Missouri Senate Journals Compilation 2008

2008·4.2 MB·English

by  Missouri General Assembly, Senate

Pages Journal Pages Journal Pages Journal
1-66 Day 01 - 01/09/08 67-77 Day 02 - 01/10/08 78-84 Day 03 - 01/14/08
85-101 Day 04 - 01/15/08 102-107 Day 05 - 01/16/08 108-113 Day 06 - 01/17/08
114-124 Day 07 - 01/22/08 125-127 Day 08 - 01/23/08 128-134 Day 09 - 01/24/08
135-143 Day 10 - 01/28/08 144-149 Day 11 - 01/29/08 150-154 Day 12 - 01/30/08
155-161 Day 13 - 01/31/08 162-172 Day 14 - 02/04/08 173-184 Day 15 - 02/05/08
185-195 Day 16 - 02/06/08 196-207 Day 17 - 02/07/08 208-214 Day 18 - 02/11/08
215-230 Day 19 - 02/12/08 231-238 Day 20 - 02/13/08 239-252 Day 21 - 02/14/08
253-265 Day 22 - 02/18/08 266-280 Day 23 - 02/19/08 281-321 Day 24 - 02/20/08
322-346 Day 25 - 02/21/08 347-358 Day 26 - 02/25/08 359-369 Day 27 - 02/26/08
370-384 Day 28 - 02/27/08 385-418 Day 29 - 02/28/08 419-427 Day 30 - 03/03/08
428-444 Day 31 - 03/04/08 445-459 Day 32 - 03/05/08 460-479 Day 33 - 03/06/08
480-495 Day 34 - 03/10/08 496-516 Day 35 - 03/11/08 517-541 Day 36 - 03/12/08
542-555 Day 37 - 03/13/08 556-559 Day 38 - 03/20/08 560-580 Day 39 - 03/25/08
581-604 Day 40 - 03/26/08 605-621 Day 41 - 03/27/08 622-645 Day 42 - 03/31/08
646-670 Day 43 - 04/01/08 671-711 Day 44 - 04/02/08 712-736 Day 45 - 04/03/08
737-745 Day 46 - 04/07/08 746-758 Day 47 - 04/08/08 759-771 Day 48 - 04/09/08
772-786 Day 49 - 04/10/08 787-798 Day 50 - 04/14/08 799-818 Day 51 - 04/15/08
819-838 Day 52 - 04/16/08 839-866 Day 53 - 04/17/08 867-889 Day 54 - 04/21/08
890-912 Day 55 - 04/22/08 913-937 Day 56 - 04/23/08 938-951 Day 57 - 04/24/08
952-977 Day 58 - 04/28/08 978-1017 Day 59 - 04/29/08 1018-1037 Day 60 - 04/30/08
1038-1091 Day 61 - 05/01/08 1092-1107 Day 62 - 05/05/08 1108-1151 Day 63 - 05/06/08
1152-1174 Day 64 - 05/07/08 1175-1201 Day 65 - 05/08/08 1202-1234 Day 66 - 05/12/08
1235-1398 Day 67 - 05/13/08 1399-1439 Day 68 - 05/14/08 1440-1622 Day 69 - 05/15/08
1623-1733 Day 70 - 05/16/08 1734-1735 Day 71 - 05/21/08 1736-1741 Day 72 - 05/29/08
Veto Session
1-8 Day 01 - 09/10/08
JOURNAL OF THE SENATE
NINETY-FOURTH GENERAL ASSEMBLY
OF THE
STATE OF MISSOURI
SECOND REGULAR SESSION
FIRST DAY—WEDNESDAY, JANUARY 9, 2008
The Senate was called to order at 12:00 noon by Lieutenant Governor Peter Kinder.
The Reverend Carl Gauck offered the following prayer:
“Keep praying, but be thankful that God’s answers are wiser than your prayers!” (William Culbertson)
Gracious God, as we begin again in a new year let us continue communicating with You and willingly listening for Your wise answers
that can guide us effectively this year. Help us be mindful always that it is Your Word that calls us to serve others even when differences arise
among us. Help us make good use of our collective wisdom and seek to understand each other better.
And Lord we remember the departing of Your saints, especially Mary Frances Hunter Kinder whom we commit to Your keeping and pray
for our Lt. Governor and his family during this time of grief that You will comfort them and abide with them and give them Your peace. In
Your Holy Name we pray. Amen.
The Pledge of Allegiance to the Flag was recited.
Senator Shields announced that photographers from the Associated Press, KQTV, KOMU-TV and
KMIZ-TV had been given permission to take pictures in the Senate Chamber and the Senate photographer
had been given permission to take video and use flash in the Senate Chamber and the Senate Gallery today.
MESSAGES FROM THE
SECRETARY OF STATE
The President laid before the Senate the following communications from the Secretary of State, which
were read:
TO THE SECRETARY OF THE SENATE
Ms. Terry Spieler
Jefferson City, MO
Madam:
I, Robin Carnahan, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 23rd Senatorial District
in the State of Missouri, on the 4th day of September, 2007, as provided by law, the following named person was elected to the office of State
Senator, 23rd Senatorial District as shown by the election results certified to this office by the election authority of the 23rd Senatorial District.
Name Office
Tom Dempsey State Senate
3103 Buckskin Path 23rd Senatorial District
St. Charles, MO 63301
1
2 Journal of the Senate
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office this 18th day of
September, 2007.
(Seal)
/s/ Robin Carnahan
Secretary of State
Also,
To the Honorable Senate of the 94th General Assembly, Second Regular Session, of the State of Missouri:
In compliance with Section 115.525, Revised Statutes of Missouri, I have the honor to lay before you herewith a list of the names
of the members of the Senate for the 94th General Assembly (Second Regular Session) of the State of Missouri, elected at the November
2, 2004 General Election, at the Special Election held on November 8, 2005, the November 7, 2006 General Election, and the Special
Election held on September 4, 2007.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix the official seal of my office this 9th day of January, 2008.
/s/ Robin Carnahan
(Seal) SECRETARY OF STATE
MISSOURI STATE SENATORS
Elected November 2, 2004
District Name
1st Harry Kennedy
3rd Kevin Engler
5th Maida Coleman
7th John Loudon
9th Yvonne S. Wilson
11th Victor Callahan
13th Timothy P. Green
15th Michael R. Gibbons
17th Luann Ridgeway
19th Chuck Graham
21st Bill Stouffer
23rd Tom Dempsey***
25th Robert (Rob) Mayer
27th Jason G. Crowell
29th Jack Goodman****
31st Chris Koster
33rd Chuck Purgason
***Elected at Special Election held September 4, 2007 to fill vacancy created by the resignation of Chuck Gross.
****Elected at Special Election held November 8, 2005 to fill vacancy created by the death of Larry Gene Taylor.
MISSOURI STATE SENATORS
Elected November 7, 2006
District Name
2nd Scott T. Rupp
4th Jeff Smith
6th Carl M. Vogel
First Day—Wednesday, January 9, 2008 3
8th Matt Bartle
10th Jolie L. Justus
12th Brad Lager
14th Rita H. Days
16th Frank Barnitz
18th Wes Shoemyer
20th Dan Clemens
22nd Ryan McKenna
24th Joan Bray
26th John Griesheimer
28th Delbert Scott
30th Norma Champion
32nd Gary Nodler
34th Charlie Shields
On roll call the following Senators were present:
Present—Senators
Barnitz Bartle Bray Callahan Champion Clemens Coleman Crowell
Days Dempsey Engler Gibbons Goodman Graham Green Griesheimer
Justus Kennedy Koster Lager Loudon Mayer McKenna Nodler
Purgason Ridgeway Rupp Scott Shields Shoemyer Smith Stouffer
Vogel Wilson—34
Absent—Senators—None
Absent with leave—Senators—None
Vacancies—None
The Lieutenant Governor was present.
The President declared the Second Regular Session of the 94th General Assembly convened.
RESOLUTIONS
Senator Shields offered the following resolution, which was read and adopted:
SENATE RESOLUTION NO. 1470
BE IT RESOLVED, by the Senate of the Ninety-fourth General Assembly of Missouri, Second Regular Session, that the rules adopted
by the Ninety-fourth General Assembly of the State of Missouri, First Regular Session, as amended, insofar as they are applicable, be adopted
as the rules for the control of the deliberations of the Senate of the Ninety-fourth General Assembly, Second Regular Session.
Senator Shields offered the following resolution, which was read and adopted:
SENATE RESOLUTION NO. 1471
BE IT RESOLVED, by the Senate, that the Secretary of the Senate inform the House of Representatives that the Senate of the Second
Regular Session of the Ninety-fourth General Assembly is duly convened and is now in session and ready for consideration of business.
4 Journal of the Senate
President Pro Tem Gibbons assumed the dais and delivered the following address:
Opening Address
Senator Michael R. Gibbons, President Pro Tem
Second Regular Session, 94th General Assembly
January 9, 2008
Lt. Governor Kinder, members of the Missouri Senate, our families, friends, and people of Missouri:
We are honored by your presence Lt. Governor, so soon after the loss of your mother, and on behalf of the entire Senate family, we extend
our deepest sympathies.
We are gathered again in this magnificent chamber to start another session of work for the people of Missouri. This is an important year
and we have much to do. Yes, it is an election year. Nationally, it is the first presidential campaign in 56 years that does not include an
incumbent president or vice president, and it appears to be wide open on both sides. In Missouri, five out of the six statewide offices are on
the ballot, as well as half of our chamber and the entire House. Some of our members are running for reelection, some others are seeking new
offices, and four of us are term-limited.
But there is something more important facing us in the first four and a half months of 2008 - that is doing the work of the Legislature
to make the lives of the people we serve better. Political pundits say nothing much will happen here this year. We owe it to the people of
Missouri to prove them wrong.
It is fitting that we begin in January, because this is the time of year that exudes hope and optimism. The New Year is here, and all things
are possible. We meet people every day who come here as advocates, regardless of past disappointments, who believe this is the year their issue
will succeed. We owe it to the people who care so much that they travel here to share their ideas to listen to them and take action where we
can.
Were we elected simply to engage in political posturing? To test the wind or react to the latest poll? Or, are we here to give voice to the
hopes and dreams of the people and look for those opportunities to make life better for the people we represent?
The answer, of course, is up to us.
We owe the people being taxed out of their homes our best effort to protect them from tax increases caused by reassessment.
We owe the lawful residents of Missouri our best effort to protect their safety, jobs and benefits, rather than reward illegal immigrants
with jobs and public support at the taxpayers’ expense.
We owe the people our best effort to help them find and afford health insurance through a marketplace that puts them in the driver's seat
when it comes to healthcare decisions for their families.
These are some of the concerns that people bring up to me from all around our state. It’s not a game to the people at home; they expect
us to fix these problems. So, I ask you: Are we here to craft a political ad, or are we here to make life better for Missourians?
We must give our best effort. The people deserve it.
As we sit in this chamber, sometimes it is easy to overlook the messages that surround us. So let's consider the stained glass and paintings
our forebearers put here some 80 years ago to speak to us every day.
On your right, there's Daniel Boone at the Judgment Tree in St. Charles County considering justice for a man accused of stealing; then
Jefferson greeting Lewis and Clark on the porch of the White House upon their return from their Great Expedition to the West. To your left
is our first United States Senator, Thomas Hart Benton, giving a speech in St. Louis in 1849 in support of Westward Expansion; and next to
that is Frank Blair, who was running for the U.S. Senate giving a speech at Louisiana, Missouri, after he had been threatened that he would
be killed if he showed up to speak because of his support for the repeal of the loyalty oath required after the Civil War. Above me is Hernando
DeSoto who landed in the Spanish Region of Florida and led his men up the Mississippi River looking for riches.
In the seven years I've had the privilege of working in this chamber, I've thought a lot about these historic figures and what they have
in common. What I believe they have in common is they were all, in their own way, courageous explorers enduring hardships through the
unknown in pursuit of their vision for a better future.
These works of art are here to challenge us every day as we work through the unknowns of our time. They challenge us to be courageous,
confront the unknown and act to secure a better future for all the people of Missouri.
On May 17th, we can take our cases to the people and let them judge how we have done. But from now until May 16th, I challenge all
of us to work hard together to better the lives of the people of Missouri.
President Kinder assumed the Chair.
In accordance with Section 9.141, RSMo, the Bill of Rights was read.
First Day—Wednesday, January 9, 2008 5
RESOLUTIONS
Senators Gibbons and Coleman offered the following resolution:
SENATE RESOLUTION NO. 1472
NOTICE OF PROPOSED RULE CHANGE
Notice is hereby given by the Senator from the 15th District of the one day notice required by rule of intent to put a motion
to adopt the following rule change:
BE IT RESOLVED by the Senate of the Ninety-fourth General Assembly, Second Regular Session, that Senate Rule 25 be amended to
read as follows:
"Rule 25. The president pro tem of the senate shall appoint the following standing committees:
1. Committee on Administration, 5 members.
2. Committee on Agriculture, Conservation, Parks and Natural Resources, [8] 9 members.
3. Committee on Appropriations, 10 members.
4. Committee on Commerce, Energy and the Environment, [9] 10 members.
5. Committee on Economic Development, Tourism and Local Government, [10] 11 members.
6. Committee on Education, [10] 11 members.
7. Committee on Financial and Governmental Organizations and Elections, [8] 9 members.
8. Committee on Governmental Accountability and Fiscal Oversight, 8 members.
9. Committee on Gubernatorial Appointments, 9 members.
10. Committee on Health and Mental Health, 5 members.
11. Committee on the Judiciary and Civil and Criminal Jurisprudence, 8 members.
12. Committee on Pensions, Veterans’ Affairs and General Laws, 8 members.
13. Committee on Rules, Joint Rules, Resolutions and Ethics, 7 members.
14. Committee on Seniors, Families and Public Health, [8] 9 members.
15. Committee on Small Business, Insurance and Industrial Relations, [9] 8 members.
16. Committee on Transportation, 10 members.
17. Committee on Ways and Means, 8 members.
All committees shall have leave to report at any time. The chairman of any standing committee may appoint one or more subcommittees,
with the approval of the committee, to hold hearings on bills referred to the committee and shall report its findings to the standing committee.".
Senator Green offered Senate Resolution No. 1473, regarding David J. Gagan, which was adopted.
Senator Green offered Senate Resolution No. 1474, regarding Michael R. Mahler, which was adopted.
On motion of Senator Shields, the Senate recessed until 4:00 p.m.
RECESS
The time of recess having expired, the Senate was called to order by Senator Lager.
FIRST READING OF PRE-FILED SENATE BILLS
As provided in Chapter 21, RSMo 2000, Sections 21.600, 21.605, 21.615 and 21.620, the following
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pre-filed Bills and/or Joint Resolutions were introduced and read for the first time:
SB 711–By Gibbons, Kennedy, Loudon, Nodler, Dempsey, Champion, Griesheimer, Bartle, Clemens
and Engler.
An Act to repeal sections 135.025, 135.030, 137.073, 137.180, 137.245, 137.335, 137.355, 137.490,
137.720, 138.090, 138.395, 138.430, and 139.031, RSMo, and to enact in lieu thereof thirteen new sections
relating to property taxation.
SB 712–By Gibbons.
An Act to amend chapter 407, RSMo, by adding thereto four new sections relating to merchandising
practices.
SB 713–By Gibbons.
An Act to repeal section 105.711, RSMo, and to enact in lieu thereof two new sections relating to civil
immunity for department of elementary and secondary education employees, school district employees, and
school districts.
SB 714–By Loudon.
An Act to repeal sections 573.025, 573.035, and 573.037, RSMo, and to enact in lieu thereof four new
sections relating to child pornography, with penalty provisions and an emergency clause.
SB 715–By Loudon.
An Act to amend chapter 163, RSMo, by adding thereto one new section relating to education.
SB 716–By Loudon, Crowell and Nodler.
An Act to amend chapter 1, RSMo, by adding thereto one new section relating to the official dating
standard.
SB 717–By Kennedy and Shields.
An Act to repeal sections 135.535 and 135.562, RSMo, and to enact in lieu thereof two new sections
relating to tax relief for persons assisting disabled citizens.
SB 718–By Kennedy.
An Act to repeal section 620.1881, RSMo, and to enact in lieu thereof one new section relating to job
retention projects authorized under the Missouri Quality Jobs Act.
SB 719–By Kennedy.
An Act to repeal section 170.132, RSMo, and to enact in lieu thereof one new section relating to
obtaining print instructional material in specialized formats.
SB 720–By Coleman.
An Act to repeal section 660.122, RSMo, and to enact in lieu thereof two new sections relating to hot
weather maintenance of utility service.
SB 721–By Coleman.
An Act to amend chapter 393, RSMo, by adding thereto one new section relating to the cold weather
rule.
First Day—Wednesday, January 9, 2008 7
SB 722–By Coleman.
An Act to repeal section 142.815, RSMo, and to enact in lieu thereof one new section relating to a tax
exemption for motor fuel used for school buses.
SB 723–By Scott.
An Act to repeal sections 43.060 and 590.030, RSMo, and to enact in lieu thereof two new sections
relating to educational requirements for certain law enforcement personnel.
SB 724–By Scott and Shoemyer.
An Act to repeal sections 195.070, 195.100, 334.104, and 335.016, RSMo, and to enact in lieu thereof
five new sections relating to nurses.
SB 725–By Scott.
An Act to repeal sections 144.025 and 144.027, RSMo, and to enact in lieu thereof two new sections
relating to sales tax for trade-in or exchange transactions.
SB 726–By Shields.
An Act to amend chapter 210, RSMo, by adding thereto one new section relating to a quality rating
system for child care facilities.
SB 727–By Shields.
An Act to amend chapter 443, RSMo, by adding thereto one new section relating to residential
mortgage fraud, with penalty provisions.
SB 728–By Shields.
An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment
of the Deputy Charles M. Cook Memorial Highway.
SB 729–By Griesheimer.
An Act to amend chapter 64, RSMo, by adding thereto fifteen new sections relating to the Missouri
county planning act, with penalty provisions.
SB 730–By Griesheimer.
An Act to repeal section 163.031, RSMo, and to enact in lieu thereof two new sections relating to the
establishment of a county municipal court in certain counties.
SB 731–By Griesheimer.
An Act to repeal sections 307.355 and 643.345, RSMo, and to enact in lieu thereof three new sections
relating to the motor vehicle registration process.
SB 732–By Champion, Goodman and Mayer.
An Act to repeal sections 195.010, 195.017, and 195.417, RSMo, and to enact in lieu thereof eleven
new sections relating to monitoring of drugs, with penalty provisions and an effective date.
SB 733–By Champion.
An Act to repeal section 650.100, RSMo, and to enact in lieu thereof two new sections relating to crime
8 Journal of the Senate
laboratories.
SB 734–By Champion.
An Act to repeal section 478.513, RSMo, and to enact in lieu thereof one new section relating to the
thirty-first judicial circuit.
SB 735–By Bartle.
An Act to amend chapter 135, RSMo, by adding thereto one new section relating to the mandatory
review of certain tax credit programs.
SB 736–By Bartle.
An Act to amend chapter 167, RSMo, by adding thereto one new section relating to drug testing for
high school students participating in athletics.
