Journal of the Senate

FIRST REGULAR SESSION



FORTY-THIRD DAY—TUESDAY, MARCH 29, 2005





       The Senate met pursuant to adjournment.

       Senator Nodler in the Chair.

       Reverend Carl Gauck offered the following prayer:

          Let days speak, and many years teach wisdom. But it is the spirit in a man, the breath of the Almighty, that makes him understand.” (Job 32:7-8)

          Lord, we thank You for this time of rest and re-creation. We return here ready for what lies ahead, knowing we have learned from You during our break. Let us always be open to Your teachings and make ourselves available to learn of Your Word. And Father, we pray for Senator Green at the death of his mother this past weekend and pray that You will comfort and be present with him and his family during this time of grief. 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 Journals for Thursday, March 17, 2005 and Thursday, March 24, 2005, were 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 Shields offered Senate Resolution No. 830, regarding Billy D. Cole, St. Joseph, which was adopted.

       Senator Shields offered Senate Resolution No. 831, regarding the birth of Jenna Lia Wood, Parkville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 832, regarding Mike Stevens, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 833, regarding the birth of Gavin Joseph Burkhart, Paducah, Kentucky, which was adopted.

       Senator Stouffer offered Senate Resolution No. 834, regarding Mr. and Mrs. Jason D. Willis, Lee’s Summit, which was adopted.

       Senator Stouffer offered Senate Resolution No. 835, regarding the birth of Saige Nicole Butler, Bolivar, which was adopted.

       Senator Green offered Senate Resolution No. 836, regarding Michael S. Swank, which was adopted.

       Senator Gross offered Senate Resolution No. 837, regarding Sue Batisto, Saint Charles, which was adopted.

       Senator Mayer offered Senate Resolution No. 838, regarding Jean Chervenak, Poplar Bluff, which was adopted.

       Senator Mayer offered Senate Resolution No. 839, regarding Tori Ratliff, Kennett, which was adopted.

       Senator Mayer offered Senate Resolution No. 840, regarding Britney Bagby, Dexter, which was adopted.

       Senator Stouffer offered Senate Resolution No. 841, regarding Anthony D. Quick, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 842, regarding Grant Pfizenmaier, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 843, regarding William Boyd, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 844, regarding Larry Littrell, Glasgow, which was adopted.

       Senator Stouffer offered Senate Resolution No. 845, regarding the birth of Kaidence Rianne Kent, Higginsville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 846, regarding the birth of Myranda Louise Lefman, Higginsville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 847, regarding the birth of Noah Scott Sanders, Gilliam, which was adopted.

       Senator Stouffer offered Senate Resolution No. 848, regarding the birth of Colton Dale Boss, Glasgow, which was adopted.

       Senator Stouffer offered Senate Resolution No. 849, regarding the death of Jessie Marie Spencer Lingle, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 850, regarding the death of Ida A. Seals, Triplett, which was adopted.

       Senator Stouffer offered Senate Resolution No. 851, regarding the death of James Michael Baker, Richmond, which was adopted.

       Senator Bartle offered Senate Resolution No. 852, regarding Bradley Carl Enke, Lee’s Summit, which was adopted.

       Senator Bartle offered Senate Resolution No. 853, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Melvin “John” Forrester, Independence, which was adopted.

       Senator Graham offered Senate Resolution No. 854, regarding Lloyd W. Gittemeier, Cairo, which was adopted.

       Senator Gross offered Senate Resolution No. 855, regarding Susan Weich, St. Charles, which was adopted.

THIRD READING OF SENATE BILLS

       Senator Cauthorn moved that SB 187 be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

       Senator Cauthorn moved that SB 187 be read the 3rd time and finally passed, which motion failed to receive a constitutional majority by the following vote:

 

YEAS—Senators

 

 

Bartle

Cauthorn

Champion

Clemens

Dolan

Engler

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Purgason

Stouffer

Vogel—15

 

 

 

 

 

 

NAYS—Senators

 

 

Bray

Callahan

Coleman

Days

Dougherty

Graham

Kennedy

Nodler

Shields

Taylor

Wheeler

Wilson—12

 

 

 

 

 

Absent—Senators

 

 

Crowell

Gibbons

Ridgeway

Scott—4

 

 

 

 

 

Absent with leave—Senator Green—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

 

       SS for SCS for SB 32, introduced by Senator Bartle, 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.

       Was called from the Informal Calendar and taken up.

       On motion of Senator Bartle, SS for SCS for SB 32 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Callahan

Cauthorn

Champion

Clemens

Dolan

Engler

Gibbons

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—23

 

 

 

 

 

 

NAYS—Senators

 

 

Bray

Coleman

Days

Dougherty

Graham

Wheeler

Wilson—7

 

 

 

 

 

 

Absent—Senator Crowell—1

 

 

 

 

 

 

 

Absent with leave—Senator Green—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

 

       President Kinder assumed the Chair.

       The President declared the bill passed.

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

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

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

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 Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 14, as amended. Representatives: Lager, Icet, Sutherland, LeVota and Shoemyer.

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

March 22, 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:

          John W. Buckner, III, M.D., Republican, 4391 South Farm Road, Springfield, Greene County, Missouri 65810, as a member of the State Board of Health, for a term ending October 13, 2006, and until his successor is duly appointed and qualified; vice, Tommy MacDonnell, M.D., term expired.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 24, 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:

          Thomas A. Deuschle, 611 Cottonwood Lane, Liberty, Clay County, Missouri 64068, as the Director of the Department of Labor and Industrial Relations, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, Catherine B. Leapheart.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 23, 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:

          Robert C. Fulp, Republican, 2436 East Michelle Place, Springfield, Greene County, Missouri 65804, as a member of the Missouri Housing Development Commission, for a term ending October 13, 2008, and until his successor is duly appointed and qualified; vice, Dr. Ronald Bobo, term expired.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 24, 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:

          Glen Richard Hastings, Republican, 2612 Northwest Ashurst Lane, Lee’s Summit, Jackson County, Missouri 64081, as a member of the Jackson County Sports Complex Authority, for a term ending July 15, 2009, and until his successor is duly appointed and qualified; vice, William Carson, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

 

          Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 22, 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:

          Sandra J. Jones, Republican, 610 West Summit, Bolivar, Polk County, Missouri 65613, as a member of the Missouri Women’s Council, for a term ending December 6, 2005, and until her successor is duly appointed and qualified; vice, Jane Klieve, term expired.

Respectfully submitted,

MATT BLUNT

Governor

 

          Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 24, 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:

          Barbara H. Pickering, 525 Lakeview Road, Mexico, Audrain County, Missouri 65265, as a member of the State Lottery Commission, for a term ending September 9, 2005, and until her successor is duly appointed and qualified; vice, Barbara H. Pickering, reappointed to a full term.

Respectfully submitted,

MATT BLUNT

Governor

 

          Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 22, 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:

          Toni R. Smith, D.O., Republican, 230 South First Street, Kirksville, Adair County, Missouri 63501, as a member of the State Board of Registration for the Healing Arts, for a term ending September 3, 2006, and until her successor is duly appointed and qualified; vice, Barry Dean Spoon, term expired.

Respectfully submitted,

MATT BLUNT

Governor

 

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 15, 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:

          Paul C. Vescovo III, 4 Carver Place, Smithville, Clay County, Missouri 64089, as a member of the Peace Officer Standards and Training Commission, for a term ending October 3, 2007, and until his successor is duly appointed and qualified; vice, Dennis Martin, term expired.

Respectfully submitted,

MATT BLUNT

Governor

 

          Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 22, 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 J. Wilson, Republican, 811 Harvest, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Development Finance Board, for a term ending September 14, 2008, and until his successor is duly appointed and qualified; vice, Richard J. Wilson, reappointed to full term.

Respectfully submitted,

MATT BLUNT

Governor

 

          Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 22, 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:

          Anita T. Yeckel, Republican, 8819 Gladlea Drive, Saint Louis, Saint Louis County, Missouri 63127, as a member of the Missouri Investment Trust Board of Trustees, for a term ending February 24, 2008, and until her successor is duly appointed and qualified; vice, Joseph Rechter, term expired.

Respectfully submitted,

MATT BLUNT

Governor

 

       President Pro Tem Gibbons referred the above appointments to the Committee on Gubernatorial Appointments.SENATE BILLS FOR PERFECTION

       Senator Shields moved that SB 269, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SB 269, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 269

       An Act to repeal section 143.183, RSMo, and to enact in lieu thereof one new section relating to athletes and entertainer tax.

       Was taken up.

       Senator Shields moved that SCS for SB 269 be adopted.

       Senator Shields offered SS for SCS for SB 269, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 269

       An Act to repeal section 143.183, RSMo, and to enact in lieu thereof one new section relating to athletes and entertainer tax.

       Senator Shields moved that SS for SCS for SB 269 be adopted.

       Senator Bartle assumed the Chair.

       Senator Nodler offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 269, Page 7, Section 143.183, Lines 24-25, by striking the words “available amount of the”; and further amend said page, lines 27-28 of said page, by striking all of said lines; and

       Further amend said section, page 8, lines 1-25 of said page, by striking all of said lines and inserting in lieu thereof the following: “shall be allocated annually to the Missouri sports authority subaccount established under subsection 14 of this section. The funds in the subaccount shall be allocated in the following manner:

       (1) Twenty-three percent to the Springfield sports commission;

       (2) Seventeen percent to the Joplin sports authority; and

       (3) Eight percent to the Branson sports authority; and

       (4) Twenty-three percent to the St. Charles County convention and sports facility authority created in section 67.1150, RSMo; and

       (5) All remaining funds in the subaccount shall be allocated to convention and visitor bureaus operating sports marketing programs in any home rule city with more than eighty-four thousand five hundred but fewer than eighty-four thousand six hundred inhabitants, any home rule city with more than thirty-five thousand three hundred forty but fewer than thirty-five thousand seven hundred inhabitants, any home rule city with more than seventy-three thousand but fewer than seventy-five thousand inhabitants, any home rule city with more than thirty-nine thousand six hundred but fewer than thirty-nine thousand seven hundred inhabitants and partially located in any county of the first classification with more than seventy-one thousand three hundred but fewer than seventy-one thousand four hundred inhabitants, and any home rule city with more than sixty thousand three hundred but fewer than sixty thousand four hundred inhabitants.

In order for any entity to receive allocations of funds under this subsection, such entity shall provide a local match equal to one hundred percent of the allocation. For fiscal year 2007, the percentage allocated to the Joplin sports authority shall be supplanted by a grant from the subaccount in an amount equal to four hundred thousand dollars to the Joplin sports authority with no requirement of a local match for the grant. In addition to the above percentage, twenty percent of the funds authorized under subdivision 3 of subsection 10 of this section shall be allocated to a home rule city with more than one hundred fifty-one thousand five hundred but fewer than one hundred fifty-one thousand six hundred inhabitants, subject to the award of a grant and procedures established by the office of administration for the acquisition of land, design construction or debt service of new regional sports and recreational facilities, provided at least fifty percent of the cost of each facility is paid for by the city.”; and

       Further amend said bill and section, page 12, line 2 of said page, by inserting at the end of said line the following: “The provisions of this subsection shall not apply to allocations made under subsection 9 of this section.”; and further amend said page, line 15 of said page, by inserting after all of said line the following:

       14. There is hereby created within the nonresident entertainer and athlete fund a subaccount known as the “Missouri Sports Authority Subaccount”. All funds received from the allocation provided in subsection 9 of this section shall be deposited to the credit of the Missouri sports authority subaccount.”.

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

       Senator Griesheimer offered SA 2:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 269, Page 10, Section 143.183, Lines 13-16, by striking all of said lines and inserting in lieu thereof the following: “retaining jobs in Missouri; or any other expense that helps realize the policy”; and further amend said section and page, line 19, by inserting immediately after “RSMo” the following: “. Under no circumstances shall such investments be used for the repair, maintenance, renovation or replacement of existing sports facilities” and further amend said section and page, line 26 by striking the word “for” as it appears the first time in said line; and further amend said section and page, line 27 by striking the word “professional”: and further amend said section and page, line 28 by striking the following: “sports or”; and further amend said section and page line 28 by striking the following: “that is used for the”; and further amend said section, page 11, lines 1-5, by striking all of said lines and inserting in lieu thereof the following: “or for any other public purpose consistent with this section, but under no circumstances shall such investments be used for the repair, maintenance, renovation or replacement of the existing sports facility used for the playing of professional hockey, which is owned or is on land that is owned, by a city not within a county or any political subdivision, agency, or instrumentality thereof;”.

       Senator Griesheimer moved that the above amendment be adopted.

       Senator Bray offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 269, Page 3, Section 143.183, Lines 26-27, by striking all of said lines and inserting in lieu thereof the following: “athlete fund. For fiscal year 2000, and for each subsequent fiscal year for a period of sixteen years, sixty percent of the”; and further amend said section, page 4, line 7 by striking the opening bracket “[”; and further amend line 9 by striking the closing bracket “]”; and further amend line 24 by striking all of the opening brackets “[”; and further amend said line by striking the closing bracket “]”; and further amend said line by striking “2007”; and further amend line 25 by striking all of the opening and closing brackets and all of the underlined words; and further amend line 26 by striking all of the underlined words; and further amend said section, page 5, lines 17-19 by striking all of the opening and closing brackets and all of the underlined words; and further amend said section, page 6, line 3 by striking the opening and closing brackets; and further amend lines 11-13 by striking all of the opening and closing brackets and all of the underlined words; and further amend said section, page 7, line 15 by striking the opening and closing brackets; and further amend lines 23-25 by striking all of the opening and closing brackets and all of the underlined words; and further amend said section, page 8, lines 6-15 by striking all of the underlined words; and further amend lines 26-28 by striking all of said lines; and further amend said section, pages 9-11 by striking all of said pages, and further amend said section, page 12, lines 1-2 by striking all of said lines; and further renumber the remaining subsection accordingly.

       Senator Bray moved that the above amendment be adopted.

       Senator Days offered SA 1 to SSA 1 for SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

       Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 269, Page 2, Line 5, by inserting after the second use of the word “lines” the following: “and inserting in lieu thereof the following:

       10. If the number of Medicaid eligibles falls below the level established as of March 15, 2005, then no allocation shall be made under this section.’”.

       Senator Days moved that the above amendment be adopted.

       At the request of Senator Days, SA 1 to SSA 1 for SA 2 was withdrawn.

       SSA 1 for SA 2 was again taken up.

       At the request of Senator Bray, the above substitute amendment was withdrawn.

       Senator Bray offered SSA 2 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 269, Page 3, Section 143.183, Lines 26-27, by striking all of said lines and inserting in lieu thereof the following: “athlete fund. For fiscal year 2000, and for each subsequent fiscal year for a period of sixteen years, sixty percent of the”; and further amend said section, page 4, line 7 by striking the opening bracket “[”; and further amend line 9 by striking the closing bracket “]”; and further amend line 24 by striking all of the opening brackets “[”; and further amend said line by striking the closing bracket “]”; and further amend said line by striking “2007”; and further amend line 25 by striking all of the opening and closing brackets and all of the underlined words; and further amend line 26 by striking all of the underlined words; and further amend said section, page 5, lines 17-19 by striking all of the opening and closing brackets and all of the underlined words; and further amend said section, page 6, line 3 by striking the opening and closing brackets; and further amend lines 11-13 by striking all of the opening and closing brackets and all of the underlined words; and further amend said section, page 7, line 15 by striking the opening and closing brackets; and further amend lines 26-28 by striking all of said lines; and further amend said section, pages 9-11 by striking all of said pages, and further amend said section, page 12, lines 1-2 by striking all of said lines; and further renumber the remaining subsection accordingly.

       Senator Bray moved that the above substitute amendment be adopted.

       Senator Days offered SA 1 to SSA 2 for SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 2 FOR SENATE AMENDMENT NO. 2

       Amend Senate Substitute Amendment No. 2 for Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 269, Page 2, Line 5, by inserting after the second use of the word “lines” the following: “and inserting in lieu thereof the following:

       10. If the number of Medicaid eligibles falls below the level established as of March 15, 2005, then no allocation shall be made under this section.’”.

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

       SA 1 to SSA 2 for SA 2 failed of adoption by the following vote:

 

YEAS—Senators

 

 

Bray

Coleman

Days

Dougherty

Engler

Graham

Kennedy

Wilson—8

 

 

 

 

 

NAYS—Senators

 

 

Bartle

Callahan

Cauthorn

Champion

Clemens

Gibbons

Griesheimer

Gross

Klindt

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler—20

 

 

 

 

 

Absent—Senators

 

 

Crowell

Dolan

Koster—3

 

 

 

 

 

 

Absent with leave—Senator Green—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       SSA 2 for SA 2 was again taken up.

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

       SA 2 was again taken up.

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

       Senator Shields moved that SS for SCS for SB 269, as amended, be adopted, which motion prevailed.

       On motion of Senator Shields, SS for SCS for SB 269, 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 for HB 119, entitled:

       An Act to amend chapter 105, RSMo, by adding thereto one new section relating to life insurance benefits for government employees during military deployments, 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 343, entitled:

       An Act to repeal section 50.530, RSMo, and to enact in lieu thereof one new section relating to county officials.

       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 345, entitled:

       An Act to repeal section 64.215, RSMo, and to enact in lieu thereof one new section relating to county planning boards.

       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 413, entitled:

       An Act to amend chapter 190, RSMo, by adding thereto one new section relating to a bioterrorism vaccination program for first responders deployed to disaster locations, 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 445, entitled:

       An Act to repeal section 71.943, RSMo, and to enact in lieu thereof one new section relating to codification of municipal ordinances.

       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 479, entitled:

       An Act to repeal section 67.792, RSMo, and to enact in lieu thereof one new section relating to regional recreational districts.

       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 524, entitled:

       An Act to repeal section 105.473, RSMo, and to enact in lieu thereof one new section relating to lobbyist duties.

       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 69, entitled:

       An Act to repeal sections 375.532 and 376.300, RSMo, and to enact in lieu thereof two new sections relating to investments of insurers.

       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 402, entitled:

       An Act to repeal sections 330.010, 330.020, 330.030, 330.040, 330.045, 330.050, 330.065, 330.070, 330.080, 330.090, 330.100, 330.110, 330.160, 330.180, 330.200, and 330.210, RSMo, and to enact in lieu thereof sixteen new sections relating to podiatrists, 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 HB 456, entitled:

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

       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 486, entitled:

       An Act to repeal section 566.140, RSMo, and to enact in lieu thereof one new section relating to service providers for sexual offender treatment for probationers.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

REFERRALS

       President Pro Tem Gibbons referred SB 323 to the Committee on Governmental Accountability and Fiscal Oversight.

       President Pro Tem Gibbons referred SCR 12 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

       President Pro Tem Gibbons assumed the Chair.

REPORTS OF STANDING COMMITTEES

       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 272, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

COMMUNICATIONS

       President Pro Tem Gibbons submitted the following:

February 23, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Small Business Regulatory Fairness Board

Dear Terry:

Pursuant to Section 536.305 of the Revised Statutes of Missouri (RSMo 2002), I am appointing the following senator to the Small Business Regulatory Fairness Board:

          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,

 

March 23, 2005

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Second State Capitol Commission

Dear Terry:

Pursuant to Section 8.03 of the Revised Statutes of Missouri (RSMo 2002), I am appointing Jim Howerton, Senate Administrator, to the Second State Capitol Commission to replace Michael Keathley as the Senate employee member.

