding the Eightieth Birthday of Emma Hobbs, Odessa, which was adopted.

Senator Stouffer offered Senate Resolution No. 330, regarding Mr. and Mrs. James Jonathen Griggs, which was adopted.

Senator Stouffer offered Senate Resolution No. 331, regarding Gil Rector, which was adopted.

WHEREAS, the Administration Committee is required by law to establish the rates of pay each year, and

WHEREAS, such rates of pay are to be the same as those established under the policies of the Personnel Division of the Office of Administration for comparable duties after examination of the rates of pay then in effect, and

NOW, THEREFORE, BE IT RESOLVED by the Committee on Administration that the number, classification and rates of pay authorized for employees of the Senate shall include one department director and nine division level directors to be compensated according to Office of Administration guidelines; and the following authorized employees at rates of pay within the ranges hereby established.


NO.	CLASSIFICATION	MONTHLY SALARY RANGE
6	Staff Attorney II	3,151 - 4,654
2	Research Analyst IV	3,151 - 4,654
1	Investigator	2,923 - 4,281
4	Research Staff Secretary	2,437 - 3,463
4	Budget Research Analyst III	3,340 - 4,855
1	Budget Staff Secretary	2,437 - 3,463
1	Economist	3,340 - 4,855
4	Assistant Secretary of Senate	2,616 - 3,709
2.5	Enrolling & Engrossing Clerk	2,161 - 3,037
1	Billroom Supervisor	2,161 - 3,037
1	Billroom Clerk	1,856 - 2,472
2	Public Information Specialist I	2,161 - 3,037
3	Public Information Specialist II	2,437 - 3,473
1	Photographer	2,437 - 3,473
1	Administrative Assistant	1,600 - 5,823
1	Telecommunications Coordinator	2,715 - 3,863
2.5	Accounting Specialist	2,437 - 3,463
1	Human Resources Specialist	2,437 - 3,463
6.5	Administrative Secretary	2,616 - 3,709
3.5	Clerical Assistant	2,355 - 3,340
1	Messenger	1,713 - 2,265
1	Data Control Coordinator	2,437 - 3,463
3	Computer Info. Technology Spec. I	3,473 - 5,066
2	Computer Info. Technology Spec. II	4,025 - 5,762
3	Computer Info. Technologist II	2,816 - 4,025
1	Network/Communications Specialist	3,473 - 5,066
2	Data Entry Operator III	1,960 - 2,667
2	Composing Equipment Operator III	2,089 - 3,151
0.5	Mailroom Supervisor	2,161 - 3,037
1	Printing Services Technician I	1,661 - 2,155
3	Printing Services Technician II	1,856 - 2,472
3	Printing Services Technician III	2,023 - 2,765
1	Maintenance Supervisor	2,273 - 3,151
1	Carpenter II	2,161 - 3,037
1	Maintenance Worker	1,856 - 2,472
0.5	Sergeant at Arms (Elected)	2,337 - 3,373
0.5	Doorkeeper (Elected)	1,451 - 2,172
3.5	Assistant Doorkeeper	1,521 - 1,916
0.5	Reading Clerk	1,521 - 1,916
0.5	Chaplain	857 - 1,133
0.5	Security Guard	1,500 - 2,615

BE IT FURTHER RESOLVED that the Senate Administration Committee is authorized to establish a formula setting forth the maximum amount which may be expended by each Senator and each caucus for the employment of Administrative and Clerical Assistants. Each Senator plus the President Pro Tem and the Minority Leader on behalf of their caucus will be notified of the funds available, and shall thereafter certify to the Senate Administrator the names and addresses of Administrative and Clerical Assistants. The compensation paid to the Senators’ and caucus administrative and clerical assistants shall be within the limits of the categories set forth hereinabove.

BE IT FURTHER RESOLVED that the Senate Administrator, with the approval of the Senate Administration Committee, shall have the authority to cooperate and coordinate with the Chief Clerk of the House in the selection of employees, who shall be assigned to the garage, Joint Committee Staffs and the rotunda area, and who will be paid from the Joint House and Senate Contingent Fund, within the limits of the categories set out above.

BE IT FURTHER RESOLVED that the Committee on Administration has the authority to reduce, combine or consolidate positions and salaries where necessary to meet changed conditions or circumstances which arise, and may enter into contracts with consultants, provided such consultant’s contract fee does not exceed the salary for the comparable position, and such consultant shall count as an employee of the Senate.

BE IT FURTHER RESOLVED that the Senate Administration Committee is authorized to adjust the foregoing pay ranges in July to reflect implementation of the state pay plan for FY 2006.

WHEREAS, the Missouri Senate recognizes the importance of empowering citizens to actively participate in the democratic process; and

WHEREAS, the Senate has a long tradition of rendering assistance to those organizations which sponsor projects in the interest of good citizenship; and

WHEREAS, the Missouri Catholic Conference has as its purposes to promote the material and spiritual well being of all the people of the state of Missouri and to participate in the democratic process of government:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-third General Assembly, do hereby grant permission to the Missouri Catholic Conference to use the Senate Chamber and the Senate Hearing Rooms from 7:00 a.m to 7:00 p.m. on October 1, 2005 for the purpose of a citizenship assembly and workshop.

Senator Vogel requested unanimous consent of the Senate that the rules be suspended for the purpose of taking SR 333 up for adoption, which request was granted.

Senators Gross and Dolan offered Senate Resolution No. 334, regarding Emil Hitt, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 335, regarding the Community Council of St. Charles County, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 336, regarding the Hessler Foundation, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 337, regarding Kevin Kast, St. Charles, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 338, regarding Maggie Menefee, St. Charles, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 339, regarding the State Representative Scott Rupp, Wentzville, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 340, regarding the St. Charles County Suburban Journals, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 341, regarding the Reverend Richard Joseph Tillman, St. Charles, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 342, regarding Linda Roebuck, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 343, regarding the Gateway Chapter of Mothers Against Drunk Driving, which was adopted.

Senators Ridgeway, Gibbons, Shields, Loudon, Kennedy, Clemens, Coleman, Griesheimer, Taylor, Engler, Scott, Champion, Days, Stouffer, Dougherty, Wheeler and Gross offered the following concurrent resolution:

WHEREAS, obesity among the children of Missouri is at epidemic stages and can lead to poor health conditions and chronic diseases, such as heart disease, stroke, diabetes, and cancer; and

WHEREAS, Medicaid and other health care costs are escalating in Missouri and are significantly impacted by obesity; and

WHEREAS, schools shall make food and beverage choices available through school breakfast, lunch, and special events that provide alternatives to snacks and beverages that have a high sugar content; and

WHEREAS, good nutrition and adequate physical activity help children grow, develop, and do well in school; and

WHEREAS, school-based health education and physical education programs teach young people to acquire and use healthy eating habits and an active lifestyle; and

WHEREAS, healthy bodies and minds are major contributors to readiness to learn, to improved school attendance, and to improved performance in sports and other extracurricular activities; and

WHEREAS, fresh and wholesome foods produced in Missouri should be available and promoted actively in a healthy environment; and

WHEREAS, the General Assembly needs to identify long-term strategies to reduce the need for public assistance programs and to lower health care costs related to chronic diseases and poor health:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby supports implementation of school policies that ensure a healthy environment in our schools by increasing the physical education requirements for kindergarten through twelfth grade. This requirement would ensure daily physical education for kindergarten through eighth grade and increase the high school requirement to a minimum of two credits; and

BE IT FURTHER RESOLVED that the Missouri General Assembly encourages local school districts to offer nutritious food and beverage choices and provide opportunities for physical activity throughout the day with recess and after-school programs; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare a properly inscribed copy of this resolution for the Director of the Missouri Department of Elementary and Secondary Education and that the Director of the Department of Elementary and Secondary Education distribute a copy to every school district in Missouri.

An Act to repeal section 94.070, RSMo, and to enact in lieu thereof one new section relating to maximum levies for special purposes.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to residential treatment agency tax credits.

An Act to repeal section 208.631, RSMo, and to enact in lieu thereof one new section relating to children’s health insurance program.

An Act to authorize the board of governors of Southwest Missouri State University to convey property in Howell County, with an emergency clause.

SB 365–By Mayer, Shields, Gibbons, Dolan, Ridgeway, Griesheimer, Nodler, Taylor, Koster, Wheeler and Days.

An Act to repeal section 376.429, RSMo, and to enact in lieu thereof one new section relating to health insurance coverage for clinical trials.

An Act to repeal section 194.119, RSMo, and to enact in lieu thereof one new section relating to designation of next-of-kin for deceased persons.

SENATE BILLS NOS. 202, 33, 45, 183 & 217An Act to repeal section 287.845, RSMo, and to enact in lieu thereof two new sections relating to retirement, with an emergency clause.

On motion of Senator Crowell, SCS for SBs 202, 33, 45, 183 and 217 was read the 3rd time and passed by the following vote:

	YEAS—Senators
Bartle	Bray	Callahan	Cauthorn
Champion	Clemens	Coleman	Crowell
Days	Dolan	Dougherty	Engler
Gibbons	Graham	Green	Griesheimer
Gross	Kennedy	Klindt	Koster
Loudon	Mayer	Nodler	Purgason
Ridgeway	Scott	Shields	Stouffer
Taylor	Vogel	Wheeler	Wilson—32

	NAYS—Senators—None

	Absent—Senators—None

	Absent with leave—Senators—None

	Vacancies—2

	YEAS—Senators
Bartle	Bray	Callahan	Cauthorn
Champion	Clemens	Coleman	Crowell
Days	Dolan	Dougherty	Engler
Gibbons	Graham	Green	Kennedy
Klindt	Koster	Loudon	Mayer
Nodler	Purgason	Ridgeway	Scott
Shields	Stouffer	Taylor	Vogel
Wheeler	Wilson—30

	NAYS—Senators—None

	Absent—Senators
Griesheimer	Gross—2

	Absent with leave—Senators—None

	Vacancies—2

An Act to repeal sections 172.020, 173.005, 174.020, 174.231, 174.241, 174.250, 174.251, 174.253, 174.261, 174.300, 174.310, 174.320, 174.324, 174.450, 174.453, and 176.010, RSMo, and to enact in lieu thereof sixteen new sections relating to state institutions of higher education.

On motion of Senator Champion, SS for SCS for SB 98 was read the 3rd time and passed by the following vote:

	YEAS—Senators
Bartle	Callahan	Cauthorn	Champion
Clemens	Coleman	Dolan	Dougherty
Engler	Gibbons	Green	Griesheimer
Kennedy	Klindt	Koster	Loudon
Mayer	Nodler	Purgason	Ridgeway
Scott	Shields	Taylor	Wheeler
Wilson—25

	NAYS—Senators
Bray	Crowell	Days	Graham
Gross	Stouffer	Vogel—7

	Absent—Senators—None

	Absent with leave—Senators—None

	Vacancies—2

Senator Scott moved that SB 270, with SCS, be taken up for perfection, which motion prevailed.

An Act to repeal sections 30.247, 30.250, 30.260, 30.270, 30.440, 30.750, 30.753, 30.756, 30.758, 30.760, 30.765, 30.767, 30.830, and 30.840, RSMo, and to enact in lieu thereof fifteen new sections relating to the state treasurer, with penalty provisions.

Amend Senate Committee Substitute for Senate Bill No. 270, Page 10, Section 30.440, Line 5, by deleting the comma after the word “thereof” and inserting a period; and further amend by deleting the remainder of line 5, as well as lines 6 through 9.

Amend Senate Committee Substitute for Senate Bill No. 270, Page 25, Section 30.860, Line 80, by inserting after all of said line the following:

“Section 1. 1. There is hereby created in the state treasury the “State Treasurer’s General Operations Fund” which shall receive deposits, make disbursements and be administered in compliance with the provisions of this section.

2. Subject to appropriation, moneys in the state treasurer’s general operations fund shall be used solely to pay for personal service, equipment and other expenses of the state treasurer related to the state treasurer’s constitutional and statutory responsibilities, exclusive of any personal service, equipment and other expenses attributable to positions wholly dedicated to the functions described in chapter 447, RSMo. The commissioner of administration shall review and approve all requests of the state treasurer of disbursements from the state treasurer’s general operations fund for compliance with the provisions of this section. Nothing in this section shall be deemed to prevent the general assembly from making appropriations to the state treasurer from other permissible sources.

