Journal of the Senate

FIRST REGULAR SESSION

FORTY-FOURTH DAY--MONDAY, MARCH 31, 2003

The Senate met pursuant to adjournment.

Senator Gross in the Chair.

Reverend Carl Gauck offered the following prayer:

"And they went away in the boat to a deserted place by themselves." (Mark 6:32)

Gracious God, we thank You for the time to rest and recharge so we have the strength and energy that will be called upon to complete our work here. Continue to watch over our efforts and guide us along correct pathways in these closing weeks. 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 Journals for Thursday, March 20, 2003 and Monday, March 24, 2003, were 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

RESOLUTIONS

Senator Mathewson offered Senate Resolution No. 440, regarding the Freedom of the Road Riders, Incorporated, which was adopted.

Senator Quick offered Senate Resolution No. 441, regarding David Ray Meyer, Oak Park, which was adopted.

Senator Quick offered Senate Resolution No. 442, regarding Daniel Adison Ayers, Oak Park, which was adopted.

Senator Quick offered Senate Resolution No. 443, regarding Pat Call, R.N., Liberty, which was adopted.

Senator Kennedy offered Senate Resolution No. 444, regarding the Ninety-third Birthday of Napoleon B. Braswell, Marquand, which was adopted.

Senator Caskey offered Senate Resolution No. 445, regarding Christopher Lee "Chris" Anderson, Belton, which was adopted.

Senator Cauthorn offered Senate Resolution No. 446, regarding the One Hundred First Birthday of James Fred Allen, Kirksville, which was adopted.

Senator Cauthorn offered Senate Resolution No. 447, regarding Elaine Niemeyer, New Hartford, which was adopted.

Senator Cauthorn offered Senate Resolution No. 448, regarding Caleb R. Krueger, Mexico, which was adopted.

Senator Cauthorn offered Senate Resolution No. 449, regarding Aaron M. Wimmer, Mexico, which was adopted.

Senator Russell offered Senate Resolution No. 450, regarding the Camdenton United Methodist Church, Camdenton, which was adopted.

Senator Champion offered Senate Resolution No. 451, regarding Central High School, Springfield, which was adopted.

Senator Gross offered Senate Resolution No. 452, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Norris Eichler, St. Charles, which was adopted.

Senator Gross offered Senate Resolution No. 453, regarding Luke Daniel Maresca, St. Charles, which was adopted.

Senator Stoll offered Senate Resolution No. 454, regarding the Laborers' International Union of North America, which was adopted.

Senator Stoll offered Senate Resolution No. 455, regarding Nancy Pope, Jefferson County, which was adopted.

Senator Loudon offered Senate Resolution No. 456, regarding Father Joseph Marion Kohler, St. Louis, which was adopted.

THIRD READING OF SENATE BILLS

SCS for SB 427, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 427

An Act to repeal sections 409.101, 409.102, 409.201, 409.202, 409.203, 409.204, 409.301, 409.302, 409.303, 409.304, 409.305, 409.306, 409.307, 409.401, 409.402, 409.403, 409.404, 409.405, 409.406, 409.407, 409.408, 409.409, 409.410, 409.411, 409.412, 409.413, 409.414, 409.415, 409.416, 409.418, 409.420, and 409.421, RSMo, and to enact in lieu thereof fifty-three new sections relating to securities regulation, with penalty provisions.

Was taken up by Senator Bartle.

On motion of Senator Bartle, SCS for SB 427 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dougherty	Foster
Gibbons	Goode	Griesheimer	Gross
Jacob	Kennedy	Klindt	Loudon
Mathewson	Nodler	Quick	Russell
Scott	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senators--None
	Absent--Senator Dolan--1
	Absent with leave--Senators
DePasco	Kinder--2

The President declared the bill passed.

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

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

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

SB 295, with SCS, introduced by Senator Shields, entitled:

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.

Was called from the Consent Calendar and taken up.

SCS for SB 295, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 295

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, 140.420, and 140.440, RSMo, and to enact in lieu thereof fifteen new sections relating to delinquent taxes.

Was taken up.

Senator Shields moved that SCS for SB 295 be adopted, which motion prevailed.

On motion of Senator Shields, SCS for SB 295 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dougherty	Foster
Gibbons	Griesheimer	Gross	Jacob
Kennedy	Klindt	Loudon	Mathewson
Nodler	Quick	Russell	Scott
Shields	Steelman	Stoll	Vogel
Wheeler	Yeckel--30
	NAYS--Senators--None
	Absent--Senators
Dolan	Goode--2
	Absent with leave--Senators
DePasco	Kinder--2

The President declared the bill passed.

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

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

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

SB 529, introduced by Senator Childers, entitled:

An Act to amend chapter 389, RSMo, by adding thereto one new section relating to the designation of official Missouri railroads.

