Journal of the Senate

FIRST REGULAR SESSION


NINETEENTH DAY--TUESDAY, FEBRUARY 11, 2003


The Senate met pursuant to adjournment.

Senator Childers in the Chair.

Reverend Carl Gauck offered the following prayer:

"Why do you make me see wrongdoing and look at trouble." (Habakkuk 1:3)

We thank You, O God, for the gift of sight to be able to see the beauty of the world as well as evil that goes on. And we thank You that we are empowered to provide the means to mend brokenness and laws to ensure justice. Provide us clarity of sight and guide us in our decision making. 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 Gross offered Senate Resolution No. 157, regarding Christopher Ryan "Chris" Dill, St. Charles, which was adopted.

Senator Gross offered Senate Resolution No. 158, regarding Christopher Michael "Chris" Mejia, St. Charles, which was adopted.

Senator Steelman offered Senate Resolution No. 159, regarding Mary Ann Durham, Holts Summit, which was adopted.

Senator Cauthorn offered Senate Resolution No. 160, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Okie Bradley, Baring, which was adopted.

Senator Cauthorn offered Senate Resolution No. 161, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Charles Hawn, Monroe City, which was adopted.

Senator Shields moved that SR 30, with SCS, be taken up for adoption, which motion prevailed.

SCS for SR 30 was taken up.

Senator Shields moved that SCS for SR 30 be adopted.

Senator Caskey offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Resolution No. 30, Page 1, Rule 95, Lines 4-7, by deleting all words in bold-face type on said lines.

Senator Caskey moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bartle, Cauthorn, Kennedy and Loudon.

SA 1 was adopted by the following vote:
YEAS--Senators
Bland Bray Caskey Cauthorn
Champion Childers Clemens Coleman
Dougherty Goode Jacob Kennedy
Mathewson Quick Russell Stoll
Wheeler--17
NAYS--Senators
Bartle Dolan Foster Gibbons
Griesheimer Gross Kinder Klindt
Loudon Nodler Scott Shields
Steelman Vogel Yeckel--15
Absent--Senator Days--1
Absent with leave--Senator DePasco--1

Senator Bartle offered SS for SCS for SR 30:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE RESOLUTION NO. 30

Notice of Proposed Rule Change

BE IT RESOLVED by the Senate of the Ninety-second General Assembly, First Regular Session, that Senate Rule 95 be amended to read as follows:

"Rule 95. 1. Notetaking and writing in the Senate Gallery is permissible, but no person shall enter the Senate Gallery with any typewriter or recording device. Laptop computers may be used by members of the senate at their desks, the staff of Senate Research at the Research table and the press at the press table in the Senate Chamber. No person shall take any photograph in the Senate Gallery. Persons with cameras, flash cameras, lights, or other paraphernalia may be allowed to use such devices at committee meetings with the permission of the Chairman as long as they don't prove disruptive to the decorum of the committee. Smoking is not permissible in the Senate Chamber or Gallery, committee rooms, lounge, the hallways, restrooms or elevators.

2. For the purpose of compliance with the Americans with Disabilities Act, the President Pro Tem may designate a portion of the Senate Chamber as handicap accessible and such areas shall not be considered a part of the floor of the Senate for the purposes of section 21.420, RSMo. Persons using such area shall not lobby members of the Senate while going to and from or while using the designated area.".

Senator Bartle moved that SS for SCS for SR 30 be adopted.

Senator Jacob offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Resolution No. 30, Page 1, Rule 95, Line 7, by striking the words "at their desks" and inserting in lieu thereof the words "in the rear gallery".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Shields, SR 30, with SCS, SS for SCS and SA 1 (pending), was placed back on the Resolutions Calendar.

INTRODUCTION OF BILLS

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

SB 472-By Loudon.

An Act to repeal section 163.031, RSMo, and to enact in lieu thereof one new section relating to state school aid to school districts.

SB 473-By Stoll.

An Act to repeal section 620.017, RSMo, and to enact in lieu thereof one new section relating to economic incentives.

SB 474-By Bartle.

An Act to repeal section 488.426, RSMo, and to enact in lieu thereof one new section relating to surcharges in civil case filings.

SB 475-By Jacob.

An Act to amend chapter 313, RSMo, by adding thereto eight new sections relating to funding of higher education with video gaming revenue, with penalty provisions.

SB 476-By Jacob.

An Act to repeal section 172.360, RSMo, and to enact in lieu thereof one new section relating to admission to the state university of Missouri system.

REFERRALS

President Pro Tem Kinder referred SCR 6 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

INTRODUCTION OF BILLS

Senator Gross requested unanimous consent of the Senate to withdraw SB 443, which request was granted.

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

SB 477-By Griesheimer.

An Act to amend chapter 407, RSMo, by adding thereto eleven new sections relating to the motor vehicle extended service contracts act, with penalty provisions and a severability clause.

SB 478-By Gross.

An Act to repeal sections 327.401 and 327.411, RSMo, and to enact in lieu thereof three new sections relating to professional licensing of certain architects.

SB 479-By Gross.

An Act to amend chapter 104, RSMo, by adding thereto one new section relating to department of transportation employees' annual leave.

SB 480-By Dolan.

An Act to repeal sections 334.530, 334.540, 334.550, 334.560, 334.655, 334.660, 334.665, and 334.670, RSMo, and to enact in lieu thereof ten new sections relating to physical therapists.

SB 481-By Dolan.

An Act to repeal section 226.030, RSMo, and to enact in lieu thereof four new sections relating to the transportation accountability act.

SJR 17-By Dolan.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 30 (b) of article IV of the Constitution of Missouri, and adopting one new section in lieu thereof relating to the department of transportation.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

February 10, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Joint Committee on Corrections

Dear Terry:

Pursuant to Section 21.440, RSMo, I am appointing Senator Maida Coleman to the Joint Committee on Corrections.

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 Caskey introduced to the Senate, Connie Stephens, Cass County.

Senator Stoll introduced to the Senate, his wife, Kathy; and Lori Wood, Karen Huskey, Cindy Gastritch, Michelle Hagan and Kim Stewart, teachers from Hillsboro.

Senator Kennedy introduced to the Senate, Tim Ema, St. Louis.

Senator Caskey introduced to the Senate, twenty-three students from Central Missouri State University, Warrensburg.

Senator Loudon introduced to the Senate, Beth Ernst, and students from Garrett School, Hazelwood; and Marissa Fawcett, Anna Poeppelmeier, Danielle Mackiewicz, and Samantha Eilers were made honorary pages.



Senator Jacob introduced to the Senate, the Physician of the Day, Stevan Whitt, M.D., Columbia.

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

SENATE CALENDAR

______



TWENTIETH DAY-WEDNESDAY, FEBRUARY 12, 2003

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS

SB 374-Shields, et al

SB 398-Griesheimer, et al

SB 400-Bray, et al

SB 413-Steelman, et al

SB 432-Cauthorn

SB 433-Yeckel and Gross

SB 434-Yeckel

SB 435-Dolan

SB 437-Yeckel, et al

SB 438-Clemens, et al

SB 439-Steelman

SB 440-Steelman

SB 441-Dougherty

SB 442-Gross and Yeckel

SB 444-Shields and Steelman

SB 445-Shields

SB 446-Bartle

SB 447-Bartle

SB 448-Bartle

SB 449-Bartle

SB 450-Mathewson, et al

SB 451-Loudon

SB 452-Loudon

SB 453-Shields

SB 454-Coleman and Dougherty

SB 455-Dougherty and Shields

SB 456-Kennedy, et al

SB 457-Caskey

SB 458-Childers

SB 459-Loudon

SB 460-Loudon

SB 461-Bray

SB 462-Gross

SB 463-Gross

SB 464-Gibbons

SB 465-Bartle

SB 466-Bartle

SB 467-Bartle

SB 468-Bartle

SB 469-Bartle

SB 470-Bartle

SB 471-Bartle

SB 472-Loudon

SB 473-Stoll

SB 474-Bartle

SB 475-Jacob

SB 476-Jacob

SB 477-Griesheimer

SB 478-Gross

SB 479-Gross

SB 480-Dolan

SB 481-Dolan

SJR 16-Jacob and Coleman

SJR 17-Dolan HOUSE BILLS ON SECOND READING

HCS for HB 185



HB 198-Stevenson, et al THIRD READING OF SENATE BILLS

SS for SCS for SB 30-Gross,

et al

SB 15-Childers

(In Fiscal Oversight) SENATE BILLS FOR PERFECTION

1. SB 33-Loudon and Scott

2. SB 112-Loudon, with SCS

3. SB 13-Kinder

4. SB 11-Kinder and Scott,

with SCS

5. SB 265-Shields and Scott,

with SCS

6. SB 36-Klindt and Cauthorn, with SCS

7. SBs 299 & 40-Champion,

et al, with SCS

8. SB 55-Nodler, with SCS

9. SB 217-Champion and

Clemens

10. SB 51-Shields INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION

SB 18-Yeckel and Cauthorn,

with SCS (pending)

SB 246-Steelman, et al, with

SCS & SA 1 (pending) CONSENT CALENDAR



Senate Bills



Reported 2/10

SB 143-Goode

SB 14-DePasco

SB 47-Kennedy

SB 62-Caskey

SB 68-Childers

SB 101-Caskey

SB 121-Caskey

SB 130-Gross, with SCS

SB 173-Quick

SB 224-Vogel, with SCS

SB 228-Griesheimer

SB 232-Cauthorn

SB 235-Quick

SB 275-Russell

SB 281-Shields

SB 282-Shields



SBs 194 & 189-Scott, with SCS

SB 215-Foster, with SCS

SB 255-Kinder, with SCA 1

SB 52-Shields, with SCS

SB 266-Shields and Kennedy

SB 75-Steelman and Gross,

with SCS

SB 63-Caskey

RESOLUTIONS



Reported from Committee



SR 30-Shields, with SCS, SS

for SCS & SA 1 (pending)