Journal of the Senate

FIRST REGULAR SESSION

TWENTY-FIFTH DAY—THURSDAY, FEBRUARY 17, 2005

       The Senate met pursuant to adjournment.

       Senator Mayer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “O taste and see that the Lord is good; happy are those who take refuge in him.” (Psalm 34:8)

          Our Father, You continue to provide us what we need, food for our bodies, work for our minds and love for our hearts for which we are truly grateful. As we finish up our work this day and return to those who love us may we truly express this gratitude to them and to You this weekend in the various ways You provide 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 Shields offered Senate Resolution No. 351, regarding Sawyer Daniel Breslow, Platte City, which was adopted.

       Senator Shields offered Senate Resolution No. 352, regarding Mathew Kuehl, Platte City, which was adopted.

       Senator Ridgeway offered Senate Resolution No. 353, regarding Brenda Burchett, Smithville, which was adopted.

       Senator Shields offered Senate Resolution No. 354, regarding Lindsey Williams, Saint Joseph, which was adopted.

       Senator Nodler offered Senate Resolution No. 355, regarding Harold McCoy, Joplin, which was adopted.

       Senator Graham offered Senate Resolution No. 356, regarding Curtis Lane Brown, Columbia, which was adopted.

       Senator Klindt offered Senate Resolution No. 357, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. O.C. Steele, Chillicothe, which was adopted.

       Senator Klindt offered Senate Resolution No. 358, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bob Roberts, Rea, which was adopted.

       Senator Klindt offered Senate Resolution No. 359, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Melvin Sorenson, Bethany, which was adopted.

       Senator Crowell offered Senate Resolution No. 360, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Joe Telker, which was adopted.

       Senator Crowell offered Senate Resolution No. 361, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Eugene Kester, Jackson, which was adopted.

       Senator Shields moved that SR 332 be taken up for adoption, which motion prevailed.

       On motion of Senator Shields, SR 332 was adopted.

       President Kinder assumed the Chair.

INTRODUCTION OF BILLS

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

       SB 368–By Dougherty, Bray, Days, Wilson, Coleman, Wheeler and Kennedy.

       An Act to repeal section 208.151, RSMo, and to enact in lieu thereof one new section relating to Medicaid benefits.

       SB 369–By Dougherty, Bray, Days, Wilson, Coleman, Wheeler and Kennedy.

       An Act to repeal section 376.1209, RSMo, and to enact in lieu thereof one new section relating to insurance coverage for mastectomy.

       SB 370–By Dougherty, Bray, Days, Coleman, Wheeler, Wilson and Kennedy.

       An Act to repeal section 375.001, RSMo, and to enact in lieu thereof two new sections relating to prohibiting certain insurance companies from canceling or nonrenewing insurance policies for claim inquiries, with penalty provisions.

       SB 371–By Dolan and Bray.

       An Act to repeal section 21.145, RSMo, and to enact in lieu thereof two new sections relating to members of the general assembly.

       SB 372–By Engler, Taylor and Griesheimer.

       An Act to repeal sections 300.330 and 307.180, RSMo, and to enact in lieu thereof six new sections relating to bicycle safety, with penalty provisions.

       SB 373–By Bartle.

       An Act to repeal section 287.905, RSMo, and to enact in lieu thereof one new section relating to appointment of new directors to the board of the Missouri employers mutual insurance company.

       SB 374–By Loudon and Bray.

       An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the designation of a certain highway.

       SB 375–By Loudon.

       An Act to repeal section 104.1090, RSMo, and to enact in lieu thereof one new section relating to retirement benefits for state employees who are military veterans.

       SB 376–By Loudon.

       An Act to amend chapter 210, RSMo, by adding thereto one new section relating to private contractor liability.

       SB 377–By Loudon and Gibbons.

       An Act to repeal section 340.216, RSMo, and to enact in lieu thereof one new section relating to the practice of veterinary medicine.

       SB 378–By Coleman.

       An Act to repeal section 301.301, RSMo, and to enact in lieu thereof two new sections relating to stolen license plate tabs.

       SB 379–By Coleman, Wheeler, Days, Graham, Bray and Wilson.

       An Act to amend chapter 191, RSMo, by adding thereto two new sections relating to the compassionate assistance for rape emergencies act, with penalty provisions.

       SJR 18–By Bartle, Shields and Nodler.

       Joint Resolution submitting to the qualified voters of Missouri, an amendment to article IX of the Constitution of Missouri, and adopting one new section relating to the power to determine public school funding.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 16, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

          Julia M. Eckstein, 1311 Colby Drive, Saint Peters, Saint Charles County, Missouri 63376, as the Director of the Department of Health and Senior Services, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Richard C. Dunn.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 16, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

          William G. Gillespie, Independent, 7328 Ravinia Drive, Saint Louis, Saint Louis County, Missouri 63121, as a member of the Harris-Stowe State College Board of Regents, for a term ending July 28, 2010, and until his successor is duly appointed and qualified; vice, William G. Gillespie, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 17, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

          The following addendum should be made to the appointment of William J. Luetkenhaus to the Missouri Housing Development Commission submitted on February 16, 2005. Line 1 should be amended as follows:

“William J. Luetkenhaus, Democrat, 742 Hancock Road, Wentzville, Saint Charles”

Respectfully submitted,

MATT BLUNT

Governor

       President Pro Tem Gibbons referred the above appointments and addendum to the Committee on Gubernatorial Appointments.

MESSAGES FROM THE HOUSE

       The following messages were received from the House of Representatives through its Chief Clerk:

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 393, entitled:

       An Act to repeal sections 355.176, 408.040, 490.715, 508.010, 508.040, 508.070, 508.120, 510.263, 510.340, 514.060, 516.105, 537.035, 537.067, 537.090, 538.205, 538.210, 538.220, 538.225, 538.230, and 538.300, RSMo, and to enact in lieu thereof twenty-three new sections relating to claims for damages and the payment thereof.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 441, entitled:

       An Act to repeal sections 195.017 and 195.417, RSMo, and to enact in lieu thereof two new sections relating to the scheduling and sale of certain controlled substances, with penalty provisions and an emergency clause.

       Emergency clause adopted.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

REFERRALS

       President Pro Tem Gibbons referred SCR 4 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

REPORTS OF STANDING COMMITTEES

       Senator Gibbons, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

       Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

       Linda A. Englemann and Linda R. Curbow, as members of the Missouri Board of Examiners for Hearing Instrument Specialists;

       Also,

       Michelle T. Esswein, as a member of the Missouri Women’s Council;

       Also,

       Charity F. Shelton, as a member of the Missouri Head Injury Advisory Council;

       Also,

       Richard P. Phillips, as a member of the Central Missouri State University Board of Governors;

       Also,

       Kathryn J. Swan, as a member of the Coordinating Board for Higher Education;

       Also,

       Arlene V. McClendon, as a member of the State Board of Barber Examiners;

       Also,

       Carol Ann Freeman, as a member of the Advisory Committee for 911 Service Oversight;

       Also,

       Christel H. Johnson, as a member of the Advisory Council for Professional Physical Therapists;

       Also,

       James M. Harig, as a member of the Amusement Ride Safety Board;

       Also,

       Cynthia Webb Bald, as a member of the State Board of Cosmetology;

       Also,

       Teri A. Murray, R.N., Ph.D., as a member of the Missouri State Board of Nursing.

       Senator Gibbons requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

       Senator Gibbons moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

       Senator Shields, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 122, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SJR 8, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 13, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 148, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 206, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCS for SB 270, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

REFERRALS

       President Pro Tem Gibbons referred SCS for SB 270 to the Committee on Governmental Accountability and Fiscal Oversight.

SENATE BILLS FOR PERFECTION

       Senator Cauthorn moved that SB 225, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SB 225, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 225

       An Act to repeal sections 260.262, 260.274, 260.342, 260.375, 260.380, 260.391, 260.420, 260.446, 260.475, 260.479, 260.480, 260.481, 260.546, and 260.569, RSMo, and to enact in lieu thereof ten new sections relating to hazardous waste.

       Was taken up.

       Senator Cauthorn moved that SCS for SB 225 be adopted.

