Journal of the Senate

FIRST REGULAR SESSION


THIRD DAY--MONDAY, JANUARY 13, 2003


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Common sense in an uncommon degree is what the world calls wisdom." (Coleridge)

Gracious Lord, we work this session, in a time, that will call forth an uncommon degree of common sense. So we ask that You bless us with wisdom that we might begin the tough challenge that confronts us. And we ask please to guide us along the path of righteousness that what we accomplish is in keeping with Your will. 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 9, 2003, 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 Scott offered Senate Resolution No. 10, regarding Aileen Pippins, Wheatland, which was adopted.

Senator Scott offered Senate Resolution No. 11, regarding the One Hundredth Birthday of Mary Belle Cook, Humansville, which was adopted.

Senator Gibbons offered Senate Resolution No. 12, regarding the Repertory Theatre, St. Louis, which was adopted.

Senator Quick offered Senate Resolution No. 13, regarding Sue E. Merrell, Kansas City, which was adopted.

Senators Wheeler, Bartle, Bland, DePasco, Quick and Caskey offered Senate Resolution No. 14, regarding the death of James H. Hale, Savoy, Texas, which was adopted.

Senator Mathewson offered Senate Resolution No. 15, regarding Peggy Studley, New Franklin, which was adopted.

Senator Mathewson offered Senate Resolution No. 16, regarding Corrections Officer II Bruce Studley, New Franklin, which was adopted.

INTRODUCTION OF BILLS

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

SB 238-By Caskey.

An Act to repeal sections 72.080 and 72.130, RSMo, and to enact in lieu thereof two new sections relating to incorporation of cities, with an emergency clause.

SB 239-By Mathewson and Scott.

An Act to authorize the governor to convey a tract of land owned by the state in the county of Pettis to the Sedalia School District Foundation.

SB 240-By Mathewson.

An Act to repeal section 301.4000, RSMo, and to enact in lieu thereof two new sections relating to specialized license plates.

SB 241-By Yeckel.

An Act to amend chapter 71, RSMo, by adding thereto one new section relating to police officer residency requirements.

SB 242-By Yeckel.

An Act to amend chapter 512, RSMo, by adding thereto one new section relating to supersedeas bond requirements.

SB 243-By Yeckel.

An Act to amend chapter 37, RSMo, by adding thereto two new sections relating to the creation of the property preservation fund.

SB 244-By Russell and Vogel.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to sales taxes for financing an exhibition center and recreational facilities.

SB 245-By Shields and Bartle.

An Act to repeal sections 160.534 and 164.303, RSMo, and to enact in lieu thereof three new sections relating to gambling moneys for schools.

SB 246-By Steelman, Gross, Dougherty and Klindt.

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

SB 247-By Dolan.

An Act to repeal sections 169.050, 169.056, 169.070, 169.570, 169.577, 169.590, 169.650, 169.655, and 169.670, RSMo, and to enact in lieu thereof twelve new sections relating to the public school retirement system.

SB 248-By Gross and Goode.

An Act to repeal section 287.845, RSMo, and to enact in lieu thereof two new sections relating to the administrative law judges and legal advisors retirement system.

Senator Loudon requested unanimous consent of the Senate to withdraw SB 192, which request was granted.

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 13, 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:

J. Richard Franklin, 18005 Cheyenne Drive, Independence, Jackson County, Missouri 64056, as a member of the Board of Trustees Public School Retirement System, for a term ending January 13, 2007, and until his successor is duly appointed and qualified; vice, Lynn Harmon, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 10, 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:

Carson Ross, 3305 Park Lane, Blue Springs, Jackson County, Missouri 64015, as a member of the Missouri Veterans' Commission, for a term ending November 2, 2004, and until his successor is duly appointed and qualified; vice, Reginald Bassa, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

COMMITTEE APPOINTMENTS

President Pro Tem Kinder submitted the following standing committee appointments:

AGING, FAMILIES, MENTAL AND PUBLIC HEALTH

Shields, Chair

Champion, Vice-chair

Clemens

Dolan

Steelman

Bland

Dougherty

Kennedy

Wheeler



AGRICULTURE, CONSERVATION, PARKS AND NATURAL RESOURCES

Klindt, Chair

Cauthorn, Vice-chair

Clemens

Foster

Griesheimer

Scott

Caskey

Coleman

Kennedy

Wheeler



APPROPRIATIONS

Russell, Chair

Gross, Vice-chair

Champion

Childers

Foster

Nodler

Shields

Yeckel

Bland

Bray

Coleman

Dougherty

Goode



COMMERCE AND THE ENVIRONMENT

Steelman, Chair

Griesheimer, Vice-chair

Bartle

Gross

Klindt

Shields

Dougherty

Goode

Mathewson

Stoll



ECONOMIC DEVELOPMENT, TOURISM AND LOCAL GOVERNMENT

Childers, Chair

Griesheimer, Vice-chair

Champion

Nodler

Vogel

Kennedy

Mathewson

Stoll

Wheeler



EDUCATION

Foster, Chair

Shields, Vice-chair

Bartle

Childers

Loudon

Steelman

Yeckel

Caskey

Days

Goode

Jacob

Stoll



FINANCIAL AND GOVERNMENTAL ORGANIZATION, VETERANS' AFFAIRS AND ELECTIONS

Yeckel, Chair

Gross, Vice-chair

Bartle

Dolan

Foster

Scott

Bland

Coleman

Days

Mathewson



GOVERNMENTAL ACCOUNTABILITY AND FISCAL OVERSIGHT

Cauthorn, Chair

Nodler, Vice-chair

Gross

Loudon

Steelman

Goode

Jacob

Mathewson

Quick

JUDICIARY AND CIVIL AND CRIMINAL JURISPRUDENCE

Bartle, Chair

Loudon, Vice-chair

Dolan

Kinder

Yeckel

Caskey

Goode

Jacob

Wheeler



PENSIONS AND GENERAL LAWS

Scott, Chair

Gross, Vice-chair

Clemens

Kinder

Klindt

Jacob

Kennedy

Quick



SMALL BUSINESS, INSURANCE AND INDUSTRIAL RELATIONS

Loudon, Chair

Cauthorn, Vice-chair

Bartle

Clemens

Klindt

Scott

Vogel

Days

DePasco

Dougherty

Kennedy

Stoll



TRANSPORTATION

Dolan, Chair

Scott, Vice-chair

Cauthorn

Griesheimer

Nodler

Russell

Bray

Days

DePasco

Goode

Stoll

WAYS AND MEANS

Vogel, Chair

Clemens, Vice-chair

Cauthorn

Griesheimer

Bray

Caskey

Jacob



SECOND READING OF SENATE BILLS

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

SB 1--Transportation.

SB 2--Small Business, Insurance and Industrial Relations.

SB 3--Economic Development, Tourism and Local Government.

SB 4--Transportation.

SB 5--Judiciary and Civil and Criminal Jurisprudence.

SB 6--Judiciary and Civil and Criminal Jurisprudence.

SB 7--Economic Development, Tourism and Local Government.

SB 8--Ways and Means.

SB 9--Transportation.

SB 10--Commerce and the Environment.

SB 11--Ways and Means.

SB 12--Pensions and General Laws.

SB 13--Judiciary and Civil and Criminal Jurisprudence.

SB 14--Economic Development, Tourism and Local Government.

SB 16--Economic Development, Tourism and Local Government.

SB 18--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 19--Ways and Means.

SB 20--Ways and Means.

SB 21--Judiciary and Civil and Criminal Jurisprudence.

SB 22--Judiciary and Civil and Criminal Jurisprudence.

SB 23--Small Business, Insurance and Industrial Relations.

SB 24--Aging, Families, Mental and Public Health.

SB 25--Commerce and the Environment.

SB 26--Ways and Means.

SB 27--Ways and Means.

SB 28--Governmental Accountability and Fiscal Oversight.

SB 29--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 30--Pensions and General Laws.

SB 31--Education.

SB 32--Small Business, Insurance and In-dustrial Relations.

SB 33--Small Business, Insurance and In-dustrial Relations.

SB 34--Judiciary and Civil and Criminal Jurisprudence.

SB 36--Agriculture, Conservation, Parks and Natural Resources.

SB 37--Pensions and General Laws.

SB 38--Agriculture, Conservation, Parks and Natural Resources.

SB 39--Judiciary and Civil and Criminal Jurisprudence.

SB 40--Governmental Accountability and Fiscal Oversight.

SB 41--Education.

SB 42--Aging, Families, Mental and Public Health.

SB 43--Aging, Families, Mental and Public Health.

SB 45--Aging, Families, Mental and Public Health.

SB 46--Ways and Means.

SB 47--Economic Development, Tourism and Local Government.

SB 48--Small Business, Insurance and In-dustrial Relations.

SB 49--Judiciary and Civil and Criminal Jurisprudence.

SB 50--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 52--Ways and Means.

SB 54--Commerce and the Environment.

SB 56--Education.

SB 57--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 58--Commerce and the Environment.

SB 59--Judiciary and Civil and Criminal Jurisprudence.



SB 60--Small Business, Insurance and In-dustrial Relations.

Senator Bray requested unanimous consent of the Senate to withdraw SB 229, which requested was granted.

The Senate paused in a moment of silence in recognition of the late Representative David Reynolds.

INTRODUCTIONS OF GUESTS

Senator Kennedy introduced to the Senate, Samantha Acquisto, Columbia.

Senator Kinder introduced to the Senate, Dr. Dan Obermark, Sikeston.

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

SENATE CALENDAR

______



FOURTH DAY-TUESDAY, JANUARY 14, 2003

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 15-Childers

SB 17-Childers

SB 35-Loudon

SB 44-Dougherty

SB 51-Shields

SB 53-Shields and Nodler

SB 55-Nodler

SB 61-Caskey

SB 62-Caskey

SB 63-Caskey

SB 64-Goode and Gross

SB 65-Goode and Gross

SB 67-Childers

SB 68-Childers

SB 69-Yeckel

SB 70-Yeckel

SB 71-Yeckel

SB 72-Bland

SB 73-Bland

SB 74-Bland

SB 75-Steelman and Gross

SB 76-Gross

SB 77-Gross

SB 78-Gross

SB 79-Loudon

SB 80-Loudon

SB 81-Loudon

SB 82-Klindt

SB 83-Cauthorn, et al

SB 84-Cauthorn and Klindt

SB 85-Dougherty

SB 86-Dougherty

SB 87-Dougherty

SB 88-Kennedy

SB 89-Kennedy

SB 90-Kennedy

SB 91-Coleman

SB 92-Coleman

SB 93-Shields

SB 94-Shields

SB 95-Shields

SB 96-Russell

SB 97-Russell

SB 98-Russell

SB 99-Caskey

SB 100-Caskey

SB 101-Caskey

SB 102-Goode

SB 103-Goode

SB 104-Goode and

Dougherty

SB 105-Bland

SB 106-Bland

SB 107-Bland

SB 108-Gross

SB 109-Gross

SB 110-Gross, et al

SB 111-Loudon

SB 112-Loudon

SB 113-Loudon

SB 114-Dougherty

SB 115-Dougherty

SB 116-Shields and Gross

SB 117-Shields

SB 118-Shields

SB 119-Russell

SB 120-Caskey

SB 121-Caskey

SB 122-Caskey

SB 123-Goode

SB 124-Goode

SB 125-Goode

SB 126-Bland

SB 127-Bland

SB 128-Bland

SB 129-Gross

SB 130-Gross

SB 131-Gross

SB 132-Loudon

SB 133-Loudon

SB 134-Loudon

SB 135-Goode

SB 136-Goode

SB 137-Goode

SB 138-Bland

SB 139-Bland

SB 140-Bland

SB 141-Gross

SB 142-Goode and Days

SB 143-Goode

SB 144-Goode

SB 145-Bland

SB 146-Bland

SB 147-Bland

SB 148-Goode

SB 149-Bland

SB 150-Bland

SB 151-Bland

SB 152-Bland

SB 153-Bland

SB 154-Bland

SB 155-Bland

SB 156-Bland

SB 157-Bland

SB 158-Bland

SB 159-Bland

SB 160-Bland

SB 161-Bland

SB 162-Bland

SB 163-Bland

SB 164-Bland

SB 165-Bland

SB 166-Bland

SB 167-Russell

SB 168-Quick

SB 169-Quick

SB 170-Quick

SB 171-Loudon

SB 172-Goode

SB 173-Quick

SB 174-Childers

SB 175-Loudon

SB 176-Wheeler

SB 177-Wheeler

SB 178-Bland

SB 179-Bland

SB 180-Bland

SB 181-Cauthorn

SB 182-Cauthorn, et al

SB 183-Dougherty

SB 184-Bartle

SB 185-Wheeler

SB 186-Cauthorn

SB 187-Yeckel

SB 188-Cauthorn, et al

SB 189-Loudon

SB 190-Loudon

SB 191-Bartle

SB 193-Loudon

SB 194-Scott

SB 196-Scott

SB 197-DePasco

SB 198-Caskey

SB 199-Childers

SB 200-Bland

SB 201-Steelman

SB 202-Childers

SB 203-Bartle

SB 204-Yeckel, et al

SB 205-Gross and Yeckel

SB 206-Champion

SB 207-Mathewson

SB 208-Mathewson

SB 209-Steelman, et al

SB 210-Steelman

SB 211-Cauthorn

SB 212-Bartle

SB 213-Bartle

SB 214-Bartle

SB 215-Foster

SB 216-Foster

SB 217-Champion and

Clemens

SB 218-Goode, et al

SB 219-Steelman

SB 220-Bartle

SB 221-Steelman and Gross

SB 222-Steelman, et al

SB 223-Foster

SB 224-Vogel

SB 225-Klindt, et al

SB 226-Klindt and

Cauthorn

SB 227-Cauthorn

SB 228-Griesheimer

SB 230-Bray

SB 231-Caskey

SB 232-Cauthorn

SB 233-Foster

SB 234-Quick

SB 235-Quick

SB 236-DePasco and Loudon

SB 237-Russell, et al

SB 238-Caskey

SB 239-Mathewson and

Scott

SB 240-Mathewson

SB 241-Yeckel

SB 242-Yeckel

SB 243-Yeckel

SB 244-Russell and Vogel

SB 245-Shields and Bartle

SB 246-Steelman, et al

SB 247-Dolan

SB 248-Gross and Goode

SJR 1-Bland

SJR 2-Bland



SJR 3-Gross

SJR 4-Cauthorn

SJR 5-Bland

SJR 6-Bartle

SJR 7-Loudon

SJR 8-Bartle

SJR 9-Yeckel

SJR 10-Yeckel

SJR 11-Bartle

SJR 12-Mathewson and

Goode