Journal of the Senate

FIRST REGULAR SESSION

SIXTH DAY--THURSDAY, JANUARY 16, 2003

Senator Childers in the Chair.

Senator Childers offered the following prayer:

Father, as we move through the early days of this session, we ask for Your guidance in our deliberations. We also ask for Your help in our travels as we go back to our homes and families. Be with all those who are working to serve in governing our great land. All this we ask in the name of Jesus. 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.

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

Senator Gibbons announced that photographers from KODE-TV, Joplin, had been given permission to take pictures in the Senate Chamber today.

RESOLUTIONS

Senator Bray offered Senate Resolution No. 34, regarding Philip Alexander Schwarz, St. Louis, which was adopted.

Senator Nodler offered Senate Resolution No. 35, regarding Danny Hensley, Jasper County, which was adopted.

Senator Klindt offered Senate Resolution No. 36, regarding the One Hundredth Birthday of Ethel Otto, Hamilton, which was adopted.

Senator Shields offered Senate Resolution No. 37, regarding the Platte County R-III High School Class 3 State Football Champions, Platte City, which was adopted.

Senator Bartle offered Senate Resolution No. 38, regarding Mary Stacy, Lee's Summit, which was adopted.

INTRODUCTION OF BILLS

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

SB 274-By Caskey.

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to health insurance coverage for children's hearing aids.

SB 275-By Russell.

An Act to repeal section 2, as enacted by senate bill no. 1168, ninety-first general assembly, second regular session, section 2, as enacted by senate committee substitute for house bill no. 1811, ninety-first general assembly, second regular session, and section 3, as enacted by senate bill no. 1041, ninety-first general assembly, second regular session relating to conveyance of property owned by the state.

SB 276-By Jacob.

An Act to repeal sections 160.534 and 313.805, RSMo, and to enact in lieu thereof four new sections relating to the education job retraining fund.

SB 277-By Jacob.

An Act to repeal section 494.430, RSMo, and to enact in lieu thereof one new section relating to jury duty.

SB 278-By Steelman, Griesheimer, Gross, Mathewson, Klindt, Shields, Stoll and Bartle.

An Act to amend chapter 393, RSMo, by adding thereto one new section relating to allowing certain electrical corporations to recover certain costs, with an emergency clause.

SB 279-By Scott.

An Act to amend chapter 700, RSMo, by adding thereto eighteen new sections relating to setup contractors for manufactured housing, with penalty provisions.

SB 280-By Scott, Cauthorn, Yeckel, Klindt, Shields, Childers, Griesheimer, Clemens, Champion, Nodler, Dolan, Vogel, Foster, Russell, Gross, Loudon, Kinder and Gibbons.

An Act to repeal sections 307.178, 383.500, 490.715, 509.290, 510.263, 512.020, 516.105, 537.067, 538.210, and 538.225, RSMo, and to enact in lieu thereof eighteen new sections relating to tort reform.

SB 281-By Shields.

An Act to repeal section 49.370, RSMo, and to enact in lieu thereof one new section relating to the location of county property.

SB 282-By Shields.

An Act to repeal section 64.341, RSMo, and to enact in lieu thereof one new section relating to county facilities.

SB 283-By Klindt.

An Act to repeal section 135.766 as enacted by conference committee substitute for house substitute for house committee substitute for senate committee substitute for senate bill no. 894, ninetieth general assembly, second regular session, and to enact in lieu thereof one new section for the sole purpose of reenacting section 135.766 as repealed by conference committee substitute for house substitute for house committee substitute for senate committee substitute for senate bill no. 894, ninetieth general assembly, second regular session which was held unconstitutional by the Missouri Supreme Court.

SB 284-By Loudon.

An Act to repeal section 105.711, RSMo, and to enact in lieu thereof one new section relating to the legal expense fund.

SB 285-By Dougherty, Kennedy and Days.

An Act to repeal section 313.805, RSMo, and to enact in lieu thereof one new section relating to powers of the gaming commission.

SB 286-By Dougherty, Shields, Coleman and Bray.

An Act to repeal sections 167.031 and 167.051, RSMo, relating to compulsory attendance age for public schools, and to enact in lieu thereof two new sections relating to the same subject.

SB 287-By Childers.

An Act to repeal sections 290.210, 290.220, and 290.230, RSMo, and to enact in lieu thereof three new sections relating to the prevailing wage.

SB 288-By Dolan.

An Act to repeal section 447.040, RSMo, and to enact in lieu thereof one new section relating to lost and found property.

SB 289-By Dolan, Nodler and Gross.

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Trooper Charles P. Corbin memorial highway.

SB 290-By Gross and Steelman.

An Act to amend chapter 393, RSMo, by adding thereto four new sections relating to recovery of certain costs by utilities.

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 15, 2003

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

The following addendum should be made to the appointment of J. Richard Franklin for the Board of Trustees Public School Retirement System, submitted to you on January 13, 2003. Line 5 should be amended to read:

William Wasson, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 15, 2003

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

The following addendum should be made to the appointment of David Eric McClure for Commissioner for the Missouri Division of Finance, submitted to you on January 8, 2003. Line 1 should be amended to read:

David Eric McClure, 1366 South Farm Road 237, Rogersville,

Respectfully submitted,

BOB HOLDEN

Governor

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

January 13, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointments to Joint Advisory Committee on Tobacco Securitization

Dear Terry:

Pursuant to Section 8.597, RSMo 2002, I am appointing the following Senators to the Joint Advisory Committee on Tobacco Securitization:

Senator David Klindt, Chairman

Senator Peter Kinder

Senator Anita Yeckel

Senator Ken Jacob

Senator Jim Mathewson

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro-Tem

INTRODUCTIONS OF GUESTS

Senator Nodler introduced to the Senate, Kent Faddis and Gary Headley, Joplin.

On motion of Senator Gibbons, the Senate adjourned until 10:00 a.m., Tuesday, January 21, 2003.

SENATE CALENDAR

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SEVENTH DAY-TUESDAY, JANUARY 21, 2003

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

RESOLUTIONS

To be Referred

SCR 2-Bland