Journal of the Senate

FIRST REGULAR SESSION

TWENTY-SEVENTH DAY—TUESDAY, FEBRUARY 22, 2005

       The Senate met pursuant to adjournment.

       Senator Ridgeway in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “May God be gracious to us and bless us and make his face to shine upon us,...” (Psalm 67:1)

          Loving Father, we pray that You will be gracious to us and direct our steps and efforts this day. And we pray for Senator Wheeler’s wife and ask once again for Your gracious healing; that You will touch her with Your healing power and that it will flow through her, bringing her to health and wholeness. We pray for Senator Wheeler and his family, that they may know Your comforting presence. 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.

       Senator Shields announced that photographers from KRCG-TV were given permission to take pictures in the Senate Chamber today.

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

          The Lieutenant Governor was present.

RESOLUTIONS

       Senator Bray offered Senate Resolution No. 406, regarding the Seventy-fifth Anniversary of the City of Olivette, which was adopted.

INTRODUCTION OF BILLS

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

       SB 392–By Coleman.

       An Act to authorize the sale of certain state property.

       SB 393–By Stouffer.

       An Act to repeal sections 198.006 and 198.073, RSMo, and to enact in lieu thereof three new sections relating to assisted living residences.

       SB 394–By Nodler.

       An Act to repeal section 30.720, RSMo, relating to financial institutions doing business in northern Ireland.

       SB 395–By Scott.

       An Act to amend chapter 488, RSMo, by adding thereto one new section relating to court surcharges.

       SB 396–By Crowell.

       An Act to repeal sections 144.805 and 305.230, RSMo, and to enact in lieu thereof two new sections relating to aviation.

       SB 397–By Graham.

       An Act to repeal sections 546.070, 650.056, and 650.057, RSMo, and to enact in lieu thereof fifteen new sections relating to the criminal justice system, with penalty provisions.

       SB 398–By Graham.

       An Act to repeal section 136.055, RSMo, and to enact in lieu thereof one new section relating to appointment of fee agents by the governor with the advice and consent of the senate.

       SB 399–By Bray.

       An Act to repeal sections 32.087, 67.576, 67.582, 67.584, 67.671, 67.672, 67.673, 67.674, 67.676, 67.678, 67.1303, 67.1545, 67.1775, 67.1959, 67.2000, 67.2030, 67.2500, 67.2510, 67.2515, 67.2520, 67.2525, 67.2530, 94.578, 94.580, 94.605, 94.660, 94.705, 94.900, 144.010, 144.014, 144.030, 144.046, 144.100, 144.517, 144.625, 144.655, 144.805, 221.407, 238.235, 238.410, and 644.032 RSMo, and to enact in lieu thereof thirty-nine new sections relating to the implementation of the streamlined sales and use tax agreement.

REPORTS OF STANDING COMMITTEES

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

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS for SJR 1, begs leave to report that it has examined the same and finds that the joint resolution has been truly perfected and that the printed copies furnished the Senators are correct.

THIRD READING OF SENATE BILLS

       SB 24, with SCS, introduced by Senator Griesheimer, entitled:

       An Act to repeal section 488.429, RSMo, as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill nos. 795, 972, 1128 & 1161, ninety-second general assembly, second regular session, and section 488.429, RSMo, as enacted by senate committee substitute for house committee substitute for house bill no. 798 merged with house committee substitute for senate bill no. 1211, ninety-second general assembly, second regular session, and to enact in lieu thereof one new section relating to limitations on the use of law library funds.

       Was called from the Consent Calendar and taken up.

       SCS for SB 24, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 24

       An Act to repeal section 488.426, section 488.429, RSMo, as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill nos. 795, 972, 1128 & 1161, ninety-second general assembly, second regular session, and section 488.429, RSMo, as enacted by senate committee substitute for house committee substitute for house bill no. 798 merged with house committee substitute for senate bill no. 1211, ninety-second general assembly, second regular session, and to enact in lieu thereof two new sections relating to limitations on the use of law library funds.

       Was taken up.

       Senator Griesheimer moved that SCS for SB 24 be adopted, which motion prevailed.

       On motion of Senator Griesheimer, SCS for SB 24 was read the 3rd time and passed by the following vote:

       President Kinder assumed the Chair.

       The President declared the bill passed.

       On motion of Senator Griesheimer, title to the bill was agreed to.

       Senator Griesheimer moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       SB 69, with SCS, introduced by Senators Shields and Wheeler, entitled:

       An Act to authorize the conveyance of property owned by the state in Jackson County to the City of Kansas City.

       Was called from the Consent Calendar and taken up by Senator Shields.

       SCS for SB 69, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 69

       An Act to authorize the conveyance of property owned by the state in Jackson County to the City of Kansas City, with an emergency clause.

       Was taken up.

       Senator Shields moved that SCS for SB 69 be adopted, which motion prevailed.

       On motion of Senator Shields, SCS for SB 69 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       The emergency clause was adopted by the following vote:

       On motion of Senator Shields, title to the bill was agreed to.

       Senator Shields moved that the vote by which the bill passed be reconsidered.

       Senator Gibbons moved that motion lay on the table, which motion prevailed.

       SB 70, with SCS, introduced by Senator Shields, entitled:

       An Act to repeal section 100.710, RSMo, and to enact in lieu thereof one new section relating to business use incentives for large-scale development.

       Was called from the Consent Calendar and taken up.

       SCS for SB 70, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 70

       An Act to repeal sections 100.710 and 135.284, RSMo, section 100.840 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 289, ninety-second general assembly, first regular session, section 100.840 as enacted by senate committee substitute for senate bill no. 620, ninety-second general assembly, first regular session, section 100.850 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 1182, ninety-second general assembly, second regular session, section 100.850 as enacted by house substitute for senate committee substitute for senate bill no. 1155, ninety-second general assembly, first regular session, and section 100.850 as enacted by conference committee substitute for house substitute for house committee substitute for senate bill no. 1394, ninety-second general assembly, second regular session, and to enact in lieu thereof four new sections relating to business use incentives for large-scale development.

       Was taken up.

       Senator Shields moved that SCS for SB 70 be adopted, which motion prevailed.

       On motion of Senator Shields, SCS for SB 70 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Shields, title to the bill was agreed to.

       Senator Shields moved that the vote by which the bill passed be reconsidered.

       Senator Gibbons moved that motion lay on the table, which motion prevailed.

       SB 86, introduced by Senator Crowell, entitled:

       An Act to repeal section 523.050, RSMo, and to enact in lieu thereof one new section relating to eminent domain.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Crowell, SB 86 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Crowell, title to the bill was agreed to.

       Senator Crowell moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       SB 174, introduced by Senator Vogel, entitled:

       An Act to authorize the conveyance of property owned by the state in Cole County to the Regional West Fire District, with an emergency clause.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Vogel, SB 174 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       The emergency clause was adopted by the following vote:

       On motion of Senator Vogel, title to the bill was agreed to.

       Senator Vogel moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       SB 99, introduced by Senator Champion, entitled:

       An Act to repeal section 620.602, RSMo, and to enact in lieu thereof one new section relating to the joint committee on economic development policy and planning.

       Was called from the Consent Calendar and taken up.

       Senator Champion moved that SB 99 be read the 3rd time and finally passed.

       At the request of Senator Champion, the above motion was withdrawn, which placed the bill back on the Consent Calendar.

       SB 178, introduced by Senator Shields, entitled:

       An Act to repeal sections 330.010, 330.020, 330.030, 330.040, 330.045, 330.050, 330.065, 330.070, 330.080, 330.090, 330.100, 330.110, 330.160, 330.180, 330.200, and 330.210, RSMo, and to enact in lieu thereof sixteen new sections relating to podiatrists, with penalty provisions.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Shields, SB 178 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Shields, title to the bill was agreed to.

       Senator Shields moved that the vote by which the bill passed be reconsidered.

       Senator Gibbons moved that motion lay on the table, which motion prevailed.

       Senator Mayer assumed the Chair.

       SB 180, introduced by Senator Loudon, et al, entitled:

       An Act to amend chapter 9, RSMo, by adding thereto one new section relating to the designation of Ronald Reagan Day in Missouri.

       Was called from the Consent Calendar and taken up by Senator Loudon.

       On motion of Senator Loudon, SB 180 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Loudon, title to the bill was agreed to.

       Senator Loudon moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       Senator Champion moved that SB 99 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

       On motion of Senator Champion, SB 99 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Champion, title to the bill was agreed to.

       Senator Champion moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       SB 141, introduced by Senator Nodler, entitled:

       An Act to repeal sections 301.550 and 301.560, RSMo, and to enact in lieu thereof two new sections relating to the licensure of dealers who sell emergency vehicles.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Nodler, SB 141 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Nodler, title to the bill was agreed to.

       Senator Nodler moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       SB 100, with SCS, introduced by Senator Champion, entitled:

       An Act to repeal sections 345.015, 345.022, 345.050, and 345.080, RSMo, and to enact in lieu thereof four new sections relating to the licensing of speech-language pathologists and audiologists.

       Was called from the Consent Calendar and taken up.

       SCS for SB 100, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 100

       An Act to repeal sections 345.015, 345.022, 345.050, and 345.080, RSMo, and to enact in lieu thereof four new sections relating to the licensing of speech-language pathologists and audiologists.

       Was taken up.

       Senator Champion moved that SCS for SB 100 be adopted, which motion prevailed.

       On motion of Senator Champion, SCS for SB 100 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

       On motion of Senator Champion, title to the bill was agreed to.

       Senator Champion moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

SECOND READING OF SENATE BILLS

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

       SB 361—Economic Development, Tourism and Local Government.

       SB 362—Ways and Means.

       SB 363—Aging, Families, Mental and Public Health.

       SB 364—Economic Development, Tourism and Local Government.

       SB 365—Aging, Families, Mental and Public Health.

       SB 366—Judiciary and Civil and Criminal Jurisprudence.

       SB 367—Governmental Accountability and Fiscal Oversight.

       SB 368—Aging, Families, Mental and Public Health.

       SB 369—Small Business, Insurance and Industrial Relations.

       SB 370—Small Business, Insurance and Industrial Relations.

       SB 371—Pensions, Veterans’ Affairs and General Laws.

       SB 372—Economic Development, Tourism and Local Government.

       SB 373—Judiciary and Civil and Criminal Jurisprudence.

       SB 374—Transportation.

       SB 375—Pensions, Veterans’ Affairs and General Laws.

       SB 376—Aging, Families, Mental and Public Health.

       SB 377—Agriculture, Conservation, Parks and Natural Resources.

       SB 378—Judiciary and Civil and Criminal Jurisprudence.

       SB 379—Aging, Families, Mental and Public Health.

       SB 380—Economic Development, Tourism and Local Government.

       SJR 18—Judiciary and Civil and Criminal Jurisprudence.

HOUSE BILLS ON SECOND READING

       The following Bill was read the 2nd time and referred to the Committee indicated:

       HCS for HB 393—Judiciary and Civil and Criminal Jurisprudence.

INTRODUCTION OF BILLS

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

       SB 400–By Klindt.

       An Act to amend chapter 250, RSMo, by adding thereto eleven new sections relating to the wholesale water and sewer authority act.

       SB 401–By Kennedy.

       An Act to repeal sections 86.260, 86.280, 86.283, and 86.287, RSMo, and to enact in lieu thereof four new sections relating to police relief and pension systems.

       SB 402–By Gibbons, Coleman, Griesheimer and Dougherty.

       An Act to repeal sections 302.178, 311.310, 311.325, 570.223, and 577.500, RSMo, and to enact in lieu thereof six new sections relating to underage drinking, with penalty provisions.

INTRODUCTIONS OF GUESTS

       Senator Clemens introduced to the Senate, the Physician of the Day, Dr. Bill Reynolds, M.D., and his daughter, Emma, Nixa; and Emma was made an honorary page.

       Senator Griesheimer introduced to the Senate, Barbara Zerr and Patricia Schreiner, Hermann.

       Senator Kennedy introduced to the Senate, fifth grade Girl Scouts from St. Catherine Laboure School, St. Louis; and Caitlyn Rich, Emily Follen, Maria Merlo and Alexis Fuchs were made honorary pages.

       Senator Cauthorn introduced to the Senate, Dr. Mercedes Williamson, D.C. and Dr. Shane Hart, D.C., Bowling Green.

       Senator Scott introduced to the Senate, Kevin Spaulding, Bolivar; and David O’Neal, Wheatland.

       Senator Clemens introduced to the Senate, 2004-2005 State FFA Officers, Allyssa Berry, Pattonsburg; Hilary Holeman, Trenton; Jaclyn DeWeese, Brunswick; Brian Martin, Centralia; Susan Bernt, Leeton; Rebecca Williams, Tipton; Joshua Erisman, Greenfield; Erica Dean, Ash Grove; James Kaiser, Monett; Nathaniel Storm, Licking; Keva Hulsey, Rosebud; Laura Puchbauer, Jackson; Gary Slayton, Fairdealing; and Gina Eckler, Shelbyville.

       Senator Mayer introduced to the Senate, Megan Gayley and Julie Terrell, Dexter; and Elizabeth Ball, Kirkwood.

       Senator Loudon introduced to the Senate, Ezra Akin, David Randolph, Daniel Hoenes, Jana Scherle, Faith Spencer, Laurel Spencer, Hannah Akin and Lacey Smith, Teen Eagles from St. Louis and Hillsboro.

       Senator Kennedy introduced to the Senate, Dr. Michael Finley, D.C., St. Louis.

       Senator Ridgeway introduced to the Senate, Kathy French, Edith Parks and Marty Driver, Smithville.

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

SENATE CALENDAR

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TWENTY-EIGHTH DAY–WEDNESDAY, FEBRUARY 23, 2005

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

SB 381-Ridgeway

SB 382-Vogel

SB 383-Vogel

SB 384-Scott

SB 385-Scott

SB 386-Loudon

SB 387-Loudon

SB 388-Loudon

SB 389-Taylor

SB 390-Taylor

SB 391-Dougherty, et al

SB 392-Coleman

SB 393-Stouffer

SB 394-Nodler

SB 395-Scott

SB 396-Crowell

SB 397-Graham

SB 398-Graham

SB 399-Bray

SB 400-Klindt

SB 401-Kennedy

SB 402-Gibbons, et al

HOUSE BILLS ON SECOND READING

HCS for HB 441

THIRD READING OF SENATE BILLS

SS for SJR 1-Klindt

SENATE BILLS FOR PERFECTION

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 210-Griesheimer, with SCS

SB 225-Cauthorn, with SCS & SS#2 for SCS

   (pending)

CONSENT CALENDAR

Senate Bills

Reported 2/14

SB 71-Griesheimer

SB 21-Shields

SB 162-Gross

SB 165-Bartle

SB 123-Bartle

SB 149-Nodler

SB 189-Gross

SB 171-Purgason

Reported 2/21

SB 242-Scott

SB 131-Loudon

SB 211-Loudon

SB 122-Nodler

SB 6-Klindt, with SCS

RESOLUTIONS

Reported from Committee

SCR 2-Cauthorn

SCR 3-Crowell

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