3. Notwithstanding any other provisions of law to the contrary, moneys shall be deposited in the state treasurer’s general operations fund and administered in accordance with the following provisions:

(1) On a daily basis, the state treasurer shall apportion any interest or other increment derived from the investment of funds in an amount proportionate to the average daily balance of funds in the state treasury. The state treasurer shall use a method in accordance with generally accepted accounting principles in apportioning and distributing that interest or increment. Prior to distributing that interest or increment, the state treasurer shall deduct the costs incurred by the state treasurer in administering this chapter in proportion to the average daily balance of the amounts deposited to each fund in the state treasury. The state treasurer shall then deposit the identified portion of the daily interest receipts in the “State Treasurer’s General Operations Fund”. All other remaining interest received on the investment of state funds shall be allocated and deposited to funds within the state treasury as required by law.

(2) The total costs for personal service, equipment and other expenses of the state treasurer related to the state treasurer’s constitutional and statutory responsibilities, exclusive of any personal service, equipment and other expenses attributable to positions wholly dedicated to the functions described in chapter 447, RSMo, and any banking fees and other banking-related costs, shall not exceed ten basis points, or one-tenth of one percent, of the total of the average daily fund balance of funds within the state treasury.

4. Notwithstanding the provisions of section 33.080, RSMo, moneys in the “State Treasurer’s General Operations Fund” shall not lapse to the general revenue fund at the end of the biennium unless and only to the extent to which the amount in the fund exceeds the annual appropriations from the fund for the current fiscal year.

Section B. Because of the need to provide consistent funding to the State Treasurer’s Office to allow the office’s primary functions to proceed in a timely and efficient manner, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.”.

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

Amend Senate Committee Substitute for Senate Bill No. 270, Page 18, Section 30.758, Line 2, by inserting after all of said line the following:

“2. The state treasurer shall ensure that at least five percent of the linked deposit loan packages that are accepted shall be placed with eligible lending institutions that shall make the linked deposit loan to a minority or female-owned eligible multitenant enterprise, eligible farming operation, eligible small business, eligible job enhancement business, eligible marketing enterprise, eligible residential property developer, eligible residential property owner, eligible agribusiness, eligible beginning farmer, eligible livestock operation, eligible student borrower, eligible facility borrower or eligible water supply system.”; and

Further renumber the remaining subsections and intersectional references accordingly.

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

Amend Senate Committee Substitute for Senate Bill No. 270, Pages 9 and 10, Section 30.286, Lines 1-14, by deleting all of said lines.

Amend Senate Committee Substitute for Senate Bill No. 270, Page 20, Section 30.760, Line 10, by inserting after the word “interest” the following: “set at an amount equal to the amount reduced in section 30.758, and otherwise available”; and further amend said section, page and line by striking the words “which is below the present borrowing rate applicable”.

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

Senator Scott moved that SCS for SB 270, as amended, be adopted, which motion prevailed.

On motion of Senator Scott, SCS for SB 270, as amended, was declared perfected and ordered printed.

Senator Vogel requested unanimous consent of the Senate to correct the Ways and Means Com-mittee report on SB 13, which request was granted.

Mr. President: Your Committee on Ways and Means, to which was referred SB 13, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

The following messages were received from the Governor, reading of which was waived:

I have the honor to transmit to you herewith for your advice and consent the following appointment:

Gordon A. Elliott, Republican, 900 East Portland, Springfield, Greene County, Missouri 65807, as a member of the Southwest Missouri State University Board of Governors, for a term ending January 1, 2011, and until his successor is duly appointed and qualified; vice, Barbara D. Burns, term expired.

I have the honor to transmit to you herewith for your advice and consent the following appointment:

Mark S. Wasinger, Democrat, 224 Rolling Meadows, Hannibal, Marion County, Missouri 63401, as a member of the Truman State University Board of Governors, for a term ending January 1, 2011, and until his successor is duly appointed and qualified; vice, John Briscoe, term expired.

I have the honor to transmit to you herewith for your advice and consent the following appointment:

Mark A. Fohey, Democrat, 8760 County Road 422, Hannibal, Marion County, Missouri 63401, as a member of the Air Conservation Commission of the State of Missouri, for a term ending October 13, 2008, and until his successor is duly appointed and qualified; vice, Ernie Brown, term expired.

I have the honor to transmit to you herewith for your advice and consent the following appointment:

William J. Luetkenhaus, Democrat, 742 Hancock Road, Saint Charles County, Missouri 63885, as a member of the Missouri Housing Development Commission, for a term ending October 13, 2007, and until his successor is duly appointed and qualified; vice, Patricia A. Allen, withdrawn.