Journal of the Senate

FIRST REGULAR SESSION



TWENTY-EIGHTH DAY—WEDNESDAY, FEBRUARY 23, 2005





       The Senate met pursuant to adjournment.

       Senator Gross in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “Wisdom consists in doing the next thing you have to do, doing it with your whole heart and finding delight in doing it.” (Meister Eckert)

          Almighty God, as we race through the day may we put our whole selves into what must be done next and may we always embrace every task with maximum efficiency knowing then we have not wasted our time or energy but have given our best effort, doing it as unto You. And, may we always find joy in whatever occupies our lives, for thus You created us. In Your Holy Name we pray. Amen.

       The Pledge of Allegiance to the Flag was recited.

       A quorum being established, the Senate proceeded with its business.

       The Journal of the previous day was read and approved.

       Senator Shields announced that photographers from KRCG-TV were given permission to take pictures in the Senate Chamber today.

       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 Vogel offered Senate Resolution No. 407, regarding the Girl Scouts’ Heart of Missouri Council, which was adopted.

       Senator Vogel offered Senate Resolution No. 408, regarding Janice K. Leivan, Jefferson City, which was adopted.

       Senator Wheeler offered Senate Resolution No. 409, regarding Lyle Keith Querry, Kansas City, which was adopted.

       Senator Crowell offered Senate Resolution No. 410, regarding Lucas Blattel, Chaffee, which was adopted.

       Senator Graham offered Senate Resolution No. 411, regarding Scott W. Shader, Columbia, which was adopted.

       Senator Graham offered Senate Resolution No. 412, regarding Gary W. Meyer, Kansas City, which was adopted.

       Senator Graham offered Senate Resolution No. 413, regarding Jesse Lee “Jay” Curry, Jr., Columbia, which was adopted.

       Senator Graham offered Senate Resolution No. 414, regarding the One Hundred First Birthday of Charles Jefferson, Columbia, which was adopted.

       Senator Dougherty offered Senate Resolution No. 415, regarding the One Hundred First Birthday of Iola Cornelius Henson, St. Louis, which was adopted.

       Senator Wilson offered Senate Resolution No. 416, regarding Gabriel Hendren, which was adopted.

       Senator Wilson offered Senate Resolution No. 417, regarding Burket Jones, which was adopted.

       Senator Wilson offered Senate Resolution No. 418, regarding Jered Maxon, which was adopted.

       Senator Wilson offered Senate Resolution No. 419, regarding Matt Stahl, which was adopted.

       Senator Wilson offered Senate Resolution No. 420, regarding Seth Snyder, which was adopted.

       Senator Wilson offered Senate Resolution No. 421, regarding Sean Patrick Hennessey, Kansas City, which was adopted.

       Senator Crowell offered Senate Resolution No. 422, regarding Coach Carroll Williams, Cape Girardeau, which was adopted.

       Senator Graham offered Senate Resolution No. 423, regarding the One Hundredth Birthday of Roy L. Reed, Columbia, which was adopted.

       Senator Engler offered Senate Resolution No. 424, regarding Clara Grimes, Farmington, which was adopted.

       Senator Engler offered Senate Resolution No. 425, regarding the One Hundredth Birthday of Pearl Bounds, French Village, which was adopted.

       Senator Shields offered Senate Resolution No. 426, regarding Andrew Stephen Bean, Kansas City, which was adopted.

INTRODUCTION OF BILLS

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

       SB 403–By Green.

       An Act to repeal section 337.500, RSMo, and to enact in lieu thereof one new section relating to the licensing of professional counselors.

       SB 404–By Koster.

       An Act to repeal sections 488.031, 488.445, and 488.607, RSMo, and to enact in lieu thereof four new sections relating to court costs.

       SB 405–By Koster.

       An Act to repeal sections 494.430 and 494.432, RSMo, and to enact in lieu thereof two new sections relating to jury service.

       SB 406–By Gross.

       An Act to repeal section 33.282, RSMo, and to enact in lieu thereof one new section relating to limitations upon issuance and redemption of economic development tax credits.

       SB 407–By Mayer.

       An Act to repeal section 461.025, RSMo, and to enact in lieu thereof one new section relating to beneficiary deeds.

       SB 408–By Ridgeway.

       An Act to amend chapter 376, RSMo, by adding thereto one new section relating to health carriers.

       SB 409–By Graham.

       An Act to amend chapter 190, RSMo, by adding thereto one new section relating to automated external defibrillators.

       SJR 19–By Ridgeway.

       Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 6 of article X of the Constitution of Missouri, and adopting one new section in lieu thereof relating to taxation of veterans’ organizations.

REPORTS OF STANDING COMMITTEES

       Senator Crowell, Chairman of the Committee on Pensions, Veterans’ Affairs and General Laws, submitted the following report:

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SB 252, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Senator Scott assumed the Chair.

       Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following reports:

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 177, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 342, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

       Senator Griesheimer moved that SB 179, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SB 179, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 179

       An Act to amend chapter 386, RSMo, by adding thereto one new section relating to cost recovery for utility companies.

       Was taken up.

       Senator Griesheimer moved that SCS for SB 179 be adopted.

       Senator Shields assumed the Chair.

       President Kinder assumed the Chair.

       Senator Scott assumed the Chair.

       At the request of Senator Griesheimer, SB 179, with SCS (pending), was placed on the Informal Calendar.

       Senator Wheeler moved that SB 138, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SB 138, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 138

       An Act to repeal section 92.402, RSMo, and to enact in lieu thereof one new section relating to taxation for public mass transportation systems.

       Was taken up.

       Senator Wheeler moved that SCS for SB 138 be adopted, which motion prevailed.

       On motion of Senator Wheeler, SCS for SB 138 was declared perfected and ordered printed.

       Senator Dolan moved that SB 29, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SB 29, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 29

       An Act to repeal section 226.527, RSMo, and to enact in lieu thereof one new section relating to outdoor advertising.

       Was taken up.

       Senator Dolan moved that SCS for SB 29 be adopted.

       Senator Dougherty offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Committee Substitute for Senate Bill No. 29, Page 2, Section 226.527.4, Line 37, by deleting: “or other approval for any use, structure,”; and all on line 38; and on line 39 “request for rezoning”.

       Senator Dougherty moved that the above amendment be adopted.

       At the request of Senator Dolan, SB 29, with SCS and SA 1 (pending), was placed on the Informal Calendar.

       Senator Bartle moved that SB 32, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SB 32, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 32

       An Act to repeal sections 567.080 and 573.503, RSMo, and to enact in lieu thereof ten new sections relating to sexually-oriented businesses, with penalty provisions and a severability clause.

       Was taken up.

       Senator Bartle moved that SCS for SB 32 be adopted.

       Senator Bartle offered SS for SCS for SB 32, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 32

       An Act to repeal sections 567.080 and 573.503, RSMo, and to enact in lieu thereof ten new sections relating to sexually-oriented businesses, with penalty provisions and a severability clause.

       Senator Bartle moved that SS for SCS for SB 32 be adopted.

       President Kinder assumed the Chair.

       At the request of Senator Bartle, SB 32, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

       SS for SJR 1 was placed on the Informal Calendar.

RESOLUTIONS

       Senator Klindt offered Senate Resolution No. 427, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Darryle Little, Silver Lake, Kansas, which was adopted.

       Senator Klindt offered Senate Resolution No. 428, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Jewell Maize, Pattonsburg, which was adopted.

       Senators Coleman and Bray offered Senate Resolution No. 429, regarding Meade Summers, III, and Jerome Glick, which was adopted.

       Senator Coleman offered Senate Resolution No. 430, regarding the Old North St. Louis Restoration Group, which was adopted.

       Senator Gibbons offered Senate Resolution No. 431, regarding the March of Dimes, which was adopted.

COMMUNICATIONS

       President Pro Tem Gibbons submitted the following:

February 21, 2005

Senator Michael R. Gibbons

President Pro Tem

State Capitol, Room 326

Jefferson City, MO 65101

Dear Senator Gibbons:

I request to be removed from the Joint Committee on Corrections. Your consideration of this request is appreciated. Thank you.

Sincerely,

/s/ Yvonne S. Wilson

Sen. Yvonne Wilson

9th District

INTRODUCTIONS OF GUESTS

       Senator Bartle introduced to the Senate, Homeschoolers from Lee’s Summit; and Maddie Lugenbeel, Peter Lazarz, Noah Loethen and Brittany Goforth were made honorary pages.

       Senator Koster introduced to the Senate, the Physician of the Day, Dr. Michael L. Fessenden, M.D., Peculiar.

       Senator Scott introduced to the Senate, the Physician of the Day, Dr. Susan Burkhart, M.D., Sedalia.

       Senator Loudon introduced to the Senate, Dottie Pasley, Chesterfield; Jean Layton and Sylvia Niederschmidt, Ballwin; and Maxine Reisenleiter, St. Louis.

       On behalf of Senator Dolan and himself, Senator Gross introduced to the Senate, Michael Ballman, D. Paul Baue, Christina Blake, Steve Brennell, Julie Burkemper, Michele Carley, Jeffrey Chapple, Karen Craven, Heather Dawson, Lisa Dunham, Myles Eaton, Brad Farber, Annie Foncannon, Kenneth Gumper, Robert Hembrock, Robert Jones, Esther Lauer, April McKinnies, Leslie Miller, Christine Mills, Ann Randolph, Katherine Roth, Scot Schafer, Myron Sheets, Christina Sherman, Larry Shroth, Jeffrey Smith, Scott Tate, Dana Webb, Karen Sieve, Laura Whittaker, Jim Ottomeyer, Rose Mack, Stephen Phelps, Bruce Sowatsky and Sharon Stormer, Vision St. Charles County Leadership.

       On behalf of Senator Dolan and himself, Senator Gross introduced to the Senate, Mayor Shawn Brown, Alderman Jerry Hollingsworth, Alderman Terry Hawkins, Alderman Rocky Reitmeyer and Alderman Len Pagano, St. Peters.

       Senator Cauthorn introduced to the Senate, Tori Webber and Sharon Schnake, Mexico.

       Senator Griesheimer introduced to the Senate, Lori Nolen and sixty fourth grade students from Owensville Elementary School, Owensville.

       Senator Graham introduced to the Senate, Todd Sletcher, Columbia.

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

SENATE CALENDAR

______

 

TWENTY-NINTH DAY–THURSDAY, FEBRUARY 24, 2005

______

 

FORMAL CALENDAR

 

SECOND READING OF SENATE BILLS

 

SB 381-Ridgeway

SB 382-Vogel

SB 383-Vogel

SB 384-Scott

SB 385-Scott

SB 386-Loudon

SB 387-Loudon

SB 388-Loudon

SB 389-Taylor

SB 390-Taylor

SB 391-Dougherty, et al

SB 392-Coleman

SB 393-Stouffer

SB 394-Nodler

SB 395-Scott

SB 396-Crowell

SB 397-Graham

SB 398-Graham


SB 399-Bray

SB 400-Klindt

SB 401-Kennedy

SB 402-Gibbons, et al

SB 403-Green


SB 404-Koster

SB 405-Koster

SB 406-Gross

SB 407-Mayer

SB 408-Ridgeway

SB 409-Graham

SJR 19-Ridgeway


 


 

HOUSE BILLS ON SECOND READING

 

HCS for HB 441

 

 

SENATE BILLS FOR PERFECTION

 

SB 147-Cauthorn, with SCS

 

 

INFORMAL CALENDAR

 

THIRD READING OF SENATE BILLS

 

SS for SJR 1-Klindt

 

SENATE BILLS FOR PERFECTION

 

SB 29-Dolan, with SCS & SA 1 (pending)

SB 32-Bartle, with SCS & SS for SCS

   (pending)

SB 179-Griesheimer, et al, with SCS

   (pending)


SB 210-Griesheimer, with SCS

SB 225-Cauthorn, with SCS & SS#2 for SCS

   (pending)

 


 

CONSENT CALENDAR

 

Senate Bills

 

Reported 2/14

 

SB 71-Griesheimer

SB 21-Shields


SB 162-Gross

SB 165-Bartle

SB 123-Bartle

SB 149-Nodler

 


SB 189-Gross

SB 171-Purgason

 


 

Reported 2/21

 

SB 242-Scott

SB 131-Loudon

SB 211-Loudon


SB 122-Nodler

SB 6-Klindt, with SCS

 


 

Reported 2/23

 

SB 252-Koster, et al, with SCS

SB 177-Shields


SB 342-Bartle

 


 

RESOLUTIONS

 

Reported from Committee

 

SCR 2-Cauthorn

 


SCR 3-Crowell