Journal of the Senate

FIRST REGULAR SESSION


FOURTH DAY--TUESDAY, JANUARY 14, 2003


The Senate met pursuant to adjournment.

Senator Childers in the Chair.

Reverend Carl Gauck offered the following prayer:

"Take delight in the Lord and he will give you the desire of your heart." (Psalm 37:4)

Gracious God, tame our appetites for more than we need and shape our desires according to what, in this sparse time, is truly needed. Calm our hearts by the truth of Your promises, O Lord, and we will be delighted and give You thanks with what we are capable of providing. 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 DePasco Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--34
Absent with leave--Senators--None


RESOLUTIONS

Senator Yeckel offered Senate Resolution No. 17, regarding Dick Walkenbach, Affton, which was adopted.

Senator Yeckel offered Senate Resolution No. 18, regarding the Twentieth Anniversary of the South County Chamber of Commerce, which was adopted.

Senator Yeckel offered Senate Resolution No. 19, regarding Ralph M. Harr, II, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 20, regarding Christine Klinger, Affton, which was adopted.

INTRODUCTION OF BILLS

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

SB 249-By Shields.

An Act to repeal sections 135.478, 135.481, 135.484, 135.487, and 135.530, RSMo, and to enact in lieu thereof five new sections relating to tax credits for distressed communities.

SB 250-By Stoll.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to a law enforcement sales tax, with an emergency clause.

SB 251-By Childers.

An Act to repeal section 144.030, RSMo, and to enact in lieu thereof one new section relating to sales and use tax exemptions.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 1, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

REFERRALS

President Pro Tem Kinder referred SCR 1 to the Committee on Governmental Accountability and Fiscal Oversight.

INTRODUCTION OF BILLS

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

SB 252-By Steelman.

An Act to amend chapter 644, RSMo, by adding thereto three new sections relating to water pollution bonds.

SB 253-By Steelman, Kinder, Shields, Bartle and Mathewson.

An Act to amend chapter 99, RSMo, by adding thereto twenty-one new sections relating to Missouri downtown economic stimulus act.

SB 254-By Goode and Mathewson.

An Act to repeal sections 149.015 and 149.160, RSMo, relating to tax on cigarettes and tobacco products, and to enact in lieu thereof two new sections relating to the same subject, with a referendum clause.

SJR 13-By Stoll.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39 (a) of article III of the Constitution of Missouri relating to bingo, and adopting one new section in lieu thereof relating to the same subject.

COMMUNICATIONS

President Pro Tem Kinder submitted the following hearing schedule:

Committee Schedule

SECOND READING OF SENATE BILLS

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

SB 62--Economic Development, Tourism and Local Government.

SB 63--Judiciary and Civil and Criminal Jurisprudence.

SB 64--Economic Development, Tourism and Local Government.

SB 67--Education.

SB 69--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 70--Aging, Families, Mental and Public Health.

SB 71--Ways and Means.

SB 72--Education.

SB 73--Aging, Families, Mental and Public Health.

SB 74--Small Business, Insurance and In-dustrial Relations.

SB 75--Aging, Families, Mental and Public Health.

SB 76--Ways and Means.

SB 77--Ways and Means.

SB 78--Pensions and General Laws.

SB 79--Ways and Means.

SB 80--Ways and Means.

SB 81--Small Business, Insurance and In-dustrial Relations.

SB 82--Aging, Families, Mental and Public Health.

SB 85--Aging, Families, Mental and Public Health.

SB 86--Small Business, Insurance and In-dustrial Relations.

SB 87--Aging, Families, Mental and Public Health.

SB 88--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 89--Transportation.

SB 90--Transportation.

SB 92--Small Business, Insurance and In-dustrial Relations.

SB 93--Ways and Means.

SB 94--Ways and Means.

SB 95--Ways and Means.

SB 96--Small Business, Insurance and In-dustrial Relations.

SB 97--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 98--Small Business, Insurance and In-dustrial Relations.

SB 99--Economic Development, Tourism and Local Government.

SB 100--Pensions and General Laws.

SB 101--Economic Development, Tourism and Local Government.

SB 102--Agriculture, Conservation, Parks and Natural Resources.

SB 103--Commerce and the Environment.

SB 105--Judiciary and Civil and Criminal Jurisprudence.

SB 106--Education.

SB 107--Pensions and General Laws.

SB 108--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 109--Commerce and the Environment.

SB 110--Aging, Families, Mental and Public Health.

SB 111--Judiciary and Civil and Criminal Jurisprudence.

SB 112--Aging, Families, Mental and Public Health.

SB 114--Small Business, Insurance and In-dustrial Relations.

SB 116--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 117--Transportation.

SB 118--Pensions and General Laws.

SB 119--Small Business, Insurance and In-dustrial Relations.

SB 120--Economic Development, Tourism and Local Government.

SB 121--Economic Development, Tourism and Local Government.

SB 122--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 123--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 124--Ways and Means.

SB 125--Commerce and the Environment.

SB 126--Commerce and the Environment.

SB 127--Commerce and the Environment.

SB 129--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 130--Economic Development, Tourism and Local Government.

SB 131--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 132--Governmental Accountability and Fiscal Oversight.

SB 133--Governmental Accountability and Fiscal Oversight.

SB 134--Transportation.

SB 136--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 137--Small Business, Insurance and In-dustrial Relations.

SB 138--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 139--Ways and Means.

SB 140--Ways and Means.

COMMUNICATIONS

Senator Gibbons submitted the following:

January 14, 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 Senate Republican Caucus.

A list of members is attached.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

Members of the Senate Republican Caucus:

Matt Bartle Peter Kinder

John Cauthorn David Klindt

Norma Champion John Loudon

Doyle Childers Gary Nodler

Dan Clemens John T. Russell

Jon Dolan Delbert Scott

Bill Foster Charles Shields

Michael R. Gibbons Sarah Steelman

John Griesheimer Carl Vogel

Charles Gross Anita Yeckel

Also,

January 14, 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 Senate Democrat Caucus.

A list of members is attached.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

Members of the Senate Democratic Caucus:

Harry Kennedy Pat Dougherty

Maida Coleman Mary Bland

Charles Wheeler Ronnie DePasco

Wayne Goode Rita Days

Ed Quick Ken Jacob

Jim Mathewson Steve Stoll

Joan Bray Harold Caskey

President Pro Tem Kinder submitted the following:

January 13, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to Missouri Ethanol and Other Renewable Fuel Sources Commission

Dear Terry:

Pursuant to Section 414.420, RSMo 2002, I am appointing Senator John Cauthorn to the Missouri Ethanol and Other Renewable Fuel Sources Commission.

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

Also,

January 13, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to Joint Legislative Committee on Administrative Rules

Dear Terry:

Pursuant to Section 536.037, RSMo 2002, I am appointing Senator Chuck Gross to the Joint Legislative Committee on Administrative Rules to replace Senator David Klindt.

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

Also,

January 13, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to Joint Legislative Committee on Public Employee Retirement

Dear Terry:

Pursuant to Section 21.553, RSMo, I am appointing Senator Chuck Gross to the Joint Legislative Committee on Public Employee Retirement to serve as Chairman.

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

Also,

January 13, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to Missouri Tourism Commission

Dear Terry:

Pursuant to Section 620.455, RSMo 2002, I am appointing Senator Chuck Gross to the Missouri Tourism Commission.

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

INTRODUCTIONS OF GUESTS

Senator Champion introduced to the Senate, Joyce Mackney, Jefferson City; and Reggie McElhannon and Nicole Thomas, Springfield.

Senator Griesheimer introduced to the Senate, Gina Schutt, Berger.

Senator Russell introduced to the Senate,

former State Senator Danny Staples, Eminence.

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

SENATE CALENDAR

______



FIFTH DAY-WEDNESDAY, JANUARY 15, 2003

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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 65-Goode and Gross

SB 68-Childers

SB 83-Cauthorn, et al

SB 84-Cauthorn and Klindt

SB 91-Coleman

SB 104-Goode and Dougherty

SB 113-Loudon

SB 115-Dougherty

SB 128-Bland

SB 135-Goode

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

SB 249-Shields

SB 250-Stoll

SB 251-Childers

SB 252-Steelman

SB 253-Steelman, et al

SB 254-Goode and

Mathewson

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

SJR 13-Stoll



RESOLUTIONS



Reported from Committee



SCR 1-Gross, et al

(In GAFO)