“Keep your heart with all diligence, for out of it are the issues of life.” (Proverbs 4:23)

Dear God, we acknowledge that the heart is seen by us as the seat of human emotion and it does us well to search it thoroughly to make sure all is in order for we know what this coming week means for many Americans and to us and it’s time to celebrate Your victory over death. So we complete our work here and prepare to spend precious time with our families and with You and enjoy the gift of new life You offer. In Your Holy Name we pray. Amen.

	Present—Senators
Bartle	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—31

	Absent with leave—Senator Bray—1

	Vacancies—2

	The Lieutenant Governor was present.

Senator Clemens offered Senate Resolution No. 710, regarding Nixa Junior High School, which was adopted.

Senator Engler offered Senate Resolution No. 711, regarding Richard Ackfeld, De Soto, which was adopted.

Senator Cauthorn offered Senate Resolution No. 712, regarding Cheryl Clark, which was adopted.

Senator Cauthorn offered Senate Resolution No. 713, regarding the One Hundred Seventh Birthday of Mary Leonard, Vandalia, which was adopted.

WHEREAS, Southwest Missouri State University was founded on March 17, 1905, in Springfield, Missouri, as Missouri State Normal School, Fourth District; and

WHEREAS, Southwest Missouri State University has “Dared to Excel” for the past one hundred years; and

WHEREAS, the Southwest Missouri State University System, including its campuses in West Plains and Mountain Grove, is celebrating its Centennial year from July 1, 2004, through June 30, 2005; and

WHEREAS, during its one hundred years, the institution has successfully operated under four names, including Missouri State Normal School, Fourth District; Southwest Missouri State Teachers College; Southwest Missouri State College; and Southwest Missouri State University; and

WHEREAS, Southwest Missouri State University has “opened the door of opportunity” for countless students for the past century; and

WHEREAS, Southwest Missouri State University and its faculty, staff, and students have distinguished themselves in academics, in research, in public service, and in co-curricular activities; and

WHEREAS, since 1995, Southwest Missouri State University has been further distinguished by its statewide public affairs mission; and

WHEREAS, Southwest Missouri State University has had a profound effect on Springfield, southwest Missouri, the entire state, the nation, and the world; and

WHEREAS, Southwest Missouri State University has contributed to the economic development of the region and the state, impacting the area economy by nearly $2 million per day; and

WHEREAS, Southwest Missouri State University has improved the quality of life for citizens in Springfield, the region, and the state; and

WHEREAS, the future is bright for Southwest Missouri State University in the 21st Century:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-third General Assembly, join unanimously to honor Southwest Missouri State University as it celebrates Southwest Missouri State University Founders Day on March 17, 2005; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Southwest Missouri State University in Springfield.

WHEREAS, the price of natural gas in the United States, already the highest in the industrial world, has again spiked and shows continued volatility; and

WHEREAS, the current price of natural gas is equivalent to paying $16.00 for a gallon of milk, $12.70 for a pound of ground beef, or $9.21 for a gallon of gasoline; and

WHEREAS, abnormally high natural gas prices have been a $111 billion unanticipated burden on the economy of the United States over the past 18 months; and

WHEREAS, the United States is over-reliant on natural gas in our national energy supply, creating a tremendous imbalance between natural gas supply and demand; and

WHEREAS, the manufacturers, farmers, small businesses, local governments, and retailers are struggling from skyrocketing natural gas prices. Further, thousands of jobs in these industries are threatened since many of these businesses use natural gas as a raw material as well as an energy supply; and

WHEREAS, the natural gas imbalance is not a free market problem. The high price of natural gas is created by governmental policies that increase demand for natural gas while impeding the development of a greater supply by discouraging more exploration and production. Since natural gas is domestically produced and very hard to import, the United States cannot correct the imbalance by the importation of natural gas; and

WHEREAS, the Missouri General Assembly supports a sound, rational domestic energy policy:

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 urge the United States Congress to enact legislation in the 109th Congress establishing a domestic energy policy that will ensure an adequate supply of natural gas and the appropriate infrastructure. Such energy policy should develop a concerted national effort to promote greater energy efficiency and open promising new areas for environmentally responsible natural gas production; 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 President of the United States, the Speaker of the United States House of Representatives, and each member of the Missouri Congressional Delegation.

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 CCS for HCS for SS for SCS for SBs 1 and 130, as amended, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

The President Pro Tem announced that all other business would be suspended and CCS for HCS for SS for SCS for SBs 1 and 130, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

CCS for HCS for SS for SCS for SBs 1 and 130, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

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

Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which were referred SS for SB 539; and SS for SCS for SB 32, begs leave to report that it has considered the same and recommends that the bills do pass.

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 159, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 75 and SB 353, with SCS, respectfully requests that they be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 295, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 343, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 468, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 476, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

At the request of Senator Bartle, SS for SCS for SB 32 was placed on the Informal Calendar.

SENATE BILL NO. 539An 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, 208.640, 453.072, and 453.073, RSMo, and to enact in lieu thereof thirty new sections relating to health care and social services, with penalty provisions and an emergency clause and a termination date for a certain section.

On motion of Senator Purgason, SS for SB 539 was read the 3rd time and passed by the following vote:

	YEAS—Senators
Bartle	Cauthorn	Champion	Clemens
Crowell	Dolan	Gibbons	Griesheimer
Gross	Klindt	Koster	Loudon
Nodler	Purgason	Ridgeway	Scott
Shields	Stouffer	Taylor	Vogel—20

	NAYS—Senators
Callahan	Coleman	Days	Dougherty
Engler	Graham	Green	Kennedy
Mayer	Wheeler	Wilson—11

	Absent—Senators—None

	Absent with leave—Senator Bray—1

	Vacancies—2

The emergency clause failed to receive a constitutional majority by the following vote:

	YEAS—Senators
Bartle	Cauthorn	Clemens	Crowell
Dolan	Engler	Gibbons	Griesheimer
Gross	Klindt	Koster	Loudon
Mayer	Nodler	Purgason	Ridgeway
Scott	Shields	Stouffer	Taylor
Vogel—21

	NAYS—Senators
Callahan	Coleman	Days	Dougherty
Graham	Green	Kennedy	Wheeler
Wilson—9
	Absent—Senator Champion—1
	Absent with leave—Senator Bray—1
	Vacancies—2

RE: Constitutional Objections to be Included in the Senate Journal of this Date.

Pursuant to Senate Rule 68, please let this serve as my written objections to the signing of CCS/SS/SCS/HCS/HB 393. I ask that this letter be printed in the journal. My objections are as follows:

1. The bill violates the open courts provision of the Missouri Constitution contained in section 14 of article I.

2. The bill violates the constitutional mandate of section 5 of article V of the Missouri Constitution that the rules of practice and procedure of the courts of justice are to be established by the Missouri Supreme Court not the Missouri General Assembly.

3. The bill contains more than one subject in violation of section 23 of article III of the Missouri Constitution in that it contains provisions relating not for profit corporations (chapter 355), legal tender and interest (chapter 408), evidence (chapter 490), venue (chapter 508), pleadings (chapter 510), appeals and appellate procedure (chapter 512), costs in civil cases (chapter 514), statutes of limitation (chapter 516), torts and actions for damages (chapter 537), and tort actions based upon improper health care (chapter 538).

4. The bill violates section 23 of article III of the Missouri Constitution in that the subject of the bill was not clearly expressed in the title. According to the title of CCS/SS/SCS/HCS/HB 393, the bill relates to “claims for damages and the payment thereof.” This title clearly fails to encompass all of the subjects described in paragraph 3 of this letter.

The President Pro Tem announced that all other business would be suspended and CCS for SS for SCS for HCS for HB 393, having passed both branches of the General Assembly, would be read at length by the Secretary, the bill would be signed by the President Pro Tem to the end that it may become law. The bill was so read by the Secretary and signed by the President Pro Tem.

Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 274, begs leave to report that it has considered the same and recommends that the bill do pass.

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 462, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

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.

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 362, begs leave to report that it has considered the same and recommends that the bill do pass.

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

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.

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.

On behalf of Senator Champion, Chairman of the Committee on Aging, Families, Mental and Public Health, Senator Shields submitted the following reports:

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 316, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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.

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

Mr. President: Your Committee on Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 346, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Mr. President: Your Committee on Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 284, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

President Pro Tem Gibbons referred SCR 9, SCR 10, and SCR 11 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

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 refuses to concur in SCS for HCS for HB 14, as amended, and request the Senate to recede from its position and failing to do so grant the House a conference thereon.

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 348, entitled:

An Act to amend chapter 41, RSMo, by adding thereto three new sections relating to the protection of military facilities and personnel, with an emergency clause.

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 564, entitled:

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

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 437, entitled:

An Act to repeal section 173.239, RSMo, and to enact in lieu thereof three new sections relating to Missouri military family relief.

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 243, entitled:

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 423, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Highway Patrolman Robert Kolilis Memorial Highway.

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 431, entitled:

An Act to repeal section 99.918, RSMo, and to enact in lieu thereof one new section relating to economic stimulus.

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 567, entitled:

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

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 58, entitled:

An Act to repeal sections 49.082, 49.093, 49.272, 50.343, 50.760, 50.770, 50.780, 55.160, 67.1850, 71.794, 82.291, 82.1025, 94.700, 247.060, 247.180, 249.1150, 249.112, 250.140, 278.240, 321.120, 321.190, 321.322, 321.603, 447.620, 447.622, 447.625, 447.640, and 573.505, RSMo, and to enact in lieu thereof forty-four new sections relating to political subdivisions, with an emergency clause for a certain section.

Senator Gross moved that the Senate refuse to recede from its position on SCS for HCS for HB 14, as amended, and grant the House a conference thereon, which motion prevailed.

President Pro Tem Gibbons appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 14, as amended: Senators Gross, Nodler, Champion, Dougherty and Bray.

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:

K. Gary Sherman, 1414 Park Avenue, Laramie, Albany County, Wyoming 82070, as the Director of the Department of Social Services, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, Steve Roling.

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

Luther J. Rollins, Democrat, 432A Maryland Avenue, Saint Louis, Missouri 63108, as a member of the Harris-Stowe State College Board of Regents, for a term ending July 7, 2010, and until his successor is duly appointed and qualified; vice, Donald Wolff, withdrawn.

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

Herewith I return to you Senate Substitute for Senate Committee Substitute for Senate Bill No.98 entitled:

To repeal section 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 March 17, 2005, I approved said Senate Substitute for Senate Committee Substitute for Senate Bill No. 98.

Senator Stouffer offered Senate Resolution No. 715, regarding Andrew Kueker, Sweet Springs, which was adopted.

Senator Stouffer offered Senate Resolution No. 716, regarding Mr. and Mrs. Bobbie Joe Wells, Higginsville, which was adopted.

Senator Stouffer offered Senate Resolution 717, regarding the birth of Carter Hudson Taylor, Pilot Grove, which was adopted.

Senator Stouffer offered Senate Resolution No. 718, regarding the birth of Gage Bryan Sultrop, Fayette, which was adopted.

Senator Stouffer offered Senate Resolution No. 719, regarding the birth of David Eugene Butts, Jr., Marshall, which was adopted.

Senator Stouffer offered Senate Resolution No. 720, regarding the birth of Morgan Ashley Farris, Macon, which was adopted.

Senator Stouffer offered Senate Resolution No. 721, regarding the birth of Whitney Laine Todd, Higginsville, which was adopted.

Senator Stouffer offered Senate Resolution No. 722, regarding the birth of Miah Lyn Bennett, Higginsville, which was adopted.

Senator Stouffer offered Senate Resolution No. 723, regarding the birth of Joseph Gerard Behnen, Kirksville, which was adopted.

Senator Stouffer offered Senate Resolution No. 724, regarding the birth of Tyler Wilson Johnson, St. Louis, which was adopted.

Senators Stouffer and Ridgeway offered Senate Resolution No. 725, regarding Dalton Boggs, Kearney, which was adopted.

Senator Vogel offered Senate Resolution No. 726, regarding Glenna Henry, Holts Summit, which was adopted.

Senator Cauthorn introduced to the Senate, Deb Catlett, Judy Clardy, Paula Chapman, Travelle Whitaker, Diane Thorsen, Glenita Briedwell, Pam Windtberg, Mae Vannatta, Bonnie Whorton Ewing, Juanitta Turnbough, Alberta Studer, Jill Pflantz, Diana Hendrix, Vida Greening, Jeanne Perrigo, Mathew Eder, Larry Shaffer, Barbara Smith and Sharon Colbert from Adair, Marion, Ralls, Clark, Monroe, Macon, Schuyler, Knox, Lewis and Randolph Counties.

Senator Engler introduced to the Senate, his son, Daniel, Joshua Belfield and David Halley, Farmington.

Senator Graham introduced to the Senate, the Physician of the Day, Dr. Gene Worth, M.D., Columbia.

On motion of Senator Shields, the Senate adjourned until 11:00 a.m., Thursday, March 24, 2005.