Journal of the Senate

FIRST REGULAR SESSION

THIRTY-EIGHTH DAY—MONDAY, MARCH 14, 2005

       The Senate met pursuant to adjournment.

       Senator Griesheimer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “For we are God’s fellow-workers: We are God’s husbandry, God’s builders.” (I Corinthians 3:9)

          Gracious God, we give You thanks and praise for the honor You have shown us by making us Your co-workers, to cooperate with Your will for us, to be willing to work and even sacrifice in our caring for our fellow citizens. We know, Lord, that by doing so we are doing the work You have for us, for You have given us eyes to see the needs of Your people and time in which to use wisely and productively. 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 for Thursday, March 10, 2005, was read and approved.

       Senator Shields announced that photographers from Public Access Television, St. Louis, KMIZ-TV and KOMU-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 Stouffer offered Senate Resolution No. 674, regarding Mr. and Mrs. Jacob Aumock, which was adopted.

       Senator Stouffer offered Senate Resolution No. 675, regarding Mr. and Mrs. Lloyd Pannell, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 676, regarding Mr. and Mrs. Brent Niemeier, Jefferson City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 677, regarding Mr. and Mrs. David Linville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 678, regarding Mr. and Mrs. Curtis Kemble, which was adopted.

       Senator Shields offered Senate Resolution No. 679, regarding Colonel Kenneth H. Nash, Saint Joseph, which was adopted.

       Senator Shields offered Senate Resolution No. 680, regarding Jared R. Hill, Platte City, which was adopted.

       Senator Champion offered Senate Resolution No. 681, regarding Jack C. Ernst, Jr., Ed.D., Springfield, which was adopted.

       Senator Stouffer offered Senate Resolution No. 682, regarding John M. Eichelberger, Boonville, which was adopted.

       Senator Kennedy offered Senate Resolution No. 683, regarding Sergeant Charles Marvin, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 684, regarding Daniel Nieters, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 685, regarding Michael A. Mueller, St. Louis, which was adopted.

       Senator Stouffer offered Senate Resolution No. 686, regarding the One Hundredth Anniversary of St. Paul’s Lutheran Church, Concordia, which was adopted.

       Senator Purgason offered Senate Resolution No. 687, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Stanley Hicks, Houston, which was adopted.

       Senator Purgason offered Senate Resolution No. 688, regarding the Sixty-eighth Wedding Anniversary of the Reverend and Mrs. William Abney, Willow Springs, which was adopted.

       Senator Purgason offered Senate Resolution No. 689, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Cleo Elam, Lebanon, which was adopted.

       Senator Coleman offered the following resolution:

SENATE RESOLUTION NO. 690

          WHEREAS, the Missouri General Assembly has a long tradition of rendering assistance to those programs aimed at developing qualities of citizenship and leadership within our youth; and

          WHEREAS, the Missouri Girls State program of the American Legion Auxiliary has earned considerable recognition for its success in providing young women with a unique and valuable insight into the process of democratic government through a format of direct role-playing experience; and

          WHEREAS, during June 2005, the American Legion Auxiliary, Department of Missouri, is conducting the Sixty-fourth annual session of Missouri Girls State; and

          WHEREAS, an important highlight of this event is the conducting of a mock legislative session in the senate Chamber at the State Capitol where participants will gather to gain a more realistic insight into official governmental and electoral proceedings:

          NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-third General Assembly, hereby grant the adult leaders and participants of the Sixty-fourth Session of the Missouri Girls State permission to use the Senate Chamber for the purpose of conducting a mock legislative session on Tuesday, June 21, 2005, from 9:30 a.m. to 12:00 p.m.

       Senator Coleman requested unanimous consent of the Senate that the rules be suspended for the purpose of taking SR 690 up for adoption, which request was granted.

       On motion of Senator Coleman, SR 690 was adopted.

       Senator Champion offered Senate Resolution No. 691, regarding the Ozarks Technical Community College, Springfield, which was adopted.

THIRD READING OF SENATE BILLS

       SB 88, introduced by Senator Klindt, entitled:

       An Act to repeal section 261.241, RSMo, and to enact in lieu thereof two new sections relating to food inspection.

       Was taken up.

       On motion of Senator Klindt, SB 88 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 Klindt, title to the bill was agreed to.

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

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

       SS for SCS for SB 237, introduced by Senator Klindt, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 237

       An Act to repeal sections 386.020, 392.200, 392.245, 392.500, 536.024, and 536.037, RSMo, and to enact in lieu thereof seven new sections relating to telecommunications companies.

       Was taken up.

       On motion of Senator Klindt, SS for SCS for SB 237 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

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 SB 187, 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.

       Senator Dolan, Chairman of the Committee on Transportation, submitted the following report:

       Mr. President: Your Committee on Transportation, to which was referred SB 374, 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.

       Senator Champion, Chairman of the Comm-ittee on Aging, Families, Mental and Public Health, submitted the following reports:

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 323, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 347, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 518, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which were referred SB 75 and SB 353, 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.

       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 170, 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.

       Senator Crowell, Chairman of the Committee on Pensions, Veterans’ Affairs and General Laws, submitted the following report:

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SB 401, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Senator Nodler, Chairman of the Committee on Education, submitted the following report:

       Mr. President: Your Committee on Education, to which was referred SB 480, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Senator Scott, Chairman of the Committee on Financial and Governmental Organizations and Elections, submitted the following reports:

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 496, 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.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 84, 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.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 394, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 476, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 479, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 358, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 348, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 526, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

       At the request of Senator Mayer, SB 291, with SCS, was placed on the Informal Calendar.

