Journal of the Senate

FIRST REGULAR SESSION



FIFTY-SEVENTH DAY— THURSDAY, APRIL 21, 2005





       The Senate met pursuant to adjournment.

       Senator Koster in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “So acknowledge today and take to heart that the Lord is God in heaven above and on the earth beneath; there is no other.” (Deuteronomy 4:39)

          Heavenly Father, may we remember and live our lives knowing that during the most difficult times, You are our God. May we return to our families after our work is done for this week and share the joy, peace, love and abundance that comes to us from You, confident in Your omnipotent presence. In Your Holy Name we pray. Amen.                                 

       The Pledge of Allegiance to the Flag was recited.

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

       The Journal of the previous day was read and approved.

       The following Senators were present during the day's proceedings:

 

Present—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Kennedy—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

 

 

 

The Lieutenant Governor was present.

 

 

 

RESOLUTIONS

       Senator Vogel offered the following resolution:

SENATE RESOLUTION NO. 1154

          WHEREAS, the Missouri Senate recognizes the importance of empowering citizens to actively participate in the democratic process; and

          WHEREAS, the Missouri Senate has a long tradition of rendering assistance to those organizations that sponsor projects in the interest of good citizenship; and

          WHEREAS, the 2005 Missouri Youth Leadership Forum for Students with Disabilities, sponsored by the Governor's Council on Disability, the Missouri Planning Council for Developmental Disabilities, and the Independent Living Resource Center of Jefferson City, is an educational experience in state government for high school juniors and seniors with disabilities by allowing such youth to participate in the democratic process:

          NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-third General Assembly, hereby grant the 2005 Missouri Youth Leadership Forum for Students with Disabilities permission to use the Senate Chamber on Tuesday, July 26, 2005, from 1:30 p.m. to 3:30 p.m. for the purpose of holding a mock legislative session.

       Senator Vogel requested unanimous consent of the Senate that the rules be suspended for the purpose of taking SR 1154 up for adoption, which request was granted.

       On motion of Senator Vogel, SR 1154 was adopted.

       Senator Stouffer offered Senate Resolution No. 1155, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Charles Lammers, Boonville, which was adopted.

       Senator Crowell offered Senate Resolution No. 1156, regarding the Ninety-ninth Birthday of Paula Kempe, Cape Girardeau, which was adopted.

       Senator Crowell offered Senate Resolution No. 1157, regarding Company C of the 1140th Engineering Battalion, Sikeston, which was adopted.

       Senator Crowell offered Senate Resolution No. 1158, regarding the Veterans Park Committee, Sikeston, which was adopted.

       Senator Crowell offered Senate Resolution No. 1159, regarding Walter Bizzell, Sikeston, which was adopted.

       Senator Crowell offered Senate Resolution No. 1160, regarding Beth Butcher, Sikeston, which was adopted.

       Senator Crowell offered Senate Resolution No. 1161, regarding Ken Williams, Sikeston, which was adopted.

       Senator Crowell offered Senate Resolution No. 1162, regarding Troop E Division of Drug and Crime Control, Sikeston, which was adopted.

       Senator Crowell offered Senate Resolution No. 1163, regarding Mike Conway, Sikeston, which was adopted.

       Senator Crowell offered Senate Resolution No. 1164, regarding Sabona of London, Incorporated, Sikeston, which was adopted.

       Senator Crowell offered Senate Resolution No. 1165, regarding Chester Kordahl, Sikeston, which was adopted.

REPORTS OF STANDING COMMITTEES

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

       Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointment, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

       Sandra K. Branson, as Director of the Division of Credit Unions;

       Also,

       Toni R. Smith, D.O., as a member of the State Board of Registration for the Healing Arts;

       Also,

       James A. Divincen, as a member of the Tourism Commission;

       Also,

       Celeste T. Witzel, as a member of the State Lottery Commission;

       Also,

       John G. Kennon, as a member of the Missouri Training and Employment Council;

       Also,

       Peggy D. Loman, as a member of the Advisory Committee for 911 Service Oversight.

       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 reappointment, which motion prevailed.

       President Pro Tem Gibbons assumed the Chair.

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

       Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred HCS for HB 108, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred HCS for HB 388, begs leave to report that it has considered the same and recommends that the bill do pass.

       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 HCS for HB 468, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HCS for HB 174, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Vogel, Chairman of the Committee on Ways and Means, submitted the following reports:

       Mr. President: Your Committee on Ways and Means, to which was referred HCS for HB 186, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Also,

       Mr. President: Your Committee on Ways and Means, to which was referred HB 592, begs leave to report that it has considered the same and recommends that the bill do pass.

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

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 135, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 48, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 58, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Senator Champion, Chairman of the Committee 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 393, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Also,

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred HB 596, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Dolan, Chairman of the Committee on Transportation, submitted the following reports:

       Mr. President: Your Committee on Transportation, to which was referred HB 564, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Transportation, to which was referred HB 487, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred HCS for HB 437, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Also,

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred HCS for HB 334, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SJR 19, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

       Also,

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred HCS for HB 606, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following reports:

       Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SS for SCS for SB 2; SS for SCS for SB 144; SCS for SB 196; SS for SB 220; and SCS for SB 481, begs leave to report that it has considered the same and recommends that the bills do pass.

       Senator Koster assumed the Chair.

       President Kinder assumed the Chair.

SENATE BILLS FOR PERFECTION

       Senator Klindt moved that SB 55, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SB 55, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 55

       An Act to amend chapter 375, RSMo, by adding thereto seven new sections relating to insurance compliance audits.

       Was taken up.

       Senator Klindt moved that SCS for SB 55 be adopted.

       Senator Klindt offered SS for SCS for SB 55, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 55

       An Act to amend chapters 374 and 375, RSMo, by adding thereto eight new sections relating to the disclosure of certain insurance-related documents.

       Senator Koster assumed the Chair.

       Senator Klindt moved that SS for SCS for SB 55 be adopted.

       Senator Scott assumed the Chair.

       At the request of Senator Klindt, SB 55, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

       Senator Nodler moved that SB 37, SB 322, SB 78, SB 351 and SB 424, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SBs 37, 322, 78, 351 and 424, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 37, 322, 78, 351 and 424

       An Act to repeal repeal sections 311.310, 311.325, 565.024, 568.050, and 577.023, RSMo, section 302.309 as enacted by house substitute for senate substitute for senate committee substitute for senate bill nos. 1233, 840 & 1043, ninety-second general assembly, second regular session and section 302.309 as enacted by conference committee substitute no. 2 for senate committee substitute for house committee substitute for house bill nos. 302 & 38, ninety-first general assembly, first regular session, and to enact in lieu thereof seven new sections relating to alcohol related offenses, with penalty provisions.

       Was taken up.

       Senator Nodler moved that SCS for SBs 37, 322, 78, 351 and 424 be adopted.

       Senator Nodler offered SS for SCS for SBs 37, 322, 78, 351 and 424, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 37, 322, 78, 351 and 424

       An Act to repeal sections 311.310, 311.325, 565.024, 568.050, and 577.023, RSMo, section 302.309 as enacted by house substitute for senate substitute for senate committee substitute for senate bill nos. 1233, 840 and 1043, ninety-second general assembly, second regular session and section 302.309 as enacted by conference committee substitute no. 2 for senate committee substitute for house committee substitute for house bill nos. 302 and 38, ninety-first general assembly, first regular session, and to enact in lieu thereof six new sections relating to alcohol related offenses, with penalty provisions.

       Senator Nodler moved that SS for SCS for SBs 37, 322, 78, 351 and 424 be adopted.

       Senator Shields offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 37, 322, 78, 351 and 424, Page 20, Section 577.023, Line 1, by inserting after the word “prior” the following: “offender,”; and further amend said line by inserting an opening bracket “[” before the word “or”; and further amend said line by inserting a closing bracket “]” after the word “or”; and further amend said line by inserting after the word “offender” the following: “, aggravated offender, or chronic offender”.

