Journal of the Senate

FIRST REGULAR SESSION


SECOND DAY--THURSDAY, JANUARY 6, 2005


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

God of Light, the Christian world celebrates this day as the Epiphany of the Lord and we are mindful that You have made Your light known in our world and continue to reveal Yourself to Your people. Bless us now with such illumination that we may know You and others may see that light in us. Let us experience Your gentle directing us to do that which is right and according to Your will for each of 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.

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

Present--Senators
Bartle Bray 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 Steelman
Stoll Stouffer Taylor Vogel
Wheeler Wilson--34
Absent with leave--Senators--None
The Lieutenant Governor was present.


RESOLUTIONS

Senator Crowell offered Senate Resolution No. 14, regarding Al Stoverink, Cape Girardeau, which was adopted.

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

SENATE RESOLUTION NO. 15

BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to have placed in the Post Office of the Senate, or delivered each day to such other address as may be designated, Missouri newspapers for each Senator and each elected officer of the Senate, such papers to be designated by the Senator or officer, and the expenses of same to be paid out of the contingent fund of the Senate.

Senator Crowell offered Senate Resolution No. 16, regarding Anna Grace Hennemann, which was adopted.

Senator Gibbons moved that SR 13 be taken up for adoption, which motion prevailed.

Senator Gibbons offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Resolution No. 13, appearing on Page 36 of the Senate Journal for Wednesday, January 5, 2005, Column 1, Line 32 of said column, by striking the words "and statutory"; and further amend line 38 of said column, by striking the number "10" and inserting in lieu thereof the following: "9"; and

Further amend said resolution and page, column 2, line 1 of said column, by striking the number "5" and inserting in lieu thereof the following: "6"; and further amend line 20 of said column, by striking the words "and statutory".

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

On motion of Senator Gibbons, SA 13, as amended, was adopted by the following vote:

YEAS--Senators
Bartle Bray 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 Steelman
Stoll Stouffer Taylor Vogel
Wheeler Wilson--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

CONCURRENT RESOLUTIONS

Senator Gibbons moved that SCR 1 be taken up for adoption, which motion prevailed.

On motion of Senator Gibbons, SCR 1 was adopted by the following vote:

YEAS--Senators
Bartle Bray 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 Steelman
Stoll Stouffer Taylor Vogel
Wheeler Wilson--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None


COMMITTEE APPOINTMENTS

President Pro Tem Gibbons appointed the following committee, pursuant to SCR 1: Senators Callahan, Cauthorn, Champion, Clemens, Coleman, Dolan, Gibbons, Graham, Griesheimer, Gross, Green, Klindt, Loudon, Scott, Shields, Vogel, Wheeler, and Wilson.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and ordered printed:

SB 156-By Shields.

An Act to repeal sections 68.020 and 68.025, RSMo, and to enact in lieu thereof two new sections relating to port authorities.

SB 157-By Crowell.

An Act to repeal section 50.535, RSMo, and to enact in lieu thereof one new section relating to the county sheriff's revolving fund.

COMMUNICATIONS

Senator Shields submitted the following:

January 6, 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 15th Senate District Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

15th Senate District Caucus:

Senator Michael R. Gibbons

Representative Richard Byrd

Representative Jim Avery

Representative Margaret Donnelly

Representative Kathlyn Fares

Representative Jim Lembke

Representative Scott Muschany

Representative Charles Portwood

Representative Neal St. Onge

Representative Jodi Stefanick

Representative Michael Vogt

Also,

January 6, 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 Senate Democratic Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

Senate Democratic Caucus:

Joan Bray

Victor Callahan

Maida Coleman

Rita Days

Patrick Dougherty

Chuck Graham

Timothy Green

Harry Kennedy

Stephen Stoll

Charles Wheeler

Yvonne Wilson

Also,

January 6, 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 St. Charles County Area Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

St. Charles County Area Caucus:

Senator Chuck Gross

Senator Jon Dolan

Representative Carl Bearden

Representative Tom Dempsey

Representative Sherman Parker

Representative Scott Rupp

Representative Joe Smith

Representative Vicki Schneider

Representative Cynthia Davis

Representative Kevin Threlkeld

Representative Sally Faith

Also,

January 6, 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 Senate Republican Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

Senate Republican Caucus:

Matt Bartle

John Cauthorn

Norma Champion

Dan Clemens

Jason Crowell

Jon Dolan

Kevin Engler

Michael Gibbons

John Griesheimer

Chuck Gross

David Klindt

Chris Koster

John Loudon

Robert Mayer

Gary Nodler

Chuck Purgason

Luann Ridgeway

Delbert L. Scott

Charles W. Shields

Sarah Steelman

Bill Stouffer

Larry Gene Taylor

Carl Vogel

COMMITTEE APPOINTMENTS

President Pro Tem Gibbons submitted the following committee appointments:

ADMINISTRATION

Gibbons, Chair

Shields, Vice-Chair

Klindt

Coleman

Dougherty

AGING, FAMILIES, MENTAL AND PUBLIC HEALTH

Champion, Chair

Bartle, Vice-Chair

Stouffer

Clemens

Dolan

Taylor

Dougherty

Kennedy

Wheeler

AGRICULTURE, CONSERVATION, PARKS AND

NATURAL RESOURCES

Clemens, Chair

Stouffer, Vice-Chair

Cauthorn

Klindt

Mayer

Purgason

Coleman

Wheeler

Graham

APPROPRIATIONS

Gross, Chair

Nodler, Vice-Chair

Champion

Mayer

Purgason

Ridgeway

Dougherty

Bray

Wilson

COMMERCE, ENERGY AND THE ENVIRONMENT

Klindt, Chair

Engler, Vice-Chair

Dolan

Griesheimer

Ridgeway

Bartle

Bray

Callahan

Green

ECONOMIC DEVELOPMENT, TOURISM AND LOCAL GOVERNMENT

Griesheimer, Chair

Taylor, Vice-Chair

Crowell

Engler

Koster

Vogel

Kennedy

Wheeler

Wilson

EDUCATION

Nodler, Chair

Champion, Vice-Chair

Engler

Loudon

Mayer

Shields

Days

Wilson

Graham

FINANCIAL, GOVERNMENTAL ORGANIZATIONS, AND ELECTIONS

Scott, Chair

Crowell, Vice-Chair

Dolan

Engler

Koster

Nodler

Kennedy

Coleman

Wilson

GOVERNMENTAL ACCOUNTABILITY AND FISCAL

OVERSIGHT

Cauthorn, Chair

Loudon, Vice-Chair

Nodler

Stouffer

Days

Green

GUBERNATORIAL APPOINTMENTS

Gibbons, Chair

Shields, Vice-Chair

Crowell

Gross

Loudon

Purgason

Coleman

Callahan

Graham

JUDICIARY AND CIVIL AND CRIMINAL

JURISPRUDENCE

Bartle, Chair

Mayer, Vice-Chair

Koster

Loudon

Crowell

Vogel

Callahan

Wheeler

Graham

PENSIONS, VETERANS' AFFAIRS AND GENERAL LAWS

Crowell, Chair

Purgason, Vice-Chair

Scott

Gibbons

Koster

Ridgeway

Dougherty

Kennedy

Graham

SMALL BUSINESS, INSURANCE AND INDUSTRIAL

RELATIONS

Loudon, Chair

Vogel, Vice-Chair

Cauthorn

Klindt

Clemens

Scott

Days

Callahan

Green

TRANSPORTATION

Dolan, Chair

Griesheimer, Vice-Chair

Stouffer

Taylor

Bartle

Scott

Days

Bray

Callahan

WAYS AND MEANS

Vogel, Chair

Koster, Vice-Chair

Cauthorn

Griesheimer

Champion

Taylor

Coleman

Bray

Callahan

COMMUNICATIONS

Senator Stoll submitted the following:

January 6, 2005

The Honorable Joe Maxwell

Lieutenant Governor

State of Missouri

State Capitol, Room 121

Jefferson City, MO 65101

Dear Lieutenant Governor Maxwell:

I hereby resign my office as State Senator, District 22, effective January 6, 2005 at 12:00 noon.

Sincerely,

/s/ Stephen M. Stoll

Stephen M. Stoll

State Senator, 22nd District



RESOLUTIONS

Senator Gibbons offered Senate Resolution No. 17, regarding Ronald Timothy Kramer, Kirkwood, which was adopted.

Senator Gibbons offered Senate Resolution No. 18, regarding David Daniel Kramer, Kirkwood, which was adopted.

Senator Klindt offered Senate Resolution No. 19, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Orville Palmer, Trenton, which was

adopted.

Senator Klindt offered Senate Resolution No. 20, regarding Dr. William Chadwick McCoy, Chillicothe, which was adopted.

Senator Shields offered Senate Resolution No. 21, regarding the National Multiple Sclerosis Society, which was adopted.

On motion of Senator Shields, the Senate adjourned until 10:30 a.m., Monday, January 10, 2005.

SENATE CALENDAR

______



THIRD DAY-MONDAY, JANUARY 10, 2005

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 1-Loudon, et al

SB 2-Loudon and Gross

SB 3-Loudon

SB 4-Klindt

SB 5-Klindt

SB 6-Klindt

SB 7-Dougherty

SB 8-Dougherty

SB 9-Dougherty

SB 10-Cauthorn, et al

SB 11-Cauthorn

SB 12-Cauthorn and Klindt

SB 13-Kennedy

SB 14-Kennedy

SB 15-Kennedy

SB 16-Coleman

SB 17-Coleman

SB 18-Coleman

SB 19-Shields

SB 20-Shields

SB 21-Shields

SB 22-Griesheimer

SB 23-Griesheimer and Kennedy

SB 24-Griesheimer

SB 25-Champion, et al

SB 26-Champion and Wheeler

SB 27-Champion

SB 28-Dolan

SB 29-Dolan

SB 30-Dolan

SB 31-Bartle

SB 32-Bartle

SB 33-Bartle

SB 34-Clemens

SB 36-Nodler

SB 37-Nodler

SB 38-Nodler and Taylor

SB 39-Bray

SB 40-Bray

SB 41-Bray

SB 42-Days

SB 43-Days

SB 44-Wheeler and Bray

SB 45-Purgason

SB 46-Purgason

SB 47-Crowell

SB 48-Crowell

SB 49-Crowell

SB 50-Taylor and Nodler

SB 51-Taylor and Callahan

SB 52-Loudon

SB 53-Loudon

SB 54-Loudon

SB 55-Klindt

SB 56-Klindt

SB 57-Klindt

SB 58-Dougherty

SB 59-Dougherty

SB 60-Dougherty

SB 61-Cauthorn

SB 62-Cauthorn

SB 63-Cauthorn

SB 64-Kennedy

SB 65-Coleman

SB 66-Coleman

SB 67-Coleman

SB 68-Shields

SB 69-Shields and Wheeler

SB 70-Shields

SB 71-Griesheimer

SB 72-Griesheimer

SB 73-Champion

SB 74-Champion

SB 75-Champion and Wheeler

SB 76-Dolan

SB 77-Dolan

SB 78-Dolan

SB 79-Bartle

SB 80-Bartle

SB 81-Bartle

SB 82-Bray

SB 83-Bray

SB 84-Bray

SB 85-Crowell

SB 86-Crowell

SB 87-Klindt

SB 88-Klindt

SB 89-Dougherty

SB 90-Dougherty

SB 91-Dougherty

SB 92-Cauthorn

SB 93-Cauthorn

SB 94-Cauthorn

SB 95-Coleman

SB 96-Coleman

SB 97-Coleman and Champion

SB 98-Champion, et al

SB 99-Champion

SB 100-Champion

SB 101-Dolan

SB 102-Bartle

SB 103-Bartle

SB 104-Bartle

SB 105-Bray

SB 106-Bray

SB 107-Bray

SB 108-Dougherty

SB 109-Dougherty

SB 110-Dougherty

SB 111-Cauthorn

SB 112-Coleman

SB 113-Coleman

SB 114-Champion

SB 115-Bartle

SB 116-Bartle

SB 118-Bray

SB 119-Bray

SB 120-Bray

SB 121-Bray

SB 122-Nodler

SB 123-Bartle

SB 124-Nodler

SB 125-Taylor

SB 128-Coleman

SB 129-Vogel

SB 130-Clemens

SB 131-Loudon

SB 132-Ridgeway

SB 133-Loudon and Gross

SB 134-Wheeler

SB 135-Wheeler

SB 136-Champion

SB 137-Taylor

SB 138-Wheeler

SB 139-Wheeler

SB 140-Days

SB 141-Nodler

SB 142-Gross

SB 143-Gross

SB 144-Gross

SB 145-Dougherty

SB 146-Dougherty

SB 147-Cauthorn

SB 148-Nodler

SB 149-Nodler



SB 150-Green

SB 151-Green

SB 152-Wilson

SB 153-Graham

SB 154-Bray and Days

SB 155-Mayer

SB 156-Shields

SB 157-Crowell

SJR 1-Klindt

SJR 2-Klindt

SJR 3-Cauthorn

SJR 4-Cauthorn

SJR 5-Coleman

SJR 6-Bartle

SJR 7-Bartle

SJR 8-Bartle

SJR 9-Clemens

SJR 10-Purgason

SJR 11-Bartle

SJR 12-Taylor



Resolutions



HCR 1-Dempsey (Shields)

HCR 2-Dempsey (Shields)