Journal of the Senate

SECOND REGULAR SESSION

TWENTY-SIXTH DAY--MONDAY, FEBRUARY 23, 2004

Senator Bartle in the Chair.

Reverend Carl Gauck offered the following prayer:

"Who is wise and understanding among you? Show your good life that your works are done with gentleness born of wisdom." (James 3:13)

Almighty God, as we seek to do Your will this week and lead the good life You require of us, help us to gain the wisdom we need to provide laws that lie gently on our fellow citizens and assist those who are burdened. 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, February 19, 2004, was read and approved.

Photographers from the Associated Press were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1364, regarding Adam Michael Turney, Freeman, which was adopted.

Senator Coleman offered Senate Resolution No. 1365, regarding the late Elaine Mitchell Diggs, St. Louis, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1366, regarding Gerrie Brodeur, Wentzville, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1367, regarding Dr. Jerry Marks, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1368, regarding Marge Parrish, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1369, regarding the Disney Store at Mid Rivers Mall, St. Peters, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1370, regarding the Mental Health Association of Greater St. Louis, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1371, regarding Citizens for Missouri's Children, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1372, regarding Leo Tigue, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1373, regarding Youth In Need, which was adopted.

Senators Gross and Dolan offered Senate Resolution No. 1374, regarding State Representative Carl Bearden, St. Charles, which was adopted.

Senator Gross offered Senate Resolution No. 1375, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Donald Eloff, St. Charles, which was adopted.

Senator Klindt offered Senate Resolution No. 1376, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lloyd Robertson, Bethany, which was adopted.

Senator Caskey offered Senate Resolution No. 1377, regarding Bob Adams, Nevada, which was adopted.

Senator Wheeler offered Senate Resolution No. 1378, regarding Carolyn Jones, R.N., which was adopted.

Senator Kinder offered Senate Resolution No. 1379, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ralph Iseman, Jr., Greenwood, which was adopted.

Senator Nodler offered Senate Resolution No. 1380, regarding the late Jack Wood, Neosho, which was adopted.

Senator Callahan offered Senate Resolution No. 1381, regarding Lucy Alonzo, Kansas City, which was adopted.

Senator Callahan offered Senate Resolution No. 1382, regarding Laura Cain, Independence, which was adopted.

Senator Callahan offered Senate Resolution No. 1383, regarding Allison Faulkner, Kansas City, which was adopted.

Senator Callahan offered Senate Resolution No. 1384, regarding Katie Foster, Kansas City, which was adopted.

Senator Callahan offered Senate Resolution No. 1385, regarding Tayler Hinesley, Kansas City, which was adopted.

Senator Callahan offered Senate Resolution No. 1386, regarding Kendra Nickell, Kansas City, which was adopted.

Senator Callahan offered Senate Resolution No. 1387, regarding Megan Nickell, Kansas City, which was adopted.

CONCURRENT RESOLUTIONS

Senator Klindt offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 41

WHEREAS, the United States Fish and Wildlife Service has mandated that the United States Army Corps of Engineers implement a plan for operating the Missouri River that calls for a "spring rise" and a "summer low flow." This plan would result in an increase in the flow of the Missouri River in the spring when the risk of flooding of bottomland farms is already high. The plan also would result in a reduction of the flow of the Missouri River in the summer of each year, thereby negatively affecting farmers, utilities, and businesses from Omaha to the Gulf of Mexico, purportedly to improve habitat for the pallid sturgeon, an endangered fish; and

WHEREAS, the United States Fish and Wildlife Service has dictated these controversial flow changes primarily to benefit only a short segment of the Missouri River where pallid sturgeon have not even been found in six years of sampling; and

WHEREAS, analyses have shown that low river flows could actually degrade habitat important to the pallid sturgeon in segments of the lower Missouri and Mississippi Rivers where pallid sturgeon have been found in recent years; and

WHEREAS, in the summer months of 2002 and 2003, record low flows on the Missouri River increased transportation costs for Missouri farmers by halting navigation, increased power plant cooling costs for private utilities, increased drinking water treatment costs for public utilities across the state of Missouri, and caused water quality violations with the temperature in the Missouri River exceeding 90 degrees. Despite the economic harm already experienced by Missourians, the United States Fish and Wildlife Service has unilaterally mandated summer low flows during the next two years that are virtually identical to those experienced in 2002 and 2003; and

WHEREAS, while the United States Fish and Wildlife Service has failed to provide sufficient scientific evidence that proves that their mandated "spring rise" and "summer low flow" will improve habitat for the pallid sturgeon, analysis has shown that their proposal will increase the risk of flooding bottomland farms along the Missouri River, will result in economic harm to public and private utilities, and will risk the jobs of those who rely on the Missouri and Mississippi Rivers for their livelihoods; and

WHEREAS, the so-called "drought conservation measures" under consideration by the United States Army Corps of Engineers for inclusion in the Missouri River Master Manual would take away usable water from Missourians by shifting the storage of more water to upstream reservoirs while decreasing the amount of water available for other designated downstream uses; and

WHEREAS, the United States Eighth Circuit Court of Appeals recently affirmed that the dominant functions of the Missouri River Reservoir System are flood control and navigation, with recreation and other interests being secondary uses:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby respectfully request that the President of the United States direct the United States Fish and Wildlife Service and the United States Army Corps of Engineers to develop a plan for operating the Missouri River Reservoir System that will not increase the risk of flooding for bottomland farmers and will not harm the economy of the Midwestern states by failing to provide adequate flows to meet all designated downstream uses on the Missouri and Mississippi Rivers; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the President of the United States, each member of the Missouri Congressional Delegation, the United States Fish and Wildlife Service, and the United States Army Corps of Engineers.

INTRODUCTION OF BILLS

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

SB 1280-By Childers and Foster.

An Act to repeal section 144.020, RSMo, and to enact in lieu thereof one new section relating to taxation, with a referendum clause.

SB 1281-By Childers and Foster.

An Act to repeal section 143.011, RSMo, and to enact in lieu thereof one new section relating to taxation, with a referendum clause.

SB 1282-By Kennedy.

An Act to repeal section 620.1560, RSMo, and to enact in lieu thereof two new sections relating to tax relief for persons assisting disabled citizens.

SB 1283-By Bray.

An Act to repeal section 130.041, RSMo, and to enact in lieu thereof one new section relating to disclosures of expenditures for and against a candidate.

SB 1284-By Clemens.

An Act to repeal section 105.473, RSMo, and to enact in lieu thereof one new section relating to lobbyist reports on proposed legislation supported or opposed by a lobbyist.

SB 1285-By Wheeler.

An Act to repeal section 136.055, RSMo, and to enact in lieu thereof one new section relating to motor vehicle fee offices.

SB 1286-By Loudon.

An Act to repeal sections 167.181 and 210.003, RSMo, and to enact in lieu thereof two new sections relating to immunizations.

SB 1287-By Griesheimer.

An Act to repeal section 105.267, RSMo, and to enact in lieu thereof one new section relating to public officers and employees.

SB 1288-By Vogel.

An Act to repeal sections 381.003, 381.009, 381.015, 381.018, 381.022, 381.025, 381.028, 381.032, 381.035, 381.038, 381.042, 381.045, 381.048, 381.052, 381.055, 381.058, 381.062, 381.065, 381.068, 381.071, 381.072, 381.075, 381.078, 381.085, 381.088, 381.092, 381.095, 381.098, 381.102, 381.105, 381.108, 381.112, 381.115, 381.118, 381.122, 381.125, 381.410 and 381.412, RSMo, and to enact in lieu thereof thirty-eight new sections relating to title insurance.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1229, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1218, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1162, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1048, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1044, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1172, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1007, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 962, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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 992, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Steelman, Chairman of the Committee on Commerce and the Environment, submitted the following reports:

Mr. President: Your Committee on Commerce and the Environment, to which was referred SB 1177, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Commerce and the Environment, to which was referred SB 900, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 900, Page 2, Section 307.366, Line 22, by inserting immediately after the word "years" the following: "or more"; and

Further amend said bill, page 6, section 643.315, line 33, by inserting immediately after the word "years" the following: "or more".

Also,

Mr. President: Your Committee on Commerce and the Environment, to which was referred SB 885, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Foster, Chairman of the Committee on Education, submitted the following reports:

Mr. President: Your Committee on Education, to which was referred SB 945, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Education, to which was referred SB 1087, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 1086, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 1078, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 883, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 966, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Trans-portation, to which was referred SB 757, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 771, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 772, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 788, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 845, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 894, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 899, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 956, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HBs 950 and 948, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 1225, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 1114, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

Senator Steelman moved that SB 1020, SB 889 and SB 869, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SBs 1020, 889 and 869, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1020, 889 and 869

An Act to repeal sections 610.010, 610.011, 610.020, 610.021, 610.022, 610.026, 610.027, 610.029, 610.100, and 610.200, RSMo, and to enact in lieu thereof ten new sections relating to public records.

Was taken up.

Senator Steelman moved that SCS for SBs 1020, 889 and 869 be adopted.

Senator Griesheimer offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 12, Section 610.027, Line 24, by striking "or the member"; and further amend said line by inserting after "shall" the following: ", and the member may,"; and

Further amend said bill, page 17, section 610.100, line 87, by striking "officer or" and further amend said line by inserting after "shall" the following: ", and the officer may,".

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

Senator Mathewson offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 5, Section 610.021, Line 4, by striking the word "imminent".

Senator Mathewson moved that the above amendment be adopted.

Senator Steelman offered SSA 1 for SA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 5, Section 610.021, Line 4, by striking the word "imminent"; and further amend page 6, line 5, by inserting after the word "body" the following: "in which a case has been filed in any court of this state or the United States,".

Senator Steelman moved that the above substitute amendment be adopted.

At the request of Senator Steelman, SB 1020, SB 889 and SB 869, with SCS, SA 2 and SSA 1 for SA 2 (pending), were placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which were referred SS for SCS for SB 1099 and SCS for SJR 44, begs leave to report that it has considered the same and recommends that the bills do pass.

SECOND READING OF SENATE BILLS

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

SB 1259--Economic Development, Tourism and Local Government.

SB 1260--Judiciary and Civil and Criminal Jurisprudence.

SB 1261--Small Business, Insurance and Industrial Relations.

SB 1264--Pensions and General Laws.

SB 1265--Judiciary and Civil and Criminal Jurisprudence.

SB 1266--Small Business, Insurance and Industrial Relations.

SB 1267--Commerce and the Environment.

SB 1268--Economic Development, Tourism and Local Government.

SB 1269--Economic Development, Tourism and Local Government.

SB 1270--Transportation.

SB 1271--Aging, Families, Mental and Public Health.

SB 1272--Aging, Families, Mental and Public Health.

SB 1273--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1274--Aging, Families, Mental and Public Health.

SB 1275--Ways and Means.

SB 1276--Ways and Means.

SB 1277--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1278--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1279--Aging, Families, Mental and Public Health.

SJR 47--Agriculture, Conservation, Parks and Natural Resources.

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

February 19, 2004

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:

Jerry W. Divin, Democrat, 1359 East 470th Road, Bolivar, Polk County, Missouri 63613, as a member of the State Fair Commission, for a term ending December 29, 2007, 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

February 19, 2004

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:

Nancy J. Headrick, 3428 Shermans Hollow, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2006, and until her successor is duly appointed and qualified; vice, Ronald Vessell, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 19, 2004

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:

Jeffery A. Kerr, D.O., Republican, 11851 Arbor Circle, Rolla, Phelps County, Missouri 65401, as a member of the State Board of Senior Services, for a term ending August 30, 2007, 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

February 19, 2004

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:

Elizabeth M. "Betty" Linke, Republican, 114 Alden Street, Troy, Lincoln County, Missouri 63379, as a member of the State Fair Commission, for a term ending December 29, 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

February 19, 2004

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:

Judy C. Logan, Democrat, P.O. Box 224, Vienna, Maries County, Missouri 65582, as a member of the Missouri Public Entity Risk Management Board of Trustees, for a term ending July 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

February 19, 2004

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:

Fernando A. McGregor, Democrat, 3328 South Cochise Avenue, Independence, Jackson County, Missouri 64057-1856, as a member of the Missouri Board for Respiratory Care, for a term ending April 3, 2004, and until his successor is duly appointed and qualified; vice, Mark Jackson, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 19, 2004

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:

Jacquelyn C. Moore, 6044 E. 129th Street, Grandview, Jackson County, Missouri 64030, as a member of the Commission for the Missouri Senior Rx Program, for a term ending November 8, 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

February 19, 2004

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 M. Robuck, Democrat, 418 Crystal View Terrace, Jefferson City, Cole County, Missouri 65109, as a member of the State Banking Board, for a term ending August 28, 2007, 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

February 19, 2004

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:

Linda Sher, 10859 Rondelay, St. Louis, St. Louis County, Missouri 63141, as a member of the Missouri State Advisory Council on Pain and Symptom Management, for a term ending February 1, 2006, and until her successor is duly appointed and qualified; vice, RSMo. 192.350.

Respectfully submitted,

BOB HOLDEN

Governor

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

MESSAGES FROM THE HOUSE

The following message was received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1040, entitled:

An Act to repeal sections 160.261, 160.518, 160.570, 162.261, 163.036, 167.031, 167.051, 171.031, and 210.145, RSMo, and to enact in lieu thereof fourteen new sections relating to education accountability, with an emergency clause for a certain section.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and ordered printed:

SB 1289-By Kennedy and Gibbons.

An Act to repeal section 67.653, RSMo, and to enact in lieu thereof one new section relating to the powers of the St. Louis Regional Convention and Sports Complex Authority and its commissioners.

INTRODUCTIONS OF GUESTS

Senator Klindt introduced to the Senate, Eldon Prewitt, Kearney.

On behalf of Senator Bartle, the President introduced to the Senate, his daughter, Betsy, Lee's Summit; and Betsy was made an honorary page.

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

SENATE CALENDAR

______

TWENTY-SEVENTH DAY-TUESDAY, FEBRUARY 24, 2004

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/9

Reported 2/16

Reported 2/23

House Bills

Reported 2/23

HCS for HBs 950 & 948 (Childers)

RESOLUTIONS

To be Referred

Reported from Committee