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

       At the request of Senator Nodler, SB 37, SB 322, SB 78, SB 351 and SB 424, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

       SS for SCS for SB 144 was placed on the Informal Calendar.

       SCS for SB 481, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 481An Act to repeal sections 162.675, 162.725, 162.735, and 162.740, RSMo, and to enact in lieu thereof three new sections relating to special education services.

       Was taken up by Senator Shields.

       On motion of Senator Shields, SCS for SB 481 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wilson—31

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senator Crowell—1

 

 

 

 

 

 

 

Absent with leave—Senators

 

 

Kennedy

Wheeler—2

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

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

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

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

       SS for SCS for SB 144, introduced by Senator Gross, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 144

       An Act to repeal sections 478.570 and 478.600, RSMo, and to enact in lieu thereof two new sections relating to judicial circuits.

       Was called from the Informal Calendar and taken up.

       On motion of Senator Gross, SS for SCS for SB 144 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wilson—31

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senator Crowell—1

 

 

 

 

 

 

 

Absent with leave—Senators

 

 

Kennedy

Wheeler—2

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

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

       Senator Gross 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 SB 220 was placed on the Informal Calendar.

       SS for SB 348 was placed on the Informal Calendar.

       SCS for SB 196, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 196An Act to repeal section 144.030, RSMo, and to enact in lieu thereof one new section relating to material recovery operations.

       Was taken up by Senator Ridgeway.

       On motion of Senator Ridgeway, SCS for SB 196 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Koster

Loudon

Mayer

Nodler

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wilson—30

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators

 

 

Klindt

Purgason—2

 

 

 

Absent with leave—Senators

 

 

Kennedy

Wheeler—2

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

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

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

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

       SB 194, introduced by Senator Engler, entitled:

       An Act to repeal section 595.209, RSMo, and to enact in lieu thereof one new section relating to rights of crime victims.

       Was taken up.

       On motion of Senator Engler, SB 194 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wilson—32

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators

 

 

Kennedy

Wheeler—2

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

       Senator Nodler moved that SB 37, SB 322, SB 78, SB 351 and SB 424, with SCS and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       SS for SCS for SBs 37, 322, 78, 351 and 424, as amended, was again taken up.

       Senator Koster offered SA 2:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 37, 322, 78, 351 and 424, Page 15, Section 565.024, Line 12, by inserting an opening bracket “[” before the capital letter “C”; and further amend said line by inserting a closing bracket “]” after the capital letter “C”; and further amend said line by inserting a capital letter “B” after the capital letter “C”; and

       Further amend lines 24-25 by striking all of said lines and inserting in lieu thereof the following: “blood alcohol content of at least eighteen-hundredths but less than twenty-four-hundredths of one percent by weight of alcohol in such person’s blood; or

       (4) Causes the death of any person while he or she has a blood alcohol content of at least twenty-four-hundredths of one percent by weight of alcohol in such person’s blood.”; and further amend lines 26-27 by striking all of said lines and inserting in lieu thereof the following:

       4. Involuntary manslaughter in the first degree under subdivisions (1), (2), or (3) of subsection 3 of this section is a class B felony. Involuntary manslaughter in the first degree under subdivision (4) of subsection 3 of this section is a class A felony. For any violation of subsection 3 of this section, the minimum prison term which the defendant must serve shall be eighty-five percent of his or her sentence.”.

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

       Senator Nodler moved that SS for SCS for SBs 37, 322, 78, 351 and 424, as amended, be adopted, which motion prevailed.

       On motion of Senator Nodler, SS for SCS for SBs 37, 322, 78, 351 and 424, as amended, was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

       SS for SB 220, introduced by Senator Dolan, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 220An Act to repeal sections 105.711, 105.726, 537.600, and 537.610, RSMo, and to enact in lieu thereof five new sections relating to civil liability of state agencies, public entities, and the employees thereof, with an emergency clause for certain sections.

       Was called from the Informal Calendar and taken up.

       Senator Wilson requested to be excused from voting under the provisions of SR 91, which request was granted.

       On motion of Senator Dolan, SS for SB 220 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Vogel

Wheeler—30

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators

 

 

Crowell

Taylor—2

 

 

 

 

 

 

 

Absent with leave—Senator Kennedy—1

 

 

 

 

 

 

 

Excused from voting—Senator Wilson—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

       The emergency clause was adopted by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler—30

 

 

 

 

 

 

 

NAYS—Senator Green—1

 

 

 

 

 

 

 

Absent—Senator Crowell—1

 

 

 

 

 

 

 

Absent with leave—Senator Kennedy—1

 

 

 

 

 

 

 

Excused from voting—Senator Wilson—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

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

       Senator Dolan 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 SB 348, introduced by Senator Clemens, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 348

       An Act to repeal section 324.484, RSMo, and to enact in lieu thereof one new section relating to exemption of dentists from acupuncture licensing requirements.

       Was called from the Informal Calendar and taken up.

       On motion of Senator Clemens, SS for SB 348 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senator Crowell—1

 

 

 

 

 

 

 

Absent with leave—Senator Kennedy—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

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

       Senator Clemens 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 2, introduced by Senator Loudon, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 2

       An Act to repeal sections 188.010, 188.015, 188.025, 188.052, 188.055, 188.070, 188.075, 188.080, and 197.200, RSMo, and to enact in lieu thereof eighteen new sections relating to abortion and alternatives to abortion services, with penalty provisions.

       Was taken up.

       On motion of Senator Loudon, SS for SCS for SB 2 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Callahan

Cauthorn

Champion

Clemens

Crowell

Dolan

Dougherty

Engler

Gibbons

Green

Griesheimer

Gross

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—26

 

 

 

 

 

 

 

NAYS—Senators

 

 

Bray

Coleman

Days

Graham

Wheeler

Wilson—6

 

 

 

 

 

 

 

Absent—Senator Klindt—1

 

 

 

 

 

 

 

Absent with leave—Senator Kennedy—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

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

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

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

       President Pro Tem Gibbons assumed the Chair.

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 209, entitled:

       An Act to amend chapters 71 and 92, RSMo, by adding thereto nine new sections relating to assessment and collection of various taxes on telecommunications companies.

       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 320, entitled:

       An Act to repeal section 162.081, RSMo, and to enact in lieu thereof one new section relating to lapse of district corporate organization.

       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 440, entitled:

       An Act to repeal sections 172.030, 172.035, 172.037, 172.040, 172.060, 174.055, 174.450, 174.453, 174.610, 174.620, 174.621, RSMo, and sections 174.450 and 174.453 as truly agreed to and finally passed by the ninety-third general assembly, first regular session, in senate substitute for senate committee substitute for senate bill no. 98, and to enact in lieu thereof eleven new sections relating to the governing boards of certain state higher education institutions.

       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 525, entitled:

       An Act to repeal sections 105.466, 105.473, 105.485, 105.487, 105.489, 105.492, 105.957, 105.961, 105.963, 105.971, 105.973, 130.011, 130.021, 130.036, 130.041, 130.046, 130.049, 130.050, and 130.057, RSMo, and to enact in lieu thereof eighteen new sections relating to ethics, 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 530, entitled:

       An Act to amend chapter 160, RSMo, by adding thereto one new section relating to American Sign Language.

       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 286, entitled:

       An Act to amend chapter 26, RSMo, by adding thereto one new section relating to the emancipation day commission.

       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 417, entitled:

       An Act to amend chapter 303, RSMo, by adding thereto one new section relating to the uninsured motorist stipulation of benefits act.

