Journal of the Senate

FIRST REGULAR SESSION

THIRD DAY--MONDAY, JANUARY 13, 2003

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Common sense in an uncommon degree is what the world calls wisdom." (Coleridge)

Gracious Lord, we work this session, in a time, that will call forth an uncommon degree of common sense. So we ask that You bless us with wisdom that we might begin the tough challenge that confronts us. And we ask please to guide us along the path of righteousness that what we accomplish is in keeping with Your will. 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 for Thursday, January 9, 2003, was read and approved.

The following Senators were present during the day's proceedings:

RESOLUTIONS

Senator Scott offered Senate Resolution No. 10, regarding Aileen Pippins, Wheatland, which was adopted.

Senator Scott offered Senate Resolution No. 11, regarding the One Hundredth Birthday of Mary Belle Cook, Humansville, which was adopted.

Senator Gibbons offered Senate Resolution No. 12, regarding the Repertory Theatre, St. Louis, which was adopted.

Senator Quick offered Senate Resolution No. 13, regarding Sue E. Merrell, Kansas City, which was adopted.

Senators Wheeler, Bartle, Bland, DePasco, Quick and Caskey offered Senate Resolution No. 14, regarding the death of James H. Hale, Savoy, Texas, which was adopted.

Senator Mathewson offered Senate Resolution No. 15, regarding Peggy Studley, New Franklin, which was adopted.

Senator Mathewson offered Senate Resolution No. 16, regarding Corrections Officer II Bruce Studley, New Franklin, which was adopted.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 238-By Caskey.

An Act to repeal sections 72.080 and 72.130, RSMo, and to enact in lieu thereof two new sections relating to incorporation of cities, with an emergency clause.

SB 239-By Mathewson and Scott.

An Act to authorize the governor to convey a tract of land owned by the state in the county of Pettis to the Sedalia School District Foundation.

SB 240-By Mathewson.

An Act to repeal section 301.4000, RSMo, and to enact in lieu thereof two new sections relating to specialized license plates.

SB 241-By Yeckel.

An Act to amend chapter 71, RSMo, by adding thereto one new section relating to police officer residency requirements.

SB 242-By Yeckel.

An Act to amend chapter 512, RSMo, by adding thereto one new section relating to supersedeas bond requirements.

SB 243-By Yeckel.

An Act to amend chapter 37, RSMo, by adding thereto two new sections relating to the creation of the property preservation fund.

SB 244-By Russell and Vogel.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to sales taxes for financing an exhibition center and recreational facilities.

SB 245-By Shields and Bartle.

An Act to repeal sections 160.534 and 164.303, RSMo, and to enact in lieu thereof three new sections relating to gambling moneys for schools.

SB 246-By Steelman, Gross, Dougherty and Klindt.

An Act to repeal sections 386.120 and 386.210, RSMo, and to enact in lieu thereof three new sections relating to the public service commission.

SB 247-By Dolan.

An Act to repeal sections 169.050, 169.056, 169.070, 169.570, 169.577, 169.590, 169.650, 169.655, and 169.670, RSMo, and to enact in lieu thereof twelve new sections relating to the public school retirement system.

SB 248-By Gross and Goode.

An Act to repeal section 287.845, RSMo, and to enact in lieu thereof two new sections relating to the administrative law judges and legal advisors retirement system.

Senator Loudon requested unanimous consent of the Senate to withdraw SB 192, which request was granted.

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, Missouri

January 13, 2003

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

J. Richard Franklin, 18005 Cheyenne Drive, Independence, Jackson County, Missouri 64056, as a member of the Board of Trustees Public School Retirement System, for a term ending January 13, 2007, and until his successor is duly appointed and qualified; vice, Lynn Harmon, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 10, 2003

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Carson Ross, 3305 Park Lane, Blue Springs, Jackson County, Missouri 64015, as a member of the Missouri Veterans' Commission, for a term ending November 2, 2004, and until his successor is duly appointed and qualified; vice, Reginald Bassa, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Kinder referred the above appointments to the Committee on Gubernatorial Appointments.

COMMITTEE APPOINTMENTS

President Pro Tem Kinder submitted the following standing committee appointments:

AGING, FAMILIES, MENTAL AND PUBLIC HEALTH

Shields, Chair

Champion, Vice-chair

Clemens

Dolan

Steelman

Bland

Dougherty

Kennedy

Wheeler

AGRICULTURE, CONSERVATION, PARKS AND NATURAL RESOURCES

Klindt, Chair

Cauthorn, Vice-chair

Clemens

Foster

Griesheimer

Scott

Caskey

Coleman

Kennedy

Wheeler

APPROPRIATIONS

Russell, Chair

Gross, Vice-chair

Champion

Childers

Foster

Nodler

Shields

Yeckel

Bland

Bray

Coleman

Dougherty

Goode

COMMERCE AND THE ENVIRONMENT

Steelman, Chair

Griesheimer, Vice-chair

Bartle

Gross

Klindt

Shields

Dougherty

Goode

Mathewson

Stoll

ECONOMIC DEVELOPMENT, TOURISM AND LOCAL GOVERNMENT

Childers, Chair

Griesheimer, Vice-chair

Champion

Nodler

Vogel

Kennedy

Mathewson

Stoll

Wheeler

EDUCATION

Foster, Chair

Shields, Vice-chair

Bartle

Childers

Loudon

Steelman

Yeckel

Caskey

Days

Goode

Jacob

Stoll

FINANCIAL AND GOVERNMENTAL ORGANIZATION, VETERANS' AFFAIRS AND ELECTIONS

Yeckel, Chair

Gross, Vice-chair

Bartle

Dolan

Foster

Scott

Bland

Coleman

Days

Mathewson

GOVERNMENTAL ACCOUNTABILITY AND FISCAL OVERSIGHT

Cauthorn, Chair

Nodler, Vice-chair

Gross

Loudon

Steelman

Goode

Jacob

Mathewson

Quick

JUDICIARY AND CIVIL AND CRIMINAL JURISPRUDENCE

Bartle, Chair

Loudon, Vice-chair

Dolan

Kinder

Yeckel

Caskey

Goode

Jacob

Wheeler

PENSIONS AND GENERAL LAWS

Scott, Chair

Gross, Vice-chair

Clemens

Kinder

Klindt

Jacob

Kennedy

Quick

SMALL BUSINESS, INSURANCE AND INDUSTRIAL RELATIONS

Loudon, Chair

Cauthorn, Vice-chair

Bartle

Clemens

Klindt

Scott

Vogel

Days

DePasco

Dougherty

Kennedy

Stoll

TRANSPORTATION

Dolan, Chair

Scott, Vice-chair

Cauthorn

Griesheimer

Nodler

Russell

Bray

Days

DePasco

Goode

Stoll

WAYS AND MEANS

Vogel, Chair

Clemens, Vice-chair

Cauthorn

Griesheimer

Bray

Caskey

Jacob

SECOND READING OF SENATE BILLS

The following Bills were read the 2nd time and referred to the Committees indicated:

SB 1--Transportation.

SB 2--Small Business, Insurance and Industrial Relations.

SB 3--Economic Development, Tourism and Local Government.

SB 4--Transportation.

SB 5--Judiciary and Civil and Criminal Jurisprudence.

SB 6--Judiciary and Civil and Criminal Jurisprudence.

SB 7--Economic Development, Tourism and Local Government.

SB 8--Ways and Means.

SB 9--Transportation.

SB 10--Commerce and the Environment.

SB 11--Ways and Means.

SB 12--Pensions and General Laws.

SB 13--Judiciary and Civil and Criminal Jurisprudence.

SB 14--Economic Development, Tourism and Local Government.

SB 16--Economic Development, Tourism and Local Government.

SB 18--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 19--Ways and Means.

SB 20--Ways and Means.

SB 21--Judiciary and Civil and Criminal Jurisprudence.

SB 22--Judiciary and Civil and Criminal Jurisprudence.

SB 23--Small Business, Insurance and Industrial Relations.

SB 24--Aging, Families, Mental and Public Health.

SB 25--Commerce and the Environment.

SB 26--Ways and Means.

SB 27--Ways and Means.

SB 28--Governmental Accountability and Fiscal Oversight.

SB 29--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 30--Pensions and General Laws.

SB 31--Education.

SB 32--Small Business, Insurance and In-dustrial Relations.

SB 33--Small Business, Insurance and In-dustrial Relations.

SB 34--Judiciary and Civil and Criminal Jurisprudence.

SB 36--Agriculture, Conservation, Parks and Natural Resources.

SB 37--Pensions and General Laws.

SB 38--Agriculture, Conservation, Parks and Natural Resources.

SB 39--Judiciary and Civil and Criminal Jurisprudence.

SB 40--Governmental Accountability and Fiscal Oversight.

SB 41--Education.

SB 42--Aging, Families, Mental and Public Health.

SB 43--Aging, Families, Mental and Public Health.

SB 45--Aging, Families, Mental and Public Health.

SB 46--Ways and Means.

SB 47--Economic Development, Tourism and Local Government.

SB 48--Small Business, Insurance and In-dustrial Relations.

SB 49--Judiciary and Civil and Criminal Jurisprudence.

SB 50--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 52--Ways and Means.

SB 54--Commerce and the Environment.

SB 56--Education.

SB 57--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 58--Commerce and the Environment.

SB 59--Judiciary and Civil and Criminal Jurisprudence.

SB 60--Small Business, Insurance and In-dustrial Relations.

Senator Bray requested unanimous consent of the Senate to withdraw SB 229, which requested was granted.

The Senate paused in a moment of silence in recognition of the late Representative David Reynolds.

INTRODUCTIONS OF GUESTS

Senator Kennedy introduced to the Senate, Samantha Acquisto, Columbia.

Senator Kinder introduced to the Senate, Dr. Dan Obermark, Sikeston.

On motion of Senator Gibbons, the Senate adjourned under the rules.

SENATE CALENDAR

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FOURTH DAY-TUESDAY, JANUARY 14, 2003

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS