Journal of the Senate

FIRST REGULAR SESSION


TWENTY-SIXTH DAY--MONDAY, FEBRUARY 24, 2003


The Senate met pursuant to adjournment.

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"I like the dreams of the future better than the history of the past." (Thomas Jefferson, 1816)

Gracious God, many are saying that what the legislative body does this year will determine the future of Missouri for years to come and we come fully mindful of this responsibility. Bless us with the wisdom we must have to determine a faithful course for our people and this state. And grant us faithfulness to follow Your lead. 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.

Senator Gibbons moved that the Senate Journal for Thursday, February 20, 2003, be corrected on Page 278, Column 1, Line 24, by inserting after said line the following:

"SB 552-By Yeckel.

An Act to repeal section 513.430, RSMo, and to enact in lieu thereof one new section relating to property exempt from attachment.", which motion prevailed.

The Journal for Thursday, February 20, 2003, was read and approved, as corrected.

Photographers from KSPR-TV, Springfield, were 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 Childers offered Senate Resolution No. 205, regarding Kody Robert Rein, Branson, which was adopted.

Senator Mathewson offered Senate Resolution No. 206, regarding Billy Joe Homan, Syracuse, which was adopted.

Senator Childers offered Senate Resolution No. 207, regarding the Aid-Hodgson Mill, Sycamore, which was adopted.

Senator Wheeler offered Senate Resolution No. 208, regarding the Terminal Railway Company Roundhouse Complex, Kansas City, which was adopted.

Senator Coleman offered Senate Resolution No. 209, regarding Guy Slay, St. Louis, which was adopted.

Senator Coleman offered Senate Resolution No. 210, regarding the Landmarks Association, St. Louis, which was adopted.

Senator Cauthorn offered Senate Resolution No. 211, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Carl Hathaway, Palmyra, which was adopted.

Senator Yeckel offered Senate Resolution No. 212, regarding Sean Patrick Harrison, St. Louis, which was adopted.

CONCURRENT RESOLUTIONS

Senators Gross, Kennedy and Bartle offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 7

WHEREAS, the State of Missouri is currently facing a budget crisis and has limited resources for state spending; and

WHEREAS, the General Assembly is a co-equal branch of state government and is responsible for the appropriation of state funds for various governmental entities; and

WHEREAS, the public expects and requires the General Assembly to ensure that state resources are being used as efficiently and effectively as possible; and

WHEREAS, the General Assembly is responsible for the appropriation of funds to support the operation of the forty-five judicial circuits of this state; and

WHEREAS, the General Assembly has a duty to ensure that funds appropriated to the forty-five judicial circuits are being used efficiently and effectively:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, First Regular Session, the House of Representatives concurring therein, hereby establish the Joint Interim Committee on Judicial Resources in Missouri; and

BE IT FURTHER RESOLVED that the Committee shall be composed of five members of the Senate, to be appointed by the President Pro Tem of the Senate, and five members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; and

BE IT FURTHER RESOLVED that the Committee shall conduct a comprehensive analysis of the fiscal activities of the state's forty-five judicial circuits, including an examination of the caseload of each circuit judge and associate circuit judge, and make any recommendations for improving the efficiency and effectiveness of the judicial circuits; and

BE IT FURTHER RESOLVED that the Committee be authorized to hold hearings as it deems advisable, and may solicit any input or information necessary to fulfill its obligations from the Office of State Courts Administrator, any judicial circuit within the state and the Missouri Bar; and

BE IT FURTHER RESOLVED that the staffs of House Research, Senate Research and the Committee on Legislative Research shall provide such legal, research, clerical, technical and bill drafting services as the Committee may require in the performance of its duties; and

BE IT FURTHER RESOLVED that the Committee, its members, and any staff personnel assigned to the Committee shall receive reimbursement for their actual and necessary expenses incurred in attending meetings of the Committee or any subcommittee thereof; and

BE IT FURTHER RESOLVED that the Committee report its recommendations and findings to the Missouri General Assembly by January 1, 2004, and the authority of such Committee shall terminate on December 31, 2003; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the President Pro Tem of the Senate, the Speaker of the House of Representatives, the office of the State Courts Administrator, each judicial circuit in the state, and the Missouri Bar Association.

INTRODUCTION OF BILLS

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

SB 558-By Klindt.

An Act to repeal sections 217.305 and 217.380, RSMo, and to enact in lieu thereof three new sections relating to the department of corrections.

SB 559-By Klindt.

An Act to repeal section 43.060, RSMo, and to enact in lieu thereof one new section relating to the state highway patrol.

SB 560-By Childers.

An Act to repeal sections 640.100, 640.115, 640.131, 640.605, 640.615, and 640.620, RSMo, and to enact in lieu thereof seven new sections relating to the regulation of clean water.

SB 561-By Dolan.

An Act to amend chapter 407, RSMo, by adding thereto five new sections relating to home improvement contracts.

SB 562-By Griesheimer.

An Act to authorize the conveyance of property owned by the state at the Missouri Eastern Correctional facility in the County of St. Louis to the City of Pacific.

SB 563-By Shields.

An Act to repeal sections 566.025, 566.032, 566.062, 566.067, 566.083, and 566.100, RSMo, and to enact in lieu thereof six new sections relating to sexual offenses, with penalty provisions.

REPORTS OF STANDING COMMITTEES

Senator Foster, Chairman of the Committee on Education, submitted the following reports:

Mr. President: Your Committee on Education, to which was referred SB 325, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Education, to which was referred SB 371, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Education, to which was referred SB 296, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following reports:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 310, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 330, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 401, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 288, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 465, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 466, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 474, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 242, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 242, Page 1, Section 512.099, Line 4, by striking the word "statues" and inserting in lieu thereof the following: "statutes"; and further amend line 6, by striking "twenty-five" and inserting in lieu thereof the following: "fifty".

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 203, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 214, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Scott, Chairman of the Committee on Pensions and General Laws, submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which were referred SB 212 and SB 220, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 136, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 376, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 297, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 294, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 57, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Childers, Chairman of the Committee on Economic Development, Tourism and Local Government, submitted the following reports:

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 142, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 186, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 218, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 224, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute No. 2, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 238, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 250, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 269, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 281, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

On behalf of Senator Shields, Chairman of the Committee on Aging, Families, Mental and Public Health, Senator Gibbons submitted the following reports:

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 391, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 308, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 303, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following reports:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 317, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 385, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Steelman, Chairman of the Committee on Commerce and the Environment, submitted the following report:

Mr. President: Your Committee on Commerce and the Environment, to which was referred SB 54, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

THIRD READING OF SENATE BILLS

SB 122, with SCS, introduced by Senator Caskey, entitled:

An Act to repeal section 137.245, RSMo, and to enact in lieu thereof two new sections relating to dates of delivery of assessor's tax books, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCS for SB 122, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 122

An Act to amend chapter 137, RSMo, by adding thereto one new section relating to dates of delivery of certain assessors' tax books.

Was taken up.

Senator Caskey moved that SCS for SB 122 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 122 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland 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--32
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Bray DePasco--2


The President declared the bill passed.

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

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

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

SB 292, introduced by Senator Yeckel, entitled:

An Act to repeal section 407.433, RSMo, and to enact in lieu thereof one new section relating to disclosure of credit card numbers on sales receipts, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Yeckel, SB 292 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Caskey Cauthorn
Champion Childers Clemens Coleman
Days Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Jacob Kennedy Klindt Loudon
Mathewson Nodler Quick Shields
Steelman Stoll Vogel Wheeler
Yeckel--29
NAYS--Senators--None
Absent--Senators
Kinder Russell Scott--3
Absent with leave--Senators
Bray DePasco--2

The President declared the bill passed.

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

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

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

SB 108, introduced by Senator Gross, entitled:

An Act to repeal section 109.250, RSMo, and to enact in lieu thereof one new section relating to the state records commission.

Was called from the Consent Calendar and taken up.

On motion of Senator Gross, SB 108 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland 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--32
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Bray DePasco--2

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

SB 29, with SCS, introduced by Senator Gross, entitled:

An Act to repeal sections 115.359 and 115.363, RSMo, and to enact in lieu thereof two new sections relating to deadlines for elections.

Was called from the Consent Calendar and taken up.

SCS for SB 29, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 29

An Act to repeal sections 115.359 and 115.363, RSMo, and to enact in lieu thereof two new sections relating to deadlines for elections.

Was taken up.

Senator Gross moved that SCS for SB 29 be adopted, which motion prevailed.

On motion of Senator Gross, SCS for SB 29 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland 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--32
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Bray DePasco--2

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 Coleman moved that motion lay on the table, which motion prevailed.