       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 617, entitled:

       An Act to repeal sections 249.1150, 249.1152, 249.1154, 249.1155, 640.635, 644.076, 701.031, and 701.038, RSMo, and to enact in lieu thereof four new sections relating to watershed 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 HCS for HB 827, entitled:

       An Act to repeal section 208.146, RSMo, and to enact in lieu thereof one new section relating to continuation of medical assistance for employed disabled persons.

       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 HBs 49 and 50, entitled:

       An Act to repeal sections 558.016 and 595.209, RSMo, and to enact in lieu thereof two new sections relating to early release of offenders.

       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 36, entitled:

       An Act to repeal section 334.010, RSMo, and to enact in lieu thereof two new sections relating to rights of pregnant women.

       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 No. 2 for HB 568, entitled:

       An Act to repeal sections 210.117, 211.037, 211.038, 211.447, 452.375, and 452.400, RSMo, and to enact in lieu thereof six new sections relating to protection of children.

       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 205, entitled:

       An Act to repeal sections 454.530 and 454.536, RSMo, and to enact in lieu thereof two new sections relating to child support payments and records.

       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 576, entitled:

       An Act to repeal sections 536.010, 536.050, 536.100, 536.140, 536.300, 536.305, and 536.310, RSMo, and to enact in lieu thereof eleven new sections relating to small business.

       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 353, entitled:

       An Act to repeal sections 1.160, 8.177, 43.010, 43.120, 43.509, 43.532, 43.543, 195.017, 195.214, 211.031, 217.105, 217.750, 302.321, 302.541, 304.022, 306.112, 306.114, 306.116, 306.117, 306.119, 306.140, 306.147, 540.031, 542.276, 544.170, 545.550, 556.036, 558.016, 558.019, 559.016, 559.036, 559.115, 566.140, 568.045, 568.050, 569.040, 569.050, 569.080, 569.090, 570.030, 570.040, 570.080, 570.255, 570.300, 575.150, 576.050, 577.023, 577.041, 577.500, 589.417, and 595.209, RSMo, and to enact in lieu thereof sixty-five new sections relating to crime, with penalty provisions.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

REPORTS OF STANDING COMMITTEES

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

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 542, begs leave to report that it has considered the same and recommends that the bill do pass.

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 863, entitled:

       An Act to amend chapter 99, RSMo, by adding thereto six new sections relating to tax incentives for economic development.

       In which the concurrence of the Senate is respectfully requested.

       Read 1st time.

RESOLUTIONS

       Senator Purgason offered Senate Resolution No. 1166, regarding Corrections Officer II Brian Patton, Summersville, which was adopted.

       Senator Green offered Senate Resolution No. 1167, regarding Sue Panetti-Lee, Florissant, which was adopted.

       Senator Green offered Senate Resolution No. 1168, regarding the late Trooper Ralph C. Tatoian, which was adopted.

       Senator Dolan offered Senate Resolution No. 1169, regarding Dr. John R. Lawrence, which was adopted.

       Senator Koster offered Senate Resolution No. 1170, regarding Bobby R. Patton, Ph.D., Warrensburg, which was adopted.

                                                       INTRODUCTIONS OF GUESTS

       Senator Stouffer introduced to the Senate, Jim and Kim Head, Lynee Miller, Carolyn Thurman, Michelle Hinshaw, Trisha Jones and fourth grade students from Tri-County Christian School, Macon.

       Senator Shields introduced to the Senate, Dan Danford, St. Joseph.

       Senator Bray introduced to the Senate, the Physician of the Day, Dr. Gregory Branham, M.D., Frontenac.

       Senator Nodler introduced to the Senate, representatives of Leadership Joplin.

       Senator Griesheimer introduced to the Senate, parents and thirty-three fifth and sixth grade students from Holy Rosary Catholic School, Warrenton.

       Senator Coleman introduced to the Senate, Paula Cassani, St. Louis.

       Senator Engler introduced to the Senate, Lisa Jaschke, Tracy McCart, Kathleen LyDay, parents and fourth grade students from Grandview Elementary School.

       Senator Bray introduced to the Senate, Larry Christianson and thirty-two fourth grade students from Mark Twain Elementary School, Brentwood.

       Senator Koster introduced to the Senate, students from Ballard School, Bates County.

       Senator Engler introduced to the Senate, Denise Thompson, Beverly Weathers, chaperones and seventy eighth grade students from East Carter County R-II, Ellsinore.

       Senator Crowell introduced to the Senate, students from St. Augustine School, Kelso.

 


       Senator Days introduced to the Senate, Amy Finkelstein, Cindy Murray, Molly Welsh and fourth grade students from Marvin Elementary School, St. Louis; and Devin Beach was made an honorary page.

       Senator Wilson introduced to the Senate, Jermaine Reed, Columbia.

       Senator Griesheimer introduced to the Senate, parents and eighth grade students from St. Bridgets Catholic School, Pacific.

       On motion of Senator Shields, the Senate adjourned until 3:00 p.m., Monday, April 25, 2005.

                    SENATE CALENDAR

______

 

FIFTY-EIGHTH DAY—MONDAY, APRIL 25, 2005

______

 

FORMAL CALENDAR

 

HOUSE BILLS ON SECOND READING

 

HCS for HB 209

HB 320-Muschany, et al

HCS for HB 440

HCS for HB 525

HB 530-Moore, et al

HCS for HB 286

HB 417-Yates, et al

HB 617-Kelly (144), et al

 


HCS for HB 827

HCS for HBs 49 & 50

HCS for HB 36

HCS#2 for HB 568

HB 205-Salva

HCS for HB 576

HCS for HB 353

HCS for HB 863

 


 

THIRD READING OF SENATE BILLS

 

SS for SB 402-Gibbons

  (In Fiscal Oversight)

 

 

SENATE BILLS FOR PERFECTION

 

SB 393-Stouffer, with SCS

SJR 19-Ridgeway

 


SB 542-Callahan

 


HOUSE BILLS ON THIRD READING

 

  1. HCS for HB 365 (Crowell)

  2. HCS for HB 347, with SCS (Dolan)

  3. HCS for HB 441, with SCS (Cauthorn)

  4. HCS for HB 108

  5. HCS for HB 388

  6. HCS for HB 468, with SCS (Scott)

  7. HCS for HB 174 (Taylor)

  8. HCS for HB 186 (Scott), with SCS

  9. HB 592-Cooper (120)

10. HCS for HB 135, with SCS (Shields)

 


11. HB 48-Dougherty, with SCS (Callahan)

12. HCS for HB 58, with SCS (Griesheimer)

13. HB 596-Schaaf

14. HB 564-Boykins, et al

15. HB 487-Bruns and Deeken, with SCS

      (Vogel)

16. HCS for HB 437, with SCS

17. HCS for HB 334 (Crowell)

18. HCS for HB 606 (Kennedy)

 


INFORMAL CALENDAR

 

THIRD READING OF SENATE BILLS

 

SS for SCS for SB 316-Dolan

    (In Fiscal Oversight)

 

SENATE BILLS FOR PERFECTION

 

SB 3-Loudon, with SCS

SB 5-Klindt, with SCS & SS for SCS

   (pending)

SB 12-Cauthorn and Klindt

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

SB 44-Wheeler and Bray, with SCS

SB 50-Taylor and Nodler, with SCS & SS

   for SCS (pending)

SB 55-Klindt, with SCS & SS for SCS

   (pending)

SB 64-Kennedy, with SCS

SB 90-Dougherty, with SCS

SB 93-Cauthorn, with SCS

SB 152-Wilson, with SCS

SB 159-Cauthorn

SB 160-Bartle, et al, with SS (pending)

SB 185-Loudon, et al, with SA 1 & SA 1

   to SA 1 (pending)

SB 199-Gross

SB 214-Scott, et al, with SCS

SB 236-Klindt and Clemens


SB 240-Scott

SB 241-Scott

SB 253-Koster, with SCS

SB 284-Cauthorn and Clemens,

   with SCS

SB 291-Mayer, et al, with SCS & SS for

   SCS (pending)

SB 321-Shields

SB 324-Scott, with SCS

SB 339-Gross, with SCS

SBs 365 & 204-Mayer, et al, with SCS

   (pending)

 


SB 373-Bartle

SB 376-Loudon

SB 434-Cauthorn

SB 470-Engler

SB 548-Loudon

 


 


CONSENT CALENDAR

 

House Bills

 

Reported 4/11

 

HB 707-Cunningham (145) and Byrd, with

   SCS (Scott)

HB 678-Byrd, with SCS (Bartle)

HB 402-Schaaf, et al (Shields)

HB 280-Walsh, et al (Green)

HB 524-May, et al (Scott)

HB 248-Pearce (Dolan)

HB 342-Baker (123) (Koster)

HB 600-Cooper (155), et al (Clemens)

HCS for HB 379 (Crowell)

HB 40-Tilley (Engler)

HCS for HB 47, with SCS (Shields)

HB 127-Bivins (Griesheimer)

HCS for HB 215 (Koster)

HB 260-Deeken (Vogel)

HB 345-Baker (123) (Koster)


HB 395-Wood (Taylor)

HCS for HB 422 (Crowell)

HB 431-Wright (137) (Champion)

HB 445-Guest and Whorton (Klindt)

HCS for HB 448 (Coleman)

HB 453-May, et al (Crowell)

HB 479-Ervin (Ridgeway)

HCS for HB 515, with SCS (Taylor)

HCS for HB 531 (Champion)

HCS for HB 577 (Purgason)

HCS for HB 631 (Gibbons)

HB 638-Cunningham (86), with SCS

   (Wheeler)

HB 685-Franz, with SCS (Purgason)

HB 743-Kingery, et al (Engler)

 


Reported 4/12

 

HBs 361 & 684-Lipke, with SCS (Bartle)

HB 688-Byrd, et al, with SCS (Bartle)

HCS for HB 630 (Purgason)

HB 567-Stevenson, et al (Crowell)

HB 486-Bruns (Vogel)

HCS for HB 362, with SCS (Bartle)

HB 456-Kuessner, et al, with SCS (Engler)

HB 450-Meiners, with SCS (Griesheimer)

HB 43-Wallace (Taylor)

HB 53-Swinger and Bean, with SCS (Mayer)


HB 155-Ruestman (Taylor)

HB 243-May, et al (Dolan)

HB 423-Kuessner, with SCS (Engler)

HB 528-Cunningham (145), with SCS

   (Clemens)

HB 618-Bearden, et al, with SCS (Gross)

HCS for HB 119 (Stouffer)

HCS for HBs 163, 213 & 216 (Gross)

HB 219-Salva and Johnson (47) (Wheeler)

HB 236-Goodman (Taylor)

HB 261-Deeken (Griesheimer)

 


HB 323-Johnson (47) (Shields)

HCS for HB 348 (Koster)

HB 473-Yates (Bartle)

HB 258-Cunningham (86) (Nodler)

 


Reported 4/13

 

HCS for HB 297, with SCS

HCS for HB 443, with SCS (Mayer)

HB 33-Phillips (Shields)

 


HB 455-Quinn, et al (Klindt)

HCS for HB 563 (Shields)

HCS for HB 513 (Loudon)

 


Reported 4/14

 

HB 69-Rupp (Loudon)

HCS for HB 56 (Dolan)

HCS#2 for HB 232, with SCS (Ridgeway)

HB 413-Hubbard, et al (Coleman)

 


HCS for HBs 462 & 463 (Shields)

HB 681-Chappelle-Nadal (Days)

HB 321-Yates (Bartle)

HB 229-Portwood, with SCS (Gross)

 


 

RESOLUTIONS

 

Reported from Committee

 

SCR 5-Mayer, et al

SCR 10-Scott

SCR 12-Koster

 


SCR 7-Loudon

SCR 13-Griesheimer