Journal of the Senate

FIRST REGULAR SESSION

SEVENTH DAY--TUESDAY, JANUARY 21, 2003

Senator Gross in the Chair.

Reverend Carl Gauck offered the following prayer:

"Cast thy burden upon the Lord, and he shall sustain thee." (Psalm 55:22)

Dear Lord, it is still early in the life of this session and yet we feel the burden and weight of the problems that face our state and we ask You for strength to overcome them and to make the most of our limited resources. 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 16, 2003, was read and approved.

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

RESOLUTIONS

Senator Cauthorn offered Senate Resolution No. 39, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Howard Kuntemeyer, Monroe City, which was adopted.

Senator Cauthorn offered Senate Resolution No. 40, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bob Brown, St. Patrick, which was adopted.

Senator Cauthorn offered Senate Resolution No. 41, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. H. Dean Yearns, Queen City, which was adopted.

Senator Cauthorn offered Senate Resolution No. 42, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenny Daum, Centralia, which was adopted.

Senator Cauthorn offered Senate Resolution No. 43, regarding Corrections Officer I Mark Piper, Pittsfield, Illinois, which was adopted.

Senator Cauthorn offered Senate Resolution No. 44, regarding Corrections Officer I Mike Piper, Pittsfield, Illinois, which was adopted.

Senator Cauthorn offered Senate Resolution No. 45, regarding Corrections Officer I Linda Heightman, Pittsfield, Illinois, which was adopted.

Senator Cauthorn offered Senate Resolution No. 46, regarding Corrections Officer I John Wilson, Sr., Hull, Illinois, which was adopted.

Senator Cauthorn offered Senate Resolution No. 47, regarding Corrections Classification Assistant Regina Stephens Brehm, Pittsfield, Illinois, which was adopted.

Senator Cauthorn offered Senate Resolution No. 48, regarding Corrections Officer I Rhonda Motley Hanson, Rockport, Illinois, which was adopted.

Senator Cauthorn offered Senate Resolution No. 49, regarding Corrections Officer I Gary Davis, Pittsfield, Illinois, which was adopted.

Senator Cauthorn offered Senate Resolution No. 50, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. David Smith, Newark, which was adopted.

Senator Cauthorn offered Senate Resolution No. 51, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Leslie B. Long, Hannibal, which was adopted.

Senators Dougherty, Kennedy and Coleman offered Senate Resolution No. 52, regarding the 6025th Garrison Support Unit, St. Louis and Fort Riley, Kansas, which was adopted.

Senators Dougherty, Coleman, Kennedy and Kinder offered Senate Resolution No. 53, regarding the Cleveland Junior Naval Academy Color Guard, St. Louis, which was adopted.

Senator Shields offered Senate Resolution No. 54, regarding Alfred L. "Al" Purcell, Easton, which was adopted.

INTRODUCTION OF BILLS

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

SB 291-By Caskey.

An Act to amend chapter 137, RSMo, by adding thereto one new section relating to a private car ad valorem tax credit.

SB 292-By Yeckel.

An Act to repeal section 407.433, RSMo, and to enact in lieu thereof one new section relating to disclosure of credit card numbers on sales receipts, with penalty provisions.

SB 293-By Vogel.

An Act to repeal section 143.481, RSMo, and to enact in lieu thereof one new section relating to procedures for filing income taxes.

SB 294-By Vogel.

An Act to repeal section 313.220, RSMo, and to enact in lieu thereof one new section relating to lottery employees.

SB 295-By Shields.

An Act to repeal sections 140.150, 140.170, 140.190, 140.200, 140.210, 140.220, 140.230, 140.260, 140.280, 140.340, 140.350, 140.360, 140.370, 140.390, 140.400, 140.405, 140.410, and 140.420, RSMo, and to enact in lieu thereof fourteen new sections relating to delinquent taxes.

SB 296-By Griesheimer.

An Act to repeal section 161.092, RSMo, and to enact in lieu thereof one new section relating to the Missouri school improvement program.

SB 297-By Griesheimer.

An Act to amend chapter 250, RSMo, by adding thereto one new section relating to residential and commercial connections to state-operated sewer lines.

SB 298-By Griesheimer.

An Act to repeal sections 311.080, 311.200, 311.290, 311.293, 311.325, 311.328, 311.360, 311.630, 312.407, and 312.410, RSMo, and to enact in lieu thereof ten new sections relating to liquor control, with penalty provisions.

SB 299-By Champion, Russell, Nodler, Goode, Mathewson, Gross, Childers, Steelman, Yeckel and Clemens.

An Act to repeal sections 33.210, 33.270, 33.800, 33.803, 33.805, 33.807, and 33.810, RSMo, and to enact in lieu thereof seven new sections relating to performance-based budgeting.

SB 300-By Cauthorn, Griesheimer, Dolan, Loudon, Yeckel, Gibbons, Shields, Kennedy, Wheeler, Days and Coleman.

An Act to amend chapter 334, RSMo, by adding thereto sixteen new sections relating to anesthesiologist assistants, with penalty provisions.

SB 301-By Bray.

An Act to repeal section 249.422, RSMo, and to enact in lieu thereof one new section relating to fees imposed to repair lateral sewer service lines.

SB 302-By Bray.

An Act to amend chapter 571, RSMo, by adding thereto one new section relating to criminally negligent storage of a firearm, with penalty provisions.

SB 303-By Gibbons.

An Act to amend chapter 190, RSMo, by adding thereto one new section relating to critical care ground ambulance service.

SB 304-By Jacob.

