Journal of the Senate Ninety-Fourth General Assembly of the State of Missouri Second Regular Session
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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.