Journal of the Senate

FIRST REGULAR SESSION


FORTY-FIRST DAY--WEDNESDAY, MARCH 19, 2003


The Senate met pursuant to adjournment.

President Pro Tem Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"Know that wisdom is such to your soul; if you find it, you will find a future and your hope will not be cut off." (Proverbs 24:14)

O Lord, You are the only source of wisdom and we seek it so we may be more effective in our work here. Help that the decisions we make and laws we pass may provide our state and our people with hope at this time that is so challenging and filled with doubts and fears. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

The Journal of the previous day was read and approved.

Photographers from KRCG-TV, the Associated Press and KOMU-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
Quick Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
Absent with leave--Senator DePasco--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Quick offered Senate Resolution No. 426, regarding Rita B. Hanks, Smithville, which was adopted.

Senator Gibbons offered Senate Resolution No. 427, regarding Emil A. Wilde, Kirkwood, which was adopted.

Senator Nodler offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 428

WHEREAS, it is with special pleasure that the members of the Missouri Senate pause to recognize an outstanding Missouri citizen whose selfless acts of courage and bravery are an inspiration to all who know and love him; and

WHEREAS, Kyle Benford of Joplin, Missouri, is to be commended for his heroic role in saving the lives of two individuals who nearly drowned after the car in which they were traveling skidded off the road and landed in a pond; and

WHEREAS, nineteen-year-old Kyle Benford and his girlfriend were sitting at a stop sign when they witnessed the car skid off the road and jump twenty feet into the pond, which is located on land owned by Don and Connie Balestrin; and

WHEREAS, Kyle Benford left his vehicle and quickly jumped into the pond, where the car was completely submerged, and helped the female passenger out of the car and safely to shore; and

WHEREAS, Kyle then returned to the water to rescue the driver, twenty-nine-year-old Rob Sneed, who had swum to the back of the car and was trying unsuccessfully to get out the back window; and

WHEREAS, Kyle Benford used a hammer to break the back window and retrieve the driver, pulling him to shore as the Missouri State Highway Patrol and ambulance crews arrived at the scene; and

WHEREAS, Rob Sneed and his passenger took solace at the home of Don and Connie Balestrin, where they warmed themselves by the fire and the details of their accident and rescue by Kyle Benford eventually began to sink in as the shock of their ordeal wore off; and

WHEREAS, without the quick thinking and unselfish actions of Kyle Benford, the couple could have faced a more serious situation or even drowned;

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-second General Assembly, unanimously join in a thunderous round of applause for Kyle Benford, a remarkable young man whose selfless attempt to save the lives of two complete strangers has earned him the title of "hero"; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Kyle Benford, as a mark of our esteem for him.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and CCS for SCS for HCS for HB 15, 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.

THIRD READING OF SENATE BILLS

President Maxwell assumed the Chair.

Senator Scott moved that SS for SS for SCS for SB 280 be taken up for 3rd reading and final passage, which motion prevailed.

Senator Gross assumed the Chair.

On motion of Senator Scott, SS for SS for SCS for SB 280 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Foster Gibbons
Goode Griesheimer Gross Kinder
Klindt Loudon Nodler Russell
Scott Shields Steelman Vogel
Yeckel--21
NAYS--Senators
Bland Bray Caskey Coleman
Days Dougherty Jacob Kennedy
Mathewson Quick Stoll Wheeler--12
Absent--Senators--None
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Griesheimer moved that SB 298, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 298, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 298

An Act to repeal sections 311.080, 311.200, 311.260, 311.280, 311.290, 311.293, 311.325, 311.328, 311.360, 311.630, 312.407, and 312.410, RSMo, and to enact in lieu thereof twelve new sections relating to liquor control, with penalty provisions.

Was taken up.

Senator Griesheimer moved that SCS for SB 298 be adopted.

Senator Griesheimer offered SS for SCS for SB 298, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 298

An Act to repeal sections 311.080, 311.097, 311.195, 311.200, 311.260, 311.280, 311.290, 311.293, 311.325, 311.328, 311.360, 311.630, 312.407, and 312.410, RSMo, and to enact in lieu thereof fifteen new sections relating to liquor control, with penalty provisions.

Senator Griesheimer moved that SS for SCS for SB 298 be adopted.

Senator Childers offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 298, Page 6, Section 311.200, Line 19 of said page, by striking the word "one" and inserting in lieu thereof the word "five"; and

Further amend said bill, Page 7, Section 311.200, Line 2 of said page, by striking the word "fifteen" and inserting in lieu thereof the word "fifty"; and further amend line 15 of said page, by striking the word "twenty-five" and inserting in lieu thereof the word "fifty"; and further amend line 26 of said page, by striking the word "thirty-five" and inserting in lieu thereof the word "fifty".

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

Senator Shields assumed the Chair.

Senator Childers offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 298, Page 3, Section 311.097, Line 3 of said page, by striking the word "thirty" and inserting in lieu thereof the words "one hundred"; and further amend line 17 of said page, by striking the word "thirty" and inserting in lieu thereof the words "one hundred"; and further amend line 22 of said page, by striking the word "thirty" and inserting in lieu thereof the words "one hundred"; and

Further amend said bill, Page 9, Section 311.260, Line 26 of said page, by striking the word "thirty" and inserting in lieu thereof the words "one hundred".

Senator Childers moved that the above amendment be adopted.

At the request of Senator Griesheimer, SB 298, with SCS, SS for SCS and SA 2 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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 SCS for SB 264, 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.

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 93, entitled:

An Act to authorize the conveyance of property owned by the state in the county of Callaway to the city of Fulton, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 99, entitled:

An Act to repeal section 130.016, RSMo, and to enact in lieu thereof one new section relating to campaign contribution filing requirements.

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 133, entitled:

An Act to repeal sections 115.531 and 115.575, RSMo, and to enact in lieu thereof two new sections relating to elections of circuit and associate circuit judges.

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 162, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to a memorial highway.

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 199, entitled:

An Act to repeal section 84.510, RSMo, and to enact in lieu thereof one new section relating to certain police officers.

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 246, entitled:

An Act to repeal section 86.690, RSMo, and to enact in lieu thereof four new sections relating to police relief and pension systems.

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 284, entitled:

An Act to repeal section 304.157, as enacted by senate bill no. 17, ninetieth general assembly, first regular session, relating to vehicles left unattended or improperly parked on private property of another.

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 307, entitled:

An Act to repeal section 44.090, RSMo, and to enact in lieu thereof one new section relating to mutual-aid agreements.

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 332, entitled:

An Act to repeal sections 337.600 and 337.633, RSMo, and to enact in lieu thereof three new sections relating to social work, with a penalty provision.

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 348 and 347, entitled:

An Act to repeal sections 70.660 and 70.686, RSMo, and to enact in lieu thereof two 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 HB 358, entitled:

An Act to repeal section 328.110, RSMo, and to enact in lieu thereof one new section relating to barbers' licenses.

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 431, entitled:

An Act to repeal section 104.450, RSMo, and to enact in lieu thereof one new section relating to public retirement systems.

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 440, entitled:

An Act to repeal section 332.327, RSMo, and to enact in lieu thereof one new section relating to dentists.

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 141, entitled:

An Act to repeal section 536.077, RSMo, and to enact in lieu thereof one new section relating to subpoenas.

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 249, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to designation of a certain state route.

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 251, entitled:

An Act to repeal section 301.566, RSMo, and to enact in lieu thereof one new section relating to motor vehicle sales or shows.

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 261, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to designation of a state entity.

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 327, entitled:

An Act to repeal section 227.120, RSMo, and to enact in lieu thereof one new section relating to the construction and maintenance of highways, 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 HCS for HB 371, entitled:

An Act to repeal sections 307.177 and 307.400, RSMo, and to enact in lieu thereof two new sections relating to hazardous waste carriers, 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 376, entitled:

An Act to repeal section 58.096, RSMo, and to enact in lieu thereof one new section relating to deputy coroner compensation.

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 493, entitled:

An Act to amend chapter 301, RSMo, by adding thereto 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 HB 553, entitled:

An Act to repeal section 67.210, RSMo, and to enact in lieu thereof one new section relating to health insurance benefits for officers and employees of political subdivisions.

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 574, entitled:

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.

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 521, entitled:

An Act to repeal section 320.094, RSMo, and to enact in lieu thereof one new section relating to the Missouri Fire Education Trust Fund.

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 97, entitled:

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to a law enforcement sales tax, with an emergency clause.

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 HCS for HB 394, entitled:

An Act to amend chapter 194, RSMo, by adding thereto one new section relating to the designation of next-of-kin for deceased persons.

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 HB 1, entitled:

An Act to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Stormwater Control Bonds, Third State Building Bonds and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Stormwater Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund and Stormwater Control Fund, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 2, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 3, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs, and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

On motion of Senator Gibbons, the Senate recessed until 3:00 p.m.

RECESS

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

REFERRALS

President Pro Tem Kinder referred SCR 14 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

President Pro Tem Kinder referred SB 159, with SCS, to the Committee on Governmental Accountability and Fiscal Oversight.

SENATE BILLS FOR PERFECTION

Senator Griesheimer moved that SB 298, with SCS, SS for SCS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 2 was again taken up.

Senator Kinder offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 298, Page 3, Section 311.097, Line 3 of said page, by striking the word "thirty" and inserting in lieu thereof the word "fifty"; and further amend line 17 of said page, by striking the word "thirty" and inserting in lieu thereof the word "fifty"; and further amend line 22 of said page, by striking the word "thirty" and inserting in lieu thereof the word "fifty"; and

Further amend said bill, Page 9, Section 311.260, Line 26 of said page, by striking the word "thirty" and inserting in lieu thereof the word "fifty".

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

Senator Steelman offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 298, Page 1, Section A, Line 7 of said page, by inserting after all of said line the following:

"311.050. It shall be unlawful for any person, firm, partnership or corporation to manufacture, sell or expose for sale in this state intoxicating liquor, as defined in section 311.020, in any quantity, or allow such liquor on the premises of an adult cabaret as defined in section 573.500, RSMo, without taking out a license.

311.053. Notwithstanding any other provisions of this chapter or chapter 312, RSMo, to the contrary, any person who possesses the qualifications required by this chapter, and who meets the requirements of and complies with the provisions of this chapter or chapter 312, RSMo, may apply for and the supervisor of alcohol and tobacco control may issue a license to possess intoxicating liquor, as defined in this chapter, on the premises of an adult cabaret as defined in section 573.500, RSMo, so long as the person complies with the provisions of section 573.509, RSMo."; and

Further amend said bill, Page 17, Section 312.410, Line 14 of said page, by inserting after all of said line the following:

"573.509. 1. No person less than twenty-one years of age shall dance in an adult cabaret as defined in section 573.500, nor shall any proprietor of such establishment permit any person less than twenty-one years of age to dance in an adult cabaret.

2. Any person who violates the provisions of subsection 1 of this section is guilty of a class A misdemeanor."; and

Further amend the title and enacting clause accordingly.

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

Senator Griesheimer moved that SS for SCS for SB 298, as amended, be adopted, which motion prevailed.

On motion of Senator Griesheimer, SS for SCS for SB 298, as amended, was declared perfected and ordered printed.

Senator Bartle moved that SB 427, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 427, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 427

An Act to repeal sections 409.101, 409.102, 409.201, 409.202, 409.203, 409.204, 409.301, 409.302, 409.303, 409.304, 409.305, 409.306, 409.307, 409.401, 409.402, 409.403, 409.404, 409.405, 409.406, 409.407, 409.408, 409.409, 409.410, 409.411, 409.412, 409.413, 409.414, 409.415, 409.416, 409.418, 409.420, and 409.421, RSMo, and to enact in lieu thereof fifty-three new sections relating to securities regulation, with penalty provisions.

Was taken up.

Senator Bartle moved that SCS for SB 427 be adopted, which motion prevailed.

On motion of Senator Bartle, SCS for SB 427 was declared perfected and ordered printed.

Senator Goode moved that SB 125 and SB 290, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 125 and 290, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 125 and 290

An Act to amend chapter 393, RSMo, by adding thereto seven new sections relating to recovery of certain costs by utilities.

Was taken up.

Senator Goode moved that SCS for SBs 125 and 290 be adopted.

Senator Dolan offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 125 and 290, Page 1, Section 393.1000, Line 7, by inserting immediately after the word "of" the following: "accumulated deferred income taxes and".

Senator Dolan moved that the above amendment be adopted.

Senator Bray offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 125 and 290, Page 1, Section 393.1000, Line 7, by inserting immediately after the word "of" the following: "accumulated deferred income taxes and"; and

Further amend said bill, Page 7, Section 393.1009, Line 7, by inserting immediately after the word "of" the following: "accumulated deferred income taxes and".

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

Senator Bartle assumed the Chair.

Senator Shields assumed the Chair.

Senator Kennedy offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 125 and 290, Page 13, Section 393.1018, Line 24, by inserting after the word "commission" the following: "but the amount of any rate increase resulting from such a petition filed pursuant to this section shall be disclosed in the utility's tariffs on file with the commission".

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

At the request of Senator Goode, SB 125 and SB 290, with SCS, as amended (pending), were placed on the Informal Calendar.

Senator Childers moved that SB 422, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 422, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 422

An Act to repeal section 162.261, RSMo, and to enact in lieu thereof one new section relating to qualification for service on a seven-director or urban school board.

Was taken up.

Senator Childers moved that SCS for SB 422 be adopted.

Senator Caskey offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 422, Page 1, Section 162.261, Line 12, by inserting after all of said line the following:

"Section 1. No person may run for, nor serve as a member of the Missouri general assembly who is married to an employee of the state, any state agency, board or commission or any political subdivision of this state."; and

Further amend the title and enacting clause accordingly.

Senator Caskey moved that the above amendment be adopted.

