Journal of the Senate

FIRST REGULAR SESSION


THIRTEENTH DAY--THURSDAY, JANUARY 27, 2005


The Senate met pursuant to adjournment.

President Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"Inquire first for the word of the Lord." (2 Chronicles 18:4)

Each morning Father may we seek You and know that You are our God. Bless us with Your word first thing each day so we may be Your servants to those we work with, those we live with and those we serve. And Lord, watch "our going out and coming in" as we return to loved ones this day. 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 Coleman Crowell Days
Dolan Dougherty Engler Gibbons
Graham Green Griesheimer Gross
Kennedy Klindt Koster Loudon
Mayer Nodler Purgason Ridgeway
Scott Shields Stouffer Taylor
Vogel Wilson--30
Absent with leave--Senators
Clemens Wheeler--2
Vacancies--2
The Lieutenant Governor was present.

RESOLUTIONS

Senator Crowell offered Senate Resolution No. 148, regarding Minor's Harley-Davidson/Suzuki Sales, Cape Girardeau, which was adopted.

Senator Cauthorn offered Senate Resolution No. 149, regarding Gladys Coggswell, Frankford, which was adopted.

INTRODUCTION OF BILLS

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

SB 251-By Ridgeway, Loudon, Nodler, Bartle, Green, Callahan, Cauthorn, Griesheimer, Kennedy, Dolan, Dougherty, Koster, Stouffer, Clemens, Purgason, Engler, Mayer and Scott.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to alternatives to abortion services.

SB 252-By Koster, Scott and Stouffer.

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

SB 253-By Koster.

An Act to repeal section 301.300, RSMo, and to enact in lieu thereof two new sections relating to sales to and by licensed vehicle dealers without contemporaneous assignment of certificate of title.

SB 254-By Engler.

An Act to amend chapter 577, RSMo, by adding thereto two new sections relating to prescription medication at school, with penalty provisions.

SB 255-By Dolan.

An Act to amend chapter 42, RSMo, by adding thereto one new section relating to Missouri veterans of the war on terror.

SB 256-By Dolan.

An Act to repeal section 307.178, RSMo, and to enact in lieu thereof one new section relating to the use of safety belts.

Senator Dolan requested unanimous consent of the Senate to withdraw SB 249, which request was granted.

RESOLUTIONS

Senator Shields offered the following resolution:

SENATE RESOLUTION NO. 150

NOTICE OF PROPOSED RULE CHANGE

Notice is hereby given by the Senator from the Thirty-fourth District of the one day notice required by rule of intent to put a motion to adopt the following rule change:

BE IT RESOLVED by the Senate of the Ninety-third General Assembly, First Regular Session, that Senate Rules 4, 6, 7, 14, 19, 21, 26, 27, 45, 52, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, and 102 of the temporary rules adopted January 5, 2005, be amended to read as follows:

"Rule 4. The president shall, on each day, announce the business in order agreeable to the preceding rule and no business shall be taken up or considered until the class to which it belongs is declared in order, but communications from the governor and reports from the Committee on Rules, Joint Rules, [and] Resolutions, and Ethics may be received at any time.

Rule 6. Upon the written request of the sponsor or floor handler of a bill, the committee on rules, joint rules, [and] resolutions, and ethics may recommend that any such bill on the calendars for perfection or house bills on third reading be called up or considered out of order in which the bill appears on that calendar. A recommendation to consider bills out of order shall require approval by a majority of the committee on rules, joint rules, [and] resolutions, and ethics with the concurrence of two-thirds of the senate members. No floor debate shall be allowed on the motion to adopt the committee report. Except as otherwise provided for in this paragraph, only the regular appropriation bills, including the deficiency and the omnibus bills, bills providing for legislative or congressional redistricting, bills producing more than three million dollars in additional state revenue, bills implementing amendments to the Missouri Constitution which were adopted at the immediately preceding state primary or general election, and bills requiring passage in order that the state receive funds from the federal government for the institution, continuance or expansion of federal-state programs, may be called up or considered out of the order in which the bill appears on the formal calendar of the senate.

All bills reported to the senate floor by the Committee on [State Budget Control] Governmental Accountability and Fiscal Oversight shall be placed on the appropriate formal calendar in a position, as near as may be, to that position which the bill would have had absent referral to the Committee on [State Budget Control] Governmental Accountability and Fiscal Oversight.

Rule 7. Upon the call of the senate, or upon taking the yeas and nays on any question, the names of the senators shall be called alphabetically, and a senator within the chamber shall vote when his or her name is called. No senator shall be allowed to cast or change his or her vote after yeas and nays have been announced by the president. In the event a senator within the chamber refuses to cast his or her vote, then at the direction of the president he or she shall be removed from the chamber and such action noted in the journal.

Rule 14. The president pro tem shall sign all acts, joint resolutions and addresses. All writs, warrants and subpoenas issued by order of the senate shall be under his or her hand attested by the secretary.

Rule 19. When a bill or joint resolution passes it shall be certified by the secretary, noting the day of its passage [at the foot thereof].

Rule 21. The secretary shall see that all amendments and substitutes are incorporated in any bill amended or substituted for when printed as perfected or truly agreed to, and shall perform such other duties as may be required by the Committee on Rules, Joint Rules, [and] Resolutions, and Ethics.

Rule 26. The membership of all standing committees and of all other committees and commissions, unless otherwise provided by the act or resolution creating them, shall be composed, as nearly as may be, of majority and minority party members in the same proportion as the number of majority and minority party members in the senate bears to the total membership of the senate. The president pro tem, the majority floor leader, and the minority floor leader shall be ex-officio members of all standing and statutory committees of the senate for the purpose of a quorum and discussion but shall have no vote unless they are duly appointed members of such committee.

Rule 27. The Committee on Parliamentary Procedure shall be composed of three members: the president pro tem, the chairman of the Committee on Judiciary and Civil and Criminal Jurisprudence, and the minority floor leader [appointed by the president pro tem. Not more than two members of the committee shall be of the same political party].

Rule 45. There shall be a senate consent calendar. The sponsor of a senate bill shall first give notice of desire to have a bill placed upon the senate consent calendar by filing in writing, with the chairman of the committee to which the bill was referred, a notice of intent one day prior to a committee hearing. The notice of intent shall set forth the nature of the legislation, the fact that it is not a controversial bill, and a request that the senate committee recommend that the bill be placed upon the consent calendar. A bill shall not be considered as consent if it increases net expenditures of the state by more than $100,000, reduces net revenue of the state by more than $100,000, increases an existing civil or criminal penalty or if it creates a new civil or criminal penalty. The bill will go to the senate consent calendar if, a quorum being present, it receives a unanimous affirmative vote of do pass by all members present at the senate committee to which the bill was referred, and there is thereafter a motion made and unanimously carried by affirmative vote of all those present that it be placed upon the consent calendar. Any bill approved by committee, for consent, may be reported to the consent calendar at any time the Senate goes to the order of business of committee reports. When a bill is placed upon the consent calendar, third reading shall not commence until the fifth legislative day. During this four-day period, starting with the first day the bill appears on the consent calendar in the Journal any member or the Committee on Rules, Joint Rules, [and] Resolutions, and Ethics may, by filing written objection with the Secretary of the Senate, direct that it be returned to the senate committee from which it was reported for action in accordance with the rules of the senate. A bill placed upon the senate consent calendar shall not be subject to amendment, except for committee amendments, and after the committee amendments have been disposed of shall be third read as though it had previously been perfected. If returned to committee, the chairman may report the bill to the senate at the next time that order of business is taken up, without further action of the committee. No senate bill may be placed on the consent calendar after March fifteenth and no house bill shall be placed on the consent calendar after April fifteenth.

Rule 52. [All] Senate bills reported to the senate from any committee shall lie on the table one day before being perfected and ordered printed[; and bills when reported perfected shall lie over one day before a third reading]. Senate bills reported perfected and house bills reported from committee shall lie over one day before being third read.

Rule 64. A substitute for the text of a bill is not in order until all pending amendments thereto have been disposed of. A substitute bill for an original bill or for a committee substitute shall take the form of an [original bill] amendment in the first degree and be subject to [floor] second-degree amendments, except that it shall not be subject to [more than one additional pending substitute which shall be in the first degree and subject to second degree amendments] amendment by a further floor substitute. No further amendments or substitutes may be entertained after the senate adopts a substitute bill.

Rule 65. The withdrawal of a pending motion by its maker or a motion to place a bill on the informal calendar, along with any pending amendments or substitutes, by its sponsor is a privilege that may be exercised at any time, even while another member is addressing the senate or if an amendment or substitute is pending. When the senate returns to the bill, the sponsor of the pending amendment or substitute shall be first recognized by the chair on the pending amendment or substitute.

Rule 66. 1. To effect the passage of a bill on the final reading thereof, the vote shall be taken by yeas and nays, and the names of the senators voting for and against the same shall be entered and recorded in the Journal, and if a majority of the senators elected vote in favor thereof, the bill shall be declared passed. No senator shall be allowed to cast or change his or her vote after the senate's action on said question is announced by the president.

Rule [66.] 67. When a bill is put upon its final passage and, failing to pass, a motion is made to reconsider the vote by which it was defeated, the presiding officer shall briefly state the nature of the bill. Thereupon the vote on the motion to reconsider shall be immediately taken, without interrogation or debate, and the subject finally disposed of without interrogation or debate before the senate proceeds to any other business.

2. Any member may offer an amendment or amendments for the portion of a joint resolution or bill to be submitted to the voters by the General Assembly that contains the proposed official summary statement and fiscal note summary. Such amendment may be further amended as provided by the rules of the Senate.

Rule [67.] 68. No bill shall become a law until after it has been signed by the presiding officer of the senate, in open session. Before the presiding officer affixes his or her signature to any bill he or she shall suspend all other business, declare that the bill will now be read, and that if no objection be made he or she will sign it to the end that it may become a law. The bill shall then be read [at length] and if no objection is made, he or she shall, in the presence of the senate, in open session, and before any other business is entertained affix his or her signature, which fact shall be noted in the Journal, and the bill immediately sent to the other house. If any senator objects that any substitution, omission or insertion has occurred, so that the bill proposed to be signed is not the same in substance and form as when considered and passed by the senate or house, or that any particular clause of Article III of the Constitution has been violated in its passage, such objection shall be passed upon by the senate, and if sustained, the presiding officer shall withhold his or her signature; but if the objection is not sustained, then any five members may embody it over their signature, in a written protest, under oath, against the signing of the bill. The protest, when offered in the senate, shall be noted upon the Journal, and the original shall be annexed to the bill, to be considered by the governor in connection therewith; and if the bill is one that has not been first signed by the presiding officer of the house, it shall immediately be sent to the house after it has been so read and signed in the senate, for such action thereon in the house as is prescribed by the constitution. (Constitution, Art. III, Sec. 30.)

Rule [68.] 69. When any bill passed by both houses has been signed as provided for in the preceding rule, it is the duty of the secretary of the senate, if the bill originated in the senate, to present it in person, on the same day on which it was signed, as aforesaid, to the governor, take his or her receipt therefor and enter the fact of such delivery and the time thereof upon the Journal. Every bill presented to the governor and returned within fifteen days to the house in which it originated, with the approval of the governor shall become a law unless it is in violation of some provision of the constitution.

Rule [69.] 70. Bills vetoed by the governor and returned to the senate by the governor or by the house shall stand as reconsidered and such action shall be taken thereon as prescribed by the constitution and by the Joint Rules of the Senate and House of Representatives. (Constitution, Art. III, Sec. 32.)

Rule [70.] 71. All resolutions proposing amendments to the constitution shall be treated, in all respects, in the introduction and form of proceedings on them in the senate, in the same manner as bills. All other orders and resolutions (except courtesy resolutions) shall be referred to a committee unless the senate otherwise expressly allows by a majority vote of senators elected. Courtesy resolutions will be read only upon request of the senator offering the resolution. Courtesy resolutions shall be printed in the Journal only upon the request of the senator offering the resolution. A senator who wishes to offer a courtesy resolution which is not to be read or printed may file the resolution with the secretary of senate who will show the resolution in the Journal as having been adopted by the senate.

Rule [71.] 72. A motion to adjourn and a motion to fix the day to which the senate shall adjourn is in order, unless a senator is speaking, or the yeas and nays are being taken, or a call is being made, and shall be decided without debate; and no senator shall leave his or her seat until the result is declared.

Rule [72.] 73. When a question is under debate, no motion shall be received but to adjourn, to lay on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely, which several motions shall have precedence in the order in which they are arranged. Pending the motion to lay on the table, the merits of the question shall not be discussed, and no motion to postpone to a certain day, to commit or postpone indefinitely, being decided, shall again be allowed on the same day, at the same stage of the bill or proposition.

Rule [73.] 74. When a question is postponed indefinitely it shall not be acted on during the session.

Rule [74.] 75. When a question is laid on the table, it may not thereafter be considered except by vote of two-thirds of the senators elected, except that all measures, other than bills which stand as reconsidered having been returned by the governor with his or her objections, not finally acted upon on adjournment of the senate in odd-numbered years shall lie on the table and the subject matter of such measures may be taken from the table only by reintroduction of a measure at a subsequent session of the senate.

Rule [75.] 76. When a senator is about to speak, he or she should rise respectfully and address himself to the chair, standing at his or her seat, and wait until his or her name or designation is announced, when he or she shall proceed, addressing himself always to the chair. In order to maintain the recognition of the chair, the senator must be engaged in debate or in discourse. When a senator is engaged in debate or discussion and seeks to have the senate stand at ease, the senator must seek unanimous consent of the body.

Rule [76.] 77. 1. If two or more senators rise at once, the chair shall name the senator who is to speak first, the other rising having the preference next to speak. However, nothing in this rule shall be interpreted to prevent any senator not chosen to speak first from immediately making any motion that is in order under the rules.

2. No member shall interrupt another senator who has the floor or otherwise interrupt the business of the senate, except for the purpose of making a point of order, calling the member having the floor to order, moving the previous question, making an inquiry of the chair, or requesting that the senator having the floor yield. Though another member has the floor, any member shall be recognized by the presiding officer for the purpose of making a point of order, calling the member having the floor to order, moving the previous question, making an inquiry of the chair, or requesting that the senator having the floor yield.

Rule [77.] 78. The chair shall preserve decorum, and if any senator transgresses the rules of the senate, the chair shall, or any senator may, call him to order, in which case the senator called to order shall immediately sit down, unless permitted to explain; and the senate, if appealed to, shall decide on the case. If there is no appeal, the decision of the chair shall prevail. If the decision of the chair is in favor of the senator called to order, he or she shall be at liberty to proceed.

Rule [78.] 79. If a senator is called to order for words spoken in debate, the senator calling him to order shall repeat the words excepted to, and they shall be taken down in writing on the secretary's table, and no senator shall be held to answer, or be subject to the censure of the senate for words spoken in debate, if any other senator has spoken or business has intervened after the words spoken and before exception to them has been taken.

Rule [79.] 80. No senator shall speak more than once on the same question without leave of the senate, unless he or she is the mover, proposer or introducer of the matter pending, in which case he or she shall be permitted to speak or reply, but not until every senator choosing to speak has spoken. After a senator has been recognized to close, no other senator is permitted to speak on the pending matter, except that in the case of a proposed amendment to a bill or resolution, the proponent of the amendment and the author of the bill or resolution to be amended may be interrogated, but, in the case of a bill or resolution, only the author of the bill or resolution may be interrogated.

Rule [80.] 81. In proceedings and debate of the senate, the senators shall not be spoken of or addressed by their individual names.

Rule [81.] 82. If the question in debate contains several points, any senator may have it divided if it comprehends propositions in substance so distinct that by one being taken away a substantive proposition remains for the decision of the senate. On motion to strike out and insert, it shall not be in order to move for a division of the question, but a rejection of the motion to strike out and insert a different proposition shall not prevent a subsequent motion simply to strike out, nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and insert.

Rule [82.] 83. On the discussion of any business which may, in the opinion of a senator require secrecy, the president shall order the gallery to be cleared, and during the discussion the doors shall remain closed unless otherwise directed by the senate. When nominations are made in writing by the governor of the state to the senate for confirmation, the confirmation shall, without debate, be sent to the senate for confirmation, the confirmation shall, without debate, be referred to the appropriate committee for investigation, and their report shall be made to the senate as soon as practicable.

Rule [83.] 84. The previous question shall be in this form: "Shall the main question be now put?". It shall only be admitted on written demand of five senators, and sustained by a vote of a majority of the senators elected, and in effect shall be put without debate, and bring the senate to direct vote upon a motion to commit, if such motion shall have been made; and if this motion does not prevail, then upon amendments, and then upon the main question. On demand for the previous question, a call of the senate shall be in order, but after a majority of the senators elected have sustained such a motion, no call shall be in order prior to the decision on the main question.

Rule [84.] 85. On motion of the previous question, no debate shall be allowed and all incidental questions of order arising after the motion is made for the previous question, and pending such motion, shall be decided on appeal or otherwise without debate; if, on a vote for the previous question, the motion is not sustained by a majority of the senators elected, then the further consideration of the subject matter shall be in order.

Rule [85.] 86. Every motion, except motion to recess or adjourn, shall be reduced to writing if two or more senators request it.

Rule [86.] 87. When a motion is made it shall be stated by the chair, or being in writing, it shall be handed to and read aloud by the secretary before debate.

Rule [87.] 88. After a motion is stated by the chair, it is deemed to be in possession of the senate, but may be withdrawn at any time before a decision or amendment, but afterwards only with the consent of the senate.

Rule [88.] 89. All questions, whether in committee or senate, shall be first stated in the order in which they are moved, but voted upon in reverse order, except privileged questions, which shall be propounded as stated in Rule 73; and in filling up blanks, the largest sum and longest time shall be put first.

Rule [89.] 90. The yeas and nays shall not be ordered on any question after a vote has been taken thereon and declared by the chair.

Rule [90.] 91. Every senator who is within the bar of the senate when a question is put shall assume his or her seat, and shall vote when his or her name is called unless the senate, for special reasons, excuses him. All motions to excuse a senator from voting shall be made before the senate divides, or before the call for yeas and nays is commenced. In taking the yeas and nays, each senator shall declare distinctly his or her vote yea or nay. In the event a senator within the chamber refuses to cast his or her vote, then, at the direction of the president, he or she shall be removed from the chamber and such action noted in the Journal.

Rule [91.] 92. When a question has once been decided by a vote of the senate, any senator voting on that side which prevails may move for a reconsideration of the vote at any time within three legislative days, excluding legislative days wherein the roll is not called, after the day on which the vote was had, except votes ordering bills printed as perfected, which may be reconsidered at any time before third reading of such bills. When a motion is made to reconsider the vote by which a bill failed of perfection, the presiding officer shall briefly state the nature of the bill and, thereupon, the vote on the motion to reconsider shall be immediately taken without interrogation or debate. All motions to reconsider shall be decided by a majority vote of the senators elected. Only one motion to reconsider shall be allowed on any question.

Rule [92.] 93. Any senator voting in the minority on any subject, and protesting against the vote of the senate, may have his or her protest entered on the Journal, if the tenor and language of the protest would have been admissible in the discussion of the subject.

Rule [93.] 94. No person except members of the house of representatives, former members of the senate, the governor, the secretary of state, the state auditor, the state treasurer, judges of the supreme court, courts of appeals or circuit courts, attorney general and the congress, shall be admitted within the senate chamber during the sitting of the senate, unless invited by the senate; except that the seats at the north and south ends of the senate chamber may be reserved for spouses and families of members of the senate, and other persons may be admitted to the senate chamber on special request of any senator when the senate is in session. Access to the third floor rear gallery shall be limited to senators during the hours in which the senate is engaged in floor session. Any use of the gallery when the senate is not in session must be approved by the Chairman of the Committee on Administration.

Rule [94.] 95. No senator shall absent himself from the session of the senate unless he or she has leave or is sick or unable to attend. A member who is absent from the chamber for attendance at a standing committee meeting, or a conference committee meeting shall be shown as absent with leave (committee). It shall be the responsibility of the member to advise the secretary of the senate of his or her attendance at such committee meeting.

Rule [95.] 96. 1. [Notetaking and writing in the Senate Gallery is permissible, but no person shall enter the Senate Gallery with any typewriter or recording device.] Laptop computers may be used [by the press at the press table] in the Senate Chamber as long as their use does not violate Rule 77 or is otherwise disruptive to the business of the Senate. No person shall take any photograph in the Senate Gallery. Persons with cameras, flash cameras, lights, or other paraphernalia may be allowed to use such devices at committee meetings with the permission of the Chairman as long as they [don't] do not prove disruptive to the decorum of the committee. Smoking is not permissible in the Senate Chamber or Gallery, committee rooms, lounge, the hallways, restrooms or elevators.

2. For the purpose of compliance with the Americans with Disabilities Act, the President Pro Tem may designate a portion of the Senate Chamber as handicap accessible and such areas shall not be considered a part of the floor of the Senate for the purposes of section 21.420, RSMo. Persons using such area shall not lobby members of the Senate while going to and from or while using the designated area.

Rule [96.] 97. In cases not provided for in these rules, the senate shall be governed by the rules laid down in the practice and procedures adopted by the Senate of the United States and Jefferson's Manual, including the U.S. Senate practice that a substitute amendment to a first degree amendment is subject to a second degree perfecting amendment.

Rule [97.] 98. No standing rule or order of the senate shall be rescinded or changed without one day's notice being given of the motion thereof, which notice shall be printed in the journal of the senate, and then only by a vote of at least a majority of the senators elected; except that any rule, including this rule, may be suspended for a special purpose, stated in the motion to suspend, by a vote of a two-thirds majority of the members elected to the senate, and such rule shall remain suspended only until the senate proceeds to the consideration of business other than that for which the rule was suspended. Upon one day's notice of the proposed rule change having been given, the senate resolution adopting such rule change shall not be assigned to a committee without consent of the sponsoring senator and shall be in order to be considered by the senate at any day or time thereafter upon motion of the sponsor during the order of business of Resolutions.

Rule [98.] 99. No senator shall be permitted to interrupt a roll call and no senator shall be allowed to change his or her vote after a verification is requested by any senator, or after the final vote is announced. When verification is requested, any senator within the chamber who has not voted shall vote prior to the verification of the roll.

Rule [99.] 100. A roll call vote of the senate shall be taken upon any question at the request of five senators.

Rule [100.] 101. All senate committees shall meet on call of the chairman and the regular meetings of the committees shall be held at the times and places designated by the Committee on Administration.

Rule [101.] 102. Public introduction of guests shall not be allowed in the Senate Chamber during the last ten calendar days of the session. At other times, the introduction of guests shall be the order of business at the beginning of each daily meeting of the Senate and immediately prior to daily adjournment.

[Rule 102. A member of the Senate may accept meals, food, beverage or other gifts from a legislative lobbyist or the lobbyist's principal as defined in section 105.470. (4) (a), RSMo, if any single item accepted has a value of less than fifty dollars, and all items accepted by any member in any calendar year from a lobbyist or lobbyist principal, as defined in section 105.4703. (4) (a), do not exceed a value of one hundred dollars in the aggregate.

This rule shall not apply to:

(1) The participation of members in activities authorized in Section 105.473.3 (2) (c), RSMo, or in caucuses approved by the Senate Ethics Committee, regardless of the aggregate value;

(2) The participation in seminars or meetings of national or regional associations when such participation and activities have been requested in writing and approved in advance by the Committee on Administration or participation in seminars or meetings of a state association or receipt of educational materials from a state association;

(3) The acceptance of meals, food or beverage or other gifts to be used for charitable purposes, as defined by law, and which are not consumed or used for the personal benefit of the member; or

(4) A member is within the second degree of consanguinity or affinity of the lobbyist with regard to any gift provided to the member by such lobbyist.

The provisions of this rule may be satisfied by reimbursing said lobbyist or lobbyist principal within thirty days of obtaining actual knowledge that reimbursement is necessary to meet the requirements of this rule.]"; and

BE IT FURTHER RESOLVED by the Senate of the Ninety-third General Assembly, First Regular Session, that the temporary rules adopted January 5, 2005, as amended on January 6, 2005, and as amended by this resolution hereby be adopted as the permanent rules of the Missouri Senate for the Ninety-third General Assembly.

At the request of Senator Shields, President Pro Tem Gibbons referred the above resolution to the Committee on Rules, Joint Rules, Resolutions and Ethics.

REPORTS OF STANDING COMMITTEES

Senator Gibbons, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Gregory A. Steinhoff, as the Director of the Missouri Department of Economic Development;

Also,

King E. Sidwell, as the Adjutant General of the Missouri National Guard;

Also,

Rolfe C. McCoy, to the Missouri Dental Board;

Also,

William F. Ringer, as the Public Representative of the Labor and Industrial Relations Commission;

Also,

Charles C. McGinty, as a member of the Missouri Southern State University-Joplin Board of Governors.

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 and reappointments, which motion prevailed.

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Gregory Upchurch, as a member of the Coordinating Board for Higher Education, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Gibbons moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

INTRODUCTION OF BILLS

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

SB 257-By Koster.

An Act to repeal section 115.019, RSMo, and to enact in lieu thereof one new section relating to the board of election commissioners.

SB 258-By Koster.

An Act to repeal section 205.010, RSMo, and to enact in lieu thereof one new section relating to county health centers.

SB 259-By Koster.

An Act to repeal section 64.215, RSMo, and to enact in lieu thereof one new section relating to county planning boards.

SB 260-By Koster.

An Act to repeal section 50.530, RSMo, and to enact in lieu thereof one new section relating to county officials.

SB 261-By Loudon.

An Act to repeal section 379.943, RSMo, and to enact in lieu thereof one new section relating to health insurance, with an expiration date.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

David Charles Campbell, M.D., M.Ed., 3857 Utah Place, Saint Louis City, Missouri 63116, as a member of the Drug Utilization Review Board, for a term ending October 15, 2008, and until his successor is duly appointed and qualified; vice, David Charles Campbell, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Michael L. Craighead, M.D., Republican, 1100 Highland Ridge, Jefferson City, Cole County, Missouri 65109, as a member of the State Board of Registration for the Healing Arts, for a term ending September 2, 2006, and until his successor is duly appointed and qualified; vice, Michael L. Craighead, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Richard H. Dahl, Republican, 209 Amador Avenue, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Investment Trust, for a term ending February 24, 2008, and until his successor is duly appointed and qualified; vice, Richard H. Dahl, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Gene H. Dexter, Ph.D., 620 Northwest Cortland Drive, Blue Springs, Jackson County, Missouri 64015, as a public member of the Committee for Professional Counselors, for a term ending August 28, 2008, and until his successor is duly appointed and qualified; vice, Gene H. Dexter, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Linda A. Engelmann, 805 Melrose Lane, Liberty, Clay County, Missouri 64068, as a member of the Missouri Board of Examiners for Hearing Instrument Specialists, for a term ending January 11, 2007, and until her successor is duly appointed and qualified; vice, Linda A. Engelmann, withdrawn.Respectfully submitted,

MATT BLUNT

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Phillip L. Gould, 102 Lake Forest, Saint Louis, Saint Louis County, Missouri 63117, as a member of the Seismic Safety Commission, for a term ending July 1, 2008, and until his successor is duly appointed and qualified; vice, Phillip L. Gould, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

John G. Harper, M.Ed., CRC, LPC, 2813 Burrwood Drive, Columbia, Boone County, Missouri 65203, as a member of the Missouri Planning Council on Developmental Disabilities, for a term ending June 30, 2006, and until his successor is duly appointed and qualified; vice, John G. Harper, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Glenda Kremer, County Road 403, Post Office Box 33, Loose Creek, Osage County, Missouri 65054, as a member of the Missouri Planning Council on Developmental Disabilities, for a term ending June 30, 2007, and until her successor is duly appointed and qualified; vice, Glenda Kremer, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

