Journal of the Senate FIRST REGULAR SESSION FIFTY-FIRST DAY—TUESDAY, APRIL 14, 2015 The Senate met pursuant to adjournment. President Kinder in the Chair. Reverend Carl Gauck offered the following prayer: “Make me to know your ways, O Lord; teach me your paths.” (Psalm 25:4) Eternal God, in a world that seems to treat all things as transitory, used today and gone tomorrow, how wonderful it is to focus on the rich legacy we have in You. Everything You do and create for Your purposes lasts forever. How reassuring it is to accept that even we are meant to have life beyond this life and, therefore, must treat each other as Your fellow creation. 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. Photographers from KRCG-TV were given permission to take pictures in the Senate Chamber. The following Senators were present during the day’s proceedings: Present—Senators Brown Chappelle-Nadal Cunningham Curls Dempsey Dixon Emery Hegeman Holsman Keaveny Kehoe Kraus LeVota Libla Munzlinger Nasheed Onder Parson Pearce Richard Riddle Romine Sater Schaaf Schaefer Schatz Schmitt Schupp Sifton Silvey Wallingford Walsh Wasson Wieland—34 Absent—Senators—None Absent with leave—Senators—None Vacancies—None The Lieutenant Governor was present. 873 874 Journal of the Senate RESOLUTIONS Senator Kehoe offered Senate Resolution No. 796, regarding Lisa Higginbotham, Chamois, which was adopted. Senator Sifton offered Senate Resolution No. 797, regarding Mason Merris, which was adopted. Senator Munzlinger offered Senate Resolution No. 798, regarding the A.T. Still University-Kirksville College of Osteopathic Medicine, which was adopted. Senator Sater offered Senate Resolution No. 799, regarding Gladys Reavis, Crane, which was adopted. SENATE BILLS FOR PERFECTION Senator Libla moved that SB 540 be taken up for perfection, which motion prevailed. Senator Libla offered SS for SB 540, entitled: SENATE SUBSTITUTE FOR SENATE BILL NO. 540 An Act to repeal section 142.803 as enacted by house bill no. 2141, ninety-seventh general assembly, second regular session, and section 142.803 as enacted by house bill no. 1196, ninety-first general assembly, second regular session, RSMo, and to enact in lieu thereof one new section relating to motor fuel taxes. Senator Libla moved that SS for SB 540 be adopted. Senator Pearce assumed the Chair. Senator Dixon assumed the Chair. At the request of Senator Libla, SB 540, with SS (pending), was placed on the Informal Calendar. 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 HB 148, entitled: An Act to repeal section 287.037, RSMo, and to enact in lieu thereof one new section relating to workers’ compensation. In which the concurrence of the Senate is respectfully requested. Read 1st time. 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 HB 268, entitled: An Act to repeal sections 94.902 and 143.801, RSMo, and to enact in lieu thereof two new sections relating to limitations on income tax credits or refunds. In which the concurrence of the Senate is respectfully requested. Read 1st time. Fifty-First Day—Tuesday, April 14, 2015 875 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 HB 811, entitled: An Act to repeal sections 32.069, 136.110, 143.801, and 143.811, RSMo, and to enact in lieu thereof four new sections relating to the department of revenue. In which the concurrence of the Senate is respectfully requested. Read 1st time. HOUSE BILLS ON SECOND READING The following Bills were read the 2nd time and referred to the Committees indicated: HB 210––Transportation, Infrastructure and Public Safety. HB 511––Jobs, Economic Development and Local Government. On motion of Senator Richard, the Senate recessed until 3:00 p.m. RECESS The time of recess having expired, the Senate was called to order by Senator Pearce. SENATE BILLS FOR PERFECTION Senator Keaveny moved that SB 386, with SS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed. At the request of Senator Keaveny, SS for SB 386 was withdrawn, rendering SA 1 moot. Senator Keaveny offered SS No. 2 for SB 386, entitled: SENATE SUBSTITUTE NO. 2 FOR SENATE BILL NO. 386 An Act to repeal sections 192.945, 195.207, and 261.265, RSMo, and to enact in lieu thereof four new sections relating to hemp extract. Senator Keaveny moved that SS No. 2 for SB 386 be adopted, which motion prevailed. On motion of Senator Keaveny, SS No. 2 for SB 386 was declared perfected and ordered printed. SIGNING OF BILLS The President Pro Tem announced that all other business would be suspended and SS for HB 384, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem. PRIVILEGED MOTIONS Senator Sater, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS No. 2 for SCS for SB 24 moved that the following conference committee report be taken up, which motion prevailed. 876 Journal of the Senate CONFERENCE COMMITTEE REPORT ON HOUSE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE NO. 2 FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 24 The Conference Committee appointed on House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 24, with House Amendment No. 1, 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 House recede from its position on House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 24, as amended; 2. That the Senate recede from its position on Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 24; 3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 24 be Third Read and Finally Passed. FOR THE SENATE: FOR THE HOUSE: /s/ David Sater /s/ Diane Franklin /s/ Gary Romine /s/ Sue Allen /s/ Jeanie Riddle /s/ Marsha Haefner Jamilah Nasheed Jon Carpenter Jill Schupp Jeanne Kirkton Senator Sater moved that the above conference committee report be adopted, which motion prevailed by the following vote: YEAS—Senators Brown Cunningham Dempsey Dixon Emery Hegeman Kehoe Kraus Libla Munzlinger Onder Parson Pearce Richard Riddle Romine Sater Schaaf Schaefer Schatz Schmitt Silvey Wallingford Wasson Wieland—25 NAYS—Senators Chappelle-Nadal Curls Holsman Keaveny LeVota Nasheed Schupp Sifton Walsh—9 Absent—Senators—None Absent with leave—Senators—None Vacancies—None Fifty-First Day—Tuesday, April 14, 2015 877 On motion of Senator Sater, CCS for HCS for SS No. 2 for SCS for SB 24, entitled: CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE NO. 2 FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 24 An Act to repeal section 208.040, RSMo, and to enact in lieu thereof four new sections relating to nonmedical public assistance. Was read the 3rd time and passed by the following vote: YEAS—Senators Brown Cunningham Dempsey Dixon Emery Hegeman Kehoe Kraus Libla Munzlinger Onder Parson Pearce Richard Riddle Romine Sater Schaaf Schaefer Schatz Schmitt Silvey Wallingford Wasson Wieland—25 NAYS—Senators Chappelle-Nadal Curls Holsman Keaveny LeVota Nasheed Schupp Sifton Walsh—9 Absent—Senators—None Absent with leave—Senators—None Vacancies—None The President declared the bill passed. On motion of Senator Sater, title to the bill was agreed to. Senator Sater moved that the vote by which the bill passed be reconsidered. Senator Richard moved that motion lay on the table, which motion prevailed. SENATE BILLS FOR PERFECTION Senator Onder moved that SJR 12, with SCS, be taken up for perfection, which motion prevailed. SCS for SJR 12, entitled: SENATE COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 12 Joint Resolution submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of Missouri, by adding thereto one new section relating to educational freedom. Was taken up. Senator Onder moved that SCS for SJR 12 be adopted. Senator Riddle assumed the Chair. 878 Journal of the Senate Senator Sifton offered SA 1, which was read: SENATE AMENDMENT NO. 1 Amend Senate Committee Substitute for Senate Joint Resolution No. 12, Page 1, Section 36, Line 14, by striking the word “and” and inserting in lieu thereof the following: “,”; and further amend line 15 by inserting after the word “constitution” the following: “, and American history and institutions”. Senator Sifton moved that the above amendment be adopted, which motion prevailed. Senator Holsman offered SA 2, which was read: SENATE AMENDMENT NO. 2 Amend Senate Committee Substitute for Senate Joint Resolution No. 12, Page 2, Section 36, Line 30, by inserting after all of said line the following: “4. The word “religion” as used in this section shall include the following religions: Christianity, Mormonism, including the LDS Restoration Church, Judaism, Islam, Hinduism, Buddhism, Zoroastrianism, Nuwaubianism, Church of Euthanasia, Prince Philip Movement, Church of the Sub Genius, World Church of the Creator, Thee Temple on Psychic Youth, Nation of Yahweh, Secular Humanism, Ethicism, the People's Temple, Church of All Worlds, Scientology, Universe People, Druze, Navajo religion, Iroquois Nation, Rastafarian, Peyote religion, Animism, and Santeria.”.