Was called from the Consent Calendar and taken up.

On motion of Senator Childers, SB 529 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 547, with SCS, introduced by Senator Caskey, entitled:

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

Was called from the Consent Calendar and taken up.

SCS for SB 547, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 547

An Act to repeal sections 51.281 and 54.261, RSMo, and to enact in lieu thereof two new sections relating to compensation for certain county officers.

Was taken up.

Senator Caskey moved that SCS for SB 547 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 547 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Griesheimer	Gross
Jacob	Kennedy	Klindt	Loudon
Mathewson	Nodler	Quick	Scott
Shields	Steelman	Stoll	Vogel
Wheeler	Yeckel--30
	NAYS--Senators--None
	Absent--Senators
Goode	Russell--2
	Absent with leave--Senators
DePasco	Kinder--2

The President declared the bill passed.

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

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

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

SB 519, with SCA 1, introduced by Senator Foster, entitled:

An Act to repeal section 162.431, RSMo, and to enact in lieu thereof one new section relating to school district boundary changes.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

Senator Foster moved that the above amendment be adopted, which motion prevailed.

On motion of Senator Foster, SB 519, as amended, was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Goode	Griesheimer
Gross	Jacob	Kennedy	Klindt
Loudon	Nodler	Quick	Russell
Scott	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senators--None
	Absent--Senator Mathewson--1
	Absent with leave--Senators
DePasco	Kinder--2

The President declared the bill passed.

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

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

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

SB 204, introduced by Senator Yeckel, et al, entitled:

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to educational service agencies.

Was called from the Consent Calendar and taken up by Senator Yeckel.

On motion of Senator Yeckel, SB 204 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Goode	Griesheimer
Gross	Jacob	Kennedy	Klindt
Loudon	Nodler	Quick	Russell
Scott	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senators--None
	Absent--Senator Mathewson--1
	Absent with leave--Senators
DePasco	Kinder--2

The President declared the bill passed.

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

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

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

SB 431, introduced by Senator Gibbons, entitled:

An Act to repeal section 431.064, RSMo, and to enact in lieu thereof one new section relating to consent for experimental treatments.

Was called from the Consent Calendar and taken up.

On motion of Senator Gibbons, SB 431 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Goode	Griesheimer
Gross	Jacob	Kennedy	Klindt
Loudon	Mathewson	Nodler	Quick
Scott	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senators--None
	Absent--Senator Russell--1
	Absent with leave--Senators
DePasco	Kinder--2

The President declared the bill passed.

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

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

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

SB 506, introduced by Senator Clemens, entitled:

An Act to repeal section 332.071, RSMo, and to enact in lieu thereof one new section relating to the use of lasers for dentistry.

Was called from the Consent Calendar and taken up.

On motion of Senator Clemens, SB 506 was read the 3rd time and passed by the following vote:

	YEAS--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	Scott	Shields	Steelman
Stoll	Vogel	Wheeler	Yeckel--32
	NAYS--Senators--None
	Absent--Senator Russell--1
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

SB 425, introduced by Senator Scott, entitled:

An Act to repeal section 58.451, RSMo, and to enact in lieu thereof one new section relating to reporting and investigating of death by a coroner.

Was called from the Consent Calendar and taken up.

On motion of Senator Scott, SB 425 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Champion	Childers	Clemens	Coleman
Days	Dolan	Dougherty	Foster
Gibbons	Goode	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Nodler	Quick
Scott	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senators--None
	Absent--Senator Russell--1
	Absent with leave--Senators
Cauthorn	DePasco--2

The President declared the bill passed.

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

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

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

SB 73, with SCS, introduced by Senator Bland, entitled:

An Act to amend chapter 192, RSMo, by adding thereto one new section relating to obesity, with an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 73, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 73

An Act to amend chapter 192, RSMo, by adding thereto one new section relating to obesity, with an emergency clause.

Was taken up.

Senator Bland moved that SCS for SB 73 be adopted, which motion prevailed.

On motion of Senator Bland, SCS for SB 73 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Champion	Childers	Clemens	Coleman
Days	Dolan	Dougherty	Foster
Gibbons	Goode	Griesheimer	Gross
Jacob	Kennedy	Klindt	Loudon
Mathewson	Nodler	Russell	Shields
Steelman	Stoll	Wheeler	Yeckel--28
	NAYS--Senators
Kinder	Scott	Vogel--3
	Absent--Senator Quick--1
	Absent with leave--Senators
Cauthorn	DePasco--2

The President declared the bill passed.

The emergency clause was adopted by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Champion	Childers	Clemens	Coleman
Days	Dolan	Dougherty	Foster
Gibbons	Gross	Jacob	Kennedy
Klindt	Loudon	Mathewson	Nodler
Shields	Steelman	Stoll	Wheeler--24
	NAYS--Senators
Griesheimer	Kinder	Scott	Vogel
Yeckel--5
	Absent--Senators
Goode	Quick	Russell--3
	Absent with leave--Senators
Cauthorn	DePasco--2

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

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

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

SB 358, with SCS, introduced by Senator Shields, entitled:

An Act to repeal section 115.073, RSMo, and to enact in lieu thereof one new section relating to general expenses of elections paid by certain political subdivisions.

Was called from the Consent Calendar and taken up.

SCS for SB 358, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 358

An Act to repeal section 115.073, RSMo, and to enact in lieu thereof one new section relating to general expenses of elections paid by certain political subdivisions.

Was taken up.

Senator Shields moved that SCS for SB 358 be adopted, which motion prevailed.

On motion of Senator Shields, SCS for SB 358 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Coleman
Days	Dolan	Dougherty	Foster
Gibbons	Goode	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Nodler	Quick	Russell
Scott	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senators--None
	Absent--Senators
Clemens	Mathewson--2
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

SB 93, introduced by Senator Shields, entitled:

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to sales and use taxes.

Was called from the Consent Calendar and taken up.

On motion of Senator Shields, SB 93 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 447, with SCS, introduced by Senator Bartle, entitled:

An Act to amend chapters 477 and 488, RSMo, by adding thereto two new sections relating to the basic civil legal services fund.

Was called from the Consent Calendar and taken up.

SCS for SB 447, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 447

An Act to amend chapters 477 and 488, RSMo, by adding thereto two new sections relating to the basic civil legal services fund.

Was taken up.

Senator Bartle moved that SCS for SB 447 be adopted.

Senator Shields assumed the Chair.

At the request of Senator Bartle, the motion for adoption of SCS for SB 447 was withdrawn.

At the request of Senator Bartle, the motion for 3rd reading and final passage of SB 447, with SCS, was withdrawn, which placed the bill back on the Calendar.

SB 407, introduced by Senator Klindt, entitled:

An Act to repeal section 376.429, RSMo, and to enact in lieu thereof one new section relating to health insurance coverage for cancer.

Was called from the Consent Calendar and taken up.

On motion of Senator Klindt, SB 407 was read the 3rd time and passed by the following vote:

	YEAS--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	Scott	Shields	Steelman
Stoll	Vogel	Wheeler	Yeckel--32
	NAYS--Senators--None
	Absent--Senator Russell--1
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

Senator Gibbons moved that motion lay on the table, 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

March 21, 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:

Joan L. Berkman, Republican, 180 North Brentwood Boulevard, Clayton, St. Louis, Missouri 63105, as a member of the Missouri Community Service Commission, for a term ending December 15, 2004, 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

March 21, 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:

Thomas J. Carlson, Democrat, 1414 North Benton Avenue, Springfield, Greene County, Missouri 65802, as a member of the Southwest Missouri State University Board of Governors, for a term ending January 1, 2009, and until his successor is duly appointed and qualified; vice, Janice Dye, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 21, 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:

Michael J. Duggan, Republican, 17720 Greystone Terrace, Chesterfield, St. Louis County, Missouri 63005, as a member of the Southwest Missouri State University Board of Governors, for a term ending April 17, 2008, and until his successor is duly appointed and qualified; vice, Daniel Behlmann, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 21, 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:

Willa McCullough, 1225 Old Highway CC, Festus, Jefferson County, Missouri 63028, as a public member of the State Committee of Psychologists, for a term ending August 20, 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

March 21, 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:

Robert E. Thomson, Republican, 325 Clayheath Court, Ballwin, St. Louis County, Missouri 63011, as a member of the Missouri Community Service Commission, for a term ending December 15, 2004, and until his successor is duly appointed and qualified; vice, Robin Greger, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 21, 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:

Cheryl Thruston, 215 Dover Street, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2004, and until her successor is duly appointed and qualified; vice, Michael O'Mara, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 21, 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:

Phyllis A. Washington, Democrat, 7118 East 70th Street, Kansas City, Jackson County, Missouri 64133, as a member of the Southwest Missouri State University Board of Governors, for a term ending January 1, 2009, and until her successor is duly appointed and qualified; vice, Paul Redfearn, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 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:

Christy G. Broce, 7602 Crescent Drive, Raytown, Jackson County, Missouri 64132, as a member of the Children's Trust Fund Board, for a term ending September 15, 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

March 25, 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:

Kimberly C. Carlos, Democrat, 7516 Terrace Street, Kansas City, Jackson County, Missouri 64114, as Chairperson and member of the Missouri Women's Council, for a term ending December 6, 2006, and until her successor is duly appointed and qualified; vice, Katherine Emke, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 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:

John Chapman, Republican, 1256 South Rock Hill Road, Webster Groves, St. Louis County, Missouri 63119, as a member of the Workers' Compensation Determination Review Board, for a term ending March 3, 2006, and until his 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

March 25, 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 L. Else, Democrat, 4308 Northeast Maplegate, Lee's Summit, Jackson County, Missouri 64064, as a member of the Missouri Women's Council, for a term ending December 6, 2005, 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

March 25, 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:

Randall Stephen Jotte M.D., 120 Orchard Avenue, Webster Groves, St. Louis County, Missouri 63119, as a member of the Advisory Committee for 911 Service Oversight, for a term ending April 9, 2007, and until his successor is duly appointed and qualified; vice, Alexander Garza, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 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:

Jacqueline McKinsey, Republican, 2802 South Natural Bridge, Springfield, Greene County, Missouri 65809, as a member of the Missouri Women's Council, for a term ending December 6, 2005, 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

March 25, 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 J. Mehalko, Republican, 1749 Northeast Lake Shore Drive, Lee's Summit, Jackson County, Missouri 64086, as a member of the Elevator Safety Board, for a term ending June 6, 2005, 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

March 25, 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:

Danny Duane Nestleroad, 264 Farm Road 1090, Monett, Barry County, Missouri 65708, as a member of the State Board of Optometry, for a term ending June 30, 2007, and until his successor is duly appointed and qualified; vice, Max Aldrich, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 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:

Scott M. Olson, 809 Cades Cove, Florissant, St. Louis County, Missouri 63031, as a member of the Seismic Safety Commission, for a term ending August 11, 2004, and until his successor is duly appointed and qualified; vice, William Durbin, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 27, 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:

Rebecca A. Buchholz, Republican, 804 Cari Ann Court, Jefferson City, Cole County, Missouri 65109, as a member of the State Board of Health, for a term ending October 13, 2004, and until her successor is duly appointed and qualified; vice, Mary Breckenridge, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 27, 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:

Lai Lily Ko, Democrat, 8900 Chickasaw Drive, Olivette, St. Louis County, Missouri 63132-2311, as a member of the Missouri Community Service Commission, for a term ending December 15, 2005, 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

March 27, 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:

Thomas G. Kolb, 509 Turnberry Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees, for a term ending February 6, 2007, and until his successor is duly appointed and qualified; vice, Neal Gibbons, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 27, 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:

Neil J. Svetanics, 5817 Holly Hills, St. Louis City, Missouri 63109, as a member of the Missouri Fire Safety Advisory Board, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, James Silvernail, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 27, 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:

Kathryn F. Swan, Republican, 3926 Annwood, Cape Girardeau, Cape Girardeau County, Missouri 63701, as a member of the Coordinating Board for Higher Education, for a term ending June 27, 2004, and until her successor is duly appointed and qualified; vice, Mary Findley, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 27, 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:

Beth L. Viviano, 358 Summer Top Lane, Fenton, St. Louis County, Missouri 63026, as a member of the Missouri Family Trust Board of Trustees, for a term ending October 25, 2003, and until her successor is duly appointed and qualified; vice, Robert Fry, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 27, 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:

Richard J. Wilson, Republican, 2032 Tower Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Development Finance Board, for a term ending September 14, 2004, and until his successor is duly appointed and qualified; vice, Tom Rackers, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

REFERRALS

President Pro Tem Kinder referred SCR 16 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

REPORTS OF STANDING COMMITTEES

Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following report:

Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SB 392, begs leave to report that it has considered the same and recommends that the bill do pass.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 457, regarding the Ninetieth Birthday of Faye W. Dooley, Raymore, which was adopted.

COMMUNICATIONS

Senator Gibbons submitted the following:

March 25, 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 approved the Missouri Sportsmen's Caucus at the January 28, 2003 meeting.

Please add the following members to the caucus:

• Otto Bean, Jr.

• Amber Boykins

• Michael G. Corcoran

• Jason Crowell

• Tom Dempsey

• Thomas George

• Catherine Hanaway

• Jeff Harris

• Steve Hobbs

• Van Kelly

• Gayle Kingery

• Fred Kratky

• Denny Merideth

• David Pearce

• Annie Reinhart

• Marilyn Ruestman

• Mike Sager

• Ray Salva

• Charles Schlottach

• Harold Selby

• Michael Spreng

• Jodi Stefanick

• Dan Ward

• Kevin Wilson

• Larry Wilson

• Dennis Wood

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

INTRODUCTIONS OF GUESTS

Senator Clemens introduced to the Senate, Austin Kelly, Norwood; and Austin was made an honorary page.

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

SENATE CALENDAR

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FORTY-FIFTH DAY-TUESDAY, APRIL 1, 2003

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FORMAL CALENDAR

HOUSE BILLS ON SECOND READING