Journal of the Senate

FIRST REGULAR SESSION


TENTH DAY--MONDAY, JANUARY 27, 2003


The Senate met pursuant to adjournment.

Senator Bartle in the Chair.

Reverend Carl Gauck offered the following prayer:

"God opposes the proud, but gives grace to the humble." (1Peter 5:5)

Gracious God, order our footsteps by Your Word and our hearts by Your directing so we may be about the things that we have been elected to do, our conscience clear, and our decisions and lives righteous. 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 23, 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


RESOLUTIONS

Senator Foster offered Senate Resolution No. 80, regarding Jonathan P. Morse, Poplar Bluff, which was adopted.

Senator Russell offered Senate Resolution No. 81, regarding Dan E. Jarvis, Arcadia Valley, which was adopted.

Senator Vogel offered Senate Resolution No. 82, regarding the One Hundredth Birthday of William Harry Kallenbach, which was adopted.

Senator Dougherty offered Senate Resolution No. 83, regarding the Thirtieth Wedding Anniversary of Mr. and Mrs. Allan Cohen, St. Ann, which was adopted.

Senator Vogel offered Senate Resolution No. 84, regarding Gary Hoskins, Jefferson City, which was adopted.

Senator Vogel offered Senate Resolution No. 85, regarding the Ninetieth Birthday of Dr. Thomas W. Nelson, Jefferson City, which was adopted.

Senator Stoll offered Senate Resolution No. 86, regarding the Thirtieth Wedding Anniversary of Mr. and Mrs. Gary Cronin, Festus, which was adopted.

Senator Bland offered Senate Resolution No. 87, regarding Willie McCann, Kansas City, which was adopted.

Senator Gibbons moved that SR 78 be taken up for adoption, which motion prevailed.

On motion of Senator Gibbons, SR 78 was adopted.

CONCURRENT RESOLUTIONS

Senator Jacob offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 4

Relating to approval for the Curators of the University of Missouri to enter into a long-term ground lease of certain real property owned by the University and located in the City of Columbia for the purpose of construction of a hotel/convention center complex on said real property.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

WHEREAS, the Curators of the University of Missouri, a public corporation of the State of Missouri, own certain real property located in the City of Columbia, Boone County, Missouri, more particularly described as follows:

A tract of land being part of the southeast quarter of Section 13, Township 48 North, Range 13 West; part of the southwest quarter of Section 18, Township 48 North, Range 12 West and part of the northwest quarter of Section 19, Township 48 North, Range 12 West in Columbia, Boone County, Missouri.

Starting at the southeast corner of Section 13, Township 48 North, Range 13 West; thence N 1 15'E, along the range line, 104.73 feet to the north right-of-way of Stadium Boulevard (State Route 740), the point of beginning.

From the point of beginning and following said right-of-way N 88 18'W 47.10 feet; thence N 88 54'W 209.92 feet; thence North 44 10'W 85.00 feet; thence 89 06'W 15.50 feet to the east line of Monk Drive; thence N 1 15'E, along said line 737.00 feet to the south line of Hospital Drive; thence S 89 05'E, along said line 140 feet; thence northeasterly, continuing along said line 860 feet; thence easterly, continuing along the south line of Hospital Drive 440 feet to the west line of College Avenue (State Route 763); thence south, along said line 300 feet; thence southwesterly, continuing along the west line of College Avenue being a curve to the right 1130 feet to the north line of Stadium Boulevard; thence northwesterly, along said line being a curve to the left 750 feet to the beginning.

WHEREAS, the Curators of the University of Missouri intend to issue a "Request for Proposals" (RFP) for the construction of a hotel/convention center complex on said property and intend to use the proceeds derived from the lease of a portion of the above described property to the successful respondent toward the construction of a Performing Arts Center to be located on a portion of the described real property for the University of Missouri-Columbia; and

WHEREAS, the Curators of the University of Missouri intend to include all of the following principles in the "Request for Proposals" (RFP) for this University of Missouri-Columbia project:

(1) The University will not own or operate the hotel/convention center complex;

(2) The University intends to lease the real property for a term not to exceed 50 years;

(3) The University intends to encourage as many interested parties as possible to respond to the RFP; and

(4) The University will expect the successful respondent to pay all applicable taxes, including but not limited to personal property and real property taxes as assessed by governmental entities:

NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-second General Assembly, First Regular Session, the House of Representatives concurring therein, hereby approve the Curators of the University of Missouri entering into a long-term ground lease with the successful respondent, as determined by the Curators of the University of Missouri, of the real property described above for the purpose of the construction of a hotel/convention center complex on said real property; and

BE IT FURTHER RESOLVED that this resolution be sent to the Governor for his approval or rejection pursuant to the Missouri Constitution.

Read 1st time.

INTRODUCTION OF BILLS

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

SB 349-By Dougherty, Bray, Coleman, Kennedy, DePasco, Mathewson, Wheeler, Cauthorn, Bland, Quick, Shields, Griesheimer, Days, Dolan and Stoll.

An Act to repeal section 376.429, RSMo, and to enact in lieu thereof one new section relating to health care.

SB 350-By Dougherty, Bray, Dolan, Coleman, Griesheimer, Kennedy, DePasco, Mathewson, Wheeler, Cauthorn, Bland, Quick, Shields, Days and Stoll.

An Act to repeal section 376.1250, RSMo, and to enact in lieu thereof one new section relating to health care.

SB 351-By Dougherty.

An Act to repeal section 194.220, RSMo, and to enact in lieu thereof one new section relating to health care.

SB 352-By Griesheimer.

An Act to amend chapter 565, RSMo, by adding thereto one new section relating to assault committed in a hospital or trauma center, with penalty provisions.

SB 353-By Stoll.

An Act to amend chapter 620, RSMo, by adding thereto nine new sections relating to science and mathematics education.

SB 354-By Stoll.

An Act to repeal section 163.021, RSMo, and to enact in lieu thereof one new section relating to the analysis of state school aid equity and adequacy.

SB 355-By Stoll.

An Act to repeal section 301.020, RSMo, and to enact in lieu thereof one new section relating to the organ donor program, with penalty provisions.

SB 356-By Stoll.

An Act to repeal section 302.171, RSMo, and to enact in lieu thereof one new section relating to organ donations.

SB 357-By Shields.

An Act to repeal section 536.110, RSMo, and to enact in lieu thereof one new section relating to venue in administrative actions involving real property.

SB 358-By Shields.

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.

SB 359-By Childers.

An Act to repeal sections 105.483, 137.073, 160.530, 160.545, 162.081, 163.014, 163.015, 163.021, 163.022, 163.023, 163.025, 163.028, 163.031, 163.032, 163.034, 163.035, 163.161, 163.172, 168.021, 168.500, 168.505, 168.510, 168.515, 168.520, and 171.031, RSMo, and to enact in lieu thereof eleven new sections relating to education, with a referendum clause.

SB 360-By Steelman, Klindt, Cauthorn, Russell and Griesheimer.

An Act to repeal section 444.772, RSMo, and to enact in lieu thereof one new section relating to surface mining permit fees.

SB 361-By Steelman.

An Act to repeal section 260.273, RSMo, relating to waste tires, and to enact in lieu thereof one new section relating to the same subject.

SB 362-By Steelman and Gross.

An Act to amend chapter 196, RSMo, by adding thereto six new sections relating to the tobacco settlement agreement, with penalty provisions and an emergency clause.

SB 363-By Jacob.

An Act to repeal section 313.835, RSMo, and to enact in lieu thereof one new section relating to the distribution of money from the gaming commission fund.

SB 364-By Yeckel.

An Act to repeal sections 408.140 and 408.233, RSMo, and to enact in lieu thereof two new sections relating to charges for processing refused instruments.

SB 365-By Yeckel.

An Act to repeal sections 408.140 and 408.233, RSMo, and to enact in lieu thereof two new sections relating to charges for late payments in certain contracts.

SB 366-By Scott, Steelman, Nodler and Gross.

An Act to amend chapter 393, RSMo, by adding thereto one new section relating to the approval of certain gas and electrical facilities by the public service commission.

SB 367-By Scott.

An Act to repeal sections 313.057 and 313.810, RSMo, and to enact in lieu thereof two new sections relating to licensing requirements, with penalty provisions.

SB 368-By Gibbons.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to license plates.

SB 369-By Gibbons.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to friends of kids with cancer special license plates.

REFERRALS

President Pro Tem Kinder referred SCR 3 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

SECOND READING OF

CONCURRENT RESOLUTIONS

The following Concurrent Resolution was read the 2nd time and referred to the Committee indicated:

HCS for HCR 6--Rules, Joint Rules, Resolutions and Ethics.

SECOND READING OF SENATE BILLS

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

SB 280--Judiciary and Civil and Criminal Jurisprudence.

SB 291--Ways and Means.

SB 292--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 293--Ways and Means.

SB 294--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 295--Economic Development, Tourism and Local Government.

SB 296--Education.

SB 297--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 298--Commerce and the Environment.

SB 300--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 301--Economic Development, Tourism and Local Government.

SB 302--Judiciary and Civil and Criminal Jurisprudence.

SB 303--Aging, Families, Mental and Public Health.

SB 304--Ways and Means.

SB 305--Ways and Means.

SB 306--Aging, Families, Mental and Public Health.

SB 307--Aging, Families, Mental and Public Health.

SB 308--Aging, Families, Mental and Public Health.

SB 309--Ways and Means.

SB 310--Judiciary and Civil and Criminal Jurisprudence.

SB 311--Aging, Families, Mental and Public Health.

SB 312--Judiciary and Civil and Criminal Jurisprudence.

SB 313--Small Business, Insurance and Industrial Relations.

SB 314--Transportation.

SB 315--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 316--Small Business, Insurance and Industrial Relations.

SB 317--Small Business, Insurance and Industrial Relations.

SB 318--Education.

SB 319--Judiciary and Civil and Criminal Jurisprudence.

SB 320--Ways and Means.

SB 321--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 322--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 323--Judiciary and Civil and Criminal Jurisprudence.

SB 324--Small Business, Insurance and Industrial Relations.

SB 325--Education.

SB 326--Ways and Means.

SB 327--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 329--Commerce and the Environment.

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 23, 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:

Lewis C. Chartock, Ph. D., 532 Midvale Avenue, St. Louis, St. Louis County, Missouri 63130, as a member of the Missouri Training and Employment Council, for a term ending August 28, 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

January 23, 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:

Karen L. Daniel, Democrat, 11900 Pennsylvania Street, Kansas City, Jackson County, Missouri 64145, as a member of the Northwest Missouri State University Board of Regents, for a term ending January 1, 2006, and until her successor is duly appointed and qualified; vice, RSMo 174.332.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 23, 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:

James Michael DiPardo, Democrat, 13964 County Road 3630, St. James, Phelps County, Missouri 65559, as a member of the Land Reclamation Commission, for a term ending September 28, 2005, 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

January 23, 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:

Christopher J. Maglio, 2001 West Missouri Street, Kirksville, Adair County, Missouri 63501, as a member of the State Committee of Psychologists, for a term ending August 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

January 23, 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:

David J. Malmo, Republican, 21809 Stone Lea Circle, Sedalia, Pettis County, Missouri 65301, as a member of the State Fair Commission, for a term ending December 29,2004, and until his successor is duly appointed and qualified; vice, Larry Foster, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 23, 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:

Wayne Mueller, 509 Riverchase Circle, Fenton, St. Louis County, Missouri 63026, as a member of the Board of Boiler and Pressure Vessel Rules, for a term ending September 28, 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

January 23, 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:

Nancy Samp, 2411 Beasley Court, Apartment B, Jefferson City, Cole County, Missouri 65101, as a public member of the State Board of Cosmetology, for a term ending August 16, 2006, and until her successor is duly appointed and qualified; vice, John Teale, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 23, 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:

Donald M. Schneider, Republican, 1942 Still Creek Pass, Wildwood, St. Louis County, Missouri 63011, as a member of the Northwest Missouri State University Board of Regents, for a term ending January 1, 2009, and until his successor is duly appointed and qualified; vice, RSMo 174.332.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 23, 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:

Angela Wasson-Hunt, 412 Northwest 43rd Terrace, Kansas City, Clay County, Missouri 64116, as a member of the Kansas City Board of Police Commissioners, for a term ending March 7, 2006, and until her successor is duly appointed and qualified; vice, Dennis Eckold, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

The following message was received from the Governor, which was read:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 27, 2003

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 8, 2003 for your advice and consent:

Robert W. Fry, 4155 Allison Drive, Fulton, Callaway County, Missouri 65251, as a member of the Missouri Family Trust Board of Trustees, for a term ending October 25, 2003, and until his

successor is duly appointed and qualified; vice, Dallas Dickens, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Kinder moved that the above appointment be returned to the Governor pursuant to his request, which motion prevailed.

INTRODUCTIONS OF GUESTS

Senator Gross introduced to the Senate, Mrs. Jean Ehlmann, and students from St. Charles High School, St. Charles.

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

SENATE CALENDAR

______



ELEVENTH DAY-TUESDAY, JANUARY 28, 2003

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 35-Loudon

SB 128-Bland

SB 135-Goode

SB 161-Bland

SB 164-Bland

SB 172-Goode

SB 207-Mathewson

SB 222-Steelman, et al

SB 225-Klindt, et al

SB 241-Yeckel

SB 249-Shields and Bland

SB 253-Steelman, et al

SB 272-Bland, et al

SB 276-Jacob

SB 279-Scott

SB 285-Dougherty, et al

SB 288-Dolan

SB 328-Coleman

SB 330-Caskey

SB 331-Childers

SB 332-Childers and Foster

SB 333-Childers

SB 334-Goode

SB 335-Goode

SB 336-Bray

SB 337-Cauthorn, et al

SB 338-Cauthorn

SB 339-Jacob

SB 340-Wheeler

SB 341-Wheeler

SB 342-Dolan and Quick

SB 343-Dolan

SB 344-Scott

SB 345-Jacob and Vogel

SB 346-Yeckel

SB 347-Loudon, et al

SB 348-Coleman

SB 349-Dougherty, et al

SB 350-Dougherty, et al

SB 351-Dougherty

SB 352-Griesheimer

SB 353-Stoll

SB 354-Stoll

SB 355-Stoll

SB 356-Stoll



SB 357-Shields

SB 358-Shields

SB 359-Childers

SB 360-Steelman, et al

SB 361-Steelman

SB 362-Steelman and Gross

SB 363-Jacob

SB 364-Yeckel

SB 365-Yeckel

SB 366-Scott, et al

SB 367-Scott

SB 368-Gibbons

SB 369-Gibbons

SJR 9-Yeckel

SJR 10-Yeckel

SJR 13-Stoll

SJR 15-Gross, et al



RESOLUTIONS



To be Referred



SCR 4-Jacob