       Senator Cauthorn offered SS for SCS for SB 225, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 225

       An Act to repeal sections 260.200, 260.262, 260.270, 260.272, 260.273, 260.274, 260.275, 260.276, 260.278, 260.342, 260.375, 260.380, 260.391, 260.420, 260.446, 260.475, 260.479, 260.480, 260.481, 260.546, and 260.569, RSMo, and to enact in lieu thereof eighteen new sections relating to hazardous waste, with penalty provisions.

       Senator Cauthorn moved that SS for SCS for SB 225 be adopted.

       Senator Mayer assumed the Chair.

       Senator Vogel offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 225, Pages 37 and 38, Section 260.389, Line 29 of page 37 through lines 14 of page 38, by deleting all of said section; and

       Further amend the title and enacting clause accordingly.

       Senator Vogel moved that the above amendment be adopted.

       At the request of Senator Cauthorn, SB 225, with SCS, SS for SCS and SA 1 (pending), was placed on the Informal Calendar.

RESOLUTIONS

       Senator Graham offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 362

          WHEREAS, the members of the Missouri Senate hold in high esteem those Show-Me State residents who have devoted their time, energy, knowledge, and skills to improving the quality of life in local communities and neighborhoods through the excellence of their endeavors in the field of public safety; and

          WHEREAS, Curtis Lane Brown has attained considerable distinction as a police officer who has served the citizens of Columbia, Missouri, since July 17, 2000, with courage and valor; and

          WHEREAS, officer Curtis Brown was injured in the line of duty on January 11, 2005, when he was shot by the fleeing subject of an extensive manhunt who was suspected of critically injuring another police officer the previous day during a routine traffic stop; and

          WHEREAS, despite his injuries, officer Curtis Brown subsequently joined a blood drive on January 17, 2005, to assist his wounded colleague, Molly Bowden; and

          WHEREAS, holder of an Associate’s degree from ITT Technical Institute, officer Curtis Brown brings to his professional labors with the Columbia Police Department a wealth of knowledge and experience which he garnered as a Sergeant with the United States Army during a tour of duty from 1989 to 1994 and as a Corrections Officer with the Missouri Department of Corrections from 1997 to 2000; and

          WHEREAS, officer Curtis Brown is a member of the Columbia Black Officers Association who received a Notice of Favorable Occurrence from the Columbia Police Department commending his role in the apprehension of an armed robber and a letter of thanks from the Chief Executive Officer at Mid-Mo Mental Health Center for his help in calming a dangerous patient; and

          WHEREAS, officer Curtis Brown is the son of the late Robert C. White and the late Ann E. Brown and the youngest of ten siblings who include brothers Terry, William, Cale, Delton, and Donald and sisters Valerie, Dana, Juanita, and Katherine:

          NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-third General Assembly, join unanimously to applaud the courage, training, professionalism, and community spirit evinced in the life and work of police officer Curtis Brown and to convey to him this legislative body’s most heartfelt commendation of his selfless actions in the apprehension of the suspect in the shooting of a fellow police officer and our sincerest best wishes for a speedy and complete recovery from his injuries; and

          BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in honor of Curtis Lance Brown of Columbia, Missouri.

       President Pro Tem Gibbons assumed the Chair.

       Senator Kennedy offered Senate Resolution No. 363, regarding Daniel L. Parker, Saint Louis, which was adopted.

       Senator Bartle offered Senate Resolution No. 364, regarding Kyle Anthony Stamper, Grain Valley, which was adopted.

REPORTS OF STANDING COMMITTEES

       Senator Klindt, Chairman of the Committee on Commerce, Energy and the Environment, submitted the following report:

       Mr. President: Your Committee on Commerce, Energy and the Environment, to which was referred SB 179, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Senator Vogel, Chairman of the Committee on Ways and Means, submitted the following report:

       Mr. President: Your Committee on Ways and Means, to which was referred SB 138, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Senator Griesheimer, Chairman of the Committee on Economic Development, Tourism and Local Government, submitted the following report:

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 29, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following report:

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 32, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Senator Clemens, Chairman of the Committee on Agriculture, Conservation, Parks and Natural Resources, submitted the following report:

       Mr. President: Your Committee on Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 147, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Senator Mayer assumed the Chair.

