Journal of the Senate

FIRST REGULAR SESSION

FORTY-FIFTH DAY—THURSDAY, MARCH 31, 2005

       The Senate met pursuant to adjournment.

       Senator Mayer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “But shouts of joy and gladness for all who take pleasure in my virtue; give them constant cause to say, ‘Great is Yahweh, who like to see his servant at peace!’” (Psalm 36:27)

          Almighty God, we pray that we may always be about that which You desire that our lives may reflect Your virtue in the bills we pass and the way we live our lives. May we be so delighted in each day You give us, some for work, some for fun and some for love, that our hearts may shout for the joy we experience in Your presence and the good we are capable of accomplishing. 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 Days offered Senate Resolution No. 867, regarding Jeanette Eberlin-Rizzello, Hazelwood, which was adopted.

       Senator Stouffer offered Senate Resolution No. 868, regarding Donald E. Alvord, Macon, which was adopted.

       Senator Scott offered Senate Resolution No. 869, regarding the memory of Hazel Frances Boomershine Scott, which was adopted.

       Senator Champion offered Senate Resolution No. 870, regarding Howard C. Wright, Jr., Springfield, which was adopted.

SENATE BILLS FOR PERFECTION

       At the request of Senator Scott, SB 476 was placed on the Informal Calendar.

       At the request of Senator Stouffer, SB 362 was placed on the Informal Calendar.

       Senator Bartle moved that SB 343 be taken up for perfection, which motion prevailed.

       Senator Bartle offered SS for SB 343, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 343

       An Act to repeal sections 99.960 and 135.284, RSMo, section 99.845, 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 and senate bill no. 235, ninety-second general assembly, first regular session, and section 99.845 as enacted by senate committee substitute for senate bill no. 620, ninety-second general assembly, first regular session, and to enact in lieu thereof ten new sections relating to job development programs administered by the department of economic development.

       Senator Bartle moved that SS for SB 343 be adopted.

       Senator Koster assumed the Chair.

       At the request of Senator Bartle, SB 343, with SS (pending), was placed on the Informal Calendar.

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, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

       Robert B. Wylie, as a member of the Missouri Fire Safety Advisory Board;

       Also,

       Valerie J. White, as a member of the Missouri Women’s Council;

       Also,

       Jerry M. Hunter, as a member of the Regional Convention and Sports Complex Authority;

       Also,

       Mark A. Fohey, as a member of the Air Conservation Commission;

       Also,

       Edward S. Stevens, Richard D. Johnson and Kevin C. Sprouse, as members of the Life Sciences Research Committee;

       Also,

       R. Randolph Beckner, as a member of the Drug Utilization Review Board;

       Also,

       K. Gary Sherman, as the Director of the Department of Social Services.

       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, which motion prevailed.

SENATE BILLS FOR PERFECTION

       Senator Bartle moved that SB 343, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       SS for SB 343 was again taken up.

       Senator Bartle offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Bill No. 343, Page 27, Section 99.960, Line 22, by striking the word “thirteen” and inserting in lieu thereof the word “eight”; and further amend said bill, page 40, Section 620.1881 line 22 by striking the word “three” and inserting in lieu thereof the following: “eight”; and further amend line 23 by striking the word “seven” and inserting in lieu thereof the word “two”.

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

       Senator Bray offered SA 2, which was read:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Bill No. 343, Page 34, Section 620.1878, Line 4, by inserting after all of said line the following “(h) Any company that has been found guilty of or has pleaded guilty to violating any labor, health and safety, or environmentally related laws, whether federal or state, within the last five years;”

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

       Senator Bartle moved that SS for SB 343, as amended, be adopted, which motion prevailed.

       On motion of Senator Bartle, SS for SB 343, as amended, was declared perfected and ordered printed.

COMMUNICATIONS

       Senator Shields submitted the following:

March 31, 2005

Ms. Terry Spieler

Secretary of the Senate

State Capitol, Office 325

Jefferson City, MO 65101

Dear Ms. Spieler

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members present voted to unanimously approve the 93rd General Assembly’s FFA Senate Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

FFA Senate Caucus:

Senator Larry Gene Taylor

Senator John Griesheimer

Senator John Cauthorn

Senator Dan Clemens

Senator Rob Mayer

Senator Bill Stouffer

Senator Harry Kennedy

Senator Gary Nodler

Senator David Klindt

Senator Chuck Graham                                              

       Senator Bartle assumed the Chair.

THIRD READING OF SENATE BILLS

       SB 68, with SCS, introduced by Senator Shields, entitled:

       An Act to repeal section 144.030, RSMo, and to enact in lieu thereof one new section relating to exemptions from state and local sales and use tax.

       Was called from the Consent Calendar and taken up.

       SCS for SB 68, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 68

       An Act to repeal section 144.030, RSMo, and to enact in lieu thereof one new section relating to exemptions from state and local sales and use tax.

       Was taken up.

       Senator Shields moved that SCS for SB 68 be adopted, which motion prevailed.

       On motion of Senator Shields, SCS for SB 68 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.

REPORTS OF STANDING COMMITTEES

       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 was referred SS for SCS for SB 269; SB 318; and SB 323, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

       SB 318, introduced by Senator Crowell, entitled:

       An Act to repeal sections 36.031, 361.170, and 370.107, RSMo, and to enact in lieu thereof three new sections relating to compensation for financial institution regulators.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Crowell, SB 318 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 453, introduced by Senator Loudon, entitled:

       An Act to repeal section 82.291, RSMo, and to enact in lieu thereof one new section relating to removal of nuisances, with an expiration date.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Loudon, SB 453 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.

       SB 431, introduced by Senator Callahan, entitled:

       An Act to repeal section 144.518, RSMo, and to enact in lieu thereof two new sections relating to local sales taxes for museum and tourism-related activities, with an emergency clause.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Callahan, SB 431 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 Callahan, title to the bill was agreed to.

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

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

       SB 392, with SCS, introduced by Senator Coleman, entitled:

       An Act to authorize the sale of certain state property.

       Was called from the Consent Calendar and taken up.

       SCS for SB 392, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 392

       An Act to authorize the sale of certain state property, with an emergency clause.

       Was taken up.

       Senator Coleman moved that SCS for SB 392 be adopted, which motion prevailed.

       On motion of Senator Coleman, SCS for SB 392 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 Coleman, title to the bill was agreed to.

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

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

       SB 380, introduced by Senator Wheeler, entitled:

       An Act to repeal section 182.707, RSMo, and to enact in lieu thereof one new section relating to qualifications of the chief executive officer of the urban public library district.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Wheeler, SB 380 was read the 3rd time and passed by the following vote: