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Journal of the Senate Journal of the Senate FIRST REGULAR SESSION SIXTY-EIGHTH DAY—WEDNESDAY, MAY 9, 2007 The Senate met pursuant to adjournment. Loudon Mayer McKenna Nodler Purgason Ridgeway Rupp Scott Senator Gross in the Chair. Shields Shoemyer Smith Stouffer Reverend Carl Gauck offered the following Vogel Wilson—34 prayer: Absent—Senators—None “A person often feels a need for solitude, which for him is a vital necessity. The fact that he feels this vital necessity...is sign that he has a deeper nature.” (Soren Kierkegaard) Absent with leave—Senators—None Help us O Lord, to be a contemplative people who seeks You in the depth of silence, to gain that deepening knowledge of You Vacancies—None and ourselves so that what we are about during these long hours may truly reflect that wisdom that comes from those moments of silence. And in so doing let us so grow closer to living the life You Senator Shields announced that photographers would have us follow. In Your Holy Name we pray. Amen. from the Missouri Lawyers Weekly were given The Pledge of Allegiance to the Flag was permission to take pictures in the Senate Chamber recited. today. A quorum being established, the Senate RESOLUTIONS proceeded with its business. Senator Purgason offered Senate Resolution The Journal of the previous day was read and No. 1252, regarding Kevin Michael Montgomery, approved. Camdenton, which was adopted. The following Senators were present during the Senator Purgason offered Senate Resolution day’s proceedings: No. 1253, regarding Jacob Ryan Eshenroder, Camdenton, which was adopted. Present—Senators Barnitz Bartle Bray Callahan Senator Purgason offered Senate Resolution Champion Clemens Coleman Crowell No. 1254, regarding Sean Edward Tatham, Days Engler Gibbons Goodman Lebanon, which was adopted. Graham Green Griesheimer Gross Justus Kennedy Koster Lager Senator Lager offered Senate Resolution 1428 1429 Sixty-Eighth Day—Wednesday, May 9, 2007 No. 1255, regarding Brian Bowness, Cameron, Champion Clemens Coleman Crowell which was adopted. Days Engler Gibbons Goodman Green Griesheimer Gross Justus Senator Lager offered Senate Resolution Kennedy Koster Lager Loudon No. 1256, regarding Tim Noellsch, Cameron, Mayer McKenna Nodler Purgason which was adopted. Ridgeway Scott Shields Shoemyer Senator Lager offered Senate Resolution Smith Stouffer Vogel Wilson—32 No. 1257, regarding Aaron Plummer, Cameron, which was adopted. NAYS—Senators—None Senator Shoemyer offered Senate Resolution Absent—Senator Graham—1 No. 1258, regarding Brittany Roebke, Plainfield, Illinois, which was adopted. Absent with leave—Senator Rupp—1 REPORTS OF STANDING COMMITTEES Vacancies—None Senator Goodman, Chairman of the Committee on Governmental Accountability and The President declared the bill passed. Fiscal Oversight, submitted the following reports: On motion of Senator Shields, title to the bill Mr. President: Your Committee on was agreed to. Governmental Accountability and Fiscal Senator Shields moved that the vote by which Oversight, to which were referred HCS for the bill passed be reconsidered. HB 159, with SCS; HCS for HB 98; HCS for HB 948; and HCS for HB 827, with SCS, begs Senator Gibbons moved that motion lay on the leave to report that it has considered the same and table, which motion prevailed. recommends that the bills do pass. HCS for HB 98 was placed on the Informal HOUSE BILLS ON THIRD READING Calendar. HB 527 was placed on the Informal Calendar. HB 482 was placed on the Informal Calendar. HCS for HB 329, with SCS, was placed on HCS for HB 583, with SCS, was placed on the Informal Calendar. the Informal Calendar. HCS for HB 827, with SCS, was placed on HCS for HB 431, with SCS, was placed on the Informal Calendar. the Informal Calendar. HCS for HB 948, entitled: HB 42, with SCS, was placed on the Informal An Act to repeal sections 191.300, 191.317, Calendar. and 191.331, RSMo, and to enact in lieu thereof three new sections relating to genetic and HCS for HB 159, with SCS, entitled: metabolic disease programs. An Act to repeal sections 236.400, 236.410, Was taken up by Senator Shields. 236.415, 236.420, 236.425, 236.435, 236.440, 236.445, 236.460, 236.465, and 236.500, RSMo, On motion of Senator Shields, HCS for and to enact in lieu thereof eleven new sections HB 948 was read the 3rd time and passed by the relating to dam and reservoir safety, with penalty following vote: provisions. YEAS—Senators Was taken up by Senator Engler. Barnitz Bartle Bray Callahan Journal of the Senate 1430 SCS for HCS for HB 159, entitled: from the House on SCS for HB 1 moved that the SENATE COMMITTEE SUBSTITUTE FOR following conference committee report be taken HOUSE COMMITTEE SUBSTITUTE FOR up, which motion prevailed. HOUSE BILL NO. 159 CONFERENCE COMMITTEE REPORT ON An Act to repeal sections 236.400, 236.410, SENATE COMMITTEE SUBSTITUTE FOR 236.415, 236.420, 236.425, 236.435, 236.440, HOUSE BILL NO. 1 236.445, 236.460, 236.465, and 236.500, RSMo, and The Conference Committee appointed on Senate to enact in lieu thereof eleven new sections relating to Committee Substitute for House Bill No. 1, begs dam and reservoir safety, with penalty provisions. leave to report that we, after free and fair Was taken up. discussion of the differences, have agreed to recommend and do recommend to the respective Senator Koster assumed the Chair. bodies as follows: Senator Engler moved that SCS for HCS for 1. That the Senate recede from its position on HB 159 be adopted. Senate Committee Substitute for House Bill At the request of Senator Engler, HCS for No. 1. HB 159, with SCS (pending), was placed on the 2. That the attached Conference Committee Informal Calendar. Substitute for Senate Committee Substitute MESSAGES FROM THE HOUSE For House Bill No. 1, be truly agreed to and The following messages were received from the finally passed. House of Representatives through its Chief Clerk: FOR THE SENATE: FOR THE HOUSE: Mr. President: I am instructed by the House of /s/ Charles R. Gross /s/ Allen Icet Representatives to inform the Senate that the House has taken up and passed HB 758, entitled: /s/ Gary Nodler /s/ Ed Robb An Act to amend chapter 135, RSMo, by adding /s/ Robert N. Mayer /s/ Bryan P. Stevenson thereto one new section relating to a tax credit for /s/ Joan Bray /s/ Paul LeVota employers who hire high school students for summer /s/ Timothy P. Green /s/ Margaret Donnelly jobs. In which the concurrence of the Senate is Senator Gross moved that the above respectfully requested. conference committee report be adopted, which motion prevailed by the following vote: Read 1st time. Also, YEAS—Senators Barnitz Bartle Bray Callahan Mr. President: I am instructed by the House of Champion Clemens Crowell Days Representatives to inform the Senate that the House Engler Gibbons Goodman Graham has taken up and adopted the Conference Committee Green Griesheimer Gross Justus Report on SCS for HB 1 and has taken up and passed Kennedy Koster Lager Loudon CCS for SCS for HB 1. Mayer McKenna Nodler Purgason CONFERENCE COMMITTEE REPORTS Ridgeway Scott Shields Shoemyer Smith Stouffer Vogel Wilson—32 Senator Gross, on behalf of the conference committee appointed to act with a like committee NAYS—Senators—None 1431 Sixty-Eighth Day—Wednesday, May 9, 2007 Absent—Senators—None Vacancies—None The President declared the bill passed. Absent with leave—Senators Coleman Rupp—2 On motion of Senator Gross, title to the bill was agreed to. Vacancies—None Senator Gross moved that the vote by which On motion of Senator Gross, CCS for SCS for the bill passed be reconsidered. HB 1, entitled: Senator Shields moved that motion lay on the table, which motion prevailed. CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILLS ON THIRD READING HOUSE BILL NO. 1 Senator Engler moved that HCS for HB 159, An Act to appropriate money to the Board of with SCS (pending), be called from the Informal Fund Commissioners for the cost of issuing and Calendar and again taken up for 3rd reading and processing State Water Pollution Control Bonds, final passage, which motion prevailed. Stormwater Control Bonds, Third State Building SCS for HCS for HB 159 was again taken up. Bonds, and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Senator Engler moved that SCS for HCS for Control Bond and Interest Fund, Stormwater Control HB 159 be adopted, which motion prevailed. Bond and Interest Fund, Third State Building Bond On motion of Senator Engler, SCS for HCS Interest and Sinking Fund, Fourth State Building for HB 159 was read the 3rd time and passed by Bond and Interest Fund, Water Pollution Control the following vote: Fund, and Stormwater Control Fund, and to transfer money among certain funds for the period beginning YEAS—Senators July 1, 2007 and ending June 30, 2008. Bartle Bray Callahan Champion Clemens Crowell Days Engler Was read the 3rd time and passed by the Gibbons Goodman Graham Green following vote: Griesheimer Gross Justus Kennedy Koster Lager Loudon Mayer YEAS—Senators McKenna Nodler Ridgeway Scott Barnitz Bartle Bray Callahan Shields Shoemyer Smith Stouffer Champion Clemens Crowell Days Vogel Wilson—30 Engler Gibbons Goodman Graham Green Griesheimer Gross Justus NAYS—Senators Kennedy Koster Lager Loudon Barnitz Purgason—2 Mayer McKenna Nodler Purgason Ridgeway Scott Shields Shoemyer Absent—Senators—None Smith Stouffer Vogel Wilson—32 Absent with leave—Senators NAYS—Senators—None Coleman Rupp—2 Absent—Senators—None Vacancies—None The President declared the bill passed. Absent with leave—Senators Coleman Rupp—2 On motion of Senator Engler, title to the bill Journal of the Senate 1432 was agreed to. 317.001, 317.006, 317.011, 317.013, 317.015, Senator Engler moved that the vote by which the 317.018, 324.520, 324.522, 327.011, 327.111, bill passed be reconsidered.
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