       SB 5, with SCS, was placed on the Informal Calendar.

       At the request of Senator Taylor, SB 50, with SCS, was placed on the Informal Calendar.

       At the request of Senator Scott, SB 324, with SCS, was placed on the Informal Calendar.

       At the request of Senator Wilson, SB 152, with SCS, was placed on the Informal Calendar.

       At the request of Senator Bartle, SB 160 was placed on the Informal Calendar.

       SB 2, with SCS, was placed on the Informal Calendar.

       At the request of Senator Dolan, SB 168, with SCS, was placed on the Informal Calendar.

       Senator Purgason moved that SB 539 be taken up for perfection, with motion prevailed.

       Senators Purgason, Bartle, Scott, Gibbons, Dolan, Ridgeway and Crowell offered SS for SB 539, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 539

       An Act to repeal sections 178.661, 178.662, 178.664, 178.666, 178.669, 178.671, 178.673, 208.010, 208.146, 208.151, 208.152, 208.162, 208.215, 208.225, 208.550, 208.553, 208.556, 208.559, 208.562, 208.565, 208.568, 208.571, 453.072, and 453.073, RSMo, and to enact in lieu thereof twenty-nine new sections relating to health care and social services, with penalty provisions and an emergency clause for a certain section.

       Senator Purgason moved that SS for SB 539 be adopted.

       Senator Griesheimer assumed the Chair.

       At the request of Senator Purgason, SB 539, with SS (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

       The following message was 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 174, entitled:

       An Act to repeal sections 339.100, 339.710, 339.720, and 339.780, RSMo, and to enact in lieu thereof four new sections relating to real estate agents and brokers.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

PRIVILEGED MOTIONS

       Senator Scott moved that the Senate refuse to recede from its position on SS for SCS for HCS for HB 393, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE

APPOINTMENTS

       President Pro Tem Gibbons appointed the following conference committee to act with a like committee from the House on SS for SCS for HCS for HB 393, as amended: Senators Scott, Bartle, Shields, Callahan and Wheeler.

REPORTS OF STANDING COMMITTEES

       On behalf of Senator Griesheimer, Chairman of the Committee on Economic Development, Tourism and Local Government, Senator Shields submitted the following reports:

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 516, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 468, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 507, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 502, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 490, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 450, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 453, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 431, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 392, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 380, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 372, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 361, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 343, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

       Senator Gibbons offered Senate Resolution No. 692, regarding the members of Phi Theta Kappa’s All-Missouri Academic Team and the Missouri Community College Association, which was adopted.

       On motion of Senator Shields, the Senate recessed until 8:00 p.m.

RECESS

       The time of recess having expired, the Senate was called to order by Senator Nodler.

SENATE BILLS FOR PERFECTION

       Senator Purgason moved that SB 539, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       SS for SB 539 was again taken up.

       Senator Purgason offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Bill No. 539, Page 72, Section 660.670, Line 24 of said page, by striking the word “date” and inserting in lieu thereof the following: “data”; and further amend line 26 of said page, by striking “mailing” and inserting in lieu thereof “Transmitting”.

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

       Senator Kennedy offered SA 2, which was read:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Bill No. 539, Page 32, Section 208.152, Line 15 of said page, by striking the opening bracket “[”; and

       Further amend said bill and section, page 33, line 17 of said page, by striking the closing bracket “]”; and further amend said section by renumbering the remaining subdivisions accordingly.

       Senator Kennedy moved that the above amendment be adopted.

       Senator Clemens assumed the Chair.

       Senator Kennedy requested a roll call vote be taken on the adoption of SA 2 and was joined in his request by Senators Coleman, Dougherty, Wheeler and Wilson.

       Senator Nodler assumed the Chair.

       President Kinder assumed the Chair.

       SA 2 failed of adoption by the following vote:

       Senator Ridgeway offered SA 3:

SENATE AMENDMENT NO. 3

       Amend Senate Substitute for Senate Bill No. 539, Page 65, Section 208.798, Line 10, by deleting “. The” and inserting in lieu thereof “, the”.

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

       Senator Coleman offered SA 4, which was read:

SENATE AMENDMENT NO. 4

       Amend Senate Substitute for Senate Bill No. 539, Page 101, Section B, Line 3, by inserting after all of said line the following:

       “Section C. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on Tuesday next following the first Monday in November, 2006, or at a special election to be called by the governor for that purpose, pursuant to the laws and constitutional provisions of this state applicable to general elections and the submission of referendum measures by initiative petition, and it shall become effective when approved by a majority of the votes cast thereon at such election and not otherwise.”; and

       Further amend the title accordingly.

       Senator Coleman moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Wheeler, Dougherty, Wilson and Graham.

       SA 4 failed of adoption by the following vote:

       Senator Wheeler offered SA 5, which was read:

SENATE AMENDMENT NO. 5

       Amend Senate Substitute for Senate Bill No. 539, Page 29, Section 208.152, Line 17 of said page, by striking the opening bracket “[”; and further amend line 19 of said page, by striking the closing bracket “]”; and further amend said subsection by renumber the remaining subdivisions accordingly.

       Senator Wheeler moved that the above amendment be adopted.

       Senator Ridgeway assumed the Chair.

       A quorum was established by the following vote:

       SA 5 was again taken up.

       A quorum was established by the following vote: