Journal of the Senate

FIRST REGULAR SESSION


TWELFTH DAY--WEDNESDAY, JANUARY 29, 2003


The Senate met pursuant to adjournment.

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"For whoever finds me finds life and receives favor from the Lord." (Proverbs 8:35)

O God, You are wisdom. Our intellect comes from our life experiences, from what we have seen and know. But wisdom comes from You, O God, knowing Your teachings and following Your way. Grant us wisdom to love, seek and serve You with our whole hearts for the time for such is here. 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.

Senator Gibbons announced that photographers from KSDK-TV and KMOV-TV had been given permission to take pictures in the Senate Chamber today.

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 Gross offered Senate Resolution No. 90, regarding Benjamin Scott "Ben" Parsons, St. Peters, which was adopted.

Senator Caskey offered Senate Resolution No. 91, regarding Ian David Ewing, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 92, regarding Patrick Jack Woods, Holden, which was adopted.

Senator Caskey offered Senate Resolution No. 93, regarding Michael Shane Glazier, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 94, regarding Levi Donald Hale, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 95, regarding Mark Andrew Bendorf, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 96, regarding Nathan Joseph "Nate" Collins, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 97, regarding Jeffrey Patrick "Jeff" Hendricks, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 98, regarding Justin Lloyd Hedricks, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 99, regarding Matthew E. Higgins, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 100, regarding Joseph Robert "Joey" Audsley, Warrensburg, which was adopted.

Senator Foster offered Senate Resolution No. 101, regarding Andrew Jackson, Piedmont, which was adopted.

Senator Foster offered Senate Resolution No. 102, regarding Jason Payton, Piedmont, which was adopted.

Senator Foster offered Senate Resolution No. 103, regarding Chad Doolen, Piedmont, which was adopted.

COMMITTEE APPOINTMENTS

President Pro Tem Kinder appointed the following committee: Joint Committee on Legislative Research: Senators Nodler, Chair, Bartle, Gibbons, Gross, Russell, Shields, Bray, Caskey, DePasco and Dougherty.

CONCURRENT RESOLUTIONS

Senator Gross moved that HCS for HCR 6 be taken up for 3rd reading and final passage, which motion prevailed.

HCS for HCR 6, entitled:

An Act rejecting the amount of increase in compensation for public officials as recommended by the Citizen's Commission on Compensation for Elected Officials.

Was taken up.

On motion of Senator Gross, HCS for HCR 6 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Caskey
Cauthorn Champion Childers Clemens
Coleman Days Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Nodler Quick
Scott Shields Steelman Stoll
Vogel Wheeler Yeckel--31
NAYS--Senators--None
Absent--Senators
Mathewson Russell--2
Absent with leave--Senator DePasco--1

The President declared the concurrent resolution passed.

On motion of Senator Gross, title to the concurrent resolution was agreed to.

Senator Gross moved that the vote by which the concurrent resolution passed be reconsidered.

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

INTRODUCTION OF BILLS

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

SB 376-By Caskey.

An Act to repeal section 58.096, RSMo, and to enact in lieu thereof one new section relating to deputy coroners.

SB 377-By Childers.

An Act to amend chapter 538, RSMo, by adding thereto one new section relating to medical malpractice prevention tax, with penalty provisions.

SB 378-By Steelman.

An Act to amend chapter 573, RSMo, by adding thereto one new section relating to adult cabarets, with penalty provisions.

SB 379-By Champion.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to community improvement districts.

SB 380-By Cauthorn.

An Act to repeal section 198.300, RSMo, and to enact in lieu thereof two new sections relating to nursing home districts.

SB 381-By Dolan.

An Act to repeal section 307.020, RSMo, and to enact in lieu thereof one new section relating to the use of headlights.

SB 382-By Dolan.

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

SB 383-By Dolan.

An Act to repeal section 59.330, RSMo, and to enact in lieu thereof one new section relating to recording documents.

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 examined the same and finds that the concurrent resolution has been duly enrolled and that the printed copies furnished the Senators are correct.

President Pro Tem Kinder assumed the Chair.

SIGNING OF CONCURRENT RESOLUTIONS

The President Pro Tem announced that all other business would be suspended and SCR 1, having passed both branches of the General Assembly, would be read at length by the Secretary and, if no objections be made, be signed to the end that it shall have the full force and effect of law. No objections being made, the concurrent resolution was read by the Secretary and signed by the President Pro Tem.

Senator Shields assumed the Chair.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, which were read:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 28, 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 L. Langdon, 766 Highland Avenue, Lexington, Lafayette County, Missouri 64067, as a member of the Coordinating Board for Higher Education, for a term ending June 27, 2008, and until his successor is duly appointed and qualified; vice, Adam Fischer, 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.

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 28, 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:

Robert L. Langdon, 766 Highland Avenue, Lexington, Lafayette County, Missouri 64067, as a member of the Coordinating Board for Higher Education, for a term ending June 27, 2008, and until his successor is duly appointed and qualified; vice, Adam Fischer, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

Senator Childers assumed the Chair.

Senator Shields assumed the Chair.

INTRODUCTIONS OF GUESTS

Senator Kinder introduced to the Senate, Dr. and Mrs. Frank McGinty, Cape Girardeau; and Physicians and Surgeons from the Missouri Academy of Family Physicians, the Missouri State Medical Association and the Missouri Society of Osteopathic Physicians.

Senator Loudon introduced to the Senate, Dr. Eric James, Detra C., Jason and Jasmine Aubert, Maryland Heights; and Girard Aubert, Houston, Texas.

Senator Champion introduced to the Senate, Jerany Jackson, Springfield.

Senator Steelman introduced to the Senate, Dr. and Mrs. Barry Bass, Dr. and Mrs. James Bass, Dr. Tim Martin, Dr. John Hexum, Dr. and Mrs. Sudhir Batcher, Dr. Rachelle Gorrell, Drs. Debbie and Jim McCaul, Dr. Sharon Anderson and Michael Anderson, Rolla.

Senator Cauthorn introduced to the Senate, Terry Mackey, Mexico; and doctors from northeast Missouri.

Senator Cauthorn introduced to the Senate, the Physician of the Day, Dr. Carl R. Kruse, M.D., Palmyra.

Senator Dolan introduced to the Senate, Dr. Delbert Moeller, M.D., Dr. Kevin Weikart, M.D., Dr. John McCallister II, M.D., Dr. Peter Montgomery, M.D., Dr. James Peterson, M.D., Dr. Nancy Mabe, M.D., Dr. J. Stephen Scott, M.D., Dr. Don Mogermann, Dr. Linda C. Steele-Green, M.D., Rev. Ken Green, Dr. Brian Andrews, Dr. Thomas P. Hanley and Dr. John Hamilton, St. Charles County.

Senator Griesheimer introduced to the Senate, Larry and Joy Gerstein, Washington.

Senator Yeckel introduced to the Senate, Meghana Patel, Katie Forand and members of Phi Sigma Pi Honor Fraternity, Kirksville.

Senator Bland introduced to the Senate, Dr. Sharon Harris Baugh, Kansas City.

Senator Kennedy introduced to the Senate, Antoinette Filla and Dr. Flauvis Pernoud, St. Louis; and Dr. John Fitz, Farmington.

On behalf of Senator Shields, the President introduced to the Senate, Dr. Gary Dyer, St. Joseph.

Senator Wheeler introduced to the Senate, Dr. Deborah Jantsch, Kansas City.

On behalf of Senator Jacob and himself, Senator Russell introduced to the Senate, Michael Yoakum, Columbia.

Senator Clemens introduced to the Senate, Mayor Keith Miller, and his son, Christopher, Republic; and Christopher was made an honorary page.

Senator Loudon introduced to the Senate, Dr. Jackie Turner, Dr. Brent Allen, M.D., Dr. Kevin Johnson, Dr. Barry Abramson, Dr. Isabel Rener, Dr. Ronald DeGuerre, Dr. Steven M. Johnson, Dr. Jovita Onavari, Dr. Dan Schwarze, M.D., Dr. Darrell M. Pitt, D.O., Dr. J. Gold, Dr. Seth Barbanell, Dr. Demetrios Politis, D.O., Dr. Daniel Scodary, Dr. Levi Kirkland, Dr. Artun Bhattacharya, M.D., Dr. Eric Whitman, M.D., Dr. Jackie Turner, Dr. James King, M.D., Dr. Marcellus R. Lawrence, M.D., Dr. Christopher S. Pruett, M.D., Dr. Harry Eggleston, M.D. and Dr. William G. Ridgeway, M.D., St. Louis; Dr. G. Koenig, M.D., Florissant; Dr. Barry Miller, D.O., Ellisville; Dr. Andrew Chao, D.O., Dr. Jeffrey Zuke, M.D., Dr. Edmond Cabbabe, M.D., Dr. Daniel Baumann, M.D. and Dr. Suresh Nellore, Town and Country; Dr. Heather Williamson, D.O. and Dr. Stephen Oppenheim, M.D., Creve Coeur; Dr. A. Jafri and Dr. D. Gangasingh, M.D., Bridgeton; Dr. John E. Emmont, D.O. and Dr. Delbert T. Escher, Jr., Ballwin; and Dr. Sidney Bennett, Dr. Elie Azrak, M.D., Dr. Charles Mannis, M.D., Dr. Joe Slimack, Dr. Ravi Johar, Dr. Richard S. Lennend, Dr. Scott Lieberman, M.D., Dr. Adolphus Favoksi, Dr. Robert Heim and Dr. Carrie Morrison, M.D., Chesterfield.



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

SENATE CALENDAR

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THIRTEENTH DAY-THURSDAY, JANUARY 30, 2003

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FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 35-Loudon

SB 172-Goode

SB 241-Yeckel

SB 249-Shields and Bland

SB 253-Steelman, et al

SB 272-Bland, et al

SB 276-Jacob

SB 285-Dougherty, et al

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

SB 370-Foster

SB 371-Foster

SB 372-Yeckel, et al

SB 373-Bartle

SB 374-Shields, et al

SB 375-Steelman

SB 376-Caskey

SB 377-Childers

SB 378-Steelman

SB 379-Champion

SB 380-Cauthorn



SB 381-Dolan

SB 382-Dolan

SB 383-Dolan

SJR 9-Yeckel

SJR 10-Yeckel

SJR 13-Stoll