Journal of the Senate

FIRST REGULAR SESSION


FIFTEENTH DAY--TUESDAY, FEBRUARY 1, 2005


The Senate met pursuant to adjournment.

President Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"The Lord is the strength of His people." (Psalm 28:8)

Heavenly Father, You are the strength we need each day. Daily You bring us eternal comfort and a much needed word of hope. Surround us this day with Your guidance and mercy so that we might be about the things You desire for us to accomplish. 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 Stouffer
Taylor Vogel Wheeler Wilson--32
Absent with leave--Senators--None
Vacancies--2
The Lieutenant Governor was present.


RESOLUTIONS

Senator Crowell offered Senate Resolution No. 172, regarding Carole Magnus, Fredericktown, which was adopted.

Senator Crowell offered Senate Resolution No. 173, regarding the birth of Nathan Tucker Narsh, Ballwin, which was adopted.

Senator Vogel offered Senate Resolution No. 174, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Harry Baker, Holts Summit, which was adopted.

Senator Nodler offered Senate Resolution No. 175, regarding the Centennial Anniversary of the Carthage Public Library, which was adopted.

Senator Champion offered Senate Resolution No. 176, regarding Connie Claybough, Springfield, which was adopted.

Senator Shields moved that SR 150, with SCS, be taken up for adoption, which motion prevailed.

SCS for SR 150 was taken up.

Senator Shields moved that SCS for SR 150 be adopted.

Senator Bartle offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Resolution No. 150, Page 15, Rule 96, Lines 4-5, by striking all of said lines and inserting in lieu thereof the following: "computers may be used in the Senate Chamber as".

Senator Bartle moved that the above amendment be adopted.

Senator Nodler requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators Bray, Callahan, Gross and Wilson.

SA 1 failed of adoption by the following vote:

YEAS--Senators
Bartle Clemens Crowell Dolan
Engler Klindt Loudon Mayer
Purgason Ridgeway Scott Shields
Vogel Wheeler--14
NAYS--Senators
Bray Callahan Cauthorn Champion
Coleman Days Dougherty Gibbons
Graham Green Griesheimer Gross
Kennedy Koster Nodler Stouffer
Taylor Wilson--18
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--2

Senator Graham offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Resolution No. 150, Page 10, Rule 77, Line 1, by deleting the word "rise" and inserting in lieu thereof the following "seek recognition in accordance with Rule 76"; and

Further amend same rule, same page, line 3, by deleting the word "rising" and inserting in lieu thereof "seeking recognition".

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

Senator Bray offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Resolution No. 150, Page 17, Line 23, by deleting the opening bracket before the word "Rule"; and

Further amend said resolution, page 18, line 23, by deleting the closing bracket after the word "rule."; and

Further amend said resolution, page 17, line 23, by deleting the number "102" and inserting in lieu thereof the number "103".

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

Senator Bartle assumed the Chair.

Senator Gross offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Resolution No. 150, Page 15, Rule 96, Line 7, by inserting after the word "Senate." the following: "No person shall be allowed to use any electronic device in the Senate Chamber.".

Senator Gross moved that the above amendment be adopted.

Senator Gross requested a roll call vote be taken on the adoption of SA 4 and was joined in his request by Senators Bray, Nodler, Taylor and Wheeler.

SA 4 failed of adoption by the following vote:

YEAS--Senators
Bray Callahan Crowell Days
Graham Green Gross Nodler
Purgason Taylor Wheeler Wilson--12
NAYS--Senators
Bartle Cauthorn Champion Clemens
Coleman Dolan Dougherty Engler
Gibbons Griesheimer Kennedy Klindt
Koster Loudon Mayer Ridgeway
Scott Shields Stouffer Vogel--20
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--2

Senator Shields moved that SCS for SR 150, as amended, be adopted, which motion prevailed.

On motion of Senator Shields, SR 150, as amended by the SCS, 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 Stouffer
Taylor Vogel Wheeler Wilson--32
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--2

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 SB 176.

