Journal of the Senate

FIRST REGULAR SESSION



THIRTY-EIGHTH DAY—MONDAY, MARCH 14, 2005





       The Senate met pursuant to adjournment.

       Senator Griesheimer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “For we are God’s fellow-workers: We are God’s husbandry, God’s builders.” (I Corinthians 3:9)

          Gracious God, we give You thanks and praise for the honor You have shown us by making us Your co-workers, to cooperate with Your will for us, to be willing to work and even sacrifice in our caring for our fellow citizens. We know, Lord, that by doing so we are doing the work You have for us, for You have given us eyes to see the needs of Your people and time in which to use wisely and productively. 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 for Thursday, March 10, 2005, was read and approved.

       Senator Shields announced that photographers from Public Access Television, St. Louis, KMIZ-TV and KOMU-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 Stouffer offered Senate Resolution No. 674, regarding Mr. and Mrs. Jacob Aumock, which was adopted.

       Senator Stouffer offered Senate Resolution No. 675, regarding Mr. and Mrs. Lloyd Pannell, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 676, regarding Mr. and Mrs. Brent Niemeier, Jefferson City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 677, regarding Mr. and Mrs. David Linville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 678, regarding Mr. and Mrs. Curtis Kemble, which was adopted.

       Senator Shields offered Senate Resolution No. 679, regarding Colonel Kenneth H. Nash, Saint Joseph, which was adopted.

       Senator Shields offered Senate Resolution No. 680, regarding Jared R. Hill, Platte City, which was adopted.

       Senator Champion offered Senate Resolution No. 681, regarding Jack C. Ernst, Jr., Ed.D., Springfield, which was adopted.

       Senator Stouffer offered Senate Resolution No. 682, regarding John M. Eichelberger, Boonville, which was adopted.

       Senator Kennedy offered Senate Resolution No. 683, regarding Sergeant Charles Marvin, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 684, regarding Daniel Nieters, St. Louis, which was adopted.

       Senator Kennedy offered Senate Resolution No. 685, regarding Michael A. Mueller, St. Louis, which was adopted.

       Senator Stouffer offered Senate Resolution No. 686, regarding the One Hundredth Anniversary of St. Paul’s Lutheran Church, Concordia, which was adopted.

       Senator Purgason offered Senate Resolution No. 687, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Stanley Hicks, Houston, which was adopted.

       Senator Purgason offered Senate Resolution No. 688, regarding the Sixty-eighth Wedding Anniversary of the Reverend and Mrs. William Abney, Willow Springs, which was adopted.

       Senator Purgason offered Senate Resolution No. 689, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Cleo Elam, Lebanon, which was adopted.

       Senator Coleman offered the following resolution:

SENATE RESOLUTION NO. 690

          WHEREAS, the Missouri General Assembly has a long tradition of rendering assistance to those programs aimed at developing qualities of citizenship and leadership within our youth; and

          WHEREAS, the Missouri Girls State program of the American Legion Auxiliary has earned considerable recognition for its success in providing young women with a unique and valuable insight into the process of democratic government through a format of direct role-playing experience; and

          WHEREAS, during June 2005, the American Legion Auxiliary, Department of Missouri, is conducting the Sixty-fourth annual session of Missouri Girls State; and

          WHEREAS, an important highlight of this event is the conducting of a mock legislative session in the senate Chamber at the State Capitol where participants will gather to gain a more realistic insight into official governmental and electoral proceedings:

          NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-third General Assembly, hereby grant the adult leaders and participants of the Sixty-fourth Session of the Missouri Girls State permission to use the Senate Chamber for the purpose of conducting a mock legislative session on Tuesday, June 21, 2005, from 9:30 a.m. to 12:00 p.m.

       Senator Coleman requested unanimous consent of the Senate that the rules be suspended for the purpose of taking SR 690 up for adoption, which request was granted.

       On motion of Senator Coleman, SR 690 was adopted.

       Senator Champion offered Senate Resolution No. 691, regarding the Ozarks Technical Community College, Springfield, which was adopted.

THIRD READING OF SENATE BILLS

       SB 88, introduced by Senator Klindt, entitled:

       An Act to repeal section 261.241, RSMo, and to enact in lieu thereof two new sections relating to food inspection.

       Was taken up.

       On motion of Senator Klindt, SB 88 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Engler

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—27

 

 

 

 

 

 

NAYS—Senators

 

 

Dougherty

Wheeler

Wilson—3

 

 

 

 

 

 

Absent—Senators

 

 

Gibbons

Purgason—2

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       President Kinder assumed the Chair.

       The President declared the bill passed.

       On motion of Senator Klindt, title to the bill was agreed to.

       Senator Klindt moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

       SS for SCS for SB 237, introduced by Senator Klindt, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 237

       An Act to repeal sections 386.020, 392.200, 392.245, 392.500, 536.024, and 536.037, RSMo, and to enact in lieu thereof seven new sections relating to telecommunications companies.

       Was taken up.

       On motion of Senator Klindt, SS for SCS for SB 237 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—28

 

 

 

 

 

NAYS—Senators

 

 

Bray

Dougherty

Wheeler

Wilson—4

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       The President declared the bill passed.

       On motion of Senator Klindt, title to the bill was agreed to.

       Senator Klindt moved that the vote by which the bill passed be reconsidered.

       Senator Shields moved that motion lay on the table, which motion prevailed.

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 187, 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 Dolan, Chairman of the Committee on Transportation, submitted the following report:

       Mr. President: Your Committee on Transportation, to which was referred SB 374, 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 Champion, Chairman of the Comm-ittee on Aging, Families, Mental and Public Health, submitted the following reports:

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 323, 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 Aging, Families, Mental and Public Health, to which was referred SB 347, 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 Aging, Families, Mental and Public Health, to which was referred SB 518, 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 Aging, Families, Mental and Public Health, to which were referred SB 75 and SB 353, 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 Vogel, Chairman of the Committee on Ways and Means, submitted the following report:

       Mr. President: Your Committee on Ways and Means, to which was referred SB 170, 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 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 401, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Senator Nodler, Chairman of the Committee on Education, submitted the following report:

       Mr. President: Your Committee on Education, to which was referred SB 480, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Senator Scott, Chairman of the Committee on Financial and Governmental Organizations and Elections, submitted the following reports:

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 496, 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.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 84, 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.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 394, 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 Financial and Governmental Organizations and Elections, to which was referred SB 476, 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 Financial and Governmental Organizations and Elections, to which was referred SB 479, 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 Financial and Governmental Organizations and Elections, to which was referred SB 358, 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 Financial and Governmental Organizations and Elections, to which was referred SB 348, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 526, 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

       At the request of Senator Mayer, SB 291, with SCS, was placed on the Informal Calendar.

       SB 5, with SCS, was placed on the Informal Calendar.

       At the request of Senator Taylor, SB 50, with SCS, was placed on the Informal Calendar.

       At the request of Senator Scott, SB 324, with SCS, was placed on the Informal Calendar.

       At the request of Senator Wilson, SB 152, with SCS, was placed on the Informal Calendar.

       At the request of Senator Bartle, SB 160 was placed on the Informal Calendar.

       SB 2, with SCS, was placed on the Informal Calendar.

       At the request of Senator Dolan, SB 168, with SCS, was placed on the Informal Calendar.

       Senator Purgason moved that SB 539 be taken up for perfection, with motion prevailed.

       Senators Purgason, Bartle, Scott, Gibbons, Dolan, Ridgeway and Crowell offered SS for SB 539, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 539

       An Act to repeal sections 178.661, 178.662, 178.664, 178.666, 178.669, 178.671, 178.673, 208.010, 208.146, 208.151, 208.152, 208.162, 208.215, 208.225, 208.550, 208.553, 208.556, 208.559, 208.562, 208.565, 208.568, 208.571, 453.072, and 453.073, RSMo, and to enact in lieu thereof twenty-nine new sections relating to health care and social services, with penalty provisions and an emergency clause for a certain section.

       Senator Purgason moved that SS for SB 539 be adopted.

       Senator Griesheimer assumed the Chair.

       At the request of Senator Purgason, SB 539, with SS (pending), was placed on the Informal Calendar.

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 HCS for HB 174, entitled:

       An Act to repeal sections 339.100, 339.710, 339.720, and 339.780, RSMo, and to enact in lieu thereof four new sections relating to real estate agents and brokers.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

PRIVILEGED MOTIONS

       Senator Scott moved that the Senate refuse to recede from its position on SS for SCS for HCS for HB 393, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE

APPOINTMENTS

       President Pro Tem Gibbons appointed the following conference committee to act with a like committee from the House on SS for SCS for HCS for HB 393, as amended: Senators Scott, Bartle, Shields, Callahan and Wheeler.

REPORTS OF STANDING COMMITTEES

       On behalf of Senator Griesheimer, Chairman of the Committee on Economic Development, Tourism and Local Government, Senator Shields submitted the following reports:

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 516, 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 Economic Development, Tourism and Local Government, to which was referred SB 468, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 507, 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 Economic Development, Tourism and Local Government, to which was referred SB 502, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 490, 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 Economic Development, Tourism and Local Government, to which was referred SB 450, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 453, 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 Economic Development, Tourism and Local Government, to which was referred SB 431, 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 Economic Development, Tourism and Local Government, to which was referred SB 392, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 380, 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 Economic Development, Tourism and Local Government, to which was referred SB 372, 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.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 361, 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 Economic Development, Tourism and Local Government, to which was referred SB 343, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

       Senator Gibbons offered Senate Resolution No. 692, regarding the members of Phi Theta Kappa’s All-Missouri Academic Team and the Missouri Community College Association, which was adopted.

       On motion of Senator Shields, the Senate recessed until 8:00 p.m.

RECESS

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

 

SENATE BILLS FOR PERFECTION

       Senator Purgason moved that SB 539, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       SS for SB 539 was again taken up.

       Senator Purgason offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Bill No. 539, Page 72, Section 660.670, Line 24 of said page, by striking the word “date” and inserting in lieu thereof the following: “data”; and further amend line 26 of said page, by striking “mailing” and inserting in lieu thereof “Transmitting”.

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

       Senator Kennedy offered SA 2, which was read:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Bill No. 539, Page 32, Section 208.152, Line 15 of said page, by striking the opening bracket “[”; and

       Further amend said bill and section, page 33, line 17 of said page, by striking the closing bracket “]”; and further amend said section by renumbering the remaining subdivisions accordingly.

       Senator Kennedy moved that the above amendment be adopted.

       Senator Clemens assumed the Chair.

       Senator Kennedy requested a roll call vote be taken on the adoption of SA 2 and was joined in his request by Senators Coleman, Dougherty, Wheeler and Wilson.

       Senator Nodler assumed the Chair.

       President Kinder assumed the Chair.

       SA 2 failed of adoption by the following vote:

 

 

YEAS—Senators

 

 

Bray

Callahan

Coleman

Days

Dougherty

Engler

Graham

Green

Kennedy

Wheeler

Wilson—11

 

 

 

 

 

 

NAYS—Senators

 

 

Bartle

Cauthorn

Champion

Crowell

Dolan

Gibbons

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—20

 

 

 

 

 

Absent—Senator Clemens—1

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       Senator Ridgeway offered SA 3:

SENATE AMENDMENT NO. 3

       Amend Senate Substitute for Senate Bill No. 539, Page 65, Section 208.798, Line 10, by deleting “. The” and inserting in lieu thereof “, the”.

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

       Senator Coleman offered SA 4, which was read:

SENATE AMENDMENT NO. 4

       Amend Senate Substitute for Senate Bill No. 539, Page 101, Section B, Line 3, by inserting after all of said line the following:

       “Section C. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on Tuesday next following the first Monday in November, 2006, or at a special election to be called by the governor for that purpose, pursuant to the laws and constitutional provisions of this state applicable to general elections and the submission of referendum measures by initiative petition, and it shall become effective when approved by a majority of the votes cast thereon at such election and not otherwise.”; and

       Further amend the title accordingly.

       Senator Coleman moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Wheeler, Dougherty, Wilson and Graham.

       SA 4 failed of adoption by the following vote:

 

YEAS—Senators

 

 

Bray

Callahan

Coleman

Dougherty

Graham

Kennedy

Wheeler

Wilson—8

 

 

 

 

 

NAYS—Senators

 

 

Bartle

Cauthorn

Champion

Clemens

Crowell

Dolan

Engler

Gibbons

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—22

 

 

 

 

 

 

 

Absent—Senators

 

 

Days

Green—2

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       Senator Wheeler offered SA 5, which was read:

SENATE AMENDMENT NO. 5

       Amend Senate Substitute for Senate Bill No. 539, Page 29, Section 208.152, Line 17 of said page, by striking the opening bracket “[”; and further amend line 19 of said page, by striking the closing bracket “]”; and further amend said subsection by renumber the remaining subdivisions accordingly.

       Senator Wheeler moved that the above amendment be adopted.

       Senator Ridgeway assumed the Chair.

       A quorum was established by the following vote:

 

Present—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—30

 

 

 

Absent—Senators

 

 

Crowell

Loudon—2

 

 

 

Absent with leave—Senators—None

 

 

 

Vacancies—2

 

 

 

       SA 5 was again taken up.

       A quorum was established by the following vote:

 

Present—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Griesheimer

Gross

Kennedy

Klindt

Koster

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—30

 

 

 

 

 

 

 

Absent—Senators

 

 

Green

 

Loudon—2

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       SA 5 was again taken up.

       Senator Wheeler moved that the above amendment be adopted.

       Senator Callahan requested a roll call vote be taken and was joined in his request by Senators Days, Dougherty, Wheeler and Wilson.

       SA 5 failed of adoption by the following vote:

 

YEAS—Senators

 

 

Bray

Callahan

Coleman

Days

Dougherty

Engler

Graham

Kennedy

Mayer

Wheeler

Wilson—11

 

 

 

 

 

 

NAYS—Senators

 

 

Bartle

Cauthorn

Champion

Clemens

Crowell

Gibbons

Griesheimer

Gross

Klindt

Koster

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—18

 

 

 

 

 

 

 

Absent—Senators

 

 

Dolan

Green

Loudon—3

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       Senator Purgason offered SA 6:

SENATE AMENDMENT NO. 6

       Amend Senate Substitute for Senate Bill No. 539, Page 72, Section 660.670, Lines 27-28 of said page, by striking all of said lines and inserting in lieu thereof the following: “care attendant on behalf of the consumer.”; and further amend page 73, lines 1-2 by striking all of said lines.

       Senator Purgason moved that the above amendment be adopted.

       A quorum was established by the following vote:

 

Present—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Engler

Gibbons

Graham

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wilson—29

 

 

 

 

 

 

 

 

Absent—Senators

 

 

Dougherty

Green

Wheeler—3

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       SA 6 was again taken up.

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

       Senator Crowell assumed the Chair.

       Senator Purgason offered SA 7:

SENATE AMENDMENT NO. 7

       Amend Senate Substitute for Senate Bill No. 539, Page 53, Section 208.225, Line 16, by inserting after all of said line the following:

       “208.640. [1. Parents and guardians of uninsured children with available incomes between one hundred eighty-six and two hundred twenty-five percent of the federal poverty level are responsible for a five-dollar co-payment.

       2.] Parents and guardians of uninsured children with incomes between [two hundred twenty-six] one hundred fifty-one and three hundred percent of the federal poverty level who do not have access to affordable employer- sponsored health care insurance or other affordable health care coverage may obtain coverage pursuant to this [subsection] section. For the purposes of sections 208.631 to 208.657, “affordable employer-sponsored health care insurance or other affordable health care coverage” refers to health insurance requiring a monthly premium less than or equal to one hundred thirty-three percent of the monthly average premium required in the state's current Missouri consolidated health care plan. The parents and guardians of eligible uninsured children pursuant to this [subsection] section are responsible [for co-payments equal to the average co-payments required in the current Missouri consolidated health care plan rounded to the nearest dollar, and] a monthly premium equal to the average premium required for the Missouri consolidated health care plan; provided that the total aggregate cost sharing for a family covered by these sections shall not exceed five percent of such family's income for the years involved. No

 

co-payments or other cost sharing is permitted with respect to benefits for well-baby and well-child care including age-appropriate immunizations. Cost-sharing provisions pursuant to sections 208.631 to 208.657 shall not exceed the limits established by 42 U.S.C. Section 1397cc(e).”; and

       Further amend the title and enacting clause accordingly.

       Senator Purgason moved that the above amendment be adopted.

       At the request of Senator Purgason, SB 539, with SS and SA 7 (pending), was placed on the Informal Calendar.

INTRODUCTIONS OF GUESTS

       Senator Graham introduced to the Senate, Chip and Mary Ulm, Sam and Lisa Bartow, Jay Luebbert and Stacy Vehige, and members of the Central Missouri Eagles Hockey Team: Cale and Haley Bartow, Grant and Rachel Ulm, Austin and Chandler Luebbert, Jack Hoerchler, Kyle and Justin Vehige, Kevin Asel and Jeremy Richardson.

       Senator Koster introduced to the Senate, C. Wayne Godsey, Kansas City.

       Senator Scott introduced to the Senate, Lynne Albus and her children, Julienne and Joshua, Lowry City; and Julienne and Joshua were made honorary pages.

       On behalf of Senators Crowell, Vogel and herself, Senator Coleman introduced to the Senate, James Lucas Houchin and his mother, Theresa, Sikeston; and John Samuel Lincoln and his mother, Jera, Jefferson City; and James and John were made honorary pages.

       On motion of Senator Shields, the Senate adjourned until 10:30 a.m., Tuesday, March 15, 2005.

SENATE CALENDAR

______

 

THIRTY-NINTH DAY–TUESDAY, MARCH 15, 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)

HCS for HB 174

 


THIRD READING OF SENATE BILLS

 

SCS for SBs 221, 250 & 256-Dolan

   (In Fiscal Oversight)

SS for SCS for SB 32-Bartle

   (In Fiscal Oversight)


SB 187-Cauthorn and Clemens

 


SENATE BILLS FOR PERFECTION

 

SB 348-Clemens

 

HOUSE BILLS ON THIRD READING

 

HCS for HB 14, with SCS (Gross)

 

INFORMAL CALENDAR

 

SENATE BILLS FOR PERFECTION

 

SB 2-Loudon and Gross, with SCS

SB 5-Klindt, with SCS

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

SB 50-Taylor and Nodler, with SCS

SB 152-Wilson, with SCS

SB 160-Bartle, et al

SB 168-Dolan, et al, with SCS

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

SB 291-Mayer, et al, with SCS

SB 324-Scott, with SCS

SB 539-Purgason, et al, with SS &

   SA 7 (pending)


 


 

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


 

Reported 3/14

 

SB 374-Loudon and Bray, with SCS

SB 323-Bartle

SB 347-Clemens and Taylor

SB 518-Kennedy and Graham

SBs 75 & 353-Champion and Wheeler,

   with SCS


SB 170-Gross, with SCS

SB 401-Kennedy

SB 480-Shields

SB 496-Mayer, with SCS

SB 84-Bray, with SCS

SB 394-Nodler

SB 476-Scott

SB 479-Scott

SB 358-Taylor

SB 526-Scott

SB 516-Griesheimer

SB 468-Griesheimer, with SCS

SB 507-Graham

SB 502-Gibbons, with SCS

SB 490-Koster

 


SB 450-Dolan, with SCS

SB 453-Loudon

SB 431-Callahan

SB 392-Coleman, with SCS

SB 380-Wheeler

SB 372-Engler, et al, with SCS

SB 361-Stouffer

SB 343-Bartle, et al

 


BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES

 

In Conference

 

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

   HCS, as amended

 


HCS for HB 393, with SS for SCS, as

   amended (Scott)

 


RESOLUTIONS

 

To be Referred

 

SCR 9-Bray, et al

SCR 10-Scott

 


SCR 11-Green