Journal of the Senate

FIRST REGULAR SESSION

TWENTY-FIFTH DAY--THURSDAY, FEBRUARY 20, 2003

The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Draw near to God, and He will draw near to you." (James 4:8)

Gracious Lord, give to us a clean heart, O God, and create in us the sense of service to You and those we represent as we finish up our work this day. And watch over our travel and bring us safely home and may we be found in Your house with those we love this weekend. 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.

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

	Present--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Goode	Griesheimer
Gross	Jacob	Kennedy	Kinder
Klindt	Loudon	Mathewson	Nodler
Quick	Russell	Scott	Shields
Steelman	Stoll	Vogel	Wheeler
Yeckel--33
	Absent with leave--Senator DePasco--1
	The Lieutenant Governor was present.

RESOLUTIONS

Senator Coleman offered Senate Resolution No. 193, regarding Paula J. Carter Center on Minority Health and Aging, Jefferson City, which was adopted.

Senator Steelman offered Senate Resolution No. 194, regarding Carolyn Dye, Waynesville, which was adopted.

Senator Yeckel offered Senate Resolution No. 195, regarding Boy Scout Troop 661, Oakville Community, which was adopted.

Senator Gross offered Senate Resolution No. 196, regarding the Boys and Girls Clubs of St. Charles County, which was adopted.

Senator Yeckel offered Senate Resolution No. 197, regarding Linda Kunz, St. Louis County, which was adopted.

INTRODUCTION OF BILLS

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

SB 546-By Caskey.

An Act to repeal sections 260.830 and 260.831, RSMo, and to enact in lieu thereof two new sections relating to landfill fees in Johnson County.

SB 547-By Caskey.

An Act to repeal section 54.261, RSMo, and to enact in lieu thereof one new section relating to compensation for certain county treasurers.

SB 548-By Champion.

An Act to amend chapter 23, RSMo, by adding thereto one new section relating to the joint committee on legislative research.

SB 549-By Days, Wheeler, Bland and Bray.

An Act to amend chapter 191, RSMo, by adding thereto one new section relating to nonpublic personal health information.

SB 550-By Scott.

An Act to repeal sections 570.020 and 570.030, RSMo, and to enact in lieu thereof two new sections relating to stealing, with penalty provisions.

SB 551-By Yeckel.

An Act to repeal sections 383.150, 383.155, 383.160, 383.170, 383.175, 383.180, 383.185, and 383.195, RSMo, and to enact in lieu thereof nine new sections relating to medical malpractice insurance.

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 reappointment, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Nancy Samp, as a public member of the State Board of Cosmetology;

Also,

Geo. Irvin Whitehead, as a member of the Consolidated Health Care Plan Board of Trustees;

Also,

Daniel R. Flynn, as a member of the Well Installation Board;

Also,

Loretta Pinkard Prater, as a member of the Special Health, Psychological and Social Needs of Minority Older Individuals Commission;

Also,

David J. Malmo, as a member of the State Fair Commission;

Also,

William A. Easley, Jr., as a member of the Clean Water Commission;

Also,

Derio L. Gambaro and Michael A. Lueken, as members of the St. Louis City Board of Election Commissioners;

Also,

Lewis C. Chartock, Ph.D., as a member of the Missouri Training and Employment Council.

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 reappointment, which motion prevailed.

President Pro Tem Kinder assumed the Chair.

Senator Childers, Chairman of the Committee on Economic Development, Tourism and Local Government, submitted the following report:

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 234, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 56, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 1, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Senator Klindt, Chairman of the Committee on Agriculture, Conservation, Parks and Natural Resources, submitted the following report:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 84, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 69, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 34, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 347, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Dolan, Chairman of the Committee on Transportation, submitted the following report:

Mr. President: Your Committee on Transportation, to which was referred SB 481, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Shields, Chairman of the Committee on Aging, Families, Mental and Public Health, submitted the following report:

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 24, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

THIRD READING OF SENATE BILLS

SCS for SBs 299 and 40, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 299 and 40

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.

Was taken up by Senator Champion.

Senator Shields assumed the Chair.

President Maxwell assumed the Chair.

On motion of Senator Champion, SCS for SBs 299 and 40 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Caskey	Cauthorn
Champion	Childers	Clemens	Coleman
Days	Dolan	Dougherty	Foster
Gibbons	Goode	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Nodler	Quick
Russell	Scott	Shields	Steelman
Vogel	Wheeler--30
	NAYS--Senators--None
	Absent--Senator Stoll--1
	Absent with leave--Senators
Bray	DePasco	Yeckel--3

The President declared the bill passed.

On motion of Senator Champion, title to the bill was agreed to.

Senator Champion moved that the vote by which the bill passed be reconsidered.

Senator Steelman moved that motion lay on the table, which motion prevailed.

SCS for SB 246, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 246

An Act to repeal sections 386.050, 386.120, 386.210, 392.200, and 393.015, RSMo, and to enact in lieu thereof seven new sections relating to the public service commission.

Was taken up by Senator Steelman.

On motion of Senator Steelman, SCS for SB 246 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

On motion of Senator Steelman, title to the bill was agreed to.

Senator Steelman moved that the vote by which the bill passed be reconsidered.

Senator Nodler moved that motion lay on the table, which motion prevailed.

SS No. 2 for SCS for SB 55, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 55

An Act to repeal sections 173.005, 174.020, 174.231, 174.241, 174.324, and 174.450, RSMo, and to enact in lieu thereof six new sections relating to state institutions of higher education.

Was taken up by Senator Nodler.

On motion of Senator Nodler, SS No. 2 for SCS for SB 55 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Cauthorn	Champion
Childers	Clemens	Coleman	Days
Dolan	Dougherty	Foster	Gibbons
Goode	Griesheimer	Gross	Jacob
Kennedy	Kinder	Loudon	Nodler
Quick	Russell	Scott	Shields
Steelman	Stoll	Vogel	Wheeler--28
	NAYS--Senators
Caskey	Klindt	Mathewson--3
	Absent--Senators--None
	Absent with leave--Senators
Bray	DePasco	Yeckel --3

The President declared the bill passed.

On motion of Senator Nodler, title to the bill was agreed to.

Senator Nodler moved that the vote by which the bill passed be reconsidered.

Senator Gibbons moved that motion lay on the table, which motion prevailed.

INTRODUCTION OF BILLS

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

SB 553-By Bartle.

An Act to repeal section 163.031, RSMo, and to enact in lieu thereof one new section relating to state aid to the public schools of this state.

SB 554-By Klindt.

An Act to repeal section 143.121, RSMo, and to enact in lieu thereof one new section relating to carry-back losses.

SB 555-By Kinder and Foster.

An Act to amend chapter 91, RSMo, by adding thereto one new section relating to the supply of electrical power and energy to certain large industrial customers, with an emergency clause.

SB 556-By Kinder, Dougherty, Steelman, Coleman, Bland, Kennedy, Stoll, Gibbons, Shields, Bartle, Gross, Vogel, Scott, Loudon, Clemens, Nodler, Champion, Klindt and Foster.

An Act to repeal sections 198.006, 198.022, 198.032, 198.036, 198.067, 198.070, 198.082, 198.105, 198.525, 198.526, 198.532, 208.072, 208.159, 344.050, 565.186, 570.145, 630.140, 630.165, 630.167, 660.250, 660.261, 660.270, 660.300, 660.305, 660.315, 660.317, and 660.320, RSMo, and to enact in lieu thereof thirty-eight new sections relating to the protection of the elderly, with penalty provisions and an expiration date for a certain section.

SB 557-By Shields.

An Act to repeal sections 338.013, 338.055, 338.065, 338.220, and 338.353, RSMo, and to enact in lieu thereof ten new sections relating to the licensure and regulation of pharmacists, pharmacies, drug distributors and related pharmaceutical services and personnel, with penalty provisions.

SECOND READING OF SENATE BILLS

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

SB 374--Pensions and General Laws.

SB 398--Agriculture, Conservation, Parks and Natural Resources.

SB 544--Governmental Accountability and Fiscal Oversight.

RESOLUTIONS

Senator Childers offered Senate Resolution No. 198, regarding Matthew Lee "Matt" Stoll, Branson, which was adopted.

Senator Childers offered Senate Resolution No. 199, regarding Michael James "Mike" Cobb, Branson, which was adopted.

Senator Childers offered Senate Resolution No. 200, regarding William Ray "Billy" McAnally, Branson, which was adopted.

Senator Childers offered Senate Resolution No. 201, regarding Garrett Lee Jackson, Branson, which was adopted.

Senator Childers offered Senate Resolution No. 202, regarding Nicholas Alexander "Nick" Peregrino, Branson, which was adopted.

Senator Childers offered Senate Resolution No. 203, regarding James Christopher Justus, Branson, which was adopted.

Senator Childers offered Senate Resolution No. 204, regarding Kelvin Wayne Cash, Ridgedale, which was adopted.

COMMUNICATIONS

Senator Gibbons submitted the following:

February 20, 2003

Ms. Terry Spieler

Secretary of the Senate

Room 325, State Capitol Building

Jefferson City, MO 65101

Dear Ms. Spieler:

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members present voted unanimously to approve the 92nd General Assembly's Bootheel Caucus.

A list of members is attached.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

Members of the Bootheel Caucus:

Senator Bill Foster Representative Mike Dethrow

Representative Gayle Kingery Representative Rod Jetton

Representative Rob Mayer Representative Peter Myers

Representative Lanie Black Representative Denny Merideth

Representative Otto Bean, Jr. Representative Jason Crowell

Senator Peter Kinder

Also,

February 20, 2003

Ms. Terry Spieler

Secretary of the Senate

Room 325, State Capitol Building

Jefferson City, MO 65101

Dear Ms. Spieler:

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members present voted unanimously to approve the 92nd General Assembly's 7th Senatorial District Legislators Caucus.

A list of members is attached.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

Members of the7th Senatorial District Legislators Caucus:

Senator John Loudon Representative Jane Cunningham

Representative Catherine Hanaway Representative Allen Icet

Representative Al Liese Representative Sam Page

Representative Charles Portwood Representative Neal St. Onge

Representative Jodi Stefanick Representative Clint Zweifel

Senator Shields submitted the following:

February 20, 2003

Ms. Terry Spieler

Secretary of the Senate

Room 325

Dear Ms. Spieler:

I respectfully request that SCS for SB 303 be removed from the consent calendar.

Thank you.

/s/ Charlie

Senator Charles Shields

INTRODUCTIONS OF GUESTS

On behalf of Senator Dolan and himself, Senator Gross introduced to the Senate, Travis and Patrick Bardgeon, St. Charles.

Senator Clemens introduced to the Senate, the Physician of the Day, Dr. John W. Esther, M.D., and his son, Windsor, Springfield; and Windsor was made an honorary page.

Senator Stoll introduced to the Senate, eighteen fourth grade students from Sacred Heart School, Festus.

On motion of Senator Gibbons, the Senate adjourned until 2:00 p.m., Monday, February 24, 2003.

SENATE CALENDAR

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TWENTY-SIXTH DAY-MONDAY, FEBRUARY 24, 2003

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS