Journal of the Senate

FIRST REGULAR SESSION


THIRTY-FOURTH DAY--MONDAY, MARCH 10, 2003


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Rejoice in the Lord always: again I will say, Rejoice." (Philippians 4:4)

Gracious God, help us develop and keep a zest for our work and living for such You have created us to have. Help us to breathe deeply and joyfully the clean, refreshing love and mercy that come from You. And help us this week to go joyfully into the work that You have given us to do. 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, March 6, 2003, be corrected on Page 403, Column 2, Line 19, by deleting the numeral "299" and inserting in lieu thereof the numeral "290", which motion prevailed.

The Journal for Thursday, March 6, 2003, was read and approved, as corrected.

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
The Lieutenant Governor was present.


RESOLUTIONS



Senator Gross offered Senate Resolution No. 326, regarding Keith Sutherland, Warrenton, which was adopted.

Senator Gross offered Senate Resolution No. 327, regarding John Carlton, which was adopted.

Senator Gross offered Senate Resolution No. 328, regarding Patti York, St. Charles, which was adopted.

Senator Gross offered Senate Resolution No. 329, regarding Bruce Vieweg, which was adopted.

Senator Gross offered Senate Resolution No. 330, regarding the St. Charles County Children and Family Services Authority, which was adopted.

Senator Gross offered Senate Resolution No. 331, regarding LuAnn Reese, St. Francois County, which was adopted.

Senator Gross offered Senate Resolution No. 332, regarding Frank Martinez, St. Charles County, which was adopted.

Senator Gross offered Senate Resolution No. 333, regarding David Fitzgerald, St. Charles County, which was adopted.

Senator Gross offered Senate Resolution No. 334, regarding Bonnie Crandall, St. Charles County, which was adopted.

Senator Gross offered Senate Resolution No. 335, regarding Ameren UE, which was adopted.

Senator Caskey offered Senate Resolution No. 336, regarding Tyler Vincent Conrad, Archie, which was adopted.

Senator Caskey offered Senate Resolution No. 337, regarding Nevada High School Air Force Junior ROTC Drill Team, Nevada, which was adopted.

Senator Yeckel offered Senate Resolution No. 338, regarding Joshua Stephen "Josh" Mudd, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 339, regarding Steven Blair Biehle, St. Louis County, which was adopted.

Senator Yeckel offered Senate Resolution No. 340, regarding Julia Allen, Sunset Hills, which was adopted.

Senator Caskey offered Senate Resolution No. 341, regarding Ben Jackson, Knob Noster, which was adopted.

Senator Bland offered Senate Resolution No. 342, regarding the Eightieth Birthday of Buddie Swinton, Kansas City, which was adopted.

Senator Loudon offered Senate Resolution No. 343, regarding Nancy Norfleet, Maryland Heights, which was adopted.

Senator Loudon offered Senate Resolution No. 344, regarding Jared Lender, Chesterfield, which was adopted.

Senator Dougherty offered Senate Resolution No. 345, regarding Ryan Christopher Garrison and Daniel Warren Garrison, Edwardsville, Illinois, which was adopted.

Senator Quick offered Senate Resolution No. 346, regarding Scott Underwood, North Kansas City, which was adopted.

Senator Quick offered Senate Resolution No. 347, regarding the Frank S. Land Chapter of the Order of DeMolay, which was adopted.

Senator Bray offered Senate Resolution No. 348, regarding the Litzsinger School of the Special School District, St. Louis, which was adopted.

THIRD READING OF SENATE BILLS

SB 281, with SCS, introduced by Senator Shields, entitled:

An Act to repeal section 49.370, RSMo, and to enact in lieu thereof one new section relating to the location of county property.

Was called from the Consent Calendar and taken up.

SCS for SB 281, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 281

An Act to repeal section 49.370, RSMo, and to enact in lieu thereof one new section relating to county property.

Was taken up.

Senator Shields moved that SCS for SB 281 be adopted, which motion prevailed.

On motion of Senator Shields, SCS for SB 281 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
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Quick Russell
Shields Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Dolan--2
Absent with leave--Senators
DePasco Scott--2

The President declared the bill passed.

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

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

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

SB 391, with SCS, introduced by Senator Shields, et al, entitled:

An Act to amend chapter 192, RSMo, by adding thereto three new sections relating to pain management.

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

SCS for SB 391, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 391

An Act to amend chapter 192, RSMo, by adding thereto three new sections relating to pain management.

Was taken up.

Senator Shields moved that SCS for SB 391 be adopted, which motion prevailed.

On motion of Senator Shields, SCS for SB 391 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 308, with SCS, introduced by Senator Steelman, entitled:

An Act to amend chapter 34, RSMo, by adding thereto one new section relating to the Missouri calcium initiative, with an emergency clause and an expiration date.

Was called from the Consent Calendar and taken up.

SCS for SB 308, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 308

An Act to amend chapter 34, RSMo, by adding thereto one new section relating to the Missouri calcium initiative, with an emergency clause.

Was taken up.

Senator Steelman moved that SCS for SB 308 be adopted, which motion prevailed.

On motion of Senator Steelman, SCS for SB 308 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 Mathewson Nodler
Quick Russell Shields Steelman
Stoll Vogel Wheeler--31
NAYS--Senators--None
Absent--Senator Yeckel--1
Absent with leave--Senators
DePasco Scott--2

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

SB 303, with SCS, introduced by Senator Gibbons, entitled:

An Act to amend chapter 190, RSMo, by adding thereto one new section relating to critical care ground ambulance service.

Was called from the Consent Calendar and taken up.

SCS for SB 303, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 303

An Act to amend chapter 190, RSMo, by adding thereto one new section relating to critical care ground ambulance service.

Was taken up.

Senator Gibbons moved that SCS for SB 303 be adopted, which motion prevailed.

On motion of Senator Gibbons, SCS for SB 303 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 Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Russell Shields Steelman Stoll
Vogel Wheeler Yeckel--31
NAYS--Senator Griesheimer--1
Absent--Senators--None
Absent with leave--Senators
DePasco Scott--2

The President declared the bill passed.

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

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

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

SB 317, introduced by Senators Stoll and Bray, entitled:

An Act to repeal section 103.175, RSMo, and to enact in lieu thereof one new section relating to the imposition of a deadline for a study by the board of trustees of Missouri consolidated health care plan.

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

On motion of Senator Stoll, SB 317 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 Mathewson Nodler
Russell Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Quick Shields--2
Absent with leave--Senators
DePasco Scott--2

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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 295, 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 521, 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 522, 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 529, 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 540, 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 546, 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 547, 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 392, 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 Foster, Chairman of the Committee on Education, submitted the following reports:

Mr. President: Your Committee on Education, to which was referred SB 519, 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. 519, Page 1, Section 162.431, Line 6, by inserting immediately after the word "next" the following: "general".

Also,

Mr. President: Your Committee on Education, to which was referred SB 204, 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 31, 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 Shields, Chairman of the Committee on Aging, Families, Mental and Public Health, submitted the following reports:

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 431, 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 Aging, Families, Mental and Public Health, to which was referred SB 506, 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 Aging, Families, Mental and Public Health, to which was referred SB 455, 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 Aging, Families, Mental and Public Health, to which was referred SB 425, 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 Aging, Families, Mental and Public Health, to which was referred SB 73, 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 report:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 358, 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 Vogel, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred SB 93, 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 Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 447, 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 407, 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 373, 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 Small Business, Insurance and Industrial Relations, to which was referred SB 283, 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 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 SS for SB 34, 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.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 11, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 11, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 11

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to a temporary exemption from state and local sales and use tax on retail sales of clothing, school supplies and personal computers before the start of the school year, with an emergency clause and a termination date.

Was taken up.

Senator Kinder moved that SCS for SB 11 be adopted.

Senator Bartle assumed the Chair.

Senator Jacob offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 11, Page 1, In the Title, Lines 2-5, by striking the following: "a temporary exemption from state and local sales and use tax on retail sales of clothing, school supplies and personal computers before the start of the school year" and inserting in lieu thereof the following: "taxation"; and

Further amend said bill and page, Section A, Line 2, by inserting after all of said line the following:

"143.181. 1. The Missouri nonresident adjusted gross income shall be that part of the nonresident individual's federal adjusted gross income derived from sources within Missouri, as modified in the same manner as set forth in section 143.121 with respect to resident individuals. It shall be the sum of:

(1) The net amount of items of income, gain, loss, and deduction entering into his or her federal adjusted gross income which are derived from or connected with sources in this state including

(a) [His] The individual's distributive share of partnership income and deductions determined under section 143.421, and

(b) [His] The individual's share of estate or trust income and deductions determined under section 143.391, and

(c) [His] The individual's pro rata share of S corporation income and deductions determined under subsection 3 of section 143.471; and

(2) The portion of the modifications described in section 143.121 which relate to income derived from sources in this state, including any modifications attributable to him or her as a partner.

2. Items of income, gain, loss, and deduction derived from or connected with sources within this state are those items attributable to:

(1) The ownership or disposition of any interest in real or tangible personal property in this state; [and]

(2) A business, trade, profession, or occupation carried on in this state;

(3) Winnings from a wager placed in a lottery conducted by the state lottery commission, if the proceeds from such wager are required, pursuant to the Internal Revenue Code of 1986, as amended, or regulations adopted thereunder, to be reported by the state lottery commission to the Internal Revenue Service; and

(4) Winnings from any other wager placed in this state or from any wagering transaction, gaming activity, or gambling activity in this state, if the proceeds from such wager, wagering transaction, gaming activity, or gambling activity are required, pursuant to the Internal Revenue Code of 1986, as amended, or regulations adopted thereunder, to be reported by the payer to the Internal Revenue Service.

3. Income from intangible personal property, including annuities, dividends, interest, and gains from the disposition of intangible personal property, shall constitute income derived from sources within this state only to the extent that such income is from:

(1) Property employed in a business, trade, profession, or occupation carried on in this state;

(2) Winnings from a wager placed in a lottery conducted by the state lottery commission, if the proceeds from such wager are required, pursuant to the Internal Revenue Code of 1986, as amended, or regulations adopted thereunder, to be reported by the state lottery commission to the Internal Revenue Service; and

(3) Winnings from any other wager placed in this state or from any wagering transaction, gaming activity, or gambling activity in this state, if the proceeds from such wager, wagering transaction, gaming activity, or gambling activity are required, pursuant to the Internal Revenue Code of 1986, as amended, or regulations adopted thereunder, to be reported by the payer to the Internal Revenue Service.

4. Deductions with respect to capital losses, net long-term capital gains, and net operation losses shall be based solely on income, gains, losses, and deductions derived from sources within this state in the same manner as the corresponding federal deductions under regulations to be prescribed by the director of revenue.

5. If a business, trade, profession, or occupation is carried on partly within and partly without this state, the items of income and deduction derived from or connected with sources within this state shall be determined by apportionment and allocation under regulations to be prescribed by the director of revenue.

6. Compensation paid by the United States for service in the armed forces of the United States performed by a nonresident shall not constitute income derived from sources within this state."; and

Further amend the title and enacting clause accordingly.

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

Photographers from the Missouri Cable Telecommunications Association were given permission to take pictures in the Senate Chamber today.

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 11, Page 3, Section 144.049, Line 67, by inserting after all of said line the following:

"Section 1. 1. Unless expressly otherwise provided by law, an amendment to the Internal Revenue Code of 1986, as amended, that affects the determination of federal adjusted gross income or federal taxable income shall not affect the determination of Missouri taxable income pursuant to chapter 143, RSMo.

2. Within sixty days after an amendment of the Internal Revenue Code of 1986 is enacted, the director of revenue shall prepare and submit to the governor, the speaker of the house of representatives, and the president pro tempore of the senate a report which outlines:

(1) The changes of the Internal Revenue Code of 1986;

(2) The impact of those changes on state revenue; and

(3) The impact of those changes on the various classes and types of taxpayers."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Jacob, SA 2 was withdrawn.

Senator Cauthorn offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 11, Page 2, Section 144.049, Line 25, by inserting after the numeral "2." the following: "Except as provided in subsection 4 of this section,"; and further amend line 46, by inserting after the word "subdivision" the following: "other than a county"; and

Further amend said bill, Page 3, Section 144.049, Line 55, by inserting after all of said line the following:

"4. The governing body of any county may adopt an ordinance adopting the exemption provided in subsection 2 of this section. Failure to enact such ordinance shall cause any such county's sales tax to be excluded from the sales tax exemption provided in subsection 2 of this section."; and further amend by renumbering the remaining subsections accordingly.

Senator Cauthorn moved that the above amendment be adopted.

Senator Kinder requested a roll call vote be taken on the adoption of SA 3 and was joined in his request by Senators Childers, Russell, Stoll and Wheeler.

SA 3 failed of adoption by the following vote:

YEAS--Senators
Cauthorn Days Dolan Goode
Griesheimer Mathewson Scott--7
NAYS--Senators
Bartle Bland Bray Caskey
Champion Childers Clemens Coleman
Dougherty Foster Gibbons Gross
Jacob Kennedy Kinder Klindt
Loudon Nodler Quick Russell
Shields Steelman Stoll Vogel
Wheeler Yeckel--26
Absent--Senators--None
Absent with leave--Senator DePasco--1

Senator Jacob offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bill No. 11, Page 1, Section A, Line 2, by adding after all of said line the following:

"143.091. 1. Any term used in sections 143.011 to 143.996 shall have the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required by the provisions of sections 143.011 to 143.996. Any reference in sections 143.011 to 143.996 to the laws of the United States shall mean the provisions of the Internal Revenue Code of 1986, and amendments thereto enacted on or before January 1, 2003, and other provisions of the laws of the United States relating to federal income taxes, as the same may be or become effective[, at any time or from time to time,] on or before January 1, 2003 for the taxable year.

2. Within sixty days after an amendment of the Internal Revenue Code of 1986 is enacted, the director of revenue shall prepare and submit to the governor, the speaker of the house of representatives, and the president pro tempore of the senate a report which outlines:

(1) The changes of the Internal Revenue Code of 1986;

(2) The impact of those changes on state revenue; and

(3) The impact of those changes on the various classes and types of taxpayers.

3. The director of revenue shall make any necessary adjustments to any state tax return form and instructions thereto to reflect any effect of a change to the Internal Revenue Code of 1986, and amendments thereto, enacted on or before January 1, 2003, or to other provisions of the laws of the United States relating to federal income taxes as the same may be or become effective on or before January 1, 2003 for the taxable year."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

Senator Jacob offered SA 1 to SA 4, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 4

Amend Senate Amendment No. 4 to Senate Committee Substitute for Senate Bill No. 11, Page 2, Section 143.091, Line 10, after all of said line, by adding the following:

"4. The provisions of subsections 1 to 3 of this section shall expire December 31, 2008.

5. Beginning January 1, 2009, any term used in sections 143.011 to 143.996 shall have the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required by the provisions of sections 143.011 to 143.996. Beginning January 1, 2009, any reference in sections 143.011 to 143.996 to the laws of the United States shall mean the provisions of the Internal Revenue Code of 1986, and amendments thereto, and other provisions of the laws of the United States relating to federal income taxes, as the same may be or become effective, at any time or from time to time, for the taxable year.".

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

SA 4, as amended, was again taken up.

Senator Jacob moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Days, Kinder, Mathewson and Russell.

SA 4, as amended, failed of adoption by the following vote:

YEAS--Senators
Bland Bray Caskey Childers
Coleman Days Dougherty Gibbons
Goode Jacob Kennedy Mathewson
Quick Stoll Wheeler--15
NAYS--Senators
Bartle Cauthorn Champion Clemens
Dolan Foster Griesheimer Gross
Kinder Klindt Loudon Nodler
Russell Scott Shields Steelman
Vogel Yeckel--18
Absent--Senators--None
Absent with leave--Senator DePasco--1

Senator Kinder moved that SCS for SB 11, as amended, be adopted, which motion prevailed.

On motion of Senator Kinder, SCS for SB 11, as amended, was declared perfected and ordered printed.

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

March 6, 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:

Karen L. Berding, 1136 Timberline, Moberly, Randolph County, Missouri 65270, as a member of the Child Abuse and Neglect Review Board, for a term ending April 27, 2004, and until her successor is duly appointed and qualified; vice, Rodney Wead, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 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:

Linda K. Conner, Highway 63 North, P.O. Box 177, Greentop, Schuyler County, Missouri 63546, as a member of the Missouri State Board of Nursing, for a term ending June 1, 2006, and until her successor is duly appointed and qualified; vice, Janet Anderson, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 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:

George J. Gladis, 3651 Coffee Tree Court, St. Louis City, Missouri 63129, as a member of the State Mental Health Commission, for a term ending June 28, 2005, and until his successor is duly appointed and qualified; vice, Betty Hearnes, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 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:

Donna L. Gunning, 3653 Rosant Court, Florissant, St. Louis County, Missouri 63034, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 2004, and until her successor is duly appointed and qualified; vice, Mary Richter, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 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:

Gail L. Robertson, Democrat, 2409 West Donna Drive, Poplar Bluff, Butler County, Missouri 63901, as a member of the Southeast Missouri State University Board of Regents, for a term ending January 1, 2009, and until her successor is duly appointed and qualified; vice, Kimberly Mothershead, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

President Pro Tem Kinder assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HCS for HB 14, 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 Bartle assumed the Chair.

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 HB 281, entitled:

An Act to repeal sections 161.092 and 168.021, RSMo, and to enact in lieu thereof two new sections relating to certificates of license to teach.

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 HS for HCS for HBs 349, 120, 136 and 328, entitled:

An Act to repeal section 571.030, RSMo, and to enact in lieu thereof three new sections relating to concealable weapons, with penalty provisions.

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 75, entitled:

An Act to repeal section 301.456, RSMo, and to enact in lieu thereof one new section relating to special license plates.

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 131, entitled:

An Act to repeal sections 70.605, 70.635, 70.661, 70.685 and 70.795, RSMo, and to enact in lieu thereof four new sections relating to local government employees' retirement system.

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 HBs 152 and 180, entitled:

An Act to repeal sections 86.370, 86.393, 86.398, 86.407, 86.447, 86.600, 86.671, 86.720, and 86.745, RSMo, and to enact in lieu thereof thirteen new sections relating to police relief and pension systems.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

SECOND READING OF SENATE BILLS

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

SB 497--Ways and Means.

SB 600--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 602--Ways and Means.

SB 635--Economic Development, Tourism and Local Government.

SB 640--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 645--Pensions and General Laws.

SB 648--Economic Development, Tourism and Local Government.

SB 656--Agriculture, Conservation, Parks and Natural Resources.

SB 657--Agriculture, Conservation, Parks and Natural Resources.

SB 659--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 662--Judiciary and Civil and Criminal Jurisprudence.

SB 687--Ways and Means.

SB 688--Ways and Means.

SB 689--Ways and Means.

SB 690--Ways and Means.

SB 691--Ways and Means.

SB 696--Aging, Families, Mental and Public Health.

SB 698--Commerce and the Environment.

SJR 19--Commerce and the Environment.

SJR 23--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 349, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Donald Dean Black, Amoret, which was adopted.

Senator Gibbons offered Senate Resolution No. 350, regarding Charlie Spencer, Kirkwood, which was adopted.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

March 5, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Missouri Rural Economic Development Council

Dear Terry:

Pursuant to Section 620.155, RSMo 2002, I am appointing

Senator Dan Clemens to the Missouri Rural Economic Development Council.

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 Cauthorn introduced to the Senate, Debbie Boughton, Jim McCormick, Connie Johnson, Scott Meredith, Lois Rice, and twenty-four members of Pack 401, Kirksville.

Senator Yeckel introduced to the Senate, Don and Barbara Voss, and their grandson, Zachary; Sandra Poole, and her daughter, Alexis; and Irvin and Marilyn Etzold, St. Louis; and Zachary and Alexis were made honorary pages.

Senator Champion introduced to the Senate, Randy Wright, Springfield.

Senator Bray introduced to the Senate, forty-five fourth grade students from Bruce Elementary School, Maplewood.

