Journal of the Senate

FIRST REGULAR SESSION



SIXTY-FIFTH DAY— THURSDAY, MAY 5, 2005





       The Senate met pursuant to adjournment.

       Senator Griesheimer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “You have made us for Yourself, and our hearts are restless until they rest in You.” (St. Augustine)

          The week has been filled with so many activities, some fun but so many more crammed with final decisions and finding ways to bring understanding and compromise that will provide the greater good for all our people. Dear Lord, bless our efforts as we seek to complete that which must be done and help us find rest in You this weekend so that we may know Your perfect peace and share it with those we love. 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

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—34

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

 

 

 

The Lieutenant Governor was present.

 

 

 

 

          RESOLUTIONS

       Senator Gross offered Senate Resolution No. 1299, regarding Lindsey M. Arbuthnot, which was adopted.

       Senator Gross offered Senate Resolution No. 1300, regarding Cory R. Done, which was adopted.

       Senator Ridgeway offered Senate Resolution No. 1301, regarding Sean O’Donnell, North Kansas City, which was adopted.

REPORTS OF STANDING COMMITTEES

       Senator Shields, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred HCR 23, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 19, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

HOUSE BILLS ON THIRD READING

       HB 700 was placed on the Informal Calendar.

       HB 539, with SCS, was placed on the Informal Calendar.

       HB 617, with SCS, was placed on the Informal Calendar.

       HCS for HB 15, entitled:

       An Act to appropriate money for capital improvement and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 2005 and ending June 30, 2007.

       Was taken up by Senator Gross.

       On motion of Senator Gross, HCS for HB 15 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

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Green—1

 

 

 

 

 

 

 

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.

       HCS for HB 18, entitled:

       An Act to appropriate money for capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities, including installation, modification, and renovation of facility components, equipment or systems, and to transfer money among certain funds.

       Was taken up by Senator Gross.

       On motion of Senator Gross, HCS for HB 18 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

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

Absent—Senators—None

 

 

 

Absent with leave—Senator Green—1

 

 

 

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.

       HCS for HB 19, with SCS, entitled:

       An Act to appropriate money for planning, expenses, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions.

       Was taken up by Senator Gross.

       SCS for HCS for HB 19, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 19An Act to appropriate money for planning, expenses, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions.

       Was taken up.

       Senator Gross moved that SCS for HCS for HB 19 be adopted.

       Senator Barnitz offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 19, Page 3, Section 19.059, Line 5, by deleting the number “1” and inserting in lieu thereof the number “550,000” and adjust bill totals accordingly.

       Senator Barnitz moved that the above amendment be adopted.

       President Kinder assumed the Chair.

       Senator Crowell offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

       Amend Senate Amendment No. 1 to Senate Committee Substitute for House Committee Substitute for House Bill No. 19, Page 1, Line 2, by adding at the end of said line the following: “; and

       Further amend said section, line 4, by adding after the words: “Leonard Wood” the following: “, provided that no former member of the general assembly be employed by the Missouri Veteran’s Commission”.

       Senator Crowell moved that the above amendment be adopted.

       Senator Coleman raised the point of order that SA 1 to SA 1 is out of order as it goes beyond the scope and purpose of the bill.

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

       SA 1 to SA 1 was again taken up.

       Senator Crowell moved that the above amendment be adopted, which motion prevailed on a standing division vote.

       SA 1, as amended, was again taken up.

       Senator Griesheimer assumed the Chair.

       Senator Coleman requested a roll call vote be taken and was joined in her request by Senators Barnitz, Callahan, Green and Wheeler.

       President Kinder assumed the Chair.

       SA 1, as amended, failed of adoption by the following vote:

 

YEAS—Senators

 

 

Barnitz

Callahan

Coleman

Days

Graham

Wheeler

Wilson—7

 

 

NAYS—Senators

 

 

Alter

Bartle

Cauthorn

Champion

Clemens

Crowell

Dolan

Dougherty

Engler

Gibbons

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—25

 

 

 

 

Absent—Senators

 

 

Bray

Mayer—2

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       Senator Gross moved that SCS for HCS for HB 19 be adopted, which motion prevailed.

       On motion of Senator Gross, SCS for HCS for HB 19 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

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senator Griesheimer—1

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

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.

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 adopted the Conference Committee Report on SCS for HCS for HB 9 and has taken up and passed CCS for SCS for HCS for HB 9.

REFERRALS

       President Pro Tem Gibbons referred HCS for HBs 500 and 533; and HCS No. 2 for HBs 94 and 185 to the Committee on Governmental Account-ability and Fiscal Oversight.

CONFERENCE COMMITTEE REPORTS

       Senator Gross, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 9, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 9

       The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 9, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

       1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 9.

       2. That the House recede from its position on House Committee Substitute for House Bill No. 9.

       3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 9, be truly agreed to and finally passed.

FOR THE SENATE:

FOR THE HOUSE:

 /s/ Charles R. Gross

 /s/ Brad Lager

 /s/ Gary Nodler

 /s/ Allen Icet

 /s/ Chuck Purgason

 /s/ Jodi Stefanick

 /s/ Pat Dougherty

 /s/ Michael Brown

 /s/ Timothy P. Green

 /s/ Ed Wildberger

 

 

       Senator Gross moved that the above conference committee report be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senator Graham—1

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       On motion of Senator Gross, CCS for SCS for HCS for HB 9, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

 SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 9

       An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections and the Office of Administration and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2005 and ending June 30, 2006.

       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

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—34

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

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.

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 adopted the Conference Committee Report on SCS for HCS for HB 10, as amended, and has taken up and passed CCS for SCS for HCS for HB 10.

CONFERENCE COMMITTEE REPORTS

       Senator Gross, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 10, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 10

       The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 10, as amended, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

       1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 10, as amended.

       2. That the House recede from its position on House Committee Substitute for House Bill No. 10.

       3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 10, be truly agreed to and finally passed.

FOR THE SENATE:

FOR THE HOUSE:

 /s/ Charles R. Gross

 /s/ Brad Lager

 /s/ Gary Nodler

 /s/ Allen Icet

 /s/ Chuck Purgason

 /s/ Jodi Stefanick

 /s/ Pat Dougherty

      Margaret Donnelly

 /s/ Timothy P. Green

      Yaphett El-Amin

 

 

       Senator Gross moved that the above conference committee report be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

Alter

Bartle

Bray

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Green

Griesheimer

Gross

Kennedy

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler—27

 

 

NAYS—Senators

 

 

Barnitz

Callahan

Engler

Graham

Wilson—5

 

 

 

 

Absent—Senators

 

 

Gibbons

Klindt—2

 

 

 

Absent with leave—Senators—None

 

 

 

Vacancies—None

 

 

 

       On motion of Senator Gross, CCS for SCS for HCS for HB 10, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 10

       An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health and Senior Services, and the several divisions and programs thereof, the Missouri Health Facilities Review Committee, the Commission for the Missouri Senior Rx Program, and the Office of Administration to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2005 and ending June 30, 2006.

       Was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Bartle

Bray

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Gibbons

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler—29

 

 

 

 

NAYS—Senators

 

 

Barnitz

Callahan

Engler

Graham

Wilson—5

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

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.

HOUSE BILLS ON THIRD READING

       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.

       Was called from the Informal Calendar and taken up by Senator Taylor.

       On motion of Senator Taylor, HCS for HB 174 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

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senator Graham—1

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

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

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

 

       Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred HCS for HB 576, with SCA 1; SS for SCS for HB 487; and SS for SCS for HCS for HB 58, begs leave to report that it has considered the same and recommends that the bills do pass.

HOUSE BILLS ON THIRD READING

       HB 700, introduced by Representative Moore, et al, entitled:

       An Act to repeal sections 217.690 and 565.092, RSMo, and to enact in lieu thereof three new sections relating to the department of corrections, with penalty provisions.

       Was called from the Informal Calendar and taken up by Senator Cauthorn.

       Senator Mayer assumed the Chair.

       Senator Koster assumed the Chair.

       On motion of Senator Cauthorn, HB 700 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Wheeler

Wilson—32

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senator Vogel—1

 

 

 

 

 

 

 

Absent with leave—Senator Days—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President declared the bill passed.

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

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

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

       HCS for HB 576, with SCA 1, 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.

       Was taken up by Senator Nodler.

       SCA 1 was taken up.

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

       Senator Bray offered SA 1:

SENATE AMENDMENT NO. 1

       Amend House Committee Substitute for House Bill No. 576, Page 1, Section A, Line 4, by inserting after all of said line the following:

       “103.003. As used in sections 103.003 to 103.175, the following terms mean:

       (1) “Actuarial reserves”, the necessary funding required to pay all the medical expenses for services provided to members of the plan but for which the claims have not yet been received by the claims administrator;

       (2) “Actuary”, a member of the American Academy of Actuaries or who is an enrolled actuary under the Employee Retirement Income Security Act of 1974;

       (3) “Agency”, a state-sponsored institution of higher learning, political subdivision or governmental entity or instrumentality;

       (4) “Alternative delivery health care program”, a plan of covered benefits that pays medical expenses through an alternate mechanism rather than on a fee-for-service basis. This includes, but is not limited to, health maintenance organizations and preferred provider organizations, all of which shall include chiropractic physicians licensed under chapter 331, RSMo, in the provider networks or organizations;

       (5) “Board”, the board of trustees of the Missouri consolidated health care plan;

       (6) “Claims administrator”, an agency contracted to process medical claims submitted from providers or members of the plan and their dependents;

       (7) “Coordination of benefits”, to work with another group-sponsored health care plan which also covers a member of the plan to ensure that both plans pay their appropriate amount of the health care expenses incurred by the member;

       (8) “Covered benefits”, a schedule of covered services, including chiropractic services, which are payable under the plan;

       (9) “Employee”, any person employed full time by the state or a participating member agency, or a person eligible for coverage by a state-sponsored retirement system or a retirement system sponsored by a participating member agency of the plan;

       (10) “Evidence of good health”, medical information supplied by a potential member of the plan that is reviewed to determine the financial risk the person represents to the plan and the corresponding determination of whether or not he or she should be accepted into the plan;

       (11) “Health care plan”, any group medical benefit plan providing coverage on an expense-incurred basis, any HMO, any group service or indemnity contract issued by a health plan of any type or description;

       (12) “Medical benefits coverages” shall include services provided by chiropractic physicians as well as physicians licensed under chapter 334, RSMo;

       (13) “Medical expenses”, costs for services performed by a provider and covered under the plan;

       (14) “Missouri consolidated health care plan benefit fund account”, the benefit trust fund account containing all payroll deductions, payments, and income from all sources for the plan;

       (15) “Officer”, an elected official of the state of Missouri;

       (16) “Participating member agency”, a state-sponsored institution of higher learning, political subdivision or governmental entity that has elected to join the plan and has been accepted by the board;

       (17) “Plan year”, a twelve-month period designated by the board which is used to calculate the annual rate categories and the appropriate coverage;

       (18) “Provider”, a physician, hospital, pharmacist, psychologist, chiropractic physician or other licensed practitioner who or which provides health care services within the respective scope of practice of such practitioner pursuant to state law and regulation;

       (19) “Retiree”, a person who is not an employee and is receiving or is entitled to receive an annuity benefit from a state-sponsored retirement system or a retirement system of a participating member agency of the plan or becomes eligible for retirement benefits because of service with a participating member agency.

       (20) “Small employer”, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least one but not more than fifty persons during the preceding calendar year and who employs at least one person on the first day of the plan year. A small employer includes a sole proprietor and a partner of a partnership.

       103.005. For the purpose of covering medical expenses of the officers, employees and retirees, the eligible dependents of officers, employees and retirees and to the surviving spouses and children of deceased officers, employees and retirees of the state and participating member agencies of the state, and for the purpose of covering medical expenses of the small employer health plans, there is hereby created and established a health care plan which shall be a body corporate, which shall be under the management of the board of trustees herein described, and shall be known as the “Missouri Consolidated Health Care Plan”. Notwithstanding any provision of law to the contrary, such plan may sue and be sued, transact business, contract, invest funds and hold cash, securities and other property and shall be vested with such other powers as may be necessary or proper to enable it, its officers, employees, and agents to carry out fully and effectively all the purposes of sections 103.003 to 103.175.

       103.036. The board shall set up and maintain a benefit trust fund account in which shall be placed all payroll deductions, payments, and income from all sources other than premiums, payments, or other income from coverage provided to small employers, which shall be maintained in a separate benefit trust fund account. All property, money, funds, investments, and rights which shall belong to or be available for expenditure or use by the plan shall be dedicated to and held in trust for the members and for the purposes herein set out and no other. The board shall have power, in the name and on behalf of the plan, to purchase, acquire, hold, invest, lend, lease, sell, assign, transfer, and dispose of all property, rights, and securities, and enter into written contracts as may be necessary and proper to carry out its duties.”; and

       Further amend the title and enacting clause accordingly.

       Senator Bray moved that the above amendment be adopted.

       Senator Shields raised the point of order that SA 1 is out of order as it goes beyond the scope and title of the bill.

       The point of order was referred to the President Pro Tem who ruled it well taken.

       On motion of Senator Nodler, HCS for HB 576, as amended, was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Callahan

Cauthorn

Champion

Clemens

Crowell

Dolan

Engler

Gibbons

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—26

 

 

 

 

 

 

 

NAYS—Senators

 

 

Bray

Coleman

Dougherty

Graham

Green

Wheeler

Wilson—7

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Days—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

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

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

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

       Senator Griesheimer moved that SS for SCS for HCS for HB 58, as amended, be called from the Informal Calendar and taken up for 3rd reading and final passage, which motion prevailed.

       SS for SCS for HCS for HB 58, as amended, was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Bartle

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Dolan

Dougherty

Engler

Gibbons

Graham

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—30

 

 

 

 

 

 

 

NAYS—Senators

 

 

Barnitz

Bray

Green—3

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Days—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       The President declared the bill passed.

       The emergency clause was adopted by the following vote:

 

YEAS—Senators

 

 

Alter

Bartle

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Dolan

Dougherty

Gibbons

Graham

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—29

 

 

 

 

 

 

 

 

NAYS—Senators

 

 

Barnitz

Bray

Engler

Green—4

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Days—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

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

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

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

       Senator Dolan moved that SS for SCS for HB 487, as amended, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

       SS for SCS for HB 487, as amended, was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Days—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

Crowell

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Days—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.

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 adopted the Conference Committee Report on SCS for HCS for HB 11, as amended, and has taken up and passed CCS for SCS for HCS for HB 11.

CONFERENCE COMMITTEE REPORTS

       Senator Gross, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 11, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 11

       The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 11, as amended, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

       1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 11, as amended.

       2. That the House recede from its position on House Committee Substitute for House Bill No. 11.

       3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 11, be truly agreed to and finally passed.

FOR THE SENATE:

FOR THE HOUSE:

 /s/ Charles R. Gross

 /s/ Brad Lager

 /s/ Gary Nodler

 /s/ Allen Icet

 /s/ Chuck Purgason

 /s/ Jodi Stefanick

      Pat Dougherty

      Margaret Donnelly

      Timothy P. Green

      Yaphett El-Amin

 

 

       Senator Gross moved that the above conference committee report be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

Bartle

Cauthorn

Champion

Clemens

Crowell

Dolan

Gibbons

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—21

 

 

 

 

 

 

 

 

NAYS—Senators

 

 

Alter

Barnitz

Bray

Callahan

Coleman

Dougherty

Engler

Graham

Green

Kennedy

Wheeler

Wilson—12

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Days—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       On motion of Senator Gross, CCS for SCS for HCS for HB 11, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 11

       An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the Office of Administration, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2005 and ending June 30, 2006.

       Was read the 3rd time and passed by the following vote:

 

 

YEAS—Senators

 

 

Bartle

Cauthorn

Champion

Clemens

Crowell

Dolan

Gibbons

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—21

 

 

 

 

 

 

 

 

NAYS—Senators

 

 

Alter

Barnitz

Bray

Callahan

Coleman

Dougherty

Engler

Graham

Green

Kennedy

Wheeler

Wilson—12

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Days—1

 

 

 

 

 

 

 

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.

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 adopted the Conference Committee Report on SCS for HB 12, as amended, and has taken up and passed CCS for SCS for HB 12.

CONFERENCE COMMITTEE REPORTS

       Senator Gross, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 12, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 12

       The Conference Committee appointed on Senate Committee Substitute for House Bill No. 12, as amended, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

       1. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 12, as amended.

       2. That the House recede from its position on House Bill No. 12.

       3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 12, be truly agreed to and finally passed.

FOR THE SENATE:

FOR THE HOUSE:

 /s/ Charles R. Gross

 /s/ Brad Lager

 /s/ Gary Nodler

 /s/ Allen Icet

 /s/ Chuck Purgason

 /s/ Jodi Stefanick

      Pat Dougherty

      Paul LeVota

 /s/ Timothy P. Green

      Rachel Storch

 

 

       Senator Gross moved that the above conference committee report be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

Alter

Bartle

Bray

Cauthorn

Champion

Clemens

Crowell

Dolan

Engler

Gibbons

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—28

 

 

 

 

 

NAYS—Senators

 

 

Barnitz

Callahan

Coleman

Dougherty

Graham—5

 

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Days—1

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       On motion of Senator Gross, CCS for SCS for HB 12, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 12

       An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive’s Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement Systems, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, various joint committees, for the expenses of the interim committees established by the General Assembly, and to transfer money among certain funds, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2005 and ending June 30, 2006.

       Was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Bartle

Bray

Cauthorn

Champion

Clemens

Crowell

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—28

 

 

 

 

 

NAYS—Senators

 

 

Barnitz

Callahan

Coleman

Dougherty—4

 

 

 

 

 

Absent—Senator Dolan—1

 

 

 

 

 

 

 

Absent with leave—Senator Days—1

 

 

 

 

 

 

 

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.

SENATE BILLS FOR PERFECTION

       Senator Cauthorn moved that SB 284, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SB 284, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 284

       An Act to amend chapter 348, RSMo, by adding thereto three new sections relating to the Dairy Herd Development Revolving Fund.

       Was taken up.

       Senator Cauthorn moved that SCS for SB 284 be adopted.

       At the request of Senator Cauthorn, SB 284, with SCS (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 adopted the Conference Committee Report on SCS for HB 13 and has taken up and passed CCS for SCS for HB 13.

       CONFERENCE COMMITTEE REPORTS

       Senator Gross, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 13, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 13

       The Conference Committee appointed on Senate Committee Substitute for House Bill No. 13, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

       1. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 13.

       2. That the House recede from its position on House Bill No. 13.

       3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 13, be truly agreed to and finally passed.

FOR THE SENATE:

FOR THE HOUSE:

 /s/ Charles R. Gross

 /s/ Brad Lager

 /s/ Gary Nodler

 /s/ Allen Icet

 /s/ Chuck Purgason

 /s/ Jodi Stefanick

 /s/ Pat Dougherty

      Paul LeVota

 /s/ Timothy P. Green

      Rachel Storch

 

 

       President Pro Tem Gibbons assumed the Chair.

       Senator Gross moved that the above conference committee report be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Cauthorn

Champion

Clemens

Dolan

Dougherty

Engler

Gibbons

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—25

 

 

 

 

NAYS—Senators

 

 

Bray

Callahan

Coleman

Graham

Wheeler

Wilson—6

 

 

 

Absent—Senator Crowell—1

 

 

 

 

 

 

 

Absent with leave—Senators

 

 

Bartle

 Days—2

 

 

 

Vacancies—None

 

 

 

       Senator Koster assumed the Chair.

       On motion of Senator Gross, CCS for SCS for HB 13, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 13

       An Act to appropriate money for real property leases, related services, utilities, systems furniture, and structural modifications for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds for the period beginning July 1, 2005 and ending June 30, 2006.

       Was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Cauthorn

Champion

Clemens

Dolan

Dougherty

Engler

Gibbons

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—25

 

 

 

 

 

 

 

 

NAYS—Senators

 

 

Bray

Callahan

Coleman

Graham

Wheeler

Wilson—6

 

 

 

 

 

 

 

Absent—Senator Crowell—1

 

 

 

 

 

 

 

Absent with leave—Senators

 

 

Bartle

 

 Days—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.

REPORTS OF STANDING COMMITTEES

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

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

       Donna Beck Smith and Jeffrey L. Fox, as members of the Life Sciences Research Committee;

       Also,

       Patrick J. Barrett, as a member of the Missouri Horse Racing Commission;

       Also,

       Gloria J. Carter-Hicks and Richard L. Payne, as members of the Missouri Training and Employment Council;

       Also,

       Louis B. Eckelkamp and Nelson C. Grumney, Jr., as members of the Missouri Development Finance Board;

       Also,

       David L. Gourley, D.V.M., as a member of the Missouri Veterinary Medical Board;

       Also,

       William Miller, Jr. and Anita T. Yeckel, as members of the Board of Election Commissioners for Saint Louis County;

       Also,

       Richard Dennis Voisey, as a member of the Air Conservation Commission;

       Also,

       Harold E. James and Cathy E. Stroud, as members of the Credit Union Commission;

       Also,

       Jeffrey Appleman, D.P.M., as a member of the State Board of Podiatric Medicine;

       Also,

       James E. Ricks, as a member of the Missouri Higher Education Loan Authority;

       Also,

       Silvey J. Barker, as a member of the Mississippi River Parkway Commission;

       Also,

       Thomas J. Fritzlen, Jr., James B. Kelly, Jr., M.D., Tim J.P. Cooper, M.D. and Charles A. Bowen, M.D. as members of the Advisory Commission for Anesthesiologist Assistants;

       Also,

       Ronald G. Hardecke, as a member of the Clean Water Commission;

       Also,

       David H. Pikka, as a member of the Peace Officer Standards and Training Commission;

       Also,

       Andrew K. Kapp, as a member of the Missouri Ethanol and Other Renewable Fuel Sources Commission;

       Also,

       Paul D. Bloch and Duncan E. Kincheloe, III, as members of the Personnel Advisory Board;

       Also,

       Duane E. Schreimann, as a member of the Coordinating Board for Higher Education;

       Also,

       Melvin F. Schebaum, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees;

       Also,

       Michael L. Kehoe, as a member of the State Highways and Transportation Commission;

       Also,

       Thomas N. Wapelhorst and Kevin F. Kast, as members of the Saint Charles County Convention and Sports Facilities Authority;

       Also,

       Darryl T. Jones, as a member of the Missouri Gaming Commission;

       Also,

       Richard D. Schooler, D.O., as a member of the State Board of Registration for the Healing Arts;

       Also,

       Donald R. England, as a member of the Interior Design Council;

       Also,

       Susan B. Williamson, as a member of the Hazardous Waste Management Commission;

       Also,

       Ronald M. Alexander, as a member of the State Advisory Council on Emergency Medical Services.

       Senator Gibbons requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

       Senator Gibbons moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

       President Pro Tem Gibbons assumed the Chair.

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

       Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred HB 417, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred HB 832, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred HCS for HB 498, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred HB 196, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

       Mr. President: Your Committee on Education, to which was referred HCS for HB 440, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Education, to which was referred HB 320, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 adopted SCS for HCS for HB 19 and has taken up and passed SCS for HCS for HB 19.

MESSAGES FROM THE GOVERNOR

       The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

May 3, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

          I hereby withdraw from your consideration the following appointments to office submitted to you on January 27, 2005 for your advice and consent:

          John G. Harper, M.Ed., CRC, LPC, 2813 Burrwood Drive, Columbia, Boone County, Missouri 65203, as a member of the Missouri Planning Council on Developmental Disabilities, for a term ending June 30, 2006, and until his successor is duly appointed and qualified; vice, John G. Harper, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          President Pro Tem Gibbons moved that the above appointment be returned to the Governor pursuant to his request, which motion prevailed.

       Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

May 3, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

          I hereby withdraw from your consideration the following appointments to office submitted to you on January 27, 2005 for your advice and consent:

          Jeffrey A. Marlow, 1100 La Guille Court, Apartment B, Rolla, Phelps County, Missouri 65401, as a member of the Missouri Planning Council on Developmental Disabilities, for a term ending June 30, 2007, and until his successor is duly appointed and qualified; vice, Jeffrey A. Marlow, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          President Pro Tem Gibbons moved that the above appointment be returned to the Governor pursuant to his request, which motion prevailed.

 

       Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

May 3, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

          I hereby withdraw from your consideration the following appointments to office submitted to you on March 16, 2005 for your advice and consent:

          Douglas A. Albrecht, Republican, 550 Barnes Road, Saint Louis, Saint Louis County, Missouri 63112, as a member of the Regional Convention and Sports Complex Authority, for a term ending May 31, 2008, and until his successor is duly appointed and qualified; vice, Robert Blitz, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

 

          President Pro Tem Gibbons moved that the above appointment be returned to the Governor pursuant to his request, which motion prevailed.

       Also,

 

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

May 5, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

          The following addendum should be made to the appointment of Joncee Nodler to the Public School Retirement System of Missouri Board of Trustees, submitted on April 27, 2005. Line 3 should be amended as follows:

          “Board of Trustees, for a term ending June 30, 2009, and until her”

Respectfully submitted,

MATT BLUNT

Governor

 

       President Pro Tem Gibbons referred the above addendum to the Committee on Gubernatorial Appointments.

HOUSE BILLS ON SECOND READING

       The following Bills were read the 2nd time and referred to the Committees indicated:

       HCS for HB 972—Judiciary and Civil and Criminal Jurisprudence.

       HB 789—Pensions, Veterans’ Affairs and General Laws.

       HCS for HB 192—Governmental Account-ability and Fiscal Oversight.

RESOLUTIONS

       Senator Stouffer offered Senate Resolution No. 1302, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenneth “Red” Browning, Glasgow, which was adopted.

       Senator Gross offered Senate Resolution No. 1303, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Vernon Meyer, St. Charles, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1304, regarding Julia A. Hansen, Lexington, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1305, regarding Helen L. Seifert, Otterville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1306, regarding Paula Kolster, Lexington, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1307, regarding Monica C. Soendker, Lexington, which was adopted.

       Senator Scott offered Senate Resolution No. 1308, regarding the Fiftieth Wedding Anniversary of Reverend and Mrs. James A. Coleman, El Dorado Springs, which was adopted.

       Senators Green and Days offered Senate Resolution No. 1309, regarding Michael Edwin Luce “Mic” Durfee, Ferguson, which was adopted.

       Senator Taylor offered Senate Resolution No. 1310, regarding Jeanne M. Hale, which was adopted.

       Senator Nodler offered Senate Resolution No. 1311, regarding the 2004 Lockwood High School girls volleyball program, which was adopted.

       Senator Kennedy offered Senate Resolution No. 1312, regarding Manzo Importing Company, Saint Louis, which was adopted.

       Senator Nodler offered Senate Resolution No. 1313, regarding Dr. Charles Thelen, Joplin, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1314, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Jerry Niemeier, Higginsville, which was adopted.

       Senator Graham offered Senate Resolution No. 1315, regarding Boone Hospital Center, Columbia, which was adopted.

       Senator Engler offered Senate Resolution No. 1316, regarding Sharon Bayless, which was adopted.

       Senator Engler offered Senate Resolution No. 1317, regarding Richard J. Augustine, Jr., which was adopted.

       Senator Engler offered Senate Resolution No. 1318, regarding Barbara H. Burkett, which was adopted.

       Senator Engler offered Senate Resolution No. 1319, regarding Janis G. Chatman, which was adopted.

       Senator Engler offered Senate Resolution No. 1320, regarding Nancy L. Eaves, which was adopted.

       Senator Engler offered Senate Resolution No. 1321, regarding Phyllis J. Hargis, which was adopted.

       Senator Engler offered Senate Resolution No. 1322, regarding Nancy G. Sullivan, which was adopted.

       Senator Engler offered Senate Resolution No. 1323, regarding Karen S. Tutt, which was adopted.

       Senator Engler offered Senate Resolution No. 1324, regarding the late Diana Broderick-Smith, which was adopted.

       Senator Engler offered Senate Resolution No. 1325, regarding Alice L. Johnson, which was adopted.

       Senator Engler offered Senate Resolution No. 1326, regarding Pamela J. Kauflin, which was adopted.

       Senator Engler offered Senate Resolution No. 1327, regarding Jacqueline L. Pinkston, which was adopted.

       Senator Engler offered Senate Resolution No. 1328, regarding Loretta Warren, which was adopted.

       Senator Engler offered Senate Resolution No. 1329, regarding Judy Nipper, which was adopted.

       Senator Engler offered Senate Resolution No. 1330, regarding Sue Wilson, which was adopted.

INTRODUCTIONS OF GUESTS

       Senator Klindt introduced to the Senate, Katey Poteet, Savannah.

       Senator Dolan introduced to the Senate, former State Treasurer Wendall Bailey, Willow Springs; and former Lt. Governor Joe Maxwell, Mexico.

       Senator Dolan introduced to the Senate, Matthew Terry, Columbia.

 


       The President introduced to the Senate, students from Cape Girardeau.

       Senator Coleman introduced to the Senate, fourth grade students from St. Cecilia School, St. Louis.

       On motion of Senator Shields, the Senate adjourned until 1:00 p.m., Monday, May 9, 2005.

SENATE CALENDAR

______

 

SIXTY-SIXTH DAY–MONDAY, MAY 9, 2005

______

 

FORMAL CALENDAR

 

SENATE BILLS FOR PERFECTION

 

SB 542-Callahan

SB 326-Nodler, with SCS

SB 417-Engler, et al


SB 466-Vogel, with SCS

SB 508-Wheeler, with SCS

 


HOUSE BILLS ON THIRD READING

 

  1. HCS for HB 394, with SCS (Engler)

      (In Fiscal Oversight)

  2. HB 114-Johnson (47) (Wheeler)

      (In Fiscal Oversight)

  3. HCS for HBs 518, 288, 418 & 635, with

      SCS (Dolan) (In Fiscal Oversight)

  4. HCS for HB 353, with SCS (Bartle)

      (In Fiscal Oversight)

  5. HCS for HBs 500 & 533, with SCS

      (Koster) (In Fiscal Oversight)

  6. HCS for HB 863, with SCS (Taylor)


  7. HB 116-Deeken, et al (Vogel)

  8. HB 530-Moore, et al (Loudon)

  9. HCS#2 for HBs 94 & 185 (Koster)

      (In Fiscal Oversight)

10. HB 417-Yates, et al, with SCS

11. HB 832-Brooks, et al

12. HCS for HB 498

13. HB 196-Wildberger, et al, with SCS

      (Koster)

14. HCS for HB 440

15. HB 320-Muschany, et al, with SCS


INFORMAL CALENDAR

 

THIRD READING OF SENATE BILLS

 

SCS for SB 3-Loudon

 


SS for SCS for SB 316-Dolan

   (In Fiscal Oversight)

 


SENATE BILLS FOR PERFECTION

 

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 (pending)

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

   (pending)

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 393-Stouffer, with SCS

SB 434-Cauthorn

SB 470-Engler

SB 548-Loudon


 

HOUSE BILLS ON THIRD READING

 

HB 48-Dougherty, with SCS (Callahan)

HCS for HB 64, with SCS (Crowell)

HCS for HB 108 (Shields)

HCS for HB 135, with SCS (Shields)

HCS for HB 186, with SCS (Scott)

HCS for HB 208, with SCS (Crowell)

HCS for HB 209, with SCS (Griesheimer)

HCS for HB 276 (Nodler)

HCS for HB 334 (Crowell)

HCS for HB 347, with SCS & SS for SCS

   (pending) (Dolan)

HCS for HB 388 (Loudon)

HCS for HB 437, with SCS (Dolan)


HCS for HB 461 (Griesheimer)

HCS for HB 468, with SCS (Scott)

HB 539-Icet, et al, with SCS (Nodler)

HB 564-Boykins, et al (Coleman)

HCS#2 for HB 568 (Nodler)

HB 592-Cooper (120) (Dolan)

HB 596-Schaaf (Shields)

HCS for HB 606 (Kennedy)

HB 617-Kelly (144), et al, with SCS

   (Purgason)

HB 738-Behnen (Scott)

HCS for HB 824 (Klindt)

 


 

 

 

CONSENT CALENDAR

 

House Bills

Reported 4/12

 

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

 

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)

HB 413-Hubbard, et al (Coleman)


HCS for HBs 462 & 463 (Shields)

HB 681-Chappelle-Nadal (Days)

HB 321-Yates (Bartle)


 

SENATE BILLS WITH HOUSE AMENDMENTS

 

SB 307-Purgason, with HCS

 


SCS for SB 390-Taylor,

   with HA 1 & HA 3


 

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES

 

In Conference

 

SCS#2 for SB 155-Mayer, with HCS, as

   amended


SS for SCS for SB 210-Griesheimer, with

   HCS, as amended


RESOLUTIONS

 

Reported from Committee

 

SCR 10-Scott

SCR 12-Koster

SCR 14-Purgason

HCR 11-Sander, et al (Stouffer)

HCR 9-Bivins, et al (Nodler)

HCR 15-Baker (123) (Koster)

HCR 20-Rupp, et al (Dolan)

 


HCS for HCR 24 (Coleman)

SR 901-Mayer, et al

SR 1193-Vogel, with SCA 1

SCR 17-Scott

HCR 23-Sutherland, et al (Mayer)

SCR 19-Stouffer