SB 737–By Bartle.
An Act to amend chapter 573, RSMo, by adding thereto one new section relating to sexually oriented
businesses, with penalty provisions.
SB 738–By Nodler.
An Act to repeal sections 640.710, 643.151, and 644.076, RSMo, and to enact in lieu thereof three new
sections relating to concentrated animal feeding operations, with penalty provisions.
SB 739–By Nodler.
An Act to repeal sections 23.080, 23.140, 23.150, 23.153, 23.160, 23.170, 23.180, 23.190, 23.200, and
33.810, RSMo, and to enact in lieu thereof nine new sections relating to the general assembly, with an
effective date for a certain section.
SB 740–By Nodler.
An Act to repeal section 64.907, RSMo, and to enact in lieu thereof one new section relating to local
storm water control.
SB 741–By Bray and Days.
An Act to repeal sections 103.003, 103.005, and 103.036, RSMo, and to enact in lieu thereof three new
sections relating to the inclusion of small employers in the state health care plan.
SB 742–By Bray and Days.
An Act to repeal sections 290.400, 290.410, 290.440, and 290.450, RSMo, and to enact in lieu thereof
five new sections relating to equal employment practices.
SB 743–By Bray.
An Act to repeal sections 143.091, 143.121, 143.225, 143.261, 143.431, 143.451, 143.461, 143.471,
144.010, 144.030, and 144.190, RSMo, and to enact in lieu thereof nine new sections relating to taxation,
with an effective date.
SB 744–By Days.
An Act to repeal sections 408.500, 408.505, and 408.506, RSMo, and to enact in lieu thereof three new
sections relating to unsecured loans of five hundred dollars or less, with penalty provisions.
First Day—Wednesday, January 9, 2008 9
SB 745–By Days.
An Act to repeal sections 475.010, 475.045, and 475.105, RSMo, and to enact in lieu thereof four new
sections relating to guardianship of minors and incapacitated adults.
SB 746–By Days.
An Act to amend chapter 376, RSMo, by adding thereto one new section relating to insurance coverage
for morbid obesity.
SB 747–By Ridgeway.
An Act to repeal sections 160.545, 311.310, 311.325, 577.021, 577.500, and 578.255, RSMo, and to
enact in lieu thereof six new sections relating to abuse of alcohol, with penalty provisions.
SB 748–By Ridgeway.
An Act to repeal section 143.121, RSMo, and to enact in lieu thereof one new section relating to the
calculation of adjusted gross income for income tax purposes.
SB 749–By Ridgeway.
An Act to repeal section 144.030, RSMo, and to enact in lieu thereof five new sections relating to tax
incentives for certain energy uses.
SB 750–By Crowell, Nodler, Rupp, Engler, Dempsey and Bartle.
An Act to amend chapter 302, RSMo, by adding thereto one new section relating to prohibiting the
issuance of driver’s licenses to illegal aliens.
SB 751–By Crowell.
An Act to amend chapter 208, RSMo, by adding thereto one new section relating to public benefits for
aliens.
SB 752–By Crowell.
An Act to repeal section 8.255, RSMo, and to enact in lieu thereof one new section relating to job order
contracts.
SB 753–By Mayer.
An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the Corporal
Rickey L. Bell memorial highway.
SB 754–By Mayer and Loudon.
An Act to repeal sections 650.055 and 650.056, RSMo, and to enact in lieu thereof two new sections
relating to the DNA profiling system, with penalty provisions.
SB 755–By Mayer.
An Act to repeal sections 198.087 and 198.527, RSMo, and to enact in lieu thereof one new section
relating to regulation of inspectors or surveyors of long-term care facilities.
SB 756–By Engler.
An Act to repeal sections 630.003, 630.635, 633.005, 633.010, 633.029, 633.180, 633.185, and
633.190, RSMo, and to enact in lieu thereof eight new sections relating to the term “mental retardation” as
used by the division of mental retardation and developmental disabilities.