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

SENATE CALENDAR

______



THIRTY-FIFTH DAY-TUESDAY, MARCH 11, 2003

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 573-Dougherty

SB 599-Childers and Gibbons

SB 633-Shields and Kinder

SB 636-Mathewson

SB 643-Yeckel

SB 652-Steelman

SB 658-Cauthorn

SB 661-Wheeler

SB 663-Dolan and Gross

SB 664-Childers

SB 665-Bland

SB 670-Dougherty

SB 671-DePasco

SB 675-Gross, et al

SB 677-Vogel and Russell



SB 678-Vogel and Russell

SB 679-Loudon

SB 680-Loudon

SB 683-Clemens, et al

SB 684-Dougherty

SB 695-Goode and Russell

SJR 21-Cauthorn





HOUSE BILLS ON SECOND READING



HCS for HB 288

HCS for HB 390

HB 91-Mayer

HCS for HB 273

HCS for HB 281



HS for HCS for HBs 349, 120,

136 & 328-Crawford

HB 75-Ruestman, et al

HCS for HB 131

HCS for HBs 152 & 180





THIRD READING OF SENATE BILLS



SS for SB 34-Loudon





SENATE BILLS FOR PERFECTION



1. SB 24-Steelman, with SCS

2. SB 300-Cauthorn, et al, with SCS

3. SB 253-Steelman, et al, with SCS

4. SB 207-Mathewson

5. SB 264-Shields, with SCS

6. SB 280-Scott, et al, with SCS

7. SB 298-Griesheimer, with SCS

8. SB 427-Bartle, et al, with SCS

9. SBs 125 & 290-Goode,

with SCS



10. SB 422-Childers, with SCS

11. SB 2-Russell, with SCS

12. SB 544-Gross, et al, with SCS

13. SB 450-Mathewson, et al,

with SCS

14. SB 305-Jacob and Steelman

15. SB 410-Shields and Goode,

with SCS

16. SB 5-Caskey, with SCS



INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 18-Yeckel and Cauthorn,

with SCS & SS for SCS

(pending)

SB 33-Loudon and Scott,

with SS (pending)

SB 51-Shields

SB 69-Yeckel and Nodler,

with SCS (pending)

SB 112-Loudon, with SCS



SB 217-Champion and

Clemens, with SS (pending)

SB 347-Loudon, et al, with SCS

SB 436-Klindt, with SCS, SS

for SCS & SA 2 (pending)

SB 481-Dolan, et al, with

SCS, SS for SCS & SS

for SS for SCS (pending)



CONSENT CALENDAR



Senate Bills



Reported 2/10



SB 62-Caskey

SB 275-Russell

Reported 2/24



SB 385-Scott, with SCS

SB 54-Griesheimer

SB 423-Childers



SB 356-Stoll

SB 355-Stoll

Reported 3/3



SB 456-Kennedy, et al

SB 478-Gross, with SCS

SB 426-Griesheimer

SB 321-Days

SB 327-Gross and Mathewson

SB 496-Yeckel

SB 388-Klindt, et al

SB 237-Russell, et al, with SCS

SB 421-Mathewson, with SCS

SB 202-Childers, with SCS

SB 175-Loudon

SB 52-Shields, with SCS#2

SB 1-Russell, with SCS#2

Reported 3/4



SB 457-Caskey

SB 467-Bartle

SB 61-Caskey, with SCS

SB 537-Jacob

SB 448-Bartle

SB 394-Bartle

SB 395-Bartle

SB 471-Bartle

SB 470-Bartle

SB 469-Bartle

SB 468-Bartle



Reported 3/10



SB 295-Shields, with SCS

SB 521-Gross

SB 522-Gross

SB 529-Childers

SB 540-Gross

SB 546-Caskey, with SCS

SB 547-Caskey, with SCS

SB 392-Shields

SB 519-Foster, with SCA 1

SB 204-Yeckel, et al

SB 31-Foster, with SCS



SB 431-Gibbons

SB 506-Clemens

SB 455-Dougherty and Shields

SB 425-Scott

SB 73-Bland, with SCS

SB 358-Shields, with SCS

SB 93-Shields

SB 447-Bartle, with SCS

SB 407-Klindt

SB 373-Bartle, with SCS

SB 283-Klindt





BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



HCS for HB 15, with SCS

(Russell)



RESOLUTIONS



SR 30-Shields, with SCS, SS

for SCS & SA 1 (pending)