Journal of the Senate

FIRST REGULAR SESSION



SEVENTIETH DAY—FRIDAY, MAY 13, 2005





       The Senate met pursuant to adjournment.

       Senator Griesheimer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “Steadfast love belongs to you, O Lord. For you repay to all according to their work.” (Psalm 63:12)

          Gracious God, we know that this is our last day of this session and there are things we still want to accomplish and work to complete; so we pray, walk with us and sustain us that we may reach the end of this day knowing we have done all things as unto You. We pray, bless our work and let it be according to Your will and the intended actions accomplish what we have worked towards this session. And bring us to that place where we may know Your peace in our mind, body, spirit and community that produces an integrated wholeness and effectiveness in our daily living. In Your Holy Name we pray. Amen.

          The Pledge of Allegiance to the Flag was recited.

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

       The Journal of the previous day was read and approved.

       Senator Shields announced that photographers from the Associated Press, KRCG-TV, KTVI-TV, News Tribune and KMIZ-TV were given permission to take pictures in the Senate Chamber today.

 

       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 Green offered Senate Resolution No. 1510, regarding the One Hundred First Birthday of Helen C. Auman, St. Louis, which was adopted.

       Senator Bray offered Senate Resolution No. 1511, regarding the Sixty-fifth Birthday of Florence Terry Pullen, Ladue, which was adopted.

       Senator Bray offered Senate Resolution No. 1512, regarding Kelly Anthony, Saint Louis, which was adopted.

       Senator Alter offered Senate Resolution No. 1513, regarding Diana Miller, which was adopted.

       The Senate observed a moment of silence in memory of John Oliver, Sr.

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 concurred in SA 1 to SA 1, SA 1, as amended, and has taken up and passed HB 114, as amended.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HCS for HB 437 and has taken up and passed SS for SCS for HCS for HB 437.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HCS for HB 64 and has taken up and passed SS for SCS for HCS for HB 64.

       Emergency clause adopted.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1, SA 2, SA 3, SA 4, SA 6 and has taken up and passed HCS for HB 461, as amended.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 638 and has taken up and passed SCS for HB 638.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SSA 1 for SA 1, SA 3, SA 6 and has taken up and passed HCS for HB 525, as amended.

       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 SCS for SB 196, entitled:

       An Act to repeal section 144.030, RSMo, and to enact in lieu thereof one new section relating to material recovery operations.

       In which the concurrence of the Senate is respectfully requested.

       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 SS for SB 402, entitled:

       An Act to repeal sections 311.310, 311.325, 570.223, and 577.500, RSMo, and to enact in lieu thereof seven new sections relating to substance abuse, with penalty provisions.

       In which the concurrence of the Senate is respectfully requested.

REPORTS OF STANDING COMMITTEES

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

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

       Nicole Cozean, as a member of the Missouri Board of Occupational Therapy.

       Senator Crowell moved that the committee report be adopted, and the Senate do give its advice and consent to the above appointment, which motion prevailed.

CONCURRENT RESOLUTIONSSenator Nodler moved that HCR 9 be taken up for adoption, which motion prevailed.

       On motion of Senator Nodler, HCR 9 was adopted 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

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

NAYS—Senators—None

 

 

 

Absent—Senator Klindt—1

 

 

 

Absent with leave—Senators—None

 

 

 

Vacancies—None

 

 

 

       Senator Dolan moved that HCR 20 be taken up for 3rd reading and final passage, which motion prevailed.

       HCR 20, entitled:

HOUSE CONCURRENT RESOLUTION NO. 20

       Relating to the designation of October fifteenth as Pregnancy and Infant Loss Remembrance Day.

       Was taken up.

       On motion of Senator Dolan, HCR 20 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

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators

 

 

Klindt

Koster—2

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       Senator Mayer moved that HCR 23 be taken up for adoption, which motion prevailed.

       President Kinder assumed the Chair.

       On motion of Senator Mayer, HCR 23 was adopted by the following vote:

 

YEAS—Senators

 

 

 

Alter

Bartle

Bray

Callahan

 

Cauthorn

Champion

Clemens

Coleman

 

Crowell

Days

Dougherty

Engler

 

Gibbons

Graham

Green

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Scott

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Barnitz

Dolan—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

PRIVILEGED MOTIONS

       Senator Ridgeway moved that SCS for SB 196, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

       HCS for SCS for SB 196, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 196

       An Act to repeal section 144.030, RSMo, and to enact in lieu thereof one new section relating to material recovery operations.

       Was taken up.

       Senator Ridgeway moved that HCS for SCS for SB 196 be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

Alter

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators

 

 

Barnitz

Koster—2

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

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

 

YEAS—Senators

 

 

 

Alter

Bartle

Bray

Callahan

 

Cauthorn

Champion

Clemens

Coleman

 

Crowell

Days

Dougherty

Engler

 

Gibbons

Graham

Green

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Scott

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Barnitz

Dolan—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

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.

       Bill ordered enrolled.

       Senator Gibbons moved that SS for SB 402, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

       HCS for SS for SB 402, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 402

       An Act to repeal sections 311.310, 311.325, 570.223, and 577.500, RSMo, and to enact in lieu thereof seven new sections relating to substance abuse, with penalty provisions.

       Was taken up.

       Senator Gibbons moved that HCS for SS for SB 402 be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senator Dougherty—1

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       On motion of Senator Gibbons, HCS for SS for SB 402 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 Gibbons, title to the bill was agreed to.

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

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

       Bill ordered enrolled.

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 SB 320, entitled:

       An Act to repeal sections 429.010 and 429.080, RSMo, and to enact in lieu thereof two new sections relating to mechanic liens.

       In which the concurrence of the Senate is respectfully requested.

PRIVILEGED MOTIONS

       Senator Koster moved that SB 320, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

       HCS for SB 320, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 320

       An Act to repeal sections 429.010 and 429.080, RSMo, and to enact in lieu thereof two new sections relating to mechanic liens.

       Was taken up.

       Senator Koster moved that HCS for SB 320 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

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

 

 

 

 

       On motion of Senator Koster, HCS for SB 320 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 Koster, title to the bill was agreed to.

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

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

       Bill ordered enrolled.

CONCURRENT RESOLUTIONS

       Senator Coleman moved that HCS for HCR 24 be taken up for adoption, which motion prevailed.

       On motion of Senator Coleman, HCS for HCR 24 was adopted 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

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Scott

Shields

 

Stouffer

Taylor

Vogel

Wheeler

 

Wilson—33

 

 

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Klindt—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

HOUSE BILLS ON THIRD READING

       HCS No. 2 for HBs 94 and 185, entitled:

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

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

       Senator Barnitz offered SS for HCS No. 2 for HBs 94 and 185, entitled:

SENATE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE NO. 2

FOR HOUSE BILLS NOS. 94 and 185

       An Act to repeal section 351.488, RSMo, and to enact in lieu thereof two new sections relating to military affairs.

       Senator Mayer assumed the Chair.

       Senator Barnitz moved that SS for HCS No. 2 for HBs 94 and 185 be adopted, which motion prevailed.

       President Kinder assumed the Chair.

       On motion of Senator Koster, SS for HCS No. 2 for HBs 94 and 185 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

 

Alter

Barnitz

Bartle

Bray

 

Callahan

Cauthorn

Champion

Clemens

 

Coleman

Crowell

Days

Dougherty

 

Engler

Gibbons

Graham

Green

 

Griesheimer

Kennedy

Koster

Loudon

 

Mayer

Nodler

Purgason

Ridgeway

 

Scott

Shields

Stouffer

Taylor

 

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Dolan

Gross

Klindt—3

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President declared the bill passed.

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

       Senator Koster 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 SS for SCS for HCS for HB 58, as amended, and has taken up and passed CCS for SS for SCS for HCS for HB 58.

       On motion of Senator Shields, the Senate recessed until 1:45 p.m.

RECESS

       The time of recess having expired, the Senate was called to order by President Pro Tem Gibbons.

       Photographers from the Kansas City Star and KOMU-TVwere given permission to take pictures in the Senate Chamber today.

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 adopted the Conference Committee Report on SS for SCS for HCS for HB 353, as amended, and has taken up and passed CCS for SS for SCS for HCS for HB 353.

       Emergency clause adopted.

       Also,

       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 SS for HCS No. 2 for HB 568, as amended, and has taken up and passed CCS for SS for HCS No. 2 for HB 568.

REPORTS OF STANDING COMMITTEES

       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 HCS for HB 866, begs leave to report that it has considered the same and recommends that the bill do pass.

CONFERENCE COMMITTEE REPORTS

       Senator Griesheimer, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HCS for HB 58, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 58

       The Conference Committee appointed on Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 58, with Senate Amendment Nos. 1, 3, 4, Senate Amendment No. 5 as amended, Senate Amendment Nos. 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, and 39, 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 Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 58, as amended;

       2. That the House recede from its position on House Committee Substitute for House Bill No. 58;

       3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 58, be Third Read and Finally Passed.

FOR THE HOUSE:          FOR THE SENATE:

/s/ Robert Johnson            /s/ John E. Griesheimer

     Vicki Schneider            /s/ Larry Gene Taylor

/s/ Todd Smith                  /s/ Jason Crowell

/s/ Wes Wagner                /s/ Yvonne Wilson

/s/ Trent Skaggs                 Harry Kennedy

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

 

YEAS—Senators

 

 

Alter

Bartle

Callahan

Cauthorn

Champion

Clemens

Crowell

Dolan

Dougherty

Engler

Gibbons

Graham

Griesheimer

Gross

Koster

Loudon

Nodler

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—24

 

 

 

 

 

NAYS—Senators

 

 

Barnitz

Bray

Coleman

Days

Green

Kennedy

Klindt

Mayer

Purgason

Ridgeway—10

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

       On motion of Senator Griesheimer, CCS for SS for SCS for HCS for HB 58, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 58

       An Act to repeal sections 44.090, 49.093, 49.272, 50.343, 50.530, 50.760, 50.770, 50.780, 50.1030, 52.317, 54.010, 54.280, 54.320, 54.330, 55.160, 59.005, 64.215, 64.940, 65.030, 65.110, 65.150, 65.160, 65.180, 65.190, 65.200, 65.220, 65.230, 65.300, 65.460, 65.490, 65.600, 65.610, 67.459, 67.469, 67.1003, 67.1062, 67.1067, 67.1069, 67.1070, 67.1350, 67.1401, 67.1451, 67.1754, 67.1775, 67.1850, 71.012, 71.794, 82.291, 82.1025, 94.270, 94.700, 100.050, 100.059, 105.711, 115.013, 115.019, 135.010, 136.010, 136.160, 137.073, 137.078, 137.100, 137.106, 137.115, 137.465, 137.585, 137.720, 138.100, 139.040, 139.055, 139.120, 139.350, 139.400, 139.420, 139.430, 139.440, 139.450, 139.460, 140.150, 165.071, 190.010, 190.015, 190.090, 190.292, 190.335, 205.010, 210.860, 210.861, 217.905, 231.230, 231.444, 233.295, 242.560, 245.205, 246.005, 247.060, 247.180, 249.1150, 249.1152, 249.1154, 250.140, 263.245, 278.240, 301.025, 313.800, 313.820, 320.121, 321.120, 321.190, 321.220, 321.322, 321.603, 349.045, 393.015, 447.620, 447.622, 447.625, 447.640, 473.770, 473.771, 478.570, 478.600, 488.2220, 559.607, 537.600, 640.635, 644.076, 701.031, 701.038, and 701.053, RSMo, and section 137.130 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, and section 137.130 as enacted by conference committee substitute for house substitute for house committee substitute for senate bill no. 827, eighty-ninth general assembly, second regular session, are repealed and to enact in lieu thereof one hundred sixty-six new sections relating to political subdivisions, with penalty provisions.

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

 

 

YEAS—Senators

 

 

 

Alter

Bartle

Callahan

Cauthorn

 

Champion

Clemens

Crowell

Dolan

 

Dougherty

Engler

Gibbons

Graham

 

Griesheimer

Gross

Koster

Loudon

 

Nodler

Scott

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—24

 

 

 

 

 

 

 

NAYS—Senators

 

 

 

Barnitz

Bray

Coleman

Days

 

Green

Kennedy

Klindt

Mayer

 

Purgason

Ridgeway—10

 

 

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President declared the bill passed.

       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.

HOUSE BILLS ON THIRD READING

       HB 789 was placed on the Informal Calendar.

       Senator Scott requested unanimous consent of the Senate to suspend the rules for the purpose of taking up HCS for HB 866 for 3rd reading and final passage, which request was granted.

       HCS for HB 866, entitled:

       An Act to repeal sections 375.146 and 375.991, RSMo, and to enact in lieu thereof three new sections relating to insurance fraud, with penalty provisions.

       Was taken up by Senator Scott.

       On motion of Senator Scott, HCS for HB 866, 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

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Scott

Shields

 

Stouffer

Taylor

Vogel

Wheeler

 

Wilson—33

 

 

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Gross—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President declared the bill passed.

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

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

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

CONFERENCE COMMITTEE REPORTS

       Senator Bartle, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HCS for HB 353, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 353

       The Conference Committee appointed on Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 353, with Senate Amendment Nos. 1, 2, 3, 5, Senate Amendment No. 6 as amended, Senate Amendment Nos. 7, 8, 9, 10, 12, 13, 14, 16, 17, and 18, 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 Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 353, as amended;

       2. That the House recede from its position on House Committee Substitute for House Bill No. 353;

       3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 353, be Third Read and Finally Passed.

FOR THE HOUSE:          FOR THE SENATE:

/s/ Scott A. Lipke              /s/ Matt Bartle

/s/ Kenny Jones                /s/ John Loudon

/s/ Mark Bruns                  /s/ Delbert Scott

/s/ John Burnett                /s/ Chuck Graham

/s/ Cathy Jolly                   /s/ Rita Heard Days

       Senator Bartle 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

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

 

 

 

 

 

       On motion of Senator Bartle, CCS for SS for SCS for HCS for HB 353, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 353

       An Act to repeal sections 1.160, 8.177, 43.010, 43.120, 43.509, 43.543, 105.711, 115.135, 115.155, 115.160, 115.631, 195.017, 211.031, 217.105, 217.705, 217.750, 302.321, 302.541, 304.022, 306.112, 306.114, 306.116, 306.117, 306.119, 306.140, 306.147, 367.031, 407.1355, 479.230, 542.276, 544.170, 545.550, 556.036, 558.016, 558.019, 559.016, 559.036, 559.115, 559.607, 565.081, 565.082, 565.083, 566.083, 566.200, 566.223, 568.045, 568.050, 569.040, 569.080, 569.090, 570.030, 570.040, 570.080, 570.120, 570.145, 570.223, 570.255, 570.300, 575.150, 575.270, 576.050, 577.023, 577.041, 577.500, 590.040, 595.209, and 650.055, RSMo, and to enact in lieu thereof eighty-five new sections relating to crime, with penalty provisions, an emergency clause for certain sections, and a severability clause.

       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.

       The emergency clause was adopted by the following vote:

 

YEAS—Senators

 

 

Alter

Barnitz

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—33

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senator Dougherty—1

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—None

 

 

 

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

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

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

       Senator Koster assumed the Chair.

       Senator Nodler, on behalf of the conference committee appointed to act with a like committee from the House on SS for HCS No. 2 for HB 568, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE No. 2 FOR HOUSE BILL NO. 568

       The Conference Committee appointed on Senate Substitute for House Committee Substitute No. 2 for House Bill No. 568, with Senate Amendment Nos. 2, 5, 10, and 11, 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 Substitute for House Committee Substitute No. 2 for House Bill No. 568, as amended;

       2. That the House recede from its position on House Committee Substitute No. 2 for House Bill No. 568;

       3. That the attached Conference Committee Substitute for Senate Substitute for House Committee Substitute No. 2 for House Bill No. 568, be Third Read and Finally Passed.

FOR THE HOUSE:          FOR THE SENATE:

/s/ Bryan P. Stevenson      /s/ Gary Nodler

/s/ Jack A.L. Goodman     /s/ Robert Mayer

/s/ Tim Flook                                         /s/ Matt Bartle

/s/ Kate Meiners               /s/ Chuck Graham

/s/ Jeanette Mott Oxford   /s/ Patrick Dougherty

       Senator Nodler 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

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

 

 

 

 

       On motion of Senator Nodler, CCS for SS for HCS No. 2 for HB 568, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE NO. 2 FOR HOUSE BILL NO. 568

       An Act to repeal sections 210.110, 210.112, 210.117, 211.037, 211.038, 452.375, 452.400, and 452.490, RSMo, and to enact in lieu thereof ten new sections relating to protection of children.

       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 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.

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 297 and has taken up and passed CCS for SCS for HCS for HB 297.

CONFERENCE COMMITTEE REPORTS

       Senator Nodler, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 297, 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. 297

       The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 297 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. 297;

       2. That the House recede from its position on House Committee Substitute for House Bill No. 297;

       3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 297, be Third Read and Finally Passed.

FOR THE HOUSE:          FOR THE SENATE:

/s/ David Pearce                /s/ Gary Nodler

/s/ Kevin Wilson               /s/ Michael R. Gibbons

/s/ Steve Hobbs                 /s/ Dan Clemens

/s/ Sara Lampe                                    Yvonne Wilson

/s/ Sharon Sanders Brooks                     /s/ Maida Coleman

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

 

YEAS—Senators

 

 

 

Alter

Bartle

Bray

Callahan

 

Cauthorn

Champion

Clemens

Coleman

 

Crowell

Days

Dolan

Engler

 

Gibbons

Graham

Green

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Scott

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Barnitz

Dougherty—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       On motion of Senator Nodler, CCS for SCS for HCS for HB 297, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 297

       An Act to repeal sections 160.522, 168.104, 168.211, 168.221, 168.261, and 168.515, RSMo, and to enact in lieu thereof six new sections relating to elementary and secondary education.

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

 

YEAS—Senators

 

 

 

Alter

Bartle

Bray

Callahan

 

Cauthorn

Champion

Clemens

Coleman

 

Crowell

Days

Dolan

Engler

 

Gibbons

Graham

Green

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Scott

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Barnitz

Dougherty—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

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.

HOUSE BILLS ON THIRD READING

       HCS for HB 119, entitled:

       An Act to amend chapter 105, RSMo, by adding thereto one new section relating to life insurance benefits for government employees during military deployments, with an emergency clause.

       Was called from the Consent Calendar and taken up by Senator Stouffer.

       On motion of Senator Stouffer, HCS for HB 119 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Alter

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—33

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senator Barnitz—1

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

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

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

 

 

 

 

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

       Senator Stouffer 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 HBs 163, 213 and 216, entitled:

       An Act to repeal sections 42.170, 42.175, 42.200, and 42.202, RSMo, and to enact in lieu thereof four new sections relating to veterans’ medallion programs, with an emergency clause.

       Was called from the Consent Calendar and taken up by Senator Gross.

       On motion of Senator Gross, HCS for HBs 163, 213 and 216 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

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Scott

Shields

 

Stouffer

Taylor

Vogel

Wheeler

 

Wilson—33

 

 

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Klindt—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

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

Days

Dolan

 

Dougherty

Engler

Gibbons

Graham

 

Green

Griesheimer

Gross

Kennedy

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Scott

Shields

 

Stouffer

Taylor

Vogel

Wheeler

 

Wilson—33

 

 

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Klindt—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       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.

       HB 219, introduced by Representatives Salva and Johnson (47), entitled:

       An Act to amend chapter 8, RSMo, by adding thereto one new section relating to the naming of a room at the Missouri state archives.

       Was called from the Consent Calendar and taken up by Senator Wheeler.

       On motion of Senator Wheeler, HB 219 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 Wheeler, title to the bill was agreed to.

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

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

       HB 236, introduced by Representative Goodman, entitled:

       An Act to amend chapter 41, RSMo, by adding thereto one new section relating to a national guard armory.

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

       On motion of Senator Taylor, HB 236 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 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.

       HB 261, introduced by Representative Deeken, entitled:

       An Act to repeal section 70.655, RSMo, and to enact in lieu thereof one new section relating to local government employee retirement.

       Was called from the Consent Calendar and taken up by Senator Griesheimer.

       On motion of Senator Griesheimer, HB 261 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

Gibbons

Graham

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Shields

Stouffer

Taylor

 

Vogel

 

Wheeler

Wilson—31

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Green

 

Scott—2

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President declared the bill passed.

       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.

       HB 323, introduced by Representative Johnson (47), entitled:

       An Act to repeal sections 86.370, 86.373, 86.374, 86.377, 86.380, 86.383, 86.387, 86.390, 86.393, 86.394, 86.397, 86.398, 86.400, 86.403, 86.407, 86.410, 86.413, 86.417, 86.420, 86.423, 86.427, 86.430, 86.433, 86.434, 86.437, 86.440, 86.441, 86.442, 86.443, 86.445, 86.447, 86.450, 86.453, 86.457, 86.460, 86.463, 86.467, 86.470, 86.473, 86.477, 86.480, 86.483, 86.487, 86.490, 86.493, 86.497, 86.600, 86.610, 86.611, 86.620, 86.630, 86.640, 86.650, 86.660, 86.665, 86.670, 86.671, 86.672, 86.675, 86.676, 86.680, 86.690, 86.700, 86.710, 86.720, 86.730, 86.740, 86.745, 86.750, 86.760, 86.770, 86.780 and 86.790, RSMo, and to enact in lieu thereof seventy-three new sections relating to Kansas City police retirement.

       Was called from the Consent Calendar and taken up by Senator Shields.

       Senator Wilson, under the provisions of Senate Rule 91, was excused from voting.

       On motion of Senator Shields, HB 323 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

Gibbons

Graham

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Shields

Stouffer

Taylor

 

Vogel

Wheeler—30

 

 

 

 

NAYS—Senators—None

 

 

 

 

Absent—Senators

 

 

 

Green

Scott—2

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Excused from voting—Senator Wilson—1

 

 

 

 

 

 

 

 

 

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 Gibbons moved that motion lay on the table, which motion prevailed.

       HB 473, introduced by Representative Yates, entitled:

       An Act to repeal section 167.020, RSMo, and to enact in lieu thereof one new section relating to pupil residency waiver requests, with penalty provisions.

       Was called from the Consent Calendar and taken up by Senator Bartle.

       Senator Bartle moved that HB 473 be read the 3rd time and finally passed.

       At the request of Senator Bartle, the above motion was withdrawn.

       HB 258, introduced by Representative Cunningham (86), entitled:

       An Act to repeal sections 162.695, 162.900, 162.995, 163.083, and 189.085, RSMo, and to enact in lieu thereof two new sections relating to school district census requirements.

       Was called from the Consent Calendar and taken up by Senator Nodler.

       On motion of Senator Nodler, HB 258 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

 

Alter

Barnitz

Bartle

Bray

 

Callahan

Cauthorn

Champion

Clemens

 

Coleman

Crowell

Days

Dougherty

 

Gibbons

Graham

Griesheimer

Gross

 

Kennedy

Klindt

Koster

Loudon

 

Mayer

Nodler

Purgason

Ridgeway

 

Shields

Stouffer

Taylor

Vogel

 

Wheeler

Wilson—30

 

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Dolan

Green

Scott—3

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—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.

       HB 33, introduced by Representative Phillips, entitled:

       An Act to amend chapter 10, RSMo, by adding thereto one new section relating to state emblems.

       Was called from the Consent Calendar and taken up by Senator Shields.

       On motion of Senator Shields, HB 33 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

Gibbons

Green

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Shields

Stouffer

Taylor

Vogel

 

Wheeler

Wilson—30

 

 

 

 

 

 

 

 

 

NAYS—Senator Graham—1

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Ridgeway

Scott—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

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 Gibbons moved that motion lay on the table, which motion prevailed.

       HB 455, introduced by Representative Quinn, et al, entitled:

       An Act to repeal section 278.240, RSMo, and to enact in lieu thereof one new section relating to watershed districts.

       Was called from the Consent Calendar and taken up by Senator Klindt.

       On motion of Senator Klindt, HB 455 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

 

Alter

Bartle

Bray

Callahan

 

Cauthorn

Champion

Clemens

Coleman

 

Crowell

Days

Dolan

Gibbons

 

Green

Griesheimer

Gross

Kennedy

 

Klindt

Koster

Loudon

Mayer

 

Nodler

Purgason

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—28

 

 

 

 

 

 

 

NAYS—Senator Barnitz—1

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Dougherty

Graham

Ridgeway

Scott—4

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President declared the bill passed.

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

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

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

       HCS for HB 563, entitled:

       An Act to repeal section 246.005, RSMo, and to enact in lieu thereof one new section relating to drainage and levee districts, with an emergency clause.

       Was called from the Consent Calendar and taken up by Senator Shields.

       On motion of Senator Shields, HCS for HB 563 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

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Shields

Stouffer

Taylor

Vogel

 

Wheeler

Wilson—30

 

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Klindt

Ridgeway

Scott—3

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—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

Days

Dolan

 

Dougherty

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Shields

Stouffer

Taylor

 

Vogel

 

Wheeler

Wilson—31

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Klindt

Scott—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       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 Gibbons moved that motion lay on the table, which motion prevailed.

       HCS for HB 513, entitled:

       An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the designation of a certain highway.

       Was called from the Consent Calendar and taken up by Senator Loudon.

       On motion of Senator Loudon, HCS for HB 513 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

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Shields

Stouffer

Taylor

 

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Klindt

Scott—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—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.

       HB 69, introduced by Representative Rupp, entitled:

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

       Was called from the Consent Calendar and taken up by Senator Loudon.

       On motion of Senator Loudon, HB 69 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

Graham

Green

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Stouffer

Taylor

Vogel

 

Wheeler

Wilson—30

 

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Gibbons

Scott

Shields—3

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—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 Nodler moved that motion lay on the table, which motion prevailed.

       HCS for HB 56, entitled:

       An Act to amend chapter 376, RSMo, by adding thereto one new section relating to multiple sclerosis.

       Was called from the Consent Calendar and taken up by Senator Dolan.

       On motion of Senator Dolan, HCS for HB 56 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

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Shields

Stouffer

Taylor

 

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

Klindt

Scott—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President declared the bill passed.

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

       An Act to repeal sections 302.060, 302.321, 302.541, 311.310, 568.050, 577.023, and 577.500, RSMo, and 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 nine new sections relating to alcohol related offenses, with penalty provisions.

       With House Amendment 1.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 37, 322, 78, 351, and 424, Section 302.060, Page 3, Line 35, by deleting the opening bracket “[” before the word “where” and by re-inserting said opening bracket after the word “where”; and

Further amend said Bill, Page 3, Section 302.309 by deleting said section; and

Further amend said Bill, Page 7, bracketed Section 302.309, by deleting said Section; and

Further amend said Bill, Page 12, Section 565.022 by deleting said Section; and

Further amend said Bill, Page 12, Section 565.022, Line 10 by inserting after said Line the following:

       “565.024. 1. A person commits the crime of involuntary manslaughter in the first degree if he:

       (1) Recklessly causes the death of another person; or

       (2) While in an intoxicated condition operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause the death of any person.

       2. Except as provided in subsections 3 and 4 of this section, involuntary manslaughter in the first degree is a class C felony.

       3. A person commits the crime of involuntary manslaughter in the first degree if he or she, while in an intoxicated condition operates a motor vehicle in this state, and, when so operating, acts with criminal negligence to:

       (1) Cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined by section 301.010, RSMo, or the highway's right-of-way; or

       (2) Cause the death of two or more persons; or

       (3) Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths by weight of alcohol in such person's blood.

       4. Involuntary manslaughter in the first degree under subdivisions (1), (2), or (3) of subsection 3 of this section is a class B felony. A second or subsequent violation of subdivision (3) 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.

       5. A person commits the crime of involuntary manslaughter in the second degree if he acts with criminal negligence to cause the death of any person.

       [4.] 6. Involuntary manslaughter in the second degree is a class D felony.”; and

Further amend said Bill, Page 12, Section 568.050, Line 17, by deleting the following: “565.022”; and

Further amend said Bill, Page 13, Section 568.050, Line 25 by inserting after said Line the following:

       “577.001. 1. As used in this chapter, the term "court" means any circuit, associate circuit, or municipal court, including traffic court, but not any juvenile court or drug court.

       2. As used in this chapter, the term "drive", "driving", "operates" or "operating" means physically driving or operating a motor vehicle.

       [2.] 3. As used in this chapter, a person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.

       [3.] 4. As used in this chapter, the term "law enforcement officer" or "arresting officer" includes the definition of law enforcement officer in subdivision (17) of section 556.061, RSMo, and military policemen conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state of Missouri.

       [4.] 5. As used in this chapter, "substance abuse traffic offender program" means a program certified by the division of alcohol and drug abuse of the department of mental health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as the result of an alcohol or drug related traffic offense. Successful completion of such a program includes participation in any education or rehabilitation program required to meet the needs identified in the assessment screening. The assignment recommendations based upon such assessment shall be subject to judicial review as provided in subsection 7 of section 577.041.”; and

Further amend said Bill, Page 13, Section 577.023, Lines 4 through 7, by deleting said Lines and by inserting in lieu thereof the following:

guilty to or has been found guilty of involuntary manslaughter under section 565.024, RSMo; murder in the second degree under section 565.021, RSMo, where the underlying felony is an intoxication-related offense; assault in the”; and

Further amend said Bill, Page 13, Section 577.023, Lines 15 and 16, by deleting said Lines and by inserting in lieu thereof the following: “separate occasions, involuntary manslaughter under section 565.024, RSMo,”; and

Further amend said Bill, Page 13, Section 577.023, Lines 21 and 22, by deleting said Lines and by inserting in lieu thereof the following: “manslaughter under section 565.024, RSMo, assault in the second degree under”; and

Further amend said Bill, Page 13, Section 577.023, Lines 27 through 31, by deleting said Lines and by inserting in lieu thereof the following:

“excessive blood alcohol content, involuntary manslaughter pursuant to [subdivision (2) of subsection 1 of] section 565.024, RSMo, murder in the second degree pursuant to section 565.021, RSMo, where the underlying felony is an intoxication-related offense, assault in the second degree pursuant to subdivision (4) of subsection 1 of section 565.060, RSMo, assault of a law”; and

Further amend said Bill, Page 14, Section 577.023, Line 41, by deleting said Line and by inserting in lieu thereof the following:

“manslaughter pursuant to [subsection 1 of] section 565.024, RSMo, assault in the second degree”; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

       In which the concurrence of the Senate is respectfully requested.

PRIVILEGED MOTIONS

       Senator Nodler moved that SS for SCS for SBs 37, 322, 78, 351 and 424, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

       HCS for SS for SCS for SBs 37, 322, 78, 351 and 424, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

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

       An Act to repeal sections 302.060, 302.321, 302.541, 311.310, 568.050, 577.023, and 577.500, RSMo, and 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 nine new sections relating to alcohol related offenses, with penalty provisions.

       Was taken up.

       Senator Nodler moved that HCS for SS for SCS for SBs 37, 322, 78, 351 and 424, as amended, be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

 

Alter

Barnitz

Bartle

Bray

 

Callahan

Cauthorn

Champion

Clemens

 

Coleman

Crowell

Days

Dolan

 

Dougherty

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Scott—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       On motion of Senator Nodler, HCS for SS for SCS for SBs 37, 322, 78, 351 and 424, 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

Days

Dolan

 

Dougherty

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Scott—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—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.

       Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

       Senator Shields moved that HB 596, with SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

       SA 1 was again taken up.

       At the request of Senator Shields, SA 1 was withdrawn.

       On motion of Senator Shields, HB 596 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

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Scott—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

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 Gibbons moved that motion lay on the table, which motion prevailed.

       President Pro Tem Gibbons assumed the Chair.

       HB 413, introduced by Representative Hubbard, et al, entitled:

       An Act to amend chapter 190, RSMo, by adding thereto one new section relating to a bioterrorism vaccination program for first responders deployed to disaster locations, with an emergency clause.

       Was called from the Consent Calendar and taken up by Senator Coleman.

       On motion of Senator Coleman, HB 413 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

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Scott—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President Pro Tem 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

Days

Dolan

 

Dougherty

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Scott—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

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

       Senator Coleman 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 HBs 462 and 463, entitled:

       An Act to repeal sections 537.037 and 630.140, RSMo, and to enact in lieu thereof four new sections relating to suicide prevention.

       Was called from the Consent Calendar and taken up by Senator Shields.

       On motion of Senator Shields, HCS for HBs 462 and 463 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

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Scott—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President Pro Tem 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 Nodler 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 passed SB 521.

       With House Committee Amendment 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 521, Page 1, Section A, Line 2 by deleting the number “26.018” and inserting in lieu thereof the number “26.607”; and

Further amend said bill, Page 2, Section 26.607, Line 20 by inserting after the word “governor” the words “or his or her designee”; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

       In which the concurrence of the Senate is respectfully requested.

PRIVILEGED MOTIONS

       Senator Crowell moved that SB 521, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

       HCA 1 was taken up.

       Senator Crowell moved that HCA 1 be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

 

Alter

Barnitz

Bartle

Bray

 

Callahan

Cauthorn

Champion

Clemens

 

Crowell

Days

Dolan

Dougherty

 

Gibbons

Graham

Green

Griesheimer

 

Gross

Kennedy

Klindt

Koster

 

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Shields

Stouffer

Taylor

 

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senators

 

 

 

 Coleman

Scott—2

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       On motion of Senator Crowell, SB 521, 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

Days

Dolan

 

Dougherty

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Scott—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President Pro Tem declared the bill passed.

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

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

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

       Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

       HB 681, introduced by Representative Chappelle-Nadal, entitled:

       An Act to repeal sections 660.620 and 660.625, RSMo, and to enact in lieu thereof two new sections relating to the office of advocacy and assistance for the elderly.

       Was called from the Consent Calendar and taken up by Senator Days.

       On motion of Senator Days, HB 681 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

Gibbons

Graham

Green

 

Griesheimer

Gross

Kennedy

Klindt

 

Koster

Loudon

Mayer

Nodler

 

Purgason

Ridgeway

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

 

 

Absent—Senator Scott—1

 

 

 

 

 

 

 

 

 

Absent with leave—Senator Engler—1

 

 

 

 

 

 

 

 

 

Vacancies—None

 

 

 

 

       The President Pro Tem declared the bill passed.

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

       Senator Days 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 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 SB 431.

       Emergency clause adopted.

       Bill ordered enrolled.

       Also,

       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 HCS for SS for SCS for SB 210, as amended, and has taken up and passed CCS for HCS for SS for SCS for SB 210.

       Bill ordered enrolled.

       Also,

       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 HCS for SCS No. 2 for SB 155, as amended, and has taken up and passed CCS for HCS for SCS No. 2 for SB 155.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted Conference Committee Report No. 2 on HCS for SCS for SB 233, as amended, and has taken up and passed CCS No. 2 for HCS for SCS for SB 233.

       Bill ordered enrolled.

       Also,

       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 HCS for SCS for SB 500, as amended, and has taken up and passed CCS for HCS for SCS for SB 500.

       Emergency clause defeated.

       Bill ordered enrolled.

       Also,

       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 HCS for SCS for SBs 420 and 344, as amended, and has taken up and passed CCS for HCS for SCS for SBs 420 and 344.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS No. 2 for HB 232 and has taken up and passed SCS for HCS No. 2 for HB 232.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 229 and has taken up and passed SCS for HB 229.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 443 and has taken up and passed SCS for HCS for HB 443.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS, as amended, for HB 116 and has taken up and passed SS for HB 116, as amended.

       Emergency clause adopted.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to HCS for HB 824 and has taken up and passed HCS for HB 824, as amended.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HCS for HB 500 and 533 and has taken up and passed SS for SCS for HCS for HB 500 and 533.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 and SA 2 and has taken up and passed HCS for HB 388, as amended.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HB 617 and has taken up and passed SS for SCS for HB 617.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS and has taken up and passed SCS for HB 688.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS No. 2, as amended, and has taken up and passed SS No. 2 for SCS for HCS for HB 972, as amended.

       Emergency clause adopted.

       Also,

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

       Emergency clause adopted.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 274.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SS for SCS for SB 346.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 15.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SS for SCR 7.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCS for SCR 6.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 480.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 518.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 122.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 288.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 396.

       Bill ordered enrolled.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 17.

       Also,

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 19.

MESSAGES FROM THE GOVERNOR

       The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

May 13, 2005

TO THE SECRETARY OF THE SENATE

93RD GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you House Committee Substitute for Senate Bill No. 189 entitled:

AN ACT

To repeal sections 198.439, 208.480, and 338.550, RSMo, and to enact in lieu thereof ten new sections relating to the health care provider tax, with an emergency clause.

On May 13, 2005, I approved said House Committee Substitute for Senate Bill No. 189.Respectfully submitted,

MATT BLUNT

Governor

       Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

May 13, 2005

TO THE SECRETARY OF THE SENATE

93RD GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you House Committee Substitute for Senate Committee Substitute for Senate Bill No. 270 entitled:

AN ACT

To repeal sections 30.247, 30.250, 30.260, 30.270, 30.750, 30.753, 30.756, 30.758, 30.760, 30.765, 30.767, 30.830, and 30.840, RSMo, and to enact in lieu thereof fifteen new sections relating to the state treasurer, with penalty provisions and an emergency clause.

On May 13, 2005, I approved said House Committee Substitute for Senate Committee Substitute for Senate Bill No. 270.

Respectfully submitted,

MATT BLUNT

Governor


RESOLUTIONS

       Senator Shields offered Senate Resolution No. 1514, regarding Lindsey Williams, St. Joseph, which was adopted.

       Senator Scott offered Senate Resolution No. 1515, regarding Ron Wilken, Preston, which was adopted.

       Senator Klindt offered Senate Resolution No. 1516, regarding Rock Port Telephone Company, Rock Port, which was adopted.

       Senator Klindt offered Senate Resolution No. 1517, regarding the village of Allendale, which was adopted.

       Senator Klindt offered Senate Resolution No. 1518, regarding the Hamilton Sesquicentennial celebration, which was adopted.

       Senator Gross offered Senate Resolution No. 1519, regarding Diana L. Dalton, Saint Charles, which was adopted.

       Senator Gross offered Senate Resolution No. 1520, regarding Lanny C. Hradek, Saint Charles, which was adopted.

       Senator Nodler offered Senate Resolution No. 1521, regarding Keith Fiscus, Joplin, which was adopted.

       Senator Mayer offered Senate Resolution No. 1522, regarding Adam Kingree, Bloomfield, which was adopted.

       Senator Griesheimer offered Senate Resolution No. 1523, regarding the 2004 Saint Francis Borgia High School Volleyball Program, which was adopted.

INTRODUCTIONS OF GUESTS

       Senator Graham introduced to the Senate, Hamilton Price Phillips, Columbia; and Hamilton was made an honorary page.

       On motion of Senator Shields, the Senate adjourned until 10:00 a.m., Friday, May 20, 2005.