Journal of the Senate

FIRST REGULAR SESSION

FIRST EXTRA SESSION


ELEVENTH DAY--TUESDAY, JUNE 17, 2003


The Senate met pursuant to adjournment.

Senator Gross in the Chair.

Reverend Carl Gauck offered the following prayer:

"Give me understanding, and I shall keep your law; I shall keep it with all my heart." (Psalm 119:34)

Merciful God, we pray for wisdom and understanding as we go through days of differing opinions and voices that cry out to us from many corners of the state. Bless us so we might do all You require of us with all our hearts, filled with passion for Your law. 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 Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Vogel Wheeler Yeckel--32
Absent with leave--Senator Stoll--1
Vacancies--1


RESOLUTIONS

Senator Days offered Senate Resolution No. 73, regarding Lieutenant Colonel Uri K. Walker, Pasadena Hills, which was adopted.

Senator Bartle offered Senate Resolution No. 74, regarding Greg Johnson, Blue Springs, which was adopted.

MESSAGES FROM THE HOUSE

The following messages were 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 refuses to adopt SCS for HCS for HB 3 and requests the Senate to recede from its position and failing to do so grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 2. Representatives: Bearden, Lager, Fares, Wilson (42), Graham.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 10. Representatives: Bearden, Lager, Purgason, Wilson (25), El-Amin.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 11, as amended. Representatives: Bearden, Lager, Purgason, Campbell and Brooks.

PRIVILEGED MOTIONS

Senator Russell moved that the Senate refuse to recede from its position on SCS for HCS for HB 3 and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 3: Senators Russell, Gross, Shields, Goode and Dougherty.

On motion of Senator Gibbons, the Senate recessed until 1:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Shields.

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

RESOLUTIONS

Senator Russell offered Senate Resolution No. 75, regarding Mike Ward, Camdenton, which was adopted.

Senator Childers offered Senate Resolution No. 76, regarding the Sixty-fourth Wedding Anniversary of Mr. and Mrs. Richard Flood, Highlandville, which was adopted.

Senators Mathewson, Bartle, Bland, Bray, Caskey, Cauthorn, Champion, Childers, Clemens, Coleman, Days, Dolan, Dougherty, Foster, Gibbons, Goode, Griesheimer, Gross, Jacob, Kennedy, Kinder, Klindt, Loudon, Nodler, Quick, Russell, Scott, Shields, Steelman, Stoll, Vogel, Wheeler and Yeckel offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 77

WHEREAS, there is tremendous sorrow in the hearts of the members of the Missouri Senate as we continue to mourn the passing of our dear friend and long-time colleague, the Honorable Ronnie DePasco, Missouri State Senator of the Eleventh District; and

WHEREAS, Senator DePasco departed this life on Saturday, May 24, 2003, breaking the hearts of those near and dear to him, but leaving his family, community, state, and nation with a priceless treasure of wonderful memories and an impressive legacy of significant achievements guaranteeing a better quality of life for all Missourians; and

WHEREAS, born at St. Joseph Hospital in Kansas City on March 19, 1943, son of Nick DePasco, Jr., and Mildred Anderson DePasco, Senator DePasco received his education at Maple Woods Junior College and went on to distinguish himself through an outstanding record of public service as a highly respected member of the Missouri General Assembly with his initial election to the House of Representatives in 1976 and his subsequent election to the State Senate in 1992, where he rose to excel in his endeavors as Majority Floor Leader and as Assistant Minority Floor Leader; and

WHEREAS, during his twenty-seven year tenure as a hardworking state legislator, Ronnie DePasco tirelessly dedicated himself to the needs of his fellow citizens by giving the most of his time and the best of his ability to realize a wide range of effective legislation regarding Union Station, the Kansas City Police Department, Bartle Hall, Liberty Memorial, Workers Memorial, and military veterans; and

WHEREAS, Senator DePasco provided exceptional leadership to enhance the overall image of such important organizations as the Missouri Peace Officers Association, the Jackson County Industrial Development Authority, Blindsight, the Knights of Columbus, the Sons of Columbus, the Moose Lodge and the Fraternal Order of Eagles, UNICO, the Optimist Club, the Chamber of Commerce, the Democratic Party, the Fifth Congressional District, and Our Lady of Sorrows Catholic Church; and

WHEREAS, Senator DePasco was known, admired, and respected as a kind, warm, and compassionate individual who cared deeply for others and remained devoted to his wife, Martha McAdam DePasco; his children, Carrie and her husband Jaime Hinojosa, and Kelly and Kacie DePasco; his grandchildren, Ryan, Lauren, Alec and Julia; his sisters and brothers-in-law, Linda and Jim Hess, and Marilyn and Bob Daffer; his aunt and uncle, Del and Verlee Harbaugh; his lifelong kindergarten chum, John Deeds; and his legislative staff, Linda Burnett, Ellen Reyez and Amy Thrash:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-second General Assembly, pause in a moment of silent reverie to reflect upon the lifetime of accomplishments realized by Ronnie DePasco in both his personal and his professional life, to express gratitude for having the opportunity to have known him and to have worked with him, and to extend our condolences to the loved ones he has left behind and our hopes and prayers that in time they will find solace and comfort in the good that he had brought about during his brief time on this most precious earth; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the family of the late Senator Ronnie DePasco as an expression of our sincere sympathy.

Senator Cauthorn offered Senate Resolution No. 78, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Robert Clark, Unionville, which was adopted.

Senator Cauthorn offered Senate Resolution No. 79, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. John Riedel, Centralia, which was adopted.

MESSAGES FROM THE HOUSE

The following messages were 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 Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 3. Representatives: Bearden, Lager, Fares, Harris (23) and Fraser.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 2 and has taken up and passed CCS for SCS for HCS for HB 2.

PRIVILEGED MOTIONS

Senator Russell, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 2, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 2

The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 2 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

FOR THE SENATE: FOR THE HOUSE:
/s/ John T. Russell /s/ Carl Bearden
/s/ Charles R. Gross /s/ Brad Lager
/s/ Charlie Shields /s/ Kathlyn Fares
/s/ Wayne Goode /s/ Yvonne S. Wilson
/s/ Pat Dougherty /s/ Chuck Graham

Senator Russell moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Kinder Nodler Russell Shields
Steelman Vogel Yeckel--19
NAYS--Senators
Bland Bray Caskey Days
Jacob Mathewson Quick Wheeler--8
Absent--Senators
Coleman Klindt Loudon Scott--4
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

On motion of Senator Russell, CCS for SCS for HCS for HB 2, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 2

An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Kinder Mathewson Nodler
Russell Shields Steelman Vogel
Wheeler Yeckel--22
NAYS--Senators
Bland Bray Days Jacob
Quick--5
Absent--Senators
Coleman Klindt Loudon Scott--4
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

The President declared the bill passed.

On motion of Senator Russell, title to the bill was agreed to.

Senator Russell moved that the vote by which the bill passed be reconsidered.

Senator Gibbons moved that motion lay on the table, which motion prevailed.

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 adopted the Conference Committee Report on SCS for HCS for HB 3 and has taken up and passed CCS for SCS for HCS for HB 3.

A quorum was established by the following vote:

Present--Senators
Bartle Bland Caskey Cauthorn
Champion Childers Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kinder
Klindt Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Vogel Wheeler Yeckel--28
Absent--Senators
Bray Clemens Coleman--3
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

PRIVILEGED MOTIONS

Senator Russell, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 3, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 3

The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 3 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

FOR THE SENATE: FOR THE HOUSE:
/s/ John T. Russell /s/ Carl Bearden
/s/ Charles R. Gross /s/ Brad Lager
/s/ Charlie Shields /s/ Kathlyn Fares
/s/ Wayne Goode Jeff Harris
/s/ Pat Dougherty /s/ Barbara Fraser

Senator Russell moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Kinder Klindt Loudon Nodler
Russell Scott Shields Steelman
Vogel Yeckel--22
NAYS--Senators
Bland Bray Caskey Coleman
Days Jacob Mathewson Quick
Wheeler--9
Absent--Senators--None
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

On motion of Senator Russell, CCS for SCS for HCS for HB 3, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 3

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs, and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Vogel Yeckel--24
NAYS--Senators
Bland Bray Coleman Days
Jacob Quick Wheeler--7
Absent--Senators--None
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

The President declared the bill passed.

On motion of Senator Russell, title to the bill was agreed to.

Senator Russell moved that the vote by which the bill passed be reconsidered.

Senator Gibbons moved that motion lay on the table, which motion prevailed.

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 adopted the Conference Committee Report on SCS for HCS for HB 10 and has taken up and passed CCS for SCS for HCS for HB 10.

PRIVILEGED MOTIONS

Senator Russell, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 10, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 10

The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 10 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

FOR THE SENATE: FOR THE HOUSE:
/s/ John T. Russell /s/ Carl Bearden
/s/ Charles R. Gross /s/ Brad Lager
/s/ Charlie Shields /s/ Chuck Purgason
/s/ Wayne Goode Vicky Riback Wilson
/s/ Pat Dougherty /s/ Yaphett El-Amin

Senator Russell moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Kinder Klindt Loudon Nodler
Russell Scott Shields Steelman
Vogel Yeckel--22
NAYS--Senators
Bland Bray Caskey Coleman
Days Jacob Mathewson Quick
Wheeler--9
Absent--Senators--None
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

On motion of Senator Russell, CCS for SCS for HCS for HB 10, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 10

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health and Senior Services, and the several divisions and programs thereof, the Missouri Health Facilities Review Committee and the Commission for the Missouri Senior Rx Program to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Vogel Yeckel--24
NAYS--Senators
Bland Bray Coleman Days
Jacob Quick Wheeler--7
Absent--Senators--None
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

The President declared the bill passed.

On motion of Senator Russell, title to the bill was agreed to.

Senator Russell moved that the vote by which the bill passed be reconsidered.

Senator Gibbons moved that motion lay on the table, which motion prevailed.

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 adopted the Conference Committee Report on SCS for HCS for HB 11, as amended, and has taken up and passed CCS for SCS for HCS for HB 11.

PRIVILEGED MOTIONS

Senator Russell, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 11, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 11

The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 11, as amended, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

FOR THE SENATE: FOR THE HOUSE:
/s/ John T. Russell /s/ Carl Bearden
/s/ Charles R. Gross /s/ Brad Lager
/s/ Charlie Shields /s/ Chuck Purgason
/s/ Wayne Goode /s/ Marsha Campbell
Pat Dougherty Sharon Sanders Brooks

Senator Russell moved that the above conference committee report be adopted.

Senator Jacob offered a substitute motion that the Senate refuse to adopt the Conference Committee Report on SCS for HCS for HB 11, as amended, and request the House to grant a further conference; and further request the House to recede from its position on the general relief fund. Senator Jacob requested a roll call vote be taken and was joined in his request by Senators Coleman, Days, Mathewson and Quick.

The substitute motion made by Senator Jacob failed of adoption by the following vote:

YEAS--Senators
Bland Bray Cauthorn Coleman
Days Dougherty Griesheimer Jacob
Mathewson Quick Wheeler--11
NAYS--Senators
Bartle Caskey Champion Childers
Clemens Dolan Foster Gibbons
Goode Gross Kinder Klindt
Loudon Nodler Russell Scott
Shields Steelman Vogel Yeckel--20
Absent--Senators--None
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1


Senator Russell moved that the Conference Committee Report on SCS for HCS for HB 11, as amended, be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Foster Gibbons
Goode Gross Kinder Klindt
Nodler Russell Scott Shields
Steelman Vogel Yeckel--19
NAYS--Senators
Bland Bray Caskey Coleman
Days Dougherty Griesheimer Jacob
Mathewson Quick Wheeler--11
Absent--Senator Loudon--1
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

On motion of Senator Russell, CCS for SCS for HCS for HB 11, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 11

An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Foster
Gibbons Goode Gross Kinder
Klindt Mathewson Nodler Russell
Scott Shields Steelman Vogel
Yeckel--21
NAYS--Senators
Bland Bray Coleman Days
Dougherty Griesheimer Jacob Quick
Wheeler--9
Absent--Senator Loudon--1
Absent with leave--Senators
Kennedy Stoll--2
Vacancies--1

The President declared the bill passed.

On motion of Senator Russell, title to the bill was agreed to.

Senator Russell moved that the vote by which the bill passed be reconsidered.

Senator Gibbons moved that motion lay on the table, which motion prevailed.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

June 16, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointments to the Joint Interim Committee on Judicial Resources

Dear Terry:

Pursuant to Senate Concurrent Resolution 7 (2003), I am appointing the following Senators to the Joint Interim Committee on Judicial Resources:

Senator Matt Bartle, Chairman

Senator Ken Jacob

Senator John Loudon

Please do not hesitate to contact me if you have further questions.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

On motion of Senator Gibbons, the Senate adjourned until 9:30 a.m., Wednesday, June 18, 2003.

SENATE CALENDAR

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TWELFTH DAY-WEDNESDAY, JUNE 18, 2003

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RESOLUTIONS



SCR 1-Mathewson and Caskey