Journal of the Senate

FIRST REGULAR SESSION


TWENTY-FIRST DAY--THURSDAY, FEBRUARY 13, 2003


The Senate met pursuant to adjournment.

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"Love never ends." (I Corinthians 13:8)

Lord God, we know that You have continued to show Your love for us and expect us to love those You have given us to love. On this day and this coming Valentine weekend let us show our love to those who mean so much to us and to show appreciation to those who work with and for us. And help us Lord to show kindness even to those we don't like too much. 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 Stoll offered Senate Resolution No. 167, regarding the Fraternal Order of Eagles Mississippi River Eagles Auxiliary #4341, Crystal City, which was adopted.

Senator Bartle offered Senate Resolution No. 168, regarding Jennifer Trenchard, Lee's Summit, which was adopted.

Senator Days offered Senate Resolution No. 169, regarding Rebekah Bouas, Ferguson, which was adopted.

Senator Foster offered Senate Resolution No. 170, regarding the St. Francis River Band Tribal Council in honor of the Cherokee on the St. Francis River, which was adopted.

THIRD READING OF SENATE BILLS

SS for SCS for SB 30, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 30

An Act to amend chapter 210, RSMo, by adding thereto two new sections relating to missing persons.

Was taken up by Senator Gross.

On motion of Senator Gross, SS for SCS for SB 30 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Coleman Days
Dougherty Foster Gibbons Goode
Griesheimer Gross Kennedy Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--28
NAYS--Senators--None
Absent--Senators
Bland Bray DePasco Dolan
Jacob Quick--6
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 15, introduced by Senator Childers, entitled:

An Act to repeal section 21.183, RSMo, relating to the general assembly, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

On motion of Senator Childers, SB 15 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Coleman
Days Dougherty Foster Gibbons
Griesheimer Gross Jacob Kennedy
Klindt Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--29
NAYS--Senator Kinder--1
Absent--Senators
Bland DePasco Dolan Goode--4
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

SB 112, with SCS, was placed on the Informal Calendar.

At the request of Senator Kinder, SB 13 was placed on the Informal Calendar.

At the request of Senator Kinder, SB 11, with SCS, was placed on the Informal Calendar.

SB 265, with SCS, was placed on the Informal Calendar.

SB 36, with SCS, was placed on the Informal Calendar.

Senator Champion moved that SB 299 and SB 40, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 299 and 40, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 299 and 40

An Act to repeal sections 33.210, 33.270, 33.800, 33.803, 33.805, 33.807, and 33.810, RSMo, and to enact in lieu thereof seven new sections relating to performance-based budgeting.

Was taken up.

Senator Champion moved that SCS for SBs 299 and 40 be adopted, which motion prevailed.

On motion of Senator Champion, SCS for SBs 299 and 40 was declared perfected and ordered printed.

At the request of Senator Nodler, SB 55, with SCS, was placed on the Informal Calendar.

At the request of Senator Champion, SB 217 was placed on the Informal Calendar.

SB 51 was placed on the Informal Calendar.

Senator Klindt moved that SB 436, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 436, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 436

An Act to repeal sections 8.550 and 8.570, RSMo, and to enact in lieu thereof two new sections relating to the tobacco securitization settlement trust fund, with an emergency clause.

Was taken up.

Senator Gross assumed the Chair.

Senator Klindt moved that SCS for SB 436 be adopted.

Senator Klindt offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 436, Page 4, Section 8.570, Line 6, by inserting immediately after the word "the" as it appears the second time on said line the word "net".

Senator Klindt moved that the above amendment be adopted, which motion prevailed.

Senator Quick offered SS for SCS for SB 436, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 436

An Act to appropriate money pursuant to Article IV, Section 27(a), Subsection 5 of the Missouri Constitution and for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds designated for the fiscal period ending June 30, 2003, in order to preserve funds obtained in the tobacco securitization settlement trust fund.

Senator Quick moved that SS for SCS for SB 436 be adopted.

Senator Steelman raised the point of order that SS for SCS for SB 436 is out of order as it goes beyond the title of the original bill.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

Senator Steelman offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 436, Page 1, Section 1, Line 8, by striking the words "Two Hundred" and insert in lieu thereof the following: "One hundred" and further amend line 13, by striking the number "$200,000,000" and inserting in lieu thereof the following: "$100,000,000".

Senator Steelman moved that the above amendment be adopted.

Photographers from KMIZ-TV and KRCG-TV were given permission to take pictures in the Senate Chamber today.

Senator Cauthorn offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 436, Page 1, Section 1, Line 8, by deleting the word "Two Hundred" and inserting in lieu thereof the following: "One hundred fifty" and further amend line 13, by striking the number "$200,000,000" and inserting in lieu thereof the following: "$150,000,000".

Senator Cauthorn moved that the above substitute amendment be adopted.

Senator Jacob requested a roll call vote be taken and was joined in his request by Senators Cauthorn, Coleman, Days and Stoll.

SSA 1 for SA 1 was adopted by the following vote:

YEAS--Senators
Caskey Cauthorn Champion Dolan
Dougherty Gibbons Goode Gross
Kennedy Kinder Klindt Nodler
Quick Scott Steelman Vogel
Yeckel--17
NAYS--Senators
Bartle Bland Bray Childers
Clemens Coleman Days Foster
Griesheimer Jacob Loudon Mathewson
Russell Shields Stoll Wheeler--16
Absent--Senators--None
Absent with leave--Senator DePasco--1

Senator Shields offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 436, Page 1, Section 1, Line 7, by inserting immediately after "Section 1." the following: "Notwithstanding provisions of the Missouri Constitution to the contrary".

Senator Shields moved that the above amendment be adopted.

Senator Mathewson raised the point of order that SS for SCS for SB 436 is out of order because the subject matter contained in the substitute has not been properly presented to the body.

The point of order was referred to the President Pro Tem, who took it under advisement, which placed SB 436, with SCS, SS for SCS and SA 2 (pending), on the Informal Calendar.

SECOND READING OF SENATE BILLS

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

SB 432--Transportation.

SB 433--Judiciary and Civil and Criminal Jurisprudence.

SB 434--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 435--Aging, Families, Mental and Public Health.

SB 437--Ways and Means.

SB 438--Transportation.

SB 439--Economic Development, Tourism and Local Government.

SB 442--Judiciary and Civil and Criminal Jurisprudence.

SB 445--Education.

SB 446--Judiciary and Civil and Criminal Jurisprudence.

SB 447--Judiciary and Civil and Criminal Jurisprudence.

SB 448--Judiciary and Civil and Criminal Jurisprudence.

SB 449--Pensions and General Laws.

SB 450--Ways and Means.

SB 451--Judiciary and Civil and Criminal Jurisprudence.

SB 452--Small Business, Insurance and Industrial Relations.

SB 453--Aging, Families, Mental and Public Health.

SB 454--Aging, Families, Mental and Public Health.

SB 455--Aging, Families, Mental and Public Health.

SB 456--Pensions and General Laws.

SB 457--Judiciary and Civil and Criminal Jurisprudence.

SB 458--Ways and Means.

SB 459--Small Business, Insurance and Industrial Relations.

SB 460--Small Business, Insurance and Industrial Relations.

SB 461--Education.

SB 462--Small Business, Insurance and Industrial Relations.

SB 464--Judiciary and Civil and Criminal Jurisprudence.

SB 465--Judiciary and Civil and Criminal Jurisprudence.

SB 466--Judiciary and Civil and Criminal Jurisprudence.

SB 467--Judiciary and Civil and Criminal Jurisprudence.

SB 468--Judiciary and Civil and Criminal Jurisprudence.

SB 469--Judiciary and Civil and Criminal Jurisprudence.

SB 470--Judiciary and Civil and Criminal Jurisprudence.

SB 471--Judiciary and Civil and Criminal Jurisprudence.

SB 472--Education.

SB 474--Judiciary and Civil and Criminal Jurisprudence.

SB 476--Education.

SB 477--Commerce and the Environment.

SB 478--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 479--Transportation.

SB 480--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 481--Transportation.

SJR 16--Financial and Governmental Organization, Veterans' Affairs and Elections.

SJR 17--Transportation.

RE-REFERRALS

President Pro Tem Kinder re-referred SB 427 to the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections.

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 has taken up and passed HCS for HBs 122 and 80, entitled:

An Act to repeal sections 92.402 and 92.418, RSMo, and to enact in lieu thereof two new sections relating to a public mass transportation system sales tax.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 74, entitled:

An Act to amend chapter 288, RSMo, by adding thereto one new section relating to unemployment reimbursement for Indian tribes in compliance with federal mandate, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 401, entitled:

An Act to repeal sections 8.550 and 8.570, RSMo, and to enact in lieu thereof two new sections relating to the tobacco securitization settlement trust fund, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTION OF BILLS

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

SB 485-By Shields.

An Act to amend chapter 197, RSMo, by adding thereto one new section relating to public hospitals.

SB 486-By Dolan.

An Act to repeal section 379.201, RSMo, and to enact in lieu thereof one new section relating to automobile insurance coverage of loaned vehicles.

SB 487-By Dolan.

An Act to repeal sections 488.2250 and 488.2253, RSMo, and to enact in lieu thereof two new sections relating to fees associated with court reporters.

SB 488-By Dolan.

An Act to repeal section 632.495, RSMo, and to enact in lieu thereof two new sections relating to appellate review of sexually violent predator proceedings.

SB 489-By Dolan.

An Act to repeal section 488.5336, RSMo, and to enact in lieu thereof one new section relating to court costs.

SB 490-By Dolan.

An Act to repeal sections 302.510, 302.530, and 577.041, RSMo, and to enact in lieu thereof three new sections relating to duties of law enforcement officers with respect to alcohol-related traffic offenses.

SB 491-By Scott.

An Act to amend chapter 226, RSMo, by adding thereto one new section relating to contract disputes involving the department of transportation.

SB 492-By Scott.

An Act to repeal section 324.409, RSMo, and to enact in lieu thereof one new section relating to commercial interior designers.

SB 493-By Kennedy.

An Act to repeal sections 191.323 and 191.331, RSMo, and to enact in lieu thereof three new sections relating to genetic screening.

SB 494-By Klindt.

An Act to repeal sections 256.635, 259.190, 260.203, 260.273, 260.330, 260.391, 260.475, 260.479, 260.480, 260.920, 319.123, 414.359, 414.407, 444.370, 444.730, 444.915, 444.960, 640.110, 640.220, 640.665, 640.740, 643.245, 643.350, and 644.055, RSMo, section 307.366 as enacted by conference committee substitute for senate committee substitute for house committee substitute for house bills nos. 603, 722 & 783, ninetieth general assembly, first regular session, and section 307.366 as enacted by conference committee substitute for house substitute for senate substitute for senate committee substitute for senate bill no. 19, ninetieth general assembly, first regular session, and to enact in lieu thereof twenty-three new sections relating to the department of natural resources, with penalty provisions and an emergency clause for a certain section.

SB 495-By Yeckel.

An Act to repeal sections 304.010 and 304.015, RSMo, and to enact in lieu thereof two new sections relating to restrictions on trucks, with penalty provisions.

SB 496-By Yeckel.

An Act to repeal sections 364.030, 364.105, 365.030, 367.140, 367.509, and 408.500, RSMo, and to enact in lieu thereof six new sections relating to the licensing, regulation and activities of lenders.

SB 497-By Yeckel, Kinder and Steelman.

An Act to amend chapter 167, RSMo, by adding thereto three new sections relating to the show-me parental choice tax credit program.

SB 498-By Yeckel.

An Act to repeal sections 494.400, 494.425, 494.430, 494.431, 494.445, 494.450, and 494.460, RSMo, and to enact in lieu thereof eight new sections relating to juries, with penalty provisions.

SB 499-By Bartle.

An Act to repeal section 21.140, RSMo, and to enact in lieu thereof one new section relating to general assembly members salaries, with an emergency clause.

SB 500-By Loudon.

An Act to repeal section 135.327, RSMo, relating to adoption tax credits, and to enact in lieu thereof one new section relating to the same subject.

SJR 18-By Coleman, Days, Bland, Dougherty and Kennedy.

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article IX of the Constitution of Missouri relating to education.

REPORTS OF STANDING COMMITTEES

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 224, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 281, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCS for SBs 299 and 40, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 171, regarding John Hancock, which was adopted.

COMMUNICATIONS

Senator Loudon submitted the following:

February 12, 2003

Terry Spieler

Secretary of the Senate

State Capitol, Room 325

Jefferson City, MO 65101

Secretary of the Senate:

Pursuant to Rule 45 of the Senate Rules, I respectfully request that SB 47 be taken off the consent calendar and sent back to committee as the bill is controversial in nature.

Respectfully submitted,

/s/ John Loudon

John W. Loudon

Senator Jacob submitted the following:

February 13, 2003

Senator Peter Kinder Senator Michael Gibbons Terry L. Spieler

Senate Pro Tem Majority Floor Leader & Secretary of the Senate

State Capitol, Room 326 Rules Committee Chair State Capitol, Room 325

Jefferson City, MO 65101 State Capitol, Room 221 Jefferson City, MO 65101

Jefferson City, MO 65101

Re: SCS/SB 75 (Consent Calendar, Reported 02/10/03)

Written Objection Pursuant to Senate Rule 45

Senators Kinder & Gibbons, Secretary Spieler:

I hereby file written objection to the "consent" status of SCS/SB 75 and direct that said bill be returned to the Senate Committee on Aging, Families, Mental and Public Health, pursuant to Senate Rule 45.

Thank you for your attention to this matter.

Sincerely,

/s/ Ken

Senator Ken Jacob

Senator Gibbons submitted the following:

February 13, 2003

Ms. Terry Spieler

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

Please remove Senate Bill 52 from the Senate Consent Calendar pursuant to Rule 45.

Thank you.

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

President Pro Tem Kinder submitted the following:

February 12, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointments to Commission on the Future of Higher Education

Dear Terry:

I am appointing the following Senators to the Missouri Commission on the Future of Higher Education:

Senator Gary Nodler

Senator Charlie Shields

Senator Rita Days

Senator Ken Jacob

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



Also,



February 13, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointments to Joint Committee on Court Automation

Dear Terry:

Pursuant to Section 476.055, RSMo 2002, I am appointing the following Senators to the Joint Committee on Court Automation:

Senator John T. Russell

Senator Matt Bartle

Senator Rita Days

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter D. Kinder

PETER D. KINDER

President Pro-Tem

INTRODUCTIONS OF GUESTS

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Frank Reiger, III, M.D., Columbia.

On motion of Senator Gibbons, the Senate adjourned until 2:00 p.m., Monday, February 17, 2003.



SENATE CALENDAR

______



TWENTY-SECOND DAY-MONDAY, FEBRUARY 17, 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 440-Steelman

SB 441-Dougherty

SB 444-Shields and Steelman

SB 463-Gross

SB 473-Stoll

SB 475-Jacob

SB 482-Kennedy

SB 483-Gross

SB 484-Shields

SB 485-Shields

SB 486-Dolan



SB 487-Dolan

SB 488-Dolan

SB 489-Dolan

SB 490-Dolan

SB 491-Scott

SB 492-Scott

SB 493-Kennedy

SB 494-Klindt

SB 495-Yeckel

SB 496-Yeckel

SB 497-Yeckel, et al

SB 498-Yeckel

SB 499-Bartle

SB 500-Loudon

SJR 18-Coleman, et al





HOUSE BILLS ON SECOND READING



HCS for HB 185

HB 198-Stevenson, et al

HCS for HBs 122 & 80



HB 74-St. Onge

HB 401-Pratt



THIRD READING OF SENATE BILLS



SCS for SBs 299 & 40-

Champion, et al



INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 11-Kinder and Scott,

with SCS

SB 13-Kinder

SB 18-Yeckel and Cauthorn,

with SCS (pending)

SB 33-Loudon and Scott,

with SS (pending)

SB 36-Klindt and Cauthorn,

with SCS

SB 51-Shields

SB 55-Nodler, with SCS

SB 112-Loudon, with SCS

SB 217-Champion and

Clemens

SB 246-Steelman, et al, with

SCS & SA 1 (pending)

SB 265-Shields and Scott,

with SCS

SB 436-Klindt, with SCS,

SS for SCS, SA 2 &

point of order (pending)

CONSENT CALENDAR



Senate Bills



Reported 2/10



SB 143-Goode

SB 14-DePasco

SB 62-Caskey

SB 68-Childers

SB 101-Caskey

SB 121-Caskey

SB 130-Gross, with SCS

SB 173-Quick

SB 228-Griesheimer

SB 232-Cauthorn

SB 235-Quick

SB 275-Russell

SB 282-Shields

SBs 194 & 189-Scott, with SCS

SB 215-Foster, with SCS

SB 255-Kinder, with SCA 1

SB 266-Shields and Kennedy

SB 63-Caskey

RESOLUTIONS



Reported from Committee



SR 30-Shields, with SCS, SS

for SCS & SA 1 (pending)