SB 50, introduced by Senator Coleman, entitled:

An Act to repeal section 116.130, RSMo, relating to verification of signatures on initiative or referendum petitions, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Coleman, SB 50 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Caskey Cauthorn
Champion Childers Clemens Coleman
Days Dolan Dougherty Foster
Gibbons Griesheimer Gross Jacob
Kennedy Klindt Loudon Nodler
Scott Shields Steelman Stoll
Vogel Wheeler Yeckel--27
NAYS--Senator Kinder--1
Absent--Senators
Goode Mathewson Quick Russell--4
Absent with leave--Senators
Bray DePasco--2

The President declared the bill passed.

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

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

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

SB 4, with SCS, introduced by Senators Caskey and Russell, entitled:

An Act to amend chapters 41 and 301, RSMo, by adding thereto two new sections relating to antiterrorism.

Was called from the Consent Calendar and taken up by Senator Caskey.

SCS for SB 4, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 4

An Act to amend chapters 41 and 301, RSMo, by adding thereto two new sections relating to antiterrorism.

Was taken up.

Senator Caskey moved that SCS for SB 4 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 4 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

Senator Caskey 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

Senator Klindt moved that SB 436, with SCS, SS for SCS, SA 2 and point of order (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

At the request of Senator Mathewson, the pending point of order was withdrawn.

At the request of Senator Klindt, SB 436, with SCS, SS for SCS and SA 2 (pending), was placed on the Informal Calendar.

Senator Yeckel moved that SB 18, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Mathewson offered SS for SCS for SB 18, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 18

An Act to repeal sections 166.415 and 166.435, RSMo, and to enact in lieu thereof fourteen new sections relating to higher education savings programs.

Senator Mathewson moved that SS for SCS for SB 18 be adopted.

Senator Gross assumed the Chair.

Senator Quick offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 18, Page 6, Section 166.435, Line 26, by inserting immediately after the word "taxpayer" the following: ", or sixteen thousand dollars if the taxpayer is a qualifying widow or widower or head of household".

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

Senator Shields assumed the Chair.

Senator Goode offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 18, Page 6, Section 166.435, Line 28, by inserting after the word "RSMo.", the following: "until the expiration of the contract with the current financial institution operating the savings program pursuant to sections 166.400 to 166.455.".

Senator Goode moved that the above amendment be adopted, which motion failed on a standing division vote.

At the request of Senator Yeckel, SB 18, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

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 adopted SS No. 2 for SCS for HB 401 and has taken up and passed SS No. 2 for SCS for HB 401, as amended.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 288, entitled:

An Act to repeal sections 160.534 and 164.303, RSMo, and to enact in lieu thereof three new sections relating to gambling moneys for schools.

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 HCS for HB 15, entitled:

An Act to appropriate money 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, from the funds designated for the fiscal period ending June 30, 2003.

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 HCS for HB 221, entitled:

An Act to repeal sections 59.163, 59.800, 173.387, 173.390, 306.410, 361.130, 361.140, 361.160, 361.170, 362.010, 362.105, 362.106, 362.170, 362.295, 362.910, 362.923, 369.159, 400.1-103, 400.3-102, 400.4-102, 400.9-525, 400.9-626, 407.433, 408.450, 408.455, 408.460, 408.465, 408.467, 408.470, 408.557, 408.653, and 408.654, RSMo, and to enact in lieu thereof twenty-six new sections relating to banking, with an emergency clause for a certain section and penalty provisions.

Emergency clause defeated.

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 254, entitled:

An Act to repeal sections 28.600, 28.603, 28.606, 28.609, 28.612, 28.615, 28.618, 28.621, 28.624, 28.627, 28.630, 28.633, 28.636, 28.639, 28.642, 28.645, 28.648, 28.651, 28.654, 28.657, 28.660, 28.663, 28.666, 28.669, 28.672, 28.675, 28.678, and 28.681, RSMo, and to enact in lieu thereof seventeen new sections relating to the uniform electronic transactions act.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

President Pro Tem Kinder assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and SS No. 2 for SCS for HB 401, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so 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, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 21, 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:

Paul Evan Hauser, 11815 Lillian Avenue, Des Peres, St. Louis County, Missouri 63131, as a member of the Clean Water Commission, for a term ending February 21, 2007, and until his successor is duly appointed and qualified; vice, RSMo 644.021.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 21, 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:

Ik-Whan G. Kwon, 234 New Salem Drive, St. Louis, St. Louis County, Missouri 63108, as a member of the Special Health, Psychological and Social Needs of Minority Older Individuals Commission, for a term ending August 30, 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

February 21, 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:

Brenda Nolte, Republican, 1211 Romany, Kansas City, Jackson County, Missouri 64113, as a member of the Missouri Community Service Commission, for a term ending February 21, 2006, and until her successor is duly appointed and qualified; vice, Gwen R. Swearingin, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 21, 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 J. Saunders, Democrat, 1542 Merit Lane, Liberty, Clay County, Missouri 64068, as a member of the Hazardous Waste Management Commission, for a term ending April 27, 2005, and until his successor is duly appointed and qualified; vice, Maxine Lipeles, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 21, 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:

Cecil Gordon Wood, 2 Dumbarton Drive, St. Louis, St. Louis County, Missouri 63132, as a member of the Missouri State Board of Accountancy, for a term ending August 15, 2007, and until his successor is duly appointed and qualified; vice, Janice Ellis, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

INTRODUCTION OF BILLS

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

SB 564-By Gross.

An Act to repeal sections 92.045, 305.510, and 305.515, RSMo, and to enact in lieu thereof three new sections relating to the Missouri-St. Louis metropolitan airport authority, with an effective date.

SB 565-By Goode.

An Act to amend chapter 620, RSMo, by adding thereto nine new sections relating to job creation and fiscal accountability.

SB 566-By Cauthorn, Steelman, Clemens and Klindt.

An Act to repeal sections 144.010 and 277.020, RSMo, and to enact in lieu thereof two new sections relating to livestock.

SB 567-By Steelman.

An Act to amend chapter 204, RSMo, by adding thereto thirty-three new sections relating to reorganized common sewer districts, with penalty provisions.

SB 568-By Yeckel.

An Act to repeal section 302.020, RSMo, and to enact in lieu thereof one new section relating to children on motorcycles, with penalty provisions.

SB 569-By Yeckel.

An Act to repeal sections 115.027, 115.074, 115.076, 115.085, 115.098, 115.105, 115.107, 115.125, 115.133, 115.135, 115.155, 115.157, 115.158, 115.159, 115.163, 115.165, 115.275, 115.277, 115.279, 115.284, 115.287, 115.292, 115.417, 115.430, 115.761, and 115.801, RSMo, and to enact in lieu thereof twenty-nine new sections relating to elections.

SB 570-By Loudon and Dolan.

An Act to repeal section 301.132, RSMo, and to enact in lieu thereof one new section relating to vehicle registration.

SB 571-By Loudon.

An Act to repeal sections 210.115 and 352.400, RSMo, and to enact in lieu thereof two new sections relating to Christian Science practitioners.

SB 572-By Dougherty.

An Act to amend chapter 173, RSMo, by adding thereto one new section relating to postsecondary education for foster children.

REPORTS OF STANDING COMMITTEES

Senator Dolan, Chairman of the Committee on Transportation, submitted the following reports:

Mr. President: Your Committee on Trans-portation, to which was referred SB 423, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 356, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 355, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 227, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Bartle requested unanimous consent of the Senate to have SB 242, with SCA 1,

returned to the Committee on the Judiciary and Civil and Criminal Jurisprudence, as it was mistakenly turned in as a Consent Bill, when in fact it is not, which request was granted.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 213, regarding Betty Lewis Horine, Warrensburg, which was adopted.

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

SENATE CALENDAR

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TWENTY-SEVENTH DAY-TUESDAY, FEBRUARY 25, 2003

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FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 413-Steelman, et al

SB 440-Steelman

SB 441-Dougherty

SB 444-Shields and Steelman

SB 463-Gross

SB 473-Stoll

SB 493-Kennedy

SB 497-Yeckel, et al

SB 501-Gross

SB 502-Vogel

SB 503-Jacob

SB 504-Clemens and Champion

SB 505-Clemens

SB 506-Clemens

SB 507-Bray

SB 508-Bray

SB 509-Bray

SB 510-Kinder

SB 511-Kinder, et al

SB 512-Russell

SB 513-Kennedy and Coleman

SB 515-Bland

SB 516-Kennedy and Coleman

SB 517-Jacob

SB 518-Steelman

SB 519-Foster

SB 520-Klindt

SB 521-Gross

SB 522-Gross

SB 523-Kennedy and Griesheimer

SB 524-Jacob

SB 525-Dolan

SB 526-Gross

SB 527-Gross

SB 528-Gross

SB 529-Childers

SB 530-Childers

SB 531-Childers

SB 532-Mathewson and

Childers

SB 533-Cauthorn

SB 534-Cauthorn

SB 535-Yeckel

SB 536-Jacob

SB 537-Jacob

SB 538-Dolan

SB 539-Bray & Days

SB 540-Gross

SB 541-Scott

SB 542-Caskey

SB 543-Dougherty and Foster

SB 545-Mathewson

SB 546-Caskey

SB 547-Caskey

SB 548-Champion

SB 549-Days, et al

SB 550-Scott

SB 551-Yeckel

SB 552-Yeckel



SB 553-Bartle

SB 554-Klindt

SB 555-Kinder and Foster

SB 556-Kinder, et al

SB 557-Shields

SB 558-Klindt

SB 559-Klindt

SB 560-Childers

SB 561-Dolan

SB 562-Griesheimer

SB 563-Shields

SB 564-Gross

SB 565-Goode

SB 566-Cauthorn, et al

SB 567-Steelman

SB 568-Yeckel

SB 569-Yeckel

SB 570-Loudon and Dolan

SB 571-Loudon

SB 572-Dougherty

SJR 19-Clemens

SJR 20-Bray

SJR 21-Cauthorn



HOUSE BILLS ON SECOND READING



HCS for HB 185

HB 198-Stevenson, et al

HCS for HBs 122 & 80

HB 74-St. Onge



HCS for HB 288

HCS for HB 15

HCS for HB 221

HB 254-Byrd



SENATE BILLS FOR PERFECTION



SB 234-Quick

SB 84-Cauthorn and Klindt,

with SCS

SB 69-Yeckel, with SCS

SB 34-Loudon

SB 347-Loudon, et al, with SCS

SB 481-Dolan, et al, with SCS

SB 24-Steelman, with SCS

INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 11-Kinder and Scott,

with SCS

SB 13-Kinder

SB 18-Yeckel and Cauthorn,

with SCS & SS for SCS

(pending)

SB 33-Loudon and Scott,

with SS (pending)



SB 36-Klindt and Cauthorn,

with SCS

SB 51-Shields

SB 112-Loudon, with SCS

SB 217-Champion and Clemens

SB 265-Shields and Scott, with SCS

SB 436-Klindt, with SCS, SS

for SCS & SA 2 (pending)



CONSENT CALENDAR



Senate Bills



Reported 2/10



SB 62-Caskey



SB 275-Russell



Reported 2/17



SB 117-Shields, with SCS

SB 216-Foster

SB 289-Dolan, et al

SB 314-Dolan

SB 7-Mathewson, with SCS

SB 239-Mathewson and

Scott, with SCS



SB 301-Bray

SB 357-Shields

SB 370-Foster

SB 379-Champion, with SCS

SB 383-Dolan

Reported 2/24



SB 325-Steelman

SB 371-Foster

SB 296-Griesheimer, with SCS

SB 310-Caskey

SB 330-Caskey

SB 401-Dolan, et al

SB 288-Dolan, with SCS

SB 465-Bartle

SB 466-Bartle, with SCS

SB 474-Bartle

SB 203-Bartle

SB 214-Bartle

SBs 212 & 220-Bartle, with SCS

SB 136-Goode

SB 376-Caskey

SB 297-Griesheimer

SB 294-Vogel, with SCS

SB 57-Nodler

SB 142-Goode and Days

SB 186-Cauthorn

SB 218-Goode, et al, with SCS



SB 224-Vogel, with SCS#2

SB 238-Caskey, with SCS

SB 250-Stoll

SB 269-Quick, with SCS

SB 281-Shields, with SCS

SB 391-Shields, et al, with SCS

SB 308-Steelman, with SCS

SB 303-Gibbons, with SCS

SB 317-Stoll and Bray

SB 385-Scott, with SCS

SB 54-Griesheimer

SB 423-Childers

SB 356-Stoll

SB 355-Stoll

SB 227-Cauthorn, with SCS



RESOLUTIONS



To be Referred



SCR 7-Gross, et al



Reported from Committee



SR 30-Shields, with SCS, SS

for SCS & SA 1 (pending)