Journal of the Senate

FIRST REGULAR SESSION


TENTH DAY--MONDAY, JANUARY 24, 2005


The Senate met pursuant to adjournment.

President Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"Do not be conformed to this world, but be transformed by the renewing of your minds, so that you may discern what is the will of God." (Romans 12:2)

Almighty God, we begin a new week and ask that we may have uncompromising obedience to what You would have us do here. Bless each of us with Your living word so that we might deal effectively with whatever comes our way. 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 for Thursday, January 20, 2005, 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 Stouffer
Taylor Vogel Wheeler Wilson--32
Absent with leave--Senators--None
Vacancies--2
The Lieutenant Governor was present.

RESOLUTIONS

Senator Koster offered Senate Resolution No. 115, regarding the birth of Blair Edmund Van Biber, Independence, which was adopted.

Senator Kennedy offered Senate Resolution No. 116, regarding Diane Laubenthal, St. Louis, which was adopted.

Senator Stouffer offered Senate Resolution No. 117, regarding the Ninety-sixth Birthday of Velma Luetta Branstetter Wolfender, Bowling Green, which was adopted.

Senator Cauthorn offered Senate Resolution No. 118, regarding the One Hundred Sixth Birthday of Wilda May Beamer, Madison, which was adopted.

Senator Scott offered Senate Resolution No. 119, regarding the One Hundredth Birthday of Laverta Gatliff, Warsaw, which was adopted.

Senator Crowell offered Senate Resolution No. 120, regarding Warren and Betty Hearnes, Charleston, which was adopted.

Senator Crowell offered Senate Resolution No. 121, regarding James P. "Jim" Limbaugh, Cape Girardeau, which was adopted.

Senator Champion offered Senate Resolution No. 122, regarding Brian Lane Thomas, Springfield, which was adopted.

Senators Gibbons and Kennedy offered Senate Resolution No. 123, regarding the One Hundred Twenty-fifth Anniversary of the St. Lucas United Church of Christ, St. Louis, which was adopted.

Senators Nodler, Clemens and Taylor offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 124

WHEREAS, the members of the Missouri Senate were truly saddened to learn of the death of Phillip S. "Phil" Huffman of Hartville on Tuesday, January 11, 2005, at the age of sixty-one; and

WHEREAS, a prominent attorney and civic leader, Phil Huffman was born into the loving family of M.J. and Lylian Huffman and was reared in Hartville, Missouri; and

WHEREAS, Phil Huffman attended the University of Missouri-Columbia where he earned a Juris Doctorate from the School of Law, joined Beta Theta Pi, and met his future wife, Sherry Ryals of Unionville; and

WHEREAS, after graduation Phil Huffman joined the private practice of law in cooperation with his father with additional legal endeavors as City Attorney, Prosecuting Attorney, Associate Circuit Judge, and member of the Legal Services of Southern Missouri Board; and

WHEREAS, Phil Huffman proved to be an invaluable member of the Hartville community through his volunteer efforts with Little League baseball and Lions Club, as a lay minister with the Methodist Church, and as Master of Ceremonies for numerous parades and Fourth of July fireworks displays; and

WHEREAS, Phil Huffman truly enjoyed helping others, fostering a sense of community in his hometown, playing golf, investigating local history, solving puzzles, discussing politics and sports with his sister, Marilyn, opening his home to friends, and playing games; and

WHEREAS, Phil Huffman received a tremendous amount of pleasure from spending time with his family, which grew to include two wonderful children, Hilary and Grierson:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-third General Assembly, join unanimously to memorialize the life and work of Phil Huffman and to convey this legislative body's most heartfelt condolences to the family members, colleagues, friends, and neighbors who now miss his considerable warmth and light in their daily lives; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in memory of Phillip S. Huffman of Hartville, Missouri.

Senator Champion offered Senate Resolution No. 125, regarding Susan Cole, Springfield, which was adopted.

CONCURRENT RESOLUTIONS

Senator Shields moved that HCR 2 be taken up for adoption, which motion prevailed.

Senator Shields offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend House Concurrent Resolution No. 2, appearing on Page 26 of the Senate Journal for Wednesday, January 5, 2005, Column 1, Lines 45-46, by striking the words "10:30 a.m." and inserting in lieu thereof the following: "6:45 p.m.".

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

On motion of Senator Shields, HCR 2, as amended, was adopted by the following vote:

YEAS--Senators
Bartle Bray Callahan Cauthorn
Champion Clemens Coleman Crowell
Days Dolan Dougherty Engler
Gibbons Graham Griesheimer Gross
Kennedy Klindt Koster Loudon
Mayer Nodler Purgason Ridgeway
Scott Shields Stouffer Taylor
Vogel Wheeler Wilson--31
NAYS--Senators--None
Absent--Senator Green--1
Absent with leave--Senators--None
Vacancies--2

INTRODUCTION OF BILLS

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

SB 214-By Scott, Griesheimer, Dolan, Vogel, Graham, Engler, Shields, Loudon, Bartle and Clemens.

An Act to repeal section 192.935, RSMo, and to enact in lieu thereof two new sections relating to vision examinations for school children.

SB 215-By Days, Dougherty, Wilson, Bray and Green.

An Act to amend chapter 362, RSMo, by adding thereto one new section relating to electronic transfer of funds by electronic terminals.

SB 216-By Champion.

An Act to amend chapter 492, RSMo, by adding thereto one new section relating to depositions of state crime laboratory employees.

SB 217-By Gross.

An Act to repeal section 287.845, RSMo, and to enact in lieu thereof two new sections relating to retirement.

SB 218-By Klindt.

An Act to repeal section 392.245, RSMo, and to enact in lieu thereof one new section relating to telecommunications.

SB 219-By Dolan.

An Act to repeal section 143.161, RSMo, and to enact in lieu thereof one new section relating to Missouri dependency exemptions.

SB 220-By Dolan.

An Act to repeal sections 537.600 and 537.610, RSMo, and to enact in lieu thereof two new sections relating to sovereign immunity.

SB 221-By Dolan.

An Act to repeal section 304.015, RSMo, and to enact in lieu thereof one new section relating to the operation of large trucks in certain highway lanes, with penalty provisions.

SENATE BILLS FOR PERFECTION

Senator Vogel moved that SB 176 be taken up for perfection, which motion prevailed.

Senator Nodler assumed the Chair.

Senator Graham offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 176, Pages 2-4, Section 94.1012, Lines 1-71, by striking all of said section; and further amend the title and enacting clause accordingly.

Senator Graham moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Dolan, Green, Wheeler and Wilson.

SA 1 failed of adoption by the following vote:

YEAS--Senators
Coleman Days Graham Wilson--4
NAYS--Senators
Bartle Bray Callahan Cauthorn
Champion Clemens Crowell Dolan
Dougherty Engler Gibbons Green
Griesheimer Gross Kennedy Klindt
Koster Loudon Mayer Nodler
Purgason Ridgeway Shields Stouffer
Taylor Vogel Wheeler--27
Absent--Senator Scott--1
Absent with leave--Senators--None
Vacancies--2

On motion of Senator Vogel, SB 176 was declared perfected and ordered printed.

REFERRALS

President Pro Tem Gibbons referred the Gubernatorial Appointments appearing on Pages 98-101 of the Senate Journal for Thursday, January 20, 2005, to the Committee on Gubernatorial Appointments.

SECOND READING OF SENATE BILLS

The following Bills and Joint Resolution were read the 2nd time and referred to the Committees indicated:

SB 160--Judiciary and Civil and Criminal Jurisprudence.

SB 185--Small Business, Insurance and Industrial Relations.

SB 186--Financial and Governmental Organi-zations and Elections.

SB 187--Agriculture, Conservation, Parks and Natural Resources.

SB 188--Ways and Means.

SB 189--Ways and Means.

SB 190--Financial and Governmental Organi-zations and Elections.

SB 191--Judiciary and Civil and Criminal Jurisprudence.

SB 192--Commerce, Energy and the Environ-ment.

SB 193--Agriculture, Conservation, Parks and Natural Resources.

SB 194--Judiciary and Civil and Criminal Jurisprudence.

SB 195--Ways and Means.

SB 196--Ways and Means.

SB 197--Education.

SB 198--Judiciary and Civil and Criminal Jurisprudence.

SB 199--Pensions, Veterans' Affairs and General Laws.

SB 200--Economic Development, Tourism and Local Government.

SB 201--Financial and Governmental Organi-zations and Elections.

SB 202--Pensions, Veterans' Affairs and General Laws.

SB 203--Aging, Families, Mental and Public Health.

SB 204--Aging, Families, Mental and Public Health.

SB 205--Commerce, Energy and the Environ-ment.

SB 206--Economic Development, Tourism and Local Government.

SB 207--Ways and Means.

SB 208--Aging, Families, Mental and Public Health.

SB 209--Transportation.

SB 210--Economic Development, Tourism and Local Government.

SB 211--Small Business, Insurance and Industrial Relations.

SB 212--Small Business, Insurance and Industrial Relations.

SB 213--Financial and Governmental Organi-zations and Elections.

SJR 13--Financial and Governmental Organ-izations and Elections.

RE-REFERRALS

President Pro Tem Gibbons re-referred SB 131 to the Committee on Small Business, Insurance and Industrial Relations.

REPORTS OF STANDING COMMITTEES

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 SB 176, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

COMMUNICATIONS

President Pro Tem Gibbons submitted the following:

January 24, 2005

Mrs. Terry Spieler

Secretary of the Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Senate Appointment to the Missouri Health Facilities Review Board

Dear Terry:

Pursuant to Section 197.310, RSMo, I am appointing Senator Yvonne Wilson to the Missouri Health Facilities Review Board to replace Senator Mary Bland.

If you have any questions, do not hesitate to contact me.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS



INTRODUCTIONS OF GUESTS

Senator Koster introduced to the Senate, Robbie Makinen and his son, Michael Thomas, Independence; and Michael was made an honorary page.

Senator Koster introduced to the Senate, Pastor David Baker, Belton; and Pastor Daniel Boingeanu, Suceava, Romania.

Senator Griesheimer introduced to the Senate, Dr. Ed Obermark, Washington.

Senator Graham introduced to the Senate, Julie Starr and her daughter, Rachel, Columbia.

Senator Stouffer introduced to the Senate, Nathan White, Norborne.

On motion of Senator Shields, the Senate adjourned under the rules.

SENATE CALENDAR

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ELEVENTH DAY-TUESDAY, JANUARY 25, 2005

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FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 214-Scott, et al

SB 215-Days, et al

SB 216-Champion

SB 217-Gross

SB 218-Klindt

SB 219-Dolan

SB 220-Dolan

SB 221-Dolan THIRD READING OF SENATE BILLS



SB 176-Vogel & Mayer

RESOLUTIONS



HCR 10-Dempsey (Shields)