SECOND READING OF SENATE BILLS

       The following Bills were read the 2nd time and referred to the Committees indicated:

       SB 344—Judiciary and Civil and Criminal Jurisprudence.

       SB 345—Small Business, Insurance and Industrial Relations.

       SB 346—Agriculture, Conservation, Parks and Natural Resources.

       SB 347—Aging, Families, Mental and Public Health.

       SB 348—Financial and Governmental Organi-zations and Elections.

       SB 349—Small Business, Insurance and Industrial Relations.

       SB 350—Judiciary and Civil and Criminal Jurisprudence.

       SB 351—Judiciary and Civil and Criminal Jurisprudence.

       SB 352—Ways and Means.

       SB 353—Aging, Families, Mental and Public Health.

       SB 354—Transportation.

       SB 355—Financial and Governmental Organi-zations and Elections.

       SB 356—Judiciary and Civil and Criminal Jurisprudence.

       SB 357—Pensions, Veterans’ Affairs and General Laws.

       SB 358—Financial and Governmental Organi-zations and Elections.

       SB 359—Aging, Families, Mental and Public Health.

       SB 360—Ways and Means.

COMMUNICATIONS

       President Pro Tem Gibbons submitted the following:

February 17, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Tourism Commission

Dear Terry:

Pursuant to Section 620.455 of the Revised Statutes of Missouri (RSMo 2002), I am appointing the following senators to the Tourism Commission:

          Senator Chuck Gross

          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

INTRODUCTIONS OF GUESTS

       Senator Mayer introduced to the Senate, Bud Hunt, Kennett.

       Senator Cauthorn introduced to the Senate, Jeff Hedberg, Centralia; and Linda Geist and Heather Hogg, Monroe City.

       Senator Engler introduced to the Senate, Susan Morton, Farmington.

       Senator Callahan introduced to the Senate, the Physician of the Day, Dr. Fred Hahn, M.D., Independence.

       On motion of Senator Shields, the Senate adjourned until 4:00 p.m., Monday, February 21, 2005.

       SENATE CALENDAR

______

TWENTY-SIXTH DAY–MONDAY, FEBRUARY 21, 2005

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

SB 361-Stouffer

SB 362-Stouffer

SB 363-Kennedy, et al

SB 364-Purgason

SB 365-Mayer, et al

SB 366-Wheeler

SB 367-Cauthorn

SB 368-Dougherty, et al

SB 369-Dougherty, et al

SB 370-Dougherty, et al

SB 371-Dolan and Bray

SB 372-Engler, et al

SB 373-Bartle

SB 374-Loudon and Bray

SB 375-Loudon

SB 376-Loudon

SB 377-Loudon and Gibbons

SB 378-Coleman

SB 379-Coleman, et al

SJR 18-Bartle, et al

HOUSE BILLS ON SECOND READING

HCS for HB 393

HCS for HB 441

THIRD READING OF SENATE BILLS

SCS for SB 270-Scott, et al

  (In Fiscal Oversight)

SENATE BILLS FOR PERFECTION

SB 210-Griesheimer, with SCS

SJR 1-Klindt

SB 179-Griesheimer, et al, with SCS

SB 138-Wheeler, with SCS

SB 29-Dolan, with SCS

SB 32-Bartle, with SCS

SB 147-Cauthorn, with SCS

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

SB 225-Cauthorn, with SCS, SS for SCS &

   SA 1 (pending)

CONSENT CALENDAR

Senate Bills

Reported 2/14

SB 24-Griesheimer, with SCS

SB 69-Shields and Wheeler, with SCS

SB 70-Shields, with SCS

SB 86-Crowell

SB 99-Champion

SB 174-Vogel

SB 178-Shields

SB 180-Loudon, et al

SB 141-Nodler

SB 100-Champion, with SCS

SB 71-Griesheimer

SB 21-Shields

SB 162-Gross

SB 165-Bartle

SB 123-Bartle

SB 149-Nodler

SB 189-Gross

SB 171-Purgason

RESOLUTIONS

Reported from Committee

SCR 2-Cauthorn

SCR 3-Crowell

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