Journal of the Senate

FIRST REGULAR SESSION

FORTIETH DAY—WEDNESDAY, MARCH 16, 2005

       The Senate met pursuant to adjournment.

       President Pro Tem Gibbons in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “No one shall be able to stand against you all the days of your life.” (Joshua 1:5)

          We thank You, Lord, for Your word reminds us that we never are alone; and that we are not forsaken, for You are with us. We thank You, God, for Your constant presence, Your mercy and grace that never fails us. And when it is hard for us to be ourselves You persist to let us know You care and are there for us; so we give You thanks for being with us this day and with those we love. 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 Mayer offered Senate Resolution No. 702, regarding the Reverend Arzie Ezell, Piedmont, which was adopted.

       Senator Bartle offered Senate Resolution No. 703, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Carl Cage, which was adopted.

       Senator Loudon offered Senate Resolution 704, regarding Debbie Pyzyk, St. Louis, which was adopted.

PRIVILEGED MOTIONS

       Senator Scott moved that the Senate conferees be allowed to exceed the differences on SS for SCS for HCS for HB 393, as amended, which motion prevailed.

HOUSE BILLS ON THIRD READING

       HCS for HB 14, with SCS, entitled:

       An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2005.

       Was taken up by Senator Gross.

       SCS for HCS for HB 14, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 14An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2005.

       Was taken up.

       Senator Gross moved that SCS for HCS for HB 14 be adopted.

       Senator Crowell assumed the Chair.

       Senator Scott offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 14, Page 10, Section 14.225, Line 5, by adding after the end of said section the following:

       “To the office of administration for purchase of Missouri made lazyboy recliners for the Ron Kirchoff lounge since the majority floor leader continues late night and all night sessions. . . . . . . . . . . . . . .$1 E”.

       Senator Scott moved that the above amendment be adopted.

       At the request of Senator Scott, SA 1 was withdrawn.

       Senator Gross offered SA 2:

SENATE AMENDMENT NO. 2

       Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 14, Page 1, Section 14.005, Line 5, by deleting the number “3,006,542” and inserting in lieu thereof the number “1,006,542” and further amend said bill, Page 1, Section 14.015, Line 3 by deleting the number “5,552,794” and inserting in lieu thereof the number “4,552,794”.

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

       Senator Gross moved that SCS for HCS for HB 14, as amended, be adopted, which motion prevailed.

       On motion of Senator Gross, SCS for HCS for HB 14, as amended, was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

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

March 10, 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:

          Jeanne M. Daffron, 616 North 25th Street, Saint Joseph, Buchanan County, Missouri 64506, as a member of the Life Sciences Research Committee, for a term ending April 8, 2006 and until her successor is duly appointed and qualified; vice, Thomas L. Slaight, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 10, 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:

          Jeffrey L. Fox, 26 Brentmoor Park, Saint Louis, Saint Louis County, Missouri 63105, as a member of the Life Sciences Research Committee, for a term ending April 8, 2008 and until his successor is duly appointed and qualified; vice, Joan Kelly Horn, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 10, 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:

          Judith G. Haggard, 300 West Washington, Kennett, Dunklin County, Missouri 63857, as a member of the Life Sciences Research Committee, for a term ending April 8, 2008 and until her successor is duly appointed and qualified; vice, William J Longmore, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 10, 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:

          Richard D. Johnson, 5330 Ward Parkway, Kansas City, Jackson County, Missouri 64112, as a member of the Life Sciences Research Committee, for a term ending April 8, 2008, and until his successor is duly appointed and qualified; vice, Robert Allan Morantz, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 10, 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:

          Kevin C. Sprouse, 6080 Bass Lane, Columbia, Boone County, Missouri 65201, as a member of the Life Sciences Research Committee, for a term ending April 8, 2006 and until his successor is duly appointed and qualified; vice, John Thornton Park, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 10, 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:

          Edward S. Stevens, 236 West 54th, Kansas City, Jackson County, Missouri 64112, as a member of the Life Sciences Research Committee, for a term ending April 8, 2008 and until his successor is duly appointed and qualified; vice, Diane Janice Seif, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

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

REPORTS OF STANDING COMMITTEES

       Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following report:

       Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SCS for SBs 221, 250 and 256, begs leave to report that it has considered the same and recommends that the bill do pass.

THIRD READING OF SENATE BILLS

       SCS for SBs 221, 250 and 256, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 221, 250 and 256An Act to repeal sections 210.104, 210.107, 302.510, 302.530, 304.015, 304.016, 304.281, 304.351, 307.178, 577.023, 577.041, RSMo, section 302.302 as enacted by house substitute for senate substitute for senate committee substitute for senate bill nos. 1233, 840 & 1043, ninety-second general assembly, second regular session, and section 302.302 as enacted by conference committee substitute no. 2 for senate committee substitute for house committee substitute for house bill nos. 302 & 38, ninety-first general assembly, first regular session, and to enact in lieu thereof twelve new sections relating to the operation of motor vehicles, with penalty provisions.

       Was taken up by Senator Dolan.

       On motion of Senator Dolan, SCS for SBs 221, 250 and 256 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 187, introduced by Senators Cauthorn and Clemens, entitled:

       An Act to repeal sections 640.700, 640.703, 640.710, 640.715, 640.725, 640.730, 640.735, 640.745, 640.750, 640.755, and 644.016, RSMo, and to enact in lieu thereof ten new sections relating to concentrated animal feeding operations.

       Was taken up by Senator Cauthorn.

       Senator Cauthorn moved that SB 187 be read the 3rd time and finally passed.

       At the request of Senator Cauthorn, SB 187 was placed on the Informal Calendar.

       SB 367, introduced by Senator Cauthorn, entitled:

       An Act to repeal section 105.935, RSMo, and to enact in lieu thereof one new section relating to state employees.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Cauthorn, SB 367 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 265, introduced by Senator Taylor, entitled:

       An Act to repeal section 247.085, RSMo, and to enact in lieu thereof one new section relating to public water supply districts.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Taylor, SB 265 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 288, introduced by Senator Klindt, entitled:

       An Act to authorize the conveyance of property owned by the state in Nodaway County to the Delta Nu Teke Association.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Klindt, SB 288 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.

       SB 289, with SCS, introduced by Senator Engler, entitled:

       An Act to repeal section 540.031, RSMo, and to enact in lieu thereof one new section relating to duties of grand juries.

       Was called from the Consent Calendar and taken up.

       SCS for SB 289, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 289

       An Act to repeal sections 540.031, RSMo, and to enact in lieu thereof one new section relating to duties of grand juries.

       Was taken up.

       Senator Engler moved that SCS for SB 289 be adopted, which motion prevailed.

       On motion of Senator Engler, SCS for SB 289 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 307, introduced by Senator Purgason, entitled:

       An Act to repeal section 105.454, RSMo, and to enact in lieu thereof one new section relating to city boards.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Purgason, SB 307 was read the 3rd time and passed by the following vote: