Journal of the Senate

FIRST REGULAR SESSION



THIRTY-SEVENTH DAY—THURSDAY, MARCH 10, 2005





       The Senate met pursuant to adjournment.

       Senator Griesheimer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “Saying ‘Yes’ to God’s gift of love and life primarily and above all else means choosing love as a life principle.” (John Powell)

          Loving God, as we complete this day’s work and journey back to those we love, let us be thankful for Your teaching us the meaning of loving imperfect people as ourselves so that we might overlook the flaws of others. And help us, Lord, make love our “life principle” expressing it in the varied relationships You have given 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 Clemens offered Senate Resolution No. 653, regarding Edwin P. Hubble Elementary School, Marshfield, which was adopted.

       Senator Crowell offered Senate Resolution No. 654, regarding the 2004-2005 Jackson High School Music Program, which was adopted.

       Senator Crowell offered Senate Resolution No. 655, regarding the Perry County Middle School Seventh Grade Girls Basketball Team, Perryville, which was adopted.

       Senator Wilson offered Senate Resolution No. 656, regarding the Seventy-fifth Birthday of Ida Marie Hughes, which was adopted.

       Senator Wilson offered Senate Resolution No. 657, regarding Raymond Handy, Sr., which was adopted.

       Senator Purgason offered Senate Resolution No. 658, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Edward Boer, Lebanon, which was adopted.

       Senator Purgason offered Senate Resolution No. 659, regarding the Fifty-fifth Wedding Anniversary of Mr. and Mrs. Lester Allen Graff, which was adopted.

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 SS for SCS for SB 237, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

       Senator Gross, Chairman of the Committee on Appropriations, submitted the following report:

       Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 14, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE BILLS FOR PERFECTION

       Senator Cauthorn moved that SB 187 be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       Senator Graham offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Bill No. 187, Page 5, Section 640.715, Line 4, by deleting the opening and closing brackets.

       Senator Graham moved that the above amendment be adopted.

       President Kinder assumed the Chair.

       Senator Cauthorn offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

       Amend Senate Bill No. 187, Page 5, Section 640.715, Line 27, by inserting after all of said line the following:

       2. The owner or operator of any class 1B concentrated animal feeding operation shall provide the following information to adjoining property owners:

       (1) The number of animals anticipated at such facility;

       (2) A general description of the waste handling plan and layout of the facility;

       (3) The location and number of acres of such facility; and

       (4) The name, address, and telephone number of a contact person for further information as it relates to subdivisions (1) to (3) of this subsection.”; and

       Further amend said section by renumbering the remaining subsections accordingly.

       Senator Cauthorn moved that the above substitute amendment be adopted.

       Senator Graham raised the point of order that SSA 1 for SA 1 is out of order as it is not a true substitute amendment, in that it deals with a different subject matter.

       The point of order was referred to the President Pro Tem, who ruled it not well taken.

       SSA 1 for SA 1 was again taken up.

       Senator Gross assumed the Chair.

       Senator Cauthorn moved that SSA 1 for SA 1 be adopted, which motion prevailed.

       Senator Nodler assumed the Chair.

       Senator Clemens assumed the Chair.

       Senator Bray offered SA 2, which was read:

SENATE AMENDMENT NO. 2

       Amend Senate Bill No. 187, Page 4, Section 640.710, Lines 40-45, by striking all of said lines; and further amend said section and page, line 46 by striking all of said line and inserting in lieu thereof the following: “3. Except as provided in subsections [3 and] 4 and 5 of this section, the”; and further amend said section, page 5, line 73 by striking the opening and closing brackets; and further renumber the remaining subsections accordingly; and further amend section 640.715, page 5, line 8 by striking “4” and inserting in lieu thereof the following: “3”.

       Senator Bray moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Green, Kennedy, Callahan and Wheeler.

       SA 2 failed of adoption by the following vote:

 

YEAS—Senators

 

 

Bray

Callahan

Coleman

Days

Dougherty

Graham

Green

Kennedy

Wheeler

Wilson—10

 

 

 

 

 

 

 

NAYS—Senators

 

 

Bartle

Cauthorn

Champion

Clemens

Crowell

Dolan

Gibbons

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—21

 

 

 

 

 

 

 

 

Absent—Senator Engler—1

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       On motion of Senator Cauthorn, SB 187, as amended, was declared perfected and ordered printed.

MESSAGES FROM THE HOUSE

       The following messages were 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 HCS No. 2 for HBs 94 and 185, entitled:

       An Act to amend chapter 173, RSMo, by adding thereto one new section relating to tuition grants for dependents and spouses of military members.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 365, entitled:

       An Act to repeal section 50.535, RSMo, and to enact in lieu thereof one new section relating to the county sheriff’s revolving fund, with an emergency clause.

       Emergency clause adopted.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 100, entitled:

       An Act to repeal sections 188.015, 188.075, 188.080, and 197.200, RSMo, and to enact in lieu thereof six new sections relating to abortion information, regulations, and services for minors, with penalty provisions.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 186, entitled:

       An Act to repeal sections 56.060, 56.631, 56.640, 56.650, 56.660, 67.1775, 67.1922, 67.1934, 94.700, 144.518, 184.357, 210.860, and 210.861, RSMo, and to enact in lieu thereof twenty new sections relating to county government, with an emergency clause for a certain section.

       Emergency clause adopted.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 48, entitled:

       An Act to repeal sections 144.518 and 184.357, RSMo, and to enact in lieu thereof three new sections relating to museum and tourism-related activities, with an emergency clause.

       Emergency clause adopted.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

REPORTS OF STANDING COMMITTEES

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

       Mr. President: Your Committee on Gubernatorial 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:

       Jeanne M. Lillig-Patterson and Martha L. Boswell, as members of the Coordinating Board for Higher Education;

       Also,

       Dana D. Thompson, as a member of the Board of Probation and Parole;

       Also,

       William J. Luetkenhaus, as a member of the Missouri Housing Development Commission;

       Also,

       Gregory M. Brown, as a member of the Missouri Fire Education Commission;

       Also,

       Michael D. Geske, as a member of the Missouri Ethanol and Other Renewable Fuel Sources Commission;

       Also,

       Rodney J. Boyd, as a member of the Lincoln University Board of Curators;

       Also,

       Linda Hickam-Fountain, D.V.M., as a member of the Missouri Veterinary Medical Board;

       Also,

       Donald W. McNutt, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees;

       Also,

       Samuel L. Shipman, as a member of the Corrections Officer Certification 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.

RESOLUTIONS

       Senator Gross offered Senate Resolution No. 660, regarding Glenda Roe Parker, Florissant, which was adopted.

       Senator Gross offered Senate Resolution No. 661, regarding the Commerce Bank, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 662, regarding James Gregory, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 663, regarding Steve Pope, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 664, regarding Mary Magrew, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 665, regarding Richard Ruffert, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 666, regarding Kevin Bohnert, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 667, regarding Donald Garrison, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 668, regarding Patricia Singley, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 669, regarding Latricia Baldwin, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 670, regarding Ronald Arbuthnot, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 671, regarding John Hoffmann, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 672, regarding Julie Stevens, Saint Charles, which was adopted.

       On motion of Senator Shields, the Senate recessed until 2:00 p.m.

RECESS

       The time of recess having expired, the Senate was called to order by Senator Clemens.

REPORTS OF STANDING COMMITTEES

       On behalf of Senator Shields, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, Senator Taylor submitted the following report:

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 355, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

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

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SB 539, begs leave to report that it has considered the same and recommends that the bill do pass.

MESSAGES FROM THE HOUSE

       The following messages were 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 HB 114, entitled:

       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.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SS for SCS for HCS for HB 393, as amended, and request the Senate to recede from its position and failing to do so grant the House a conference thereon.

RESOLUTIONS

       Senators Dolan and Gross offered Senate Resolution No. 673, regarding Paul Renaud, O’Fallon, which was adopted.

INTRODUCTIONS OF GUESTS

       Senator Loudon introduced to the Senate, Barb Ryan, Liz Morrison, Amber Booth and Sean Edwards, students from Parkway South High School, St. Louis.