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 Engler introduced to the Senate, Stephanie Schenck, Jill Roth and Mary DeGenova, Ste. Genevieve.

       Senator Griesheimer introduced to the Senate, Charlotte Fuchs, Wildwood; and Janie Tobias and Mary Knollhoff, St. Louis.

       Senator Gibbons introduced to the Senate, Lee and Kailynn Kneibert, Victoria Landis, and Kelsey Kotanski, Fenton; Ester McGowen, Wildwood; Hanna and Abigail Smith, Crestwood; and Kailynn, Ester, Hanna, Victoria, Kelsey and Abigail were made honorary pages.

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

SENATE CALENDAR

______

 

FORTY-FOURTH DAY–WEDNESDAY, MARCH 30, 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

HB 40-Tilley

HCS for HB 56

HB 127-Bivins

HCS for HB 47

HCS for HBs 163, 213 & 216

HB 592-Cooper (120)

HB 269-Bruns

HB 361-Lipke

HCS for HB 348

HB 564-Boykins, et al

HCS for HB 437

HB 243-May, et al

HB 423-Kuessner

HB 431-Wright (137)

HB 567-Stevenson, et al

HCS for HB 58

 


HCS for HB 119

HB 343-Baker (123)

HB 345-Baker (123)

HB 413-Hubbard, et al

HB 445-Guest and Whorton

HB 479-Ervin

HB 524-May, et al

HB 69-Rupp

HB 402-Schaaf, et al

HB 456-Kuessner, et al

HB 486-Bruns

 

 


SENATE BILLS FOR PERFECTION

 

1. SB 348-Clemens

2. SBs 74 & 49-Champion, with SCS

3. SB 95-Coleman

4. SB 12-Cauthorn and Klindt

5. SBs 23 & 51-Griesheimer and Kennedy,

   with SCS

6. SB 232-Loudon, et al

7. SB 319-Koster, with SCS

8. SB 274-Taylor

9. SB 462-Klindt, with SCS 


10. SB 476-Scott

11. SB 362-Stouffer

12. SB 343-Bartle, et al

13. SB 468-Griesheimer, with SCS

14. SB 316-Dolan, with SCS

15. SBs 75 & 353-Champion and Wheeler,

   with SCS

16. SB 346-Clemens, with SCS

17. SB 284-Cauthorn and Clemens, with SCS

18. SB 272-Gross, with SCS


 

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 291-Mayer, et al, with SCS

SB 324-Scott, with SCS

 


 

CONSENT CALENDAR

 

Senate Bills

 

 

Reported 2/28

 

SB 318-Crowell (In Fiscal Oversight)

 

Reported 3/8

SB 68-Shields, with SCS

 

Reported 3/14

 

SB 374-Loudon and Bray, with SCS

SB 323-Bartle (In Fiscal Oversight)

SB 347-Clemens and Taylor

SB 518-Kennedy and Graham

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 479-Scott

SB 358-Taylor


SB 526-Scott

SB 516-Griesheimer

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 


Reported 3/15

 

SB 464-Vogel

SB 310-Champion, with SCS

SB 355-Griesheimer, et al, with SCS

SB 216-Champion

SB 378-Coleman

SB 534-Bartle

SB 320-Koster

SB 404-Koster

SB 405-Koster

 


SB 418-Mayer

SBs 420 & 344-Mayer, with SCS

SB 407-Mayer, with SCS

SB 521-Crowell

SB 357-Shields

SB 488-Engler

SB 396-Crowell

SB 390-Taylor, with SCS

SB 354-Griesheimer, with SCS

 


 

 

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES

 

In Conference

 

HCS for HB 14, with SCS, as amended

   (Gross)