J. Beto Lopez, Democrat, 5724 Northeast Quartz Drive, Lee's Summit, Jackson County, Missouri 64064, as a member of the Jackson County Sports Complex Authority, for a term ending July 15, 2007, and until his successor is duly appointed and qualified; vice, J. Beto Lopez, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Jeffrey A. Marlow, 1100 La Guille Court, Apartment B, Rolla, Phelps County, Missouri 65401, as a member of the Missouri Planning Council on Developmental Disabilities, for a term ending June 30, 2007, and until his successor is duly appointed and qualified; vice, Jeffrey A. Marlow, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Nick L. Matherly, Republican, 12899 Highway DD, Post Office Box 310, Cabool, Texas County, Missouri 65687, as a member of the Land Reclamation Commission, for a term ending September 28, 2007, and until his successor is duly appointed and qualified; vice, Nick L. Matherly, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

January 27, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Shelly R. Shetley, 310 Northeast 94th Street, Apartment 118, Kansas City, Jackson County, Missouri 64155, as a member of the Missouri Planning Council on Developmental Disabilities, for a term ending June 30, 2006, and until her successor is duly appointed and qualified; vice, Shelly R. Shetley, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

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

SECOND READING OF SENATE BILLS

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

SB 214--Aging, Families, Mental and Public Health.

SB 215--Financial and Governmental Organi-zations and Elections.

SB 216--Judiciary and Civil and Criminal Jurisprudence.

SB 217--Pensions, Veterans' Affairs and General Laws.

SB 218--Commerce, Energy and the Environment.

SB 219--Ways and Means.

SB 220--Economic Development, Tourism and Local Government.

SB 221--Transportation.

SB 222--Economic Development, Tourism and Local Government.

SB 223--Financial and Governmental Organi-zations and Elections.

SB 224--Ways and Means.

SB 225--Ways and Means.

SB 226--Aging, Families, Mental and Public Health.

SB 227--Transportation.

SB 228--Small Business, Insurance and Industrial Relations.

SB 229--Pensions, Veterans' Affairs and General Laws.

SB 230--Judiciary and Civil and Criminal Jurisprudence.

Senator Bartle offered a prayer for Marjorie Wheeler.

RESOLUTIONS

Senator Cauthorn offered Senate Resolution No. 151, regarding Ryan Wayne Glance, Hannibal, which was adopted.

Senator Cauthorn offered Senate Resolution No. 152, regarding Taylor Grey Epperson, Hannibal, which was adopted.

Senator Cauthorn offered Senate Resolution No. 153, regarding the Honorable Bruce McGuire, Louisiana, which was adopted.



INTRODUCTIONS OF GUESTS

Senator Engler introduced to the Senate, Marilyn Pinson, Ryann Summerford, and Andrea Oswell-Holmes, Jefferson County.

Senator Taylor introduced to the Senate, Dick Gass, Beverly Martin, and Frank Schoneboom, Branson.

Senator Nodler introduced to the Senate, Adjutant General King Sidwell, Missouri National Guard, Sikeston.

Senator Graham introduced to the Senate, the Physician of the Day, Dr. Bill Caldwell, M.D. and Dr. Rose Porter, M.D., Columbia.

On motion of Senator Shields, the Senate adjourned until 3:00 p.m., Monday, January 31, 2005.

SENATE CALENDAR

______



FOURTEENTH DAY-MONDAY, JANUARY 31, 2005

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 231-Crowell

SB 232-Loudon, et al

SB 233-Stouffer

SB 234-Purgason

SB 235-Wheeler

SB 236-Klindt and Clemens

SB 237-Klindt, et al

SB 238-Gross

SB 239-Scott

SB 240-Scott

SB 241-Scott

SB 242-Scott

SB 243-Scott

SB 244-Scott

SB 245-Scott and Nodler

SB 246-Days

SB 247-Dolan

SB 248-Dolan

SB 250-Dolan

SB 251-Ridgeway, et al

SB 252-Koster, et al

SB 253-Koster

SB 254-Engler

SB 255-Dolan

SB 256-Dolan

SB 257-Koster

SB 258-Koster

SB 259-Koster

SB 260-Koster



SB 261-Loudon

RESOLUTIONS



HCR 10-Dempsey (Shields)