       Senator Purgason introduced to the Senate, Charlie Erickson, Peace Valley.

       Senator Coleman introduced to the Senate, Lynne Nelson and seventy-five seventh and eighth grade students from St. John the Baptist School, St. Louis.

       Senator Crowell introduced to the Senate, students from Cape Christian School, Cape


Girardeau.

       Senator Klindt introduced to the Senate, the Physician of the Day, Dr. James D. Humphrey, M.D., Mound City.

       Senator Engler introduced to the Senate, members of the 1140 National Guard Unit and their families.

       Senator Kennedy introduced to the Senate, Melanie Acker, Richard Money, Donna Bowers and Kathy Kresler, St. Louis.

       Senator Bray introduced to the Senate, Judy Neely, Mindy Rugger, Julia Graham and sixty-five fourth grade students from Drummond Elementary School, St. Ann.

       On motion of Senator Taylor, the Senate adjourned until 4:00 p.m., Monday, March 14, 2005.

 

SENATE CALENDAR

______

 

THIRTY-EIGHTH DAY–MONDAY, MARCH 14, 2005

______

 

FORMAL CALENDAR

 

HOUSE BILLS ON SECOND READING

 

HCS for HB 441

HCS for HB 347

HCS for HB 468

HB 248-Pearce

HCS for HB 297

HCS for HB 135

HB 229-Portwood

HB 230-Portwood


HCS for HB 379

HCS#2 for HBs 94 & 185

HCS for HB 365

HB 100-Cunningham, et al

HCS for HB 186

HB 48-Dougherty

HB 114-Johnson (47)

 


THIRD READING OF SENATE BILLS

 

SCS for SBs 221, 250 & 256-Dolan

   (In Fiscal Oversight)

SB 88-Klindt

SS for SCS for SB 32-Bartle

   (In Fiscal Oversight)

SS for SCS for SB 237-Klindt

 


 


SENATE BILLS FOR PERFECTION

 

SB 291-Mayer, et al, with SCS

SB 5-Klindt, with SCS

SB 50-Taylor and Nodler, with SCS

SB 324-Scott, with SCS

SB 152-Wilson, with SCS


SB 160-Bartle, et al

SB 2-Loudon and Gross, with SCS

SB 168-Dolan, et al, with SCS

SB 539-Purgason, et al

 


 

HOUSE BILLS ON THIRD READING

 

HCS for HB 14, with SCS (Gross)

 

INFORMAL CALENDAR

 

SENATE BILLS FOR PERFECTION

 

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

SB 185-Loudon, et al, with SA 1 (pending)

 


SB 225-Cauthorn, with SCS &

   SS#2 for SCS (pending)

SB 269-Shields and Callahan, with SCS


 

CONSENT CALENDAR

 

Senate Bills

 

Reported 2/28

 

SB 318-Crowell (In Fiscal Oversight)

 

Reported 3/7

 

SB 367-Cauthorn

SB 265-Taylor

SB 288-Klindt

SB 289-Engler, with SCS

SB 307-Purgason


SB 364-Purgason

SB 133-Loudon and Gross, with SCS

SB 308-Purgason

SB 28-Dolan, with SCS

 


Reported 3/8

 

SB 423-Bartle, with SCS

SB 279-Taylor

SB 422-Bartle

SB 68-Shields, with SCS


SB 298-Coleman

SB 299-Coleman

SB 306-Purgason

SB 155-Mayer, with SCS#2

 


SB 302-Coleman, with SCS

SB 501-Gibbons, with SCS

SB 182-Scott, with SCS

SB 261-Loudon

 


BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES

 

In Conference

 

SS for SCS for SBs 1 & 130-Loudon, with

   HCS, as amended

 

Requests to Recede or Grant Conference

 

HCS for HB 393, with SS for SCS,

   as amended (Scott)

   (House requests Senate

   recede or grant conference)

 

RESOLUTIONS

 

To be Referred

 

SCR 9-Bray, et al

SCR 10-Scott

 


SCR 11-Green