Emergency clause adopted.

Bill ordered enrolled.

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 duly enrolled and that the printed copies furnished the Senators are correct.

President Pro Tem Gibbons assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and SB 176, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

BILLS DELIVERED TO THE GOVERNOR

SB 176, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

Senator Bartle assumed the Chair.

INTRODUCTION OF BILLS

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

SB 270-By Scott, Taylor, Crowell, Engler, Nodler, Clemens, Loudon, Cauthorn, Griesheimer, Ridgeway, Vogel, Klindt, Mayer, Gibbons, Champion, Koster, Dolan, Purgason, Gross, Bartle, Callahan, Shields and Stouffer.

An Act to repeal sections 30.250, 30.260, 30.270, 30.440, 30.750, 30.753, 30.756, 30.758, 30.760, 30.765, 30.767, 30.830, and 30.840, RSMo, and to enact in lieu thereof sixteen new sections relating to the state treasurer, with penalty provisions.

SB 271-By Scott, Crowell, Nodler, Clemens, Griesheimer, Stouffer, Loudon, Klindt, Gibbons, Shields, Ridgeway, Champion, Dolan, Purgason, Gross, Cauthorn and Vogel.

An Act to repeal sections 307.178, 355.176, 408.040, 490.715, 508.010, 508.040, 508.070, 508.120, 510.263, 514.060, 516.105, 537.035, 537.067, 537.090, 538.205, 538.210, 538.220, 538.225 and 538.230, RSMo, and to enact in lieu thereof twenty-two new sections relating to claims for damages and the payment thereof, with penalty provisions.

SB 272-By Gross.

An Act to repeal sections 137.073 and 313.820, RSMo, and to enact in lieu thereof two new sections relating to gaming boat admission fee revenue.

SB 273-By Taylor.

An Act to amend chapter 407, RSMo, by adding thereto five new sections relating to cigarette sales, with penalty provisions.

SB 274-By Taylor.

An Act to amend chapter 407, RSMo, by adding thereto five new sections relating to travel clubs, with penalty provisions.

SB 275-By Crowell.

An Act to amend chapter 104, RSMo, by adding thereto one new section relating to consolidation of state employee retirement systems.

SB 276-By Crowell.

An Act to repeal sections 104.010, 104.335, 104.342, 104.344, 104.352, 104.354, 104.378, 104.395, 104.410, 104.450, 104.601, 104.620, 104.800, 104.1003, 104.1012, 104.1015, 104.1021, 104.1024, 104.1027, 104.1030, 104.1042, 104.1072, 104.1205, 104.1215, and 476.682, RSMo, and to enact in lieu thereof twenty-eight new sections relating to the state employees retirement system.

SB 277-By Bray, Dougherty, Graham, Wilson, Coleman, Days, Wheeler, Green, Callahan and Kennedy.

An Act to repeal sections 103.003, 103.005, and 103.036, RSMo, and to enact in lieu thereof three new sections relating to the inclusion of small employers in the state health care plan.

COMMUNICATIONS

Senator Shields submitted the following:

January 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 Friends of the Fighting 26th District Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

Friends of the Fighting 26th District Caucus:

Senator John Griesheimer

Representative Kevin Threlkeld

Representative Brian Nieves

Representative Charles Schlottach

Representative Allen Icet

Representative Mike Sutherland

Representative Jack Jackson

Representative Charles Portwood

Representative Belinda Harris

Representative Harold Selby

Representative Jodi Stefanick



Also,



January 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 St. Louis Regional Caucus.

A list of the members is attached.

Sincerely,

/s/ Charlie

Charlie Shields

St. Louis Regional Caucus:

Sen. Joan Bray Sen. Maida Coleman Sen. Rita Days

Sen. Jon Dolan Sen. Pat Dougherty Sen. Kevin Engler

Sen. Michael Gibbons Sen. Tim Green Sen John Griesheimer

Sen. Chuck Gross Sen. Harry Kennedy Sen. John Loudon

Rep. Jim Avery Rep. Carl Bearden Rep. Walt Bivens

Rep. John Bowman Rep. Amber Boykins Rep. Richard Byrd

Rep. Ron Casey Rep. Marie Chappelle-Nadel Rep. Michael Corcoran

Rep. Jane Cunningham Rep. Bruce Darrough Rep. Mike Daus

Rep. Cynthia Davis Rep. Tom Dempsey Rep. Margaret Donnelly

Rep. Yaphett El-Amin Rep. Sally Faith Rep. Kathlyn Fares

Rep. Barbara Fraser Rep. Thomas George Rep. Belinda Harris

Rep. Esther Haywood Rep. Wayne Henke Rep. Theodore Hoskins

Rep. Rodney Hubbard Rep. Allen Icet Rep. Jack Jackson

Rep. Connie Johnson Rep. Robin Wright Jones Rep. Fred Kratky

Rep. Jim Lembke Rep. Albert Liese Rep. Scott Muschany

Rep. Brian Nieves Rep. Jeannette Mott Oxford Rep. Sam Page

Rep. Sherman Parker Rep. Charles Portwood Rep. Jeff Roorda

Rep. Scott Rupp Rep. Charles Schlottach Rep. Vicki Schneider

Rep. Sue Schoemehl Rep. Joe Smith Rep. Michael Spreng

Rep. Neal St. Onge Rep. Jodi Stefanick Rep. Rachel Storch

Rep. Mike Sutherland Rep. Kevin Threlkeld Rep. Thomas Villa

Rep. Michael Vogt Rep. Wes Wagner Rep. Gina Walsh

Rep. Juanita Head Walton Rep. Terry Witte Rep. Patricia Yaeger

Rep. Clint Zweifel

INTRODUCTIONS OF GUESTS

On behalf of Senators Green, Gibbons, Taylor, Gross and himself, Senator Kennedy introduced to the Senate, Reverend Joseph S. Corel, Loose Creek; Dr. Richard Crawford, Mt. Vernon; Dr. Al Kertz, Glendale; Jeanne Stoll, R.N., Florissant; and Kevin Kast, St. Charles.

Senator Purgason introduced to the Senate, the Wade Rabun Family, Homeschoolers from Hartshorn, and Laney and Stevie were made honorary pages.

Senator Stouffer introduced to the Senate, Don Reed and Bob Vaughan, Salisbury; and David McCartney, Brunswick.

Senator Mayer introduced to the Senate, Adam Kingree, Bloomfield.

Senator Green introduced to the Senate, Joseph and Teresa Carr and their children, Devin, Jenna and Garrett; and Austin Gann, Homeschoolers from Florissant; and Devin and Austin were made honorary pages.

Senator Klindt introduced to the Senate, representatives of Great Northwest Day from Andrew, Atchison, Buchanan, Caldwell, Carroll, DeKalb, Holt, Livingston, Nodaway and Worth Counties.

Senator Shields introduced to the Senate, former State Representatives Norwood Creason, Braymer; and Dan Hegeman, Cosby.

Senator Griesheimer introduced to the Senate, former State Representative Nolan G. McNeill and his wife, Barbara, Cassville.

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

SENATE CALENDAR

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SIXTEENTH DAY-WEDNESDAY, FEBRUARY 2, 2005

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FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 238-Gross

SB 239-Scott

SB 262-Griesheimer

SB 263-Griesheimer

SB 264-Stouffer

SB 265-Taylor

SB 266-Gibbons

SB 267-Gibbons

SB 268-Gibbons and Coleman

SB 269-Shields and Callahan

SB 270-Scott, et al

SB 271-Scott, et al

SB 272-Gross

SB 273-Taylor

SB 274-Taylor

SB 275-Crowell

SB 276-Crowell

SB 277-Bray, et al

SJR 14-Klindt