Journal of the Senate

FIRST REGULAR SESSION


THIRTY-SEVENTH DAY--THURSDAY, MARCH 13, 2003


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Take heed therefore how you hear." (Luke 8:18)

Gracious Lord, we know how easy it is to not be fully attentive or to hear what is truly being said. Help us today and especially this weekend, to be willing to actively listen to those closest to us and be prepared to let their words touch us so as to improve our relationship with them. And may we be even more prepared to hear Your Word and let it accomplish in us what You will. 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.

Photographers from the Associated Press and KRCG-TV 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
Russell Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
Absent with leave--Senators
DePasco Quick--2


The Lieutenant Governor was present.



RESOLUTIONS

Senator Steelman offered Senate Resolution No. 396, regarding Elaine P. Niemeyer, New Hartford, which was adopted.

Senator Days offered Senate Resolution No. 397, regarding Rachel Parrent and Vantage Credit Union, Bridgeton, which was adopted.

Senator Childers offered Senate Resolution No. 398, regarding the Missouri National Guard 203rd Engineer Battalion, which was adopted.

REPORTS OF STANDING COMMITTEES

Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Steve Roling, as Director of the Department of Social Services;

Also,

Don Walsworth and Cheryl Walker, as members of the University of Missouri Board of Curators.

Senator Kinder requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Kinder moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments, which motion prevailed.

President Pro Tem Kinder assumed the Chair.

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 243, begs leave to report that it has considered the same and recommends that the bill do pass.

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 were referred SB 361, SB 103, SB 156 and SB 329, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following reports:

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred SCS for SB 11, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred HB 412, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred SB 28, begs leave to report that it has considered the same and recommends that the bill do pass.

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 was referred SB 362, begs leave to report that it has considered the same and recommends that the bill do pass.

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 184, begs leave to report that it has considered the same and recommends that the bill do pass.

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 159, 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 571, 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 618, 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 534, 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 351, 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 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 16, 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 120, 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 504, 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 513, 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 562, 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 577, 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 578, 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 590, 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 592, 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 621, 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 635, 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 694, begs leave to report that it has considered the same and recommends that bill do pass and be placed on the Consent Calendar.

Senator Shields assumed the Chair.

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

Mr. President: Your Committee on Education, to which was referred SB 180, 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 were referred SB 632 and SB 644, 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 Education, to which was referred SB 642, 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 Education, to which was referred SB 676, 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 Education, to which was referred SB 666, 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 Education, to which was referred SB 686, 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.

President Maxwell assumed the Chair.

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 334, 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 Klindt, Chairman of the Committee on Agriculture, Conservation, Parks and Natural Resources, submitted the following reports:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 651, 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 Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 668, 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 Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 606, 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 Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 611, 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 Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following report:

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred SB 623, 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 Vogel, Chairman of the Committee on Ways and Means, submitted the following reports:

Mr. President: Your Committee on Ways and Means, to which was referred SB 293, 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 Ways and Means, to which was referred SB 583, 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 Dolan, Chairman of the Committee on Transportation, submitted the following reports:

Mr. President: Your Committee on Trans-portation, to which was referred SB 438, 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 490, 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 594, 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 Trans-portation, to which was referred SB 598, 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 697, 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 reports:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 552, 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 Pensions and General Laws, to which was referred SB 463, 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 Pensions and General Laws, to which was referred SB 511, 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 reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 455, 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 31, 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 283, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

THIRD READING OF SENATE BILLS

SCS for SB 11, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 11An Act to repeal section 143.181, RSMo, and to enact in lieu thereof two new sections relating to taxation, with an emergency clause and a termination date.

Was taken up by Senator Kinder.

On motion of Senator Kinder, SCS for SB 11 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Foster
Gibbons Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Nodler Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--25
NAYS--Senators
Bray Coleman Days Dougherty
Goode Mathewson--6
Absent--Senator Bland--1
Absent with leave--Senators
DePasco Quick--2


The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Foster
Gibbons Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Nodler Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--25
NAYS--Senators
Bray Coleman Days Dougherty
Goode Mathewson--6
Absent--Senator Bland--1
Absent with leave--Senators
DePasco Quick--2

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

Senator Kinder 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 Scott moved that SB 280, with SCS, SS for SCS, SS for SS for SCS and SA 2 (pending) be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Part 3 of SA 2 was again taken up.

Senator Jacob moved that Part 3 of SA 2 be adopted.

A quorum was established by the following vote:

Present--Senators
Bartle Bland Bray Caskey
Cauthorn Champion Childers Clemens
Coleman Days Dougherty Foster
Gibbons Griesheimer Gross Kennedy
Kinder Klindt Loudon Nodler
Scott Shields Steelman Stoll
Vogel Wheeler Yeckel--27
Absent--Senators
Dolan Goode Jacob Mathewson
Russell--5
Absent with leave--Senators
DePasco Quick--2

Senator Shields assumed the Chair.

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

SS for SS for SCS for SB 280 was again taken up.

Senator Bartle offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 34, Section 537.767, Lines 1-10 of said page, by striking said section from the bill; and further amend the title and enacting clause accordingly.

Senator Bartle moved that the above amendment be adopted.

Senator Jacob requested a roll call vote be taken and was joined in his request by Senators Bartle, Caskey, Days and Gibbons.

SA 3 was adopted by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion 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--30
NAYS--Senators
Bland Childers--2
Absent--Senators--None
Absent with leave--Senators
DePasco Quick--2

At the request of Senator Scott, SB 280, with SCS, SS for SCS and SS for SS for SCS, as amended (pending), was placed on the Informal Calendar.

On motion of Senator Gibbons, the Senate recessed until 12:45 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Shields.

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 289, entitled:

An Act to amend chapter 99, RSMo, by adding thereto twenty-two new sections relating to Missouri downtown economic stimulus act.

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 554, entitled:

An Act to repeal section 171.033, RSMo, and to enact in lieu thereof one new section relating to inclement weather exceptions for mandatory days of school attendance, 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 HS for HCS for HB 156, entitled:

An Act to repeal section 188.039, RSMo, and to enact in lieu thereof two new sections relating to a twenty-four hour waiting period for certain medical procedures, with an effective date for a certain section.

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 HB 257, entitled:

An Act to repeal sections 147.120, 148.330, 348.430, and 348.432, RSMo, and to enact in lieu thereof four new sections relating to tax credits.

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 410, entitled:

An Act to repeal sections 191.831, 302.540, 577.049, and 577.520, RSMo, and to enact in lieu thereof four new sections relating to substance abuse traffic offender program.

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 144, entitled:

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to sales taxes for financing an exhibition center and recreational facilities, with an emergency clause.

Emergency clause defeated.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

SENATE BILLS FOR PERFECTION

Senator Scott moved that SB 280, with SCS, SS for SCS and SS for SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SS for SCS for SB 280 was again taken up.

Senator Bartle offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 40, Section 538.224, Lines 12-27 of said page, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

Senator Bartle moved that the above amendment be adopted.

Senator Jacob requested a roll call vote be taken and was joined in his request by Senators Clemens, Days, Kinder and Scott.

SA 4 was adopted by the following vote:

YEAS--Senators
Bartle Bland Bray Caskey
Coleman Days Dougherty Gibbons
Goode Griesheimer Jacob Kennedy
Kinder Klindt Mathewson Scott
Steelman Stoll Vogel Wheeler--20
NAYS--Senators
Cauthorn Champion Childers Clemens
Foster Loudon Nodler Russell
Shields Yeckel--10
Absent--Senators
Dolan Gross--2
Absent with leave--Senators
DePasco Quick--2

Senator Bartle offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 27, Section 537.067, Line 4 of said page, by striking the word "fifty" and inserting in lieu thereof the following: "ten".

Senator Bartle moved that the above amendment be adopted.

Senator Scott offered SSA 1 for SA 5, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 27, Section 537.067, Line 4, by deleting the word "fifty" and inserting in lieu thereof the word "twenty".

Senator Scott moved that the above substitute amendment be adopted.

At the request of Senator Scott, SSA 1 for SA 5 was withdrawn.

At the request of Senator Bartle, SA 5 was withdrawn.

Senator Bartle offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Pages 38-40, Section 538.213, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

Senator Bartle moved that the above amendment be adopted.

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

Under the provisions of SR 90, Senator Shields requested unanimous consent to be excused from voting on the adoption of SA 6, which request was granted.

SA 6 was adopted by the following vote:

YEAS--Senators
Bartle Bland Bray Caskey
Champion Childers Clemens Coleman
Days Dougherty Gibbons Goode
Jacob Kennedy Kinder Klindt
Mathewson Nodler Scott Steelman
Stoll Vogel Wheeler Yeckel--24
NAYS--Senators
Cauthorn Dolan Foster Griesheimer
Gross Loudon Russell--7
Absent--Senators--None
Absent with leave--Senators
DePasco Quick--2
Excused from voting--Senator Shields--1

Senator Steelman offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 28, Section 537.071, Lines 17-25 of said page, by striking said section from the bill; and further amend the title and enacting clause accordingly.

Senator Steelman moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Bartle, Bray, Days and Griesheimer.

SA 7 was adopted by the following vote:

YEAS--Senators
Bartle Bray Caskey Coleman
Days Dougherty Gibbons Goode
Jacob Kennedy Kinder Klindt
Mathewson Steelman Stoll Wheeler--16
NAYS--Senators
Cauthorn Champion Childers Clemens
Foster Griesheimer Gross Loudon
Nodler Scott Shields Yeckel--12
Absent--Senators
Bland Dolan Russell Vogel--4
Absent with leave--Senators
DePasco Quick--2

Senator Bartle offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Pages 42-43, Section 538.234, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

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

Senator Bartle offered SA 9, which was read:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 24, Section 510.263, Line 29 of said page, by striking all of said line; and

Further amend said bill and section, Page 25, Lines 1 to 10 of said page, by striking all of said lines.

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

Senator Steelman offered SA 10, which was read:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 43, Section 1, Line 28 of said page, by inserting after all of said line the following:

"Section 2. The provisions of this act shall only apply to causes of action filed after August 28, 2003."; and

Further amend the title and enacting clause accordingly.

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

Senator Kinder offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 1, Section A, Line 9 of said page, by inserting after all of said line the following:

"34.360. This act may be known and may be cited as the "Private Attorney Retention Act".

34.363. For the purposes of sections 34.360 to 34.371, a contract is a contract or contracts in which the fee paid to an attorney or group of attorneys, either in the form of a flat, hourly, or contingent fee, and their expenses, exceeds or can be reasonably expected to exceed one hundred thousand dollars in any fiscal year.

34.366. Any state agency that wishes to retain a lawyer or law firm to perform legal services on behalf of the agency shall obtain such services through open and competitive bids.

34.369. No state agency shall enter into a contract or contracts for legal services or encumber on behalf of any such contract or contracts in an amount exceeding one hundred thousand dollars in any fiscal year without a specific appropriation for that purpose.

34.371. 1. At the conclusion of any legal proceeding for which a state agency retained outside counsel on a contingent fee basis, the state agency shall receive from counsel a statement of the hours worked on the case, expenses incurred, the aggregate fee amount, and a breakdown as to the hourly rate, based on hours worked divided into fee recovered, less expenses. Each state agency shall transmit the information to the office of administration on October first for the preceding fiscal year and the office of administration shall submit a report to the general assembly before January first, annually.

2. In no case shall any state agency pay expenses in excess of one thousand dollars per hour for legal services."; and

Further amend the title and enacting clause accordingly.

Senator Kinder moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Clemens, Cauthorn, Scott and Foster.

Senator Jacob raised the point of order that SA 11 is out of order, as it exceeds the scope of the bill.

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

SA 11 was again taken up.

Senator Jacob offered SSA 1 for SA 11:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 1, Section A, Line 9, by inserting after all of said line the following:

"34.360. This act may be known and may be cited as the "Private Attorney Retention Act".

34.363. For the purposes of sections 34.360 to 34.371, a contract is a contract or contracts in which the fee paid to an attorney or group of attorneys, either in the form of a flat, hourly, or contingent fee, and their expenses, exceeds or can be reasonably expected to exceed one hundred thousand dollars in any fiscal year.

34.366. Any state agency that wishes to retain a lawyer or law firm to perform legal services on behalf of the agency shall obtain such services through open and competitive bids. Any bank account of the state with a value of ten thousand dollars or more shall be obtained through open and competitive bids.

34.369. No state agency shall enter into a contract or contracts for legal services or encumber on behalf of any such contract or contracts in an amount exceeding one hundred thousand dollars in any fiscal year without a specific appropriation for that purpose.

34.371. 1. At the conclusion of any legal proceeding for which a state agency retained outside counsel on a contingent fee basis, the state agency shall receive from counsel a statement of the hours worked on the case, expenses incurred, the aggregate fee amount, and a breakdown as to the hourly rate, based on hours worked divided into fee recovered, less expenses. Each state agency shall transmit the information to the office of administration on October first for the preceding fiscal year and the office of administration shall submit a report to the general assembly before January first, annually.

2. In no case shall any state agency pay expenses in excess of one thousand dollars per hour for legal services."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above substitute amendment be adopted.

Senator Kinder requested a roll call vote be taken and was joined in his request by Senators Champion, Griesheimer, Klindt and Jacob.

Senator Childers assumed the Chair.

SSA 1 for SA 11 was adopted by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Coleman
Days Dougherty Foster Gibbons
Griesheimer Gross Jacob Kennedy
Kinder Klindt Mathewson Nodler
Russell Scott Shields Steelman
Stoll Vogel Yeckel--27
NAYS--Senators--None
Absent--Senators
Bland Dolan Goode Loudon
Wheeler--5
Absent with leave--Senators
DePasco Quick--2

Senator Bartle offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 27, Section 537.067, Line 4 of said page, by striking the word "fifty" and inserting in lieu thereof the following: "ten".

Senator Bartle moved that the above amendment be adopted.

At the request of Senator Bartle, SA 12 was withdrawn.

Senator Steelman offered SA 13:

SENATE AMENDMENT NO. 13

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 41, Section 538.225, Lines 10-13, by deleting all of said lines and inserting in lieu thereof the following:

"2. The health care provider who offers such opinion shall have education, training and experience in a like area of expertise as the defendant health care provider. The affidavit shall state the qualifications of such health care providers to offer such opinion.".

Senator Steelman moved that the above amendment be adopted.

Senator Shields assumed the Chair.

Senator Bartle offered SSA 1 for SA 13, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 13

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 41, Section 538.225, Lines 10-13, by deleting all of said lines and inserting in lieu thereof the following:

"2. The health care provider who offers such opinion shall have education, training and experience in a substantially similar area of expertise as the defendant health care provider. The affidavit shall state the qualifications of such health care providers to offer such opinion along with their name and address.".

Senator Bartle moved that the above substitute amendment be adopted.

At the request of Senator Bartle, SSA 1 for SA 13 was withdrawn.

SA 13 was again taken up.

Senator Bartle offered SSA 2 for SA 13:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 13

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 41, Section 538.225, Line 9, by inserting at the end of said line the following: "The written opinion shall be subject to in camera review at the request of any defendant for a determination of whether the health care provider offering such an opinion meets the qualifications set forth in subsection 6 of this section."; and further amend said section and page, lines 10-11 by deleting the words "the name and address of all health care providers offering such opinion and"; and further amend said section and page, line 26, by deleting ", including certifications,".

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

Senator Scott offered SA 14, which was read:

SENATE AMENDMENT NO. 14

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 26, Section 512.099, Line 15 of said page, by striking "twenty-five" and inserting in lieu thereof the following: "fifty"; and further amend said section and page, line 18, by striking "twenty-five" and inserting in lieu thereof the following: "fifty"; and further amend said section and page, line 22, by striking "twenty-five" and inserting in lieu thereof the following: "fifty"; and further amend said section and page, line 24, by striking "twenty-five" and inserting in lieu thereof the following: "fifty".

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

Senator Childers offered SA 15:

SENATE AMENDMENT NO. 15

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 9, Section 258.100, Line 24, by inserting the words "or utilized" after the word "acquired" on said line and further amend said section and page, line 25, by inserting the words "or utilized" after the word "acquired" on said line.

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

Senator Scott offered SA 16, which was read:

SENATE AMENDMENT NO. 16

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 27, Section 537.067, Line 4, by deleting the word "fifty" and inserting in lieu thereof the word "twenty".

Senator Scott moved that the above amendment be adopted.

A quorum was established by the following vote:

Present--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Coleman Days
Dougherty Gibbons Griesheimer Gross
Kennedy Kinder Klindt Loudon
Nodler Russell Scott Shields
Steelman Stoll Vogel Yeckel--24
Absent--Senators
Bland Bray Dolan Foster
Goode Jacob Mathewson Wheeler--8
Absent with leave--Senators
DePasco Quick--2

Senator Gibbons offered SSA 1 for SA 16, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 16

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 27, Section 537.067, Line 4, by deleting the word "fifty" and inserting in lieu thereof the word "ten".

Senator Gibbons moved that the above substitute amendment be adopted.

Senator Jacob offered SA 1 to SSA 1 for SA 16:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 16

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 16 for Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 1, Section 537.067, Line 2, by deleting "ten" and inserting in lieu thereof the following: "forty-nine".

Senator Jacob moved that the above amendment be adopted.

Senator Cauthorn raised the point of order that SA 1 to SSA 1 for SA 16 is out order as it is in the third degree.

The point of order was referred to the President Pro Tem, who ruled it well taken.

SSA 1 for SA 16 was again taken up.

A quorum was established by the following vote:

Present--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Coleman
Days Dougherty Gibbons Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Stoll Vogel Yeckel--27
Absent--Senators
Bland Dolan Foster Goode
Wheeler--5
Absent with leave--Senators
DePasco Quick--2

At the request of Senate Scott, SB 280, with SCS, SS for SCS, SS for SS for SCS, SA 16 and SSA 1 for SA 16 (pending), was placed on the Informal Calendar.

RESOLUTIONS

Senator Vogel offered Senate Resolution No. 399, regarding Bernard Warren Goodin, Henley, which was adopted.

Senator Vogel offered Senate Resolution No. 400, regarding the One Hundredth Birthday of Lois Mae (McDonald) Crismon, Eldon, which was adopted.

Senator Jacob offered Senate Resolution No. 401, regarding Cedar Ridge Elementary School, Columbia, which was adopted.

Senator Caskey offered Senate Resolution No. 402, regarding Wayne Reid, Peculiar, which was adopted.

Senator Kennedy offered Senate Resolution No. 403, regarding Marie Lucille (Myers) Edgar, Potosi, which was adopted.

Senator Shields offered Senate Resolution No. 404, regarding Caroline Marie Hinrichs, Gladstone, which was adopted.

COMMUNICATIONS

Senator Gibbons submitted the following:

March 13, 2003

Mrs. Terry Spieler

Secretary of the Senate

Room 325, State Capitol Building

Jefferson City, MO 65101

Dear Mrs. Spieler:

The Rules, Joint Rules, Resolutions and Ethics Committee approved the 92nd General Assembly's Sportsmen's Caucus at the January 28, 2003 meeting.

Please add the following member(s) to the caucus:

Senator Bill Foster

Yours truly,

/s/ Michael R. Gibbons

MICHAEL R. GIBBONS

President Pro Tem Kinder submitted the following:

March 13, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Joint Committee on Transportation Oversight

Dear Terry:

Pursuant to Section 21.795, RSMo 2002, I am appointing Senator Jon Dolan to the Joint Committee on Transportation Oversight.

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,

March 13, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Joint Committee on Gaming and Wagering

Dear Terry:

Pursuant to Section 313.001, RSMo 2002, I am appointing the following Senators to the Joint Committee on Gaming and Wagering:

Senator Carl Vogel

Senator John Griesheimer

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, his wife, Teresa, and their son, Andrew; and Jane Houf, Angie Walker, Julie Scholting, Vickie Mika, Sissy Hauen, Gina Thomas, Dan Pehle, A. Adams, Becky Peterson, Ruth Ann Frey, Charlotte Iman, and thirty-eight students from McMillan Elementary School, Mexico.

Senator Wheeler introduced to the Senate, John Sparks, and thirteen members of St. Elizabeth's Pack 150 Cub Scouts, Kansas City.

Senator Kennedy introduced to the Senate, students from St. Cecilia's Grade School, St. Louis.

Senator Kennedy introduced to the Senate, Joan Chiavello, Clarendon Hills, Illinois.

Senator Kinder introduced to the Senate, former Lieutenant Governor Bill Phelps, Kansas City; and Franklin Norman, Vernon County.

Senator Russell introduced to the Senate, Mrs. Geraldine Rader, Mrs. Blunk, and forty-five seventh grade students from Winona Middle School, Winona.

Senator Russell introduced to the Senate, Jim Shapiro, Camdenton.

Senator Cauthorn introduced to the Senate, Tatum Thurman, Betsy Ross, Julie Ross, Brenda Miller, Pam Sampson, Aaron Baker, and twenty-one students from Atlanta C-3 School, Atlanta.

Senator Russell introduced to the Senate, Samantha Borgman, Ethan Niehaus, Derek

Daniels, Shelly Renegar, Jennifer Matthews, Kayla Smith, Shirley Chambers, Katrina Patterson, and students from Mountain View Birch Tree Elementary School, Mountain View; and Samantha, Ethan, Derek, Shelly, and Jennifer were made honorary pages.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Barbara Keller, M.D., Columbia.

Senator Kinder introduced to the Senate, fifty fourth grade students from Nell Holcomb School, Cape Girardeau.

On motion of Senator Gibbons, the Senate adjourned until 9:00 a.m., Friday, March 14, 2003.

SENATE CALENDAR

______



THIRTY-EIGHTH DAY-FRIDAY, MARCH 14, 2003

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 599-Childers and Gibbons

SB 636-Mathewson

SB 670-Dougherty

SB 675-Gross, et al

SB 677-Vogel and Russell

SB 678-Vogel 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

HCS for HB 166

HCS for HB 181

HB 187-Cooper (120) and

Davis (122)

HB 208-Engler, et al

HB 286-Bearden

HCS for HB 245

HCS for HBs 59 & 269

HCS for HB 202

HB 247-Ward, et al

HCS for HB 253

HB 278-Davis (19) and

Parker

HCS for HB 277



HB 292-Wagner

HB 314-Engler

HCS for HB 289

HCS for HB 554

HS for HCS for HB 156-

Phillips

HS for HCS for HB 257-

Munzlinger

HCS for HB 410

HCS for HB 144



SENATE BILLS FOR PERFECTION



1. SB 298-Griesheimer,

with SCS

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

3. SBs 125 & 290-Goode,

with SCS

4. SB 422-Childers, with SCS

5. SB 2-Russell, with SCS

6. SB 544-Gross, et al, with

SCS

7. SB 450-Mathewson, et al,

with SCS

8. SB 305-Jacob and Steelman

9. SB 410-Shields and Goode,

with SCS

10. SB 5-Caskey, with SCS

11. SBs 556 & 311-Kinder,

et al, with SCS

12. SB 243-Yeckel

13. SBs 361, 103, 156 &

329-Steelman, with SCS

14. SB 28-Gross

15. SB 362-Steelman and

Gross

16. SB 184-Bartle and Scott

HOUSE BILLS ON THIRD READING



HB 412-Goodman, et al





INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 18-Yeckel and Cauthorn,

with SCS & SS for SCS

(pending)

SB 24-Steelman, 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 207-Mathewson

SB 217-Champion and

Clemens, with SS (pending)

SB 253-Steelman, et al, with

SCS, SS for SCS & SA 1 (pending)

SB 264-Shields, with SCS



SB 280-Scott, et al, with SCS,

SS for SCS, SS for SS for

SCS, SA 16 & SSA 1 for SA 16 (pending)

SB 300-Cauthorn, et al, with SCS

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



Reported 3/3



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 431-Gibbons

SB 506-Clemens

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



Reported 3/11



SB 165-Bland

SB 480-Dolan

SB 492-Scott

SB 548-Champion

SB 607-Loudon

SB 616-Nodler

SB 399-Caskey



Reported 3/13



SB 159-Bland, with SCS

SB 571-Loudon

SB 618-Kennedy and Shields

SB 534-Cauthorn

SB 351-Dougherty, with SCS

SB 16-Childers, with SCS

SB 120-Caskey

SB 504-Clemens and

Champion, with SCS

SB 513-Kennedy and Coleman,

with SCS

SB 562-Griesheimer, with SCS

SB 577-Shields

SB 578-Shields

SB 590-Shields

SB 592-Foster, with SCS

SB 621-Loudon, with SCS

SB 635-Mathewson, with SCS

SB 694-Klindt

SB 180-Bland

SBs 632 & 644-Days, with SCS

SB 642-Foster, with SCS

SB 676-Kennedy, with SCS

SB 666-Bland, with SCS

SB 686-Russell, with SCS

SB 334-Goode

SB 651-Steelman, et al

SB 668-Cauthorn and Klindt

SB 606-Coleman

SB 611-Clemens, et al

SB 623-Foster

SB 293-Vogel

SB 583-Nodler

SB 438-Clemens, et al

SB 490-Dolan

SB 594-Bray, with SCS

SB 598-Childers and Nodler

SB 697-Nodler, et al

SB 552-Yeckel

SB 463-Gross

SB 511-Kinder, et al





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)