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to a temporary exemption from state and local sales tax on retail sales of clothing and school supplies before the start of the school year, with an emergency clause and an expiration date.

SB 305-By Jacob and Steelman.

An Act to repeal section 144.020, RSMo, and to enact in lieu thereof one new section relating to sales taxes on health and fitness centers.

REPORTS OF STANDING COMMITTEES

Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Floyd O. Bartch, as a member of the Missouri Gaming Commission;

Also,

Janet L. Vanderpool, as a member of the Missouri State Board of Nursing;

Also,

Sarah J. Long, Lynne M. Cooper and Shawn P. Griffin, M.D., as members of the Children's Trust Fund Board;

Also,

Chester A. Culley, as a member of the Missouri Emergency Response Commission;

Also,

Mary E. Luebke, as a member of the Board for Certification of Interpreters;

Also,

Leslie L. Warden, as a member of the Advisory Committee on Lead Poisoning;

Also,

Gertrude E. O'Leary, as a member of the Mississippi River Parkway Commission;

Also,

Carol E. Bergmann, as a member of the Board of Examiners for Hearing Instrument Specialists;

Also,

Ronald E. Graham and Karla K. Dwyer, as members of the Drug Utilization Review Board;

Also,

Robert W. Cary, as a member of the State Milk Board;

Also,

Elizabeth B. Brown, as a member of the State Soil and Water Districts Commission;

Also,

Mary Louise Bussabarger, as a member of the State Mental Health Commission.

Senator Kinder requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Kinder moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

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 16, 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:

Stacey L. Allen, 1007 Sarcoxie Trail, Joplin, Jasper County, Missouri 64801, as a student representative of the Missouri Southern State College Board of Regents, for a term ending January 1, 2008, and until her successor is duly appointed and qualified; vice, Brett Doennig, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 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:

Nadia T. Cavner, Democrat, 4466 E. Culloden Lane, Springfield, Greene County, Missouri 65809, as a member of the Health and Educational Facilities Authority of the State of Missouri, for a term ending July 30, 2007, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 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:

William A. Easley, Jr., Republican, P.O. Box 126, Cassville, Barry County, Missouri 65625, as a member of the Clean Water Commission, for a term ending April 12, 2006, and until his successor is duly appointed and qualified; vice, Art Hegi, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 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:

Daniel R. Flynn, 713 Westlake Drive, Troy, Lincoln County, Missouri 63379, as a member of the Well Installation Board, for a term ending February 24, 2006, and until his successor is duly appointed and qualified; vice, Gregory Evans, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 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:

Susan I. Green, 1940 Allen Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Seismic Safety Commission, for a term ending August 11, 2006, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 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:

Loretta Pinkard Prater, 2310 Abbey Road, Cape Girardeau, Cape Girardeau County, Missouri 63701, as a member of the Special Health, Psychological and Social Needs of Minority Older Individuals Commission, for a term ending August 30, 2005, and until her successor is duly appointed and qualified; vice, Elaine Aber, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 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:

Lois L. Reine, 2846 Foxdale Drive, Jefferson City, Cole County, Missouri 65109, as a public member of the Board of Examiners for Hearing Instrument Specialists, for a term ending January 11, 2004, and until her successor is duly appointed and qualified; vice, Nonaresa Montgomery, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 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:

Geo. Irvin Whitehead, 29 Atchinson Road, Olean, Miller County, Missouri 65064-2145, as a member of the Consolidated Health Care Plan Board of Trustees, for a term ending January 1, 2008, and until his successor is duly appointed and qualified; vice, Annette Morgan, deceased.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Kinder referred the above appointments and the addendums appearing on page 97 of the Senate Journal for Thursday, January 16, 2003, to the Committee on Gubernatorial Appointments.

SECOND READING OF SENATE BILLS

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

SB 51--Pensions and General Laws.

SB 53--Pensions and General Laws.

SB 55--Pensions and General Laws.

SB 141--Ways and Means.

SB 142--Economic Development, Tourism and Local Government.

SB 143--Governmental Accountability and Fiscal Oversight.

SB 144--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 145--Judiciary and Civil and Criminal Jurisprudence.

SB 146--Small Business, Insurance and Industrial Relations.

SB 147--Aging, Families, Mental and Public Health.

SB 148--Transportation.

SB 149--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 150--Education.

SB 151--Ways and Means.

SB 153--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 154--Small Business, Insurance and Industrial Relations.

SB 155--Agriculture, Conservation, Parks and Natural Resources.

SB 156--Commerce and the Environment.

SB 157--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 158--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 159--Aging, Families, Mental and Public Health.

SB 160--Judiciary and Civil and Criminal Jurisprudence.

SB 162--Small Business, Insurance and Industrial Relations.

SB 163--Transportation.

SB 165--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 166--Aging, Families, Mental and Public Health.

SB 167--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 168--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 169--Judiciary and Civil and Criminal Jurisprudence.

SB 170--Economic Development, Tourism and Local Government.

SB 171--Transportation.

SB 173--Economic Development, Tourism and Local Government.

SB 175--Aging, Families, Mental and Public Health.

REFERRALS

President Pro Tem Kinder referred SCR 2 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

INTRODUCTIONS OF GUESTS

Senator Kennedy introduced to the Senate, Mike Frederick and his daughter, Hannah, St. Louis; and Hannah was made an honorary page.

Senator Kennedy introduced to the Senate, Bill Krenn, St. Louis.

Senator Loudon introduced to the Senate, the Physician of the Day, Dr. Tom Saak, M.D., St. Louis.

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

SENATE CALENDAR

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EIGHTH DAY-WEDNESDAY, JANUARY 22, 2003

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS