Journal of the Senate

FIRST REGULAR SESSION

SEVENTEENTH DAY--THURSDAY, FEBRUARY 3, 2005

President Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

Gracious God, in Your word You teach us how to gain strength through spiritual growth. So we seek Your help to become more mature in our faith through the experiences we encounter here and at home and ask that we may benefit and grow from each encounter. And Lord, we ask that You watch over us as we travel back 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:

RESOLUTIONS

Senator Koster offered Senate Resolution No. 187, regarding Nathaniel Ryan Sudheimer, Harrisonville, which was adopted.

Senator Koster offered Senate Resolution No. 188, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Vincent Zumwalt, Cleveland, which was adopted.

Senator Koster offered Senate Resolution No. 189, regarding the birth of Emily Katherine Koster, St. Louis, which was adopted.

Senator Stouffer offered Senate Resolution No. 190, regarding the birth of Kermie Gail Anderson, Hannibal, which was adopted.

Senator Stouffer offered Senate Resolution No. 191, regarding the birth of Sydney Marie Reed-Schall, Kansas City, which was adopted.

Senator Stouffer offered Senate Resolution No. 192, regarding the birth of Braeden James Thomas, Lee's Summit, which was adopted.

Senator Gross offered Senate Resolution No. 193, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Carl Schilligo, Saint Peters, which was adopted.

Senator Gross offered Senate Resolution No. 194, regarding The Newberry Group, Incorporated, Saint Charles, which was adopted.

Senator Purgason offered Senate Resolution No. 195, regarding Jeffrey L. Dryden, D.O., FACOI, West Plains, which was adopted.

Senator Crowell offered Senate Resolution No. 196, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lenzel Lukefahr, Leopold, which was adopted.

Senator Scott offered Senate Resolution No. 197, regarding the One Hundredth Birthday of Alva Watkins, Burns, which was adopted.

Senator Scott offered Senate Resolution No. 198, regarding the One Hundred Seventh Birthday of Edith Roberts, Hermitage, which was adopted.

Senator Coleman offered Senate Resolution No. 199, regarding Don King, which was adopted.

On behalf of Senator Wheeler, Senator Coleman offered Senate Resolution No. 200, regarding OCCU-TEC, Incorporated, Kansas City, which was adopted.

INTRODUCTION OF BILLS

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

SB 284-By Cauthorn and Clemens.

An Act to amend chapter 348, RSMo, by adding thereto three new sections relating to the Dairy Herd Development Revolving Fund.

SB 285-By Clemens and Klindt.

An Act to repeal section 168.515, RSMo, and to enact in lieu thereof one new section relating to the career ladder program.

SB 286-By Nodler.

An Act to repeal sections 173.005 and 173.616, RSMo, and to enact in lieu thereof two new sections relating to out-of-state public institutions of higher education.

SB 287-By Shields.

An Act to repeal section 163.031, RSMo, and to enact in lieu thereof one new section relating to education.

SB 288-By Klindt.

An Act to authorize the conveyance of property owned by the state in Nodaway County to the Delta Nu Teke Association.

SB 289-By Engler.

An Act to repeal section 540.031, RSMo, and to enact in lieu thereof one new section relating to duties of grand juries.

SB 290-By Engler.

An Act to repeal sections 301.147, 307.350, 307.353, and 307.355, RSMo, and to enact in lieu thereof four new sections relating to motor vehicle registrations.

SB 291-By Mayer, Cauthorn, Clemens, Ridgeway, Scott, Griesheimer, Klindt, Vogel, Purgason, Crowell and Shields.

An Act to repeal sections 290.210, 290.262, 290.290, 290.305, and 290.340, RSMo, and to enact in lieu thereof eleven new sections relating to public contracts.

SB 292-By Bray, Days, Wheeler, Coleman and Wilson.

An Act to repeal sections 546.680, 546.690, 546.700, 546.710, 546.720, 546.730, 546.740, 546.750, 546.800, 546.810, 546.820, 565.004, 565.006, 565.020, 565.030, 565.032, 565.035, and 565.040, RSMo, and to enact in lieu thereof four new sections relating to repealing the death penalty, with penalty provisions.

SB 293-By Bray, Days, Wheeler, Wilson, Graham and Coleman.

An Act to repeal sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070, and 213.101, RSMo, and to enact in lieu thereof nine new sections relating to human rights.

SB 294-By Bray.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to the creation of freedom=choice special license plates.

SB 295-By Dolan.

An Act to amend chapters 41 and 143, RSMo, by adding thereto two new sections relating to the creation of a Missouri military family relief fund, with a termination date for a certain section.

SB 296-By Coleman.

An Act to amend chapter 173, RSMo, by adding thereto one new section relating to eligibility for in-state tuition at Missouri institutions of higher education.

SB 297-By Coleman.

An Act to repeal section 168.281, RSMo, and to enact in lieu thereof one new section relating to non-certified employees of the metropolitan school district.

SB 298-By Coleman.

An Act to repeal sections 168.211 and 168.261, RSMo, and to enact in lieu thereof two new sections relating to the powers of the St. Louis public school district superintendent.

SB 299-By Coleman.

An Act to repeal section 168.221, RSMo, and to enact in lieu thereof one new section relating to metropolitan school district principals.

SB 300-By Coleman.

An Act to repeal sections 441.060 and 535.300, RSMo, and to enact in lieu thereof twenty-eight new sections relating to landlords and tenants.

SB 301-By Coleman, Kennedy and Dougherty.

An Act to repeal section 84.160, RSMo, and to enact in lieu thereof one new section relating to maximum amounts of compensation for police officers, with an emergency clause.

SB 302-By Coleman.

An Act to repeal section 162.601, RSMo, and to enact in lieu thereof one new section relating to school board elections.

SB 303-By Dougherty, Days, Wheeler, Coleman, Wilson and Bray.

An Act to amend chapter 565, RSMo, by adding thereto one new section relating to the creation of a death penalty commission.

SJR 15-By Coleman.

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article IX of the Constitution of Missouri relating to education.

CONCURRENT RESOLUTIONS

Senator Crowell offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 3

WHEREAS, congenital heart defects are the most frequently occurring birth defect and the leading cause of birth defect related deaths worldwide; and

WHEREAS, more than one million families across America are facing the challenges and hardships of raising children with congenital heart defects; and

WHEREAS, each year 40,000 babies are born with congenital heart defects in the United States; and

WHEREAS, some congenital heart defects are not diagnosed until months or years after birth; and

WHEREAS, undiagnosed congenital heart conditions cause many cases of sudden cardiac death in young athletes; and

WHEREAS, despite these conditions, newborns and young athletes are not routinely screened for congenital heart defects; and

WHEREAS, Congenital Heart Defect Awareness Day provides an opportunity for families whose lives have been affected to celebrate life and to remember loved ones lost, to honor dedicated health professionals, and to meet others and know they are not alone; and

WHEREAS, the establishment of Congenital Heart Defect Awareness Day will also provide the opportunity to share experience and information with the public and the media in order to raise public awareness about congenital heart defects:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Senate, Ninety-third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby recognize February 14, 2005, as Congenital Heart Defect Awareness Day in Missouri.

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:

John M. Carnahan, III; David G. Wasinger and John Douglas Russell, as members of the University of Missouri Board of Curators;

Also,

Albert M. Spradling, III, as a member of the Southeast Missouri State University Board of Regents;

Also,

John P. Howerton, Jeffrey D. Case and Gordon Spilker, as members of the Missouri Agricultural and Small Business Development Authority;

Also,

J. Beto Lopez, as a member of the Jackson County Sports Complex Authority;

Also,

Roger L. Pryor, to the St. Charles County Convention and Sports Facilities Authority;

Also,

Michael L. Craighead, M.D., as a member of the State Board of Registration for the Healing Arts;

Also,

Carson Ross, as a member of the Missouri Veterans' Commission.

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.

President Pro Tem Gibbons assumed the Chair.

Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which were referred SB 1 and SB 130, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

February 2, 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:

Linward Appling, 302 Ridgeway Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Advisory Committee for 911 Service Oversight, for a term ending April 9, 2006, and until his successor is duly appointed and qualified; vice, Linward Appling, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Cynthia Webb Bald, 105 Eagles Landing Parkway, Cameron, Clinton County, Missouri 64429, as a member of the State Board of Cosmetology, for a term ending July 1, 2008, and until her successor is duly appointed and qualified; vice, Cynthia Webb Bald, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

M. Jenise Comer, 7416 Richmond Avenue, Kansas City, Jackson County, Missouri 64133, as a member of the State Committee for Social Workers, for a term ending October 23, 2007, and until her successor is duly appointed and qualified; vice, M. Jenise Comer, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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 R. Curbow, 714 Parkmor Heights, Nixa, Christian County, Missouri 65714, as a member of the Missouri Board of Examiners for Hearing Instrument Specialists, for a term ending January 11, 2008, and until her successor is duly appointed and qualified; vice, Linda R. Curbow, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Carol Ann Freeman, 6273 Highway MM, Cabool, Texas County, Missouri 65689, as a member of the Advisory Committee for 911 Service Oversight, for a term ending April 9, 2008, and until her successor is duly appointed and qualified; vice, Carol Ann Freeman, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Margaret Freeman, 831 Hart Street, Poplar Bluff, Butler County, Missouri 63901, 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, Margaret Freeman, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Christopher G. Goodson, 1515 Missouri Avenue, Saint Louis City, Missouri 64104, as a member of the St. Louis City Board of Police Commissioners, for a term ending January 31, 2009, and until his successor is duly appointed and qualified; vice, Susan Rollins, term expired.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

James M. Harig, Republican, 106 Old Logging Road, Labadie, Franklin County, Missouri 63055, as a member of the Amusement Ride Safety Board, for a term ending April 17, 2009, and until his successor is duly appointed and qualified; vice, James M. Harig, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Christel H. Johnson, 7420 Washington, Kansas City, Jackson County, Missouri 64114, as a member of the Advisory Council for Professional Physical Therapists, for a term ending October 7, 2007, and until her successor is duly appointed and qualified; vice, Christel H. Johnson, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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 D. LaBore, 1421 Woodhue Drive, Saint Louis, Saint Louis County, Missouri 63126, as a member of the Bi-State Development Agency of the Missouri - Illinois Metropolitan District, for a term ending November 10, 2008, and until his successor is duly appointed and qualified; vice, Richard D. LaBore, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Donald D. Landon, 2065 South Cedarbrook, Springfield, Greene County, Missouri 65804, as a member of the Seismic Safety Commission, for a term ending July 1, 2006, and until his successor is duly appointed and qualified; vice, Donald D. Landon, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Arlene V. McClendon, 6231 Hancock Street, Berkeley, Saint Louis County, Missouri 63134, as a member of the State Board of Barber Examiners, for a term ending April 25, 2008, and until her successor is duly appointed and qualified; vice, Arlene V. McClendon, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Teri A. Murray, R.N., Ph.D., 948 Sprinters Row Drive, Florissant, Saint Louis County, Missouri 63034, as a member of the Missouri State Board of Nursing, for a term ending June 1, 2008, and until her successor is duly appointed and qualified; vice, Teri A. Murray, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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 P. Phillips, Republican, 113 Dockside Drive, Lake Tapawingo, Jackson County, Missouri 64014, as a member of the Central Missouri State University Board of Governors, for a term ending January 1, 2011, and until his successor is duly appointed and qualified; vice, John J. Dralus, term expired.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Charity F. Shelton, 1419 McVey Street, Mount Vernon, Lawrence County, Missouri 65712, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 2006, and until her successor is duly appointed and qualified; vice, Charity F. Shelton, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 2, 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:

Hillred Kay Thurston, R.N., 1010 Meadow Lane, Dexter, Stoddard County, Missouri 63841, as a member of the Missouri State Board of Nursing, for a term ending June 1, 2008, and until her successor is duly appointed and qualified; vice, Hillred Kay Thurston, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

February 1, 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:

Trish E. Vincent, 1744 Brookside Boulevard, Jefferson City, Cole County, Missouri 65101, as a member of the Multi-State Tax Commission, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Carol Russell Fischer.

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 238--Ways and Means.

SB 239--Ways and Means.

SB 262--Economic Development, Tourism and Local Government.

SB 263--Financial and Governmental Organi-zations and Elections.

SB 264--Ways and Means.

SB 265--Economic Development, Tourism and Local Government.

SB 266--Education.

SB 267--Ways and Means.

SB 268--Ways and Means.

SB 269--Ways and Means.

SB 270--Financial and Governmental Organi-zations and Elections.

SB 271--Judiciary and Civil and Criminal Jurisprudence.

SB 272--Ways and Means.

SB 273--Economic Development, Tourism and Local Government.

SB 274--Small Business, Insurance and Industrial Relations.

COMMUNICATIONS

Senator Gibbons submitted the following:

February 2, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment of Joint Committee on Missouri State Employees Retirement Board of Trustees MOSERS

Dear Terry:

Pursuant to Section 104.450 of the Revised Statutes of Missouri (RSMo 2002), I am appointing the following senators to the Joint Committee on Missouri State Employees Retirement System Board of Trustees MOSERS:

Senator Jason Crowell

Senator Timothy Green

If you have any questions, please feel free to contact me at your earliest convenience.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

President Pro Tem

Also,

February 3, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment of Joint Committee on Missouri Investment Trust Board of Trustees

Dear Terry:

Pursuant to Section 30.953 of the Revised Statutes of Missouri (RSMo 2002), I am appointing the following senator to the Joint Committee on Missouri Investment Trust Board of Trustees:

Senator Gary Nodler

If you have any questions, please feel free to contact me at your earliest convenience.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

President Pro Tem

Also,

February 2, 2005

The Honorable Mike Gibbons

President Pro Tem

Missouri Senate

Capitol Building, Room 326

Jefferson City, Missouri 65101

Dear Senator Gibbons,

I respectfully submit my resignation from the Joint Committee on Legislative Research.

Sincerely,

/s/ Joan Bray

Joan Bray

Also,

February 3, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment of Joint Committee on Legislative Research

Dear Terry:

Pursuant to Section 23.010 of the Revised Statutes of Missouri (RSMo 2002), I am appointing the following senator to the Joint Committee on Legislative Research:

Senator Timothy Green

If you have any questions, please feel free to contact me at your earliest convenience.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

President Pro Tem

INTRODUCTIONS OF GUESTS

Senator Dolan introduced to the Senate, Presiding Commissioner Sean O'Brian and Associate Commissioner Jim Mayes, Lincoln County.

Senator Nodler introduced to the Senate, Presiding Commissioner Rex Wilkinson, Associate Commissioner former State Representative Bill Marshall and Associate Commissioner Eugene Stamp, Dade County.

Senator Stouffer introduced to the Senate, Babs Wolfender, Lawson.

Senator Shields introduced to the Senate, County Commissioners Tom Pryor and Jim Plunkett, Platte County.

On motion of Senator Shields, the Senate adjourned until 4:00 p.m., Monday, February 7, 2005.

SENATE CALENDAR

______

EIGHTEENTH DAY-MONDAY, FEBRUARY 7, 2005

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

SBs 1 & 130-Loudon, et al, with SCS

RESOLUTIONS

To be Referred

SCR 3-Crowell