Journal of the Senate

FIRST REGULAR SESSION


SIXTH DAY--THURSDAY, JANUARY 16, 2003


The Senate met pursuant to adjournment.

Senator Childers in the Chair.

Senator Childers offered the following prayer:

Father, as we move through the early days of this session, we ask for Your guidance in our deliberations. We also ask for Your help in our travels as we go back to our homes and families. Be with all those who are working to serve in governing our great land. All this we ask in the name of Jesus. 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
Klindt Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
Absent with leave--Senator Kinder--1

Senator Gibbons announced that photographers from KODE-TV, Joplin, had been given permission to take pictures in the Senate Chamber today.

RESOLUTIONS

Senator Bray offered Senate Resolution No. 34, regarding Philip Alexander Schwarz, St. Louis, which was adopted.

Senator Nodler offered Senate Resolution No. 35, regarding Danny Hensley, Jasper County, which was adopted.

Senator Klindt offered Senate Resolution No. 36, regarding the One Hundredth Birthday of Ethel Otto, Hamilton, which was adopted.

Senator Shields offered Senate Resolution No. 37, regarding the Platte County R-III High School Class 3 State Football Champions, Platte City, which was adopted.

Senator Bartle offered Senate Resolution No. 38, regarding Mary Stacy, Lee's Summit, which was adopted.

INTRODUCTION OF BILLS

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

SB 274-By Caskey.

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to health insurance coverage for children's hearing aids.

SB 275-By Russell.

An Act to repeal section 2, as enacted by senate bill no. 1168, ninety-first general assembly, second regular session, section 2, as enacted by senate committee substitute for house bill no. 1811, ninety-first general assembly, second regular session, and section 3, as enacted by senate bill no. 1041, ninety-first general assembly, second regular session relating to conveyance of property owned by the state.

SB 276-By Jacob.

An Act to repeal sections 160.534 and 313.805, RSMo, and to enact in lieu thereof four new sections relating to the education job retraining fund.

SB 277-By Jacob.

An Act to repeal section 494.430, RSMo, and to enact in lieu thereof one new section relating to jury duty.

SB 278-By Steelman, Griesheimer, Gross, Mathewson, Klindt, Shields, Stoll and Bartle.

An Act to amend chapter 393, RSMo, by adding thereto one new section relating to allowing certain electrical corporations to recover certain costs, with an emergency clause.

SB 279-By Scott.

An Act to amend chapter 700, RSMo, by adding thereto eighteen new sections relating to setup contractors for manufactured housing, with penalty provisions.

SB 280-By Scott, Cauthorn, Yeckel, Klindt, Shields, Childers, Griesheimer, Clemens, Champion, Nodler, Dolan, Vogel, Foster, Russell, Gross, Loudon, Kinder and Gibbons.

An Act to repeal sections 307.178, 383.500, 490.715, 509.290, 510.263, 512.020, 516.105, 537.067, 538.210, and 538.225, RSMo, and to enact in lieu thereof eighteen new sections relating to tort reform.

SB 281-By Shields.

An Act to repeal section 49.370, RSMo, and to enact in lieu thereof one new section relating to the location of county property.

SB 282-By Shields.

An Act to repeal section 64.341, RSMo, and to enact in lieu thereof one new section relating to county facilities.

SB 283-By Klindt.

An Act to repeal section 135.766 as enacted by conference committee substitute for house substitute for house committee substitute for senate committee substitute for senate bill no. 894, ninetieth general assembly, second regular session, and to enact in lieu thereof one new section for the sole purpose of reenacting section 135.766 as repealed by conference committee substitute for house substitute for house committee substitute for senate committee substitute for senate bill no. 894, ninetieth general assembly, second regular session which was held unconstitutional by the Missouri Supreme Court.

SB 284-By Loudon.

An Act to repeal section 105.711, RSMo, and to enact in lieu thereof one new section relating to the legal expense fund.

SB 285-By Dougherty, Kennedy and Days.

An Act to repeal section 313.805, RSMo, and to enact in lieu thereof one new section relating to powers of the gaming commission.

SB 286-By Dougherty, Shields, Coleman and Bray.

An Act to repeal sections 167.031 and 167.051, RSMo, relating to compulsory attendance age for public schools, and to enact in lieu thereof two new sections relating to the same subject.

SB 287-By Childers.

An Act to repeal sections 290.210, 290.220, and 290.230, RSMo, and to enact in lieu thereof three new sections relating to the prevailing wage.

SB 288-By Dolan.

An Act to repeal section 447.040, RSMo, and to enact in lieu thereof one new section relating to lost and found property.

SB 289-By Dolan, Nodler and Gross.

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Trooper Charles P. Corbin memorial highway.

SB 290-By Gross and Steelman.

An Act to amend chapter 393, RSMo, by adding thereto four new sections relating to recovery of certain costs by utilities.

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 15, 2003

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

The following addendum should be made to the appointment of J. Richard Franklin for the Board of Trustees Public School Retirement System, submitted to you on January 13, 2003. Line 5 should be amended to read:

William Wasson, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 15, 2003

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

The following addendum should be made to the appointment of David Eric McClure for Commissioner for the Missouri Division of Finance, submitted to you on January 8, 2003. Line 1 should be amended to read:

David Eric McClure, 1366 South Farm Road 237, Rogersville,

Respectfully submitted,

BOB HOLDEN

Governor

COMMUNICATIONS

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: Appointments to Joint Advisory Committee on Tobacco Securitization

Dear Terry:

Pursuant to Section 8.597, RSMo 2002, I am appointing the following Senators to the Joint Advisory Committee on Tobacco Securitization:

Senator David Klindt, Chairman

Senator Peter Kinder

Senator Anita Yeckel

Senator Ken Jacob

Senator Jim Mathewson

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 Nodler introduced to the Senate, Kent Faddis and Gary Headley, Joplin.

On motion of Senator Gibbons, the Senate adjourned until 10:00 a.m., Tuesday, January 21, 2003.

SENATE CALENDAR

______



SEVENTH DAY-TUESDAY, JANUARY 21, 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 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, et al

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 and Bland

SB 250-Stoll

SB 251-Childers

SB 252-Steelman

SB 253-Steelman, et al

SB 254-Goode and

Mathewson

SB 255-Kinder

SB 256-Goode, et al

SB 257-Steelman

SB 258-Steelman

SB 259-Steelman

SB 260-Stoll and

Mathewson

SB 261-Clemens

SB 262-Clemens

SB 263-Jacob

SB 264-Shields

SB 265-Shields and Scott

SB 266-Shields

SB 267-Shields

SB 268-Loudon and Goode

SB 269-Quick

SB 270-Foster and Dolan

SB 271-Jacob

SB 272-Bland, et al

SB 273-Bland, et al

SB 274-Caskey

SB 275-Russell

SB 276-Jacob

SB 277-Jacob

SB 278-Steelman, et al

SB 279-Scott

SB 280-Scott, et al

SB 281-Shields

SB 282-Shields



SB 283-Klindt

SB 284-Loudon

SB 285-Dougherty, et al

SB 286-Dougherty, et al

SB 287-Childers

SB 288-Dolan

SB 289-Dolan, et al

SB 290-Gross and Steelman

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

SJR 14-Jacob





RESOLUTIONS



To be Referred



SCR 2-Bland