Journal of the Senate

FIRST REGULAR SESSION

VETO SESSION


SECOND DAY--THURSDAY, SEPTEMBER 11, 2003


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Remember my affliction and bitterness, the wormwood and the gall! My soul continually thinks of it and is bowed down within me. But this I call to mind, and therefore I have hope. The steadfast love of the Lord never ceases, his mercies never come to an end; ..." (Lamentations 3:19-22)

Gracious God, we are mindful of this day and those who brought death, pain and grief to our people. We remember that amidst the charred ruins and bitterness we experienced we turned to You and You comforted us and gave us hope. In this hope may we find both individually and as a nation, ways to put an end to the violence, and help us enjoy peace and harmony among all people. And Lord may it begin with us. 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.

Photographers from the Associated Press, KRCG-TV, KSDK-TV, WDAF-TV, KOLR-TV, KOMU-TV, KMIZ-TV and KMOV-TV were given permission to take pictures in the Senate Chamber today.

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

Present--Senators
Bartle Bland Bray Caskey
Cauthorn Champion Childers Clemens
Coleman Days Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
Absent with leave--Senators--None
Vacancies--1
The Lieutenant Governor was present.

Senator Gibbons moved that the Senate proceed to the order of business, Vetoed Bills, and that the calendar be called, which motion prevailed.

Senator Scott moved that SS for SS for SCS for SB 280 be passed, the objections of the Governor thereto notwithstanding, which motion failed to receive the necessary two-thirds majority by the following vote:

YEAS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Foster Gibbons
Goode Griesheimer Gross Kinder
Klindt Loudon Nodler Russell
Scott Shields Vogel Wheeler
Yeckel--21
NAYS--Senators
Bland Bray Caskey Coleman
Days Dougherty Jacob Kennedy
Mathewson Quick Steelman Stoll--12
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1

Senator Kinder moved that SS for SB 13 be passed, the objections of the Governor thereto notwithstanding.

At the request of Senator Kinder, the above motion was withdrawn for the purpose of allowing the Senate to recess to participate in 9-11 observance ceremonies.

The President stated that the Senate, upon reconvening would return to the order of business of Vetoed Bills and begin calling the calendar starting with SS for SB 13.

On motion of Senator Gibbons, the Senate recessed until 1:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Maxwell.

Senator Gross assumed the Chair.

Senator Kinder moved that SS for SB 13 be passed, the objections of the Governor thereto notwithstanding, which motion received the necessary two-thirds majority by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Foster
Gibbons Goode Griesheimer Gross
Kinder Klindt Loudon Nodler
Russell Scott Shields Steelman
Stoll Vogel Yeckel--23
NAYS--Senators
Bland Bray Coleman Days
Dougherty Jacob Kennedy Mathewson
Quick Wheeler--10
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1

MESSAGES FROM THE HOUSE

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 has passed Senate Substitute for House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, the objections of the Governor thereto notwithstanding.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the attached is a certified copy of the Roll Call on Senate Substitute for House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328.

AYES: 115
Abel Angst Avery Baker Barnitz
Bean Bearden Behnen Bivins Black
Bough Bringer Brown Bruns Byrd
Cooper 120 Cooper 155 Crawford Crowell Cunningham 145
Cunningham 86 Davis 122 Davis 19 Deeken Dempsey
Dethrow Dixon Dougherty Dusenberg Emery
Engler Ervin Goodman Green Guest
Hampton Harris 110 Henke Hobbs Holand
Hunter Icet Jackson Jetton Johnson 47
Kelly 144 Kelly 36 King Kingery Kuessner
Lager Lawson Lembke LeVota Liese
Lipke Luetkemeyer Marsh May Mayer
McKenna Miller Moore Morris Munzlinger
Myers Nieves Parker Pearce Phillips
Portwood Pratt Purgason Quinn Ransdall
Rector Reinhart Richard Roark Ruestman
Rupp Sager Salva Sander Schaaf
Schlottach Schneider Seigfreid Selby Self
Shoemaker Shoemyer Smith 118 Smith 14 St. Onge
Stefanick Stevenson Sutherland Taylor Threlkeld
Townley Viebrock Wagner Wallace Ward
Wasson Whorton Wilson 119 Wilson 130 Witte
Wood Wright Yates Young Madam Speaker
NOES: 043
Bishop Bland Boykins Brooks Burnett
Campbell Carnahan Corcoran Curls Darrough
Daus Donnelly El-Amin Fares Fraser
Graham Haywood Hilgemann Hoskins Hubbard
Johnson 61 Johnson 90 Jolly Jones Lowe
Meiners Muckler Page Schoemehl Skaggs
Spreng Thompson Villa Vogt Walker
Walsh Walton Wildberger Willoughby Wilson 25
Wilson 42 Yaeger Zweifel
PRESENT: 001
Kratky
ABSENT WITH LEAVE: 002
George Harris 23
VACANCIES: 002

Senator Caskey moved that SS for HS for HCS for HBs 349, 120, 136 and 328 be passed, the objections of the Governor notwithstanding, which motion received the necessary two-thirds majority by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Foster
Gibbons Griesheimer Gross Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Stoll Vogel Yeckel--23
NAYS--Senators
Bland Bray Coleman Days
Dougherty Goode Jacob Kennedy
Quick Wheeler--10
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1

MESSAGES FROM THE HOUSE

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 has passed House Substitute for House Committee Substitute for House Bill No. 156, the objections of the Governor thereto notwithstanding.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the attached is a certified copy of the Roll Call on House Substitute for House Committee Substitute for House Bill No. 156.

AYES: 121
Angst Avery Baker Barnitz Bean
Bearden Behnen Bivins Black Bough
Bringer Brown Bruns Burnett Byrd
Cooper 120 Cooper 155 Crawford Crowell Cunningham 145
Cunningham 86 Daus Davis 122 Davis 19 Deeken
Dempsey Dethrow Dixon Dougherty Dusenberg
Emery Engler Ervin Goodman Green
Guest Hampton Harris 110 Henke Hobbs
Holand Hunter Icet Jackson Jetton
Kelly 144 Kelly 36 King Kingery Kratky
Kuessner Lager Lawson Lembke LeVota
Liese Lipke Luetkemeyer Marsh May
Mayer McKenna Meiners Miller Moore
Morris Muckler Munzlinger Myers Nieves
Parker Pearce Phillips Portwood Pratt
Purgason Quinn Ransdall Rector Reinhart
Richard Roark Ruestman Rupp Salva
Sander Schaaf Schlottach Schneider Schoemehl
Seigfreid Selby Self Shoemaker Shoemyer
Smith 118 Smith 14 Spreng St. Onge Stefanick
Stevenson Sutherland Taylor Threlkeld Townley
Viebrock Villa Vogt Wagner Wallace
Walsh Ward Wasson Wildberger Wilson 119
Wilson 130 Wood Wright Yaeger Yates
Madam Speaker
NOES: 038
Abel Bishop Bland Boykins Brooks
Campbell Carnahan Corcoran Curls Darrough
Donnelly El-Amin Fares Fraser Graham
Haywood Hilgemann Hoskins Hubbard Johnson 47
Johnson 61 Johnson 90 Jolly Jones Lowe
Page Sager Skaggs Thompson Walker
Walton Whorton Willoughby Wilson 25 Wilson 42
Witte Young Zweifel
PRESENT: 000
ABSENT WITH LEAVE: 002
George Harris 23
VACANCIES: 002

Senator Cauthorn moved that HS for HCS for HB 156 be passed, the objections of the Governor notwithstanding.

Senator Jacob offered a substitute motion that the bill lay on the table to a date certain twenty-four hours from now.

Senator Shields raised the point of order that the substitute motion made by Senator Jacob is out of order as it is not a true substitute motion.

The point of order was referred to the President Pro Tem.

At the request of Senator Jacob, the substitute motion was withdrawn, rendering the point of order moot.

Senator Jacob moved that the motion made by Senator Cauthorn lay on the table for a twenty-four hour waiting period.

Senator Cauthorn inquired of the President regarding the disposition of the point of order raised by Senator Shields.

Senator Jacob was recognized to speak on his motion.

Senator Shields raised the point of order that Senator Jacob's speaking on the motion is out of order as it is non-debatable.

The point of order was referred to the President Pro Tem.

Senator Jacob raised the point of order that Senator Shields' point of order is out of order as it is not timely, in that a member had previously been recognized to speak on the motion.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

At the request of Senator Shields, his point of order was withdrawn.

Senator Jacob requested a roll call vote be taken on his motion and was joined in his request by Senators Bray, Coleman, Days and Jacob.

The motion made by Senator Jacob failed of adoption by the following vote:

YEAS--Senators
Bland Bray Coleman Days
Dougherty Goode Jacob Quick
Wheeler--9
NAYS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Foster
Gibbons Griesheimer Gross Kennedy
Kinder Klindt Loudon Mathewson
Nodler Russell Scott Shields
Steelman Stoll Vogel Yeckel--24
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1

HS for HCS for HB 156 received the necessary two-thirds majority to pass, the objections of the Governor notwithstanding, by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Dougherty
Foster Gibbons Griesheimer Gross
Kennedy Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Stoll Vogel
Yeckel--25
NAYS--Senators
Bland Bray Coleman Days
Goode Jacob Quick Wheeler--8
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1


Senator Childers moved that CCS for HS for HCS for SCS for SB 199 be passed, the objections of the Governor notwithstanding, which motion failed to receive the necessary two-thirds majority by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Foster
Gibbons Griesheimer Gross Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Vogel Yeckel--22
NAYS--Senators
Bland Bray Coleman Days
Dougherty Jacob Kennedy Quick
Stoll Wheeler--10
Absent--Senator Goode--1
Absent with leave--Senators--None
Vacancies--1

RESOLUTIONS

Senator Gibbons offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 3

BE IT RESOLVED by the Senate that the Secretary of Senate inform the House of Representatives that the Senate, having been duly convened as provided by Section 32, Article III of the Constitution, made no motion to override the Governor's vetoes of

House Committee Substitute for Senate Committee Substitute for Senate Bill No. 7; Senate Committee Substitute for Senate Bill No. 29; Senate Bill No. 203; Senate Committee Substitute No. 2 for Senate Bill No. 224; Senate Bill No. 250; House Committee Substitute for Senate Committee Substitute for Senate Bill No. 358; House Committee Substitute for Senate Bill No. 401; and Senate Bill No. 425 when the bills were so called by the President.

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 HR 2.

HOUSE RESOLUTION NO. 2

BE IT RESOLVED by the House of Representatives, that the Chief Clerk of the House inform the Senate that the House, having been duly convened as provided by Section 32, Article III of the Constitution, made no motions to override the Governor's vetoes on CCS for SCS for HS for HB 2, CCS for SCS for HS for HB 3, CCS for SCS for HS for HB 10, CCS for SCS for HS for HB 11, HB 278, HB 375, HB 376 and HCS for HB 493 when the bills were called by the Speaker.

INTRODUCTIONS OF GUESTS

Senator Griesheimer introduced to the Senate, his cousin Mary Ann Neier, and her husband Charlie; and their daughter Shawna Wells and her husband Fred Wells, St. Clair.

On motion of Senator Gibbons, the Senate adjourned until 10:45 a.m., Friday, September 12, 2003.