Senator Childers offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 422, Page 1, Section 162.261, Lines 10-12, by striking all of said lines and inserting in lieu thereof the following:

"2. No seven-director or urban school district board shall hire a spouse of any member of such board unless the position has been advertised in a local newspaper for at least thirty days in advance and the names of all applicants as well as the name of the applicant hired for the position are included in the board minutes.".

Senator Childers moved that the above substitute amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Dolan, Gibbons, Scott and Stoll.

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

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Coleman Dolan Foster
Gibbons Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Scott Shields
Steelman Vogel Yeckel--23
NAYS--Senators
Bland Bray Clemens Days
Dougherty Goode Quick Stoll
Wheeler--9
Absent--Senator Russell--1
Absent with leave--Senator DePasco--1

At the request of Senator Childers, SB 422, with 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 taken up and passed HS for HB 4, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 5, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration, the Department of Transportation, the Department of Public Safety, and the Chief Executive's Office, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 6, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement, and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 7, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 8, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 9, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 10, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health and Senior Services, and the several divisions and programs thereof, the Missouri Health Facilities Review Committee and the Commission for the Missouri Senior Rx Program to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 11, entitled:

An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.

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 HB 12, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement Systems, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, various joint committees, for the expenses of the interim committees established by the General Assembly, and to transfer money among certain funds, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.

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 13, entitled:

An Act to appropriate money for real property leases, related services, utilities, systems furniture, and structural modifications for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2005.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REPORTS OF STANDING COMMITTEES

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 SCS for SB 298, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 429, regarding Linda May Jones, ACSW, LCSW, Clinton, which was adopted.

Senator Cauthorn offered Senate Resolution No. 430, regarding Eric Gearing, DC, Clarksville, which was adopted.

Senator Cauthorn offered Senate Resolution No. 431, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. John A. Lyell, Hunnewell, which was adopted.

Senator Bland offered Senate Resolution No. 432, regarding the death of John Simpson Gillians, Kansas City, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Champion introduced to the Senate, Kenneth Knauer and Michael Quin, Springfield.

Senator Champion introduced to the Senate, the Physician of the Day, Norman P. Knowlton, III, M.D., Springfield.

Senator Caskey introduced to the Senate, Susie Yoder and eighth grade students from Harrisonville Middle School, Harrisonville; and Brok Dickey, Meredith Weedman, and Chandler Hight were made honorary pages.

Senator Gibbons introduced to the Senate, Charlie Spencer and Jan Shuster, Kirkwood.

Senator Shields introduced to the Senate, Teresa and Christian Robbins and June and Nick Andriano, St. Joseph; and Janet and Larry Leachman, Platte City.

Senator Steelman introduced to the Senate, Marilyn Smith and Junior Girl Scout Troop 189, Waynesville; and Madeleine Arnold, Kamariah Bailey, Lauren Cramer, Nicole French, Laura Gooderham, Krystal Krill, and Amber Varner were made honorary pages.



Senator Quick introduced to the Senate, Carroll Makemson and students from Liberty Middle School and Liberty Junior High School, Liberty.

Senator Caskey introduced to the Senate, Diana Kornfeld and the Student Advisory Board for Service-Learning at Belton High School.

On behalf of Senator Gross and himself, Senator Dolan introduced to the Senate, Linda Sellers, Wentzville; Cathi Lammert, St. Charles; and Kim Endraske, O'Fallon.

On behalf of Senator Gross and himself, Senator Dolan introduced to the Senate, Wayne Boschert and John Boerding, St. Charles; and Jim Bethman, St. Peters.

Senator Clemens introduced to the Senate, representatives of Americorps, Nixa.

Senator Scott introduced to the Senate, representatives of the Missouri Cattlemen's Association.

Senator Loudon introduced to the Senate, Whitney Weeks, and her mother, Carol, Chesterfield.

Senator Gibbons introduced to the Senate, fifty-five students from Webster Groves Computer School, Webster Groves.

Senator Dougherty introduced to the Senate, Britney and Laura Underwood, St. Louis.

Senator Gibbons introduced to the Senate, Frank Plescia, and his son, Matt, Creve Couer; and Matt was made an honorary page.

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





SENATE CALENDAR

______



FORTY-SECOND DAY-THURSDAY, MARCH 20, 2003

______



FORMAL CALENDAR



HOUSE BILLS ON SECOND READING



HCS for HB 288

HB 91-Mayer

HCS for HB 273

HS for HCS for HB 156-Phillips

HCS for HB 600

HCS for HB 93

HB 99-Seigfreid

HCS for HB 133

HB 162-Shoemaker

HB 199-Jolly, et al

HB 246-Bishop, et al

HB 284-Crawford

HB 307-Merideth and Shoemaker

HCS for HB 332

HCS for HBs 348 & 347

HB 358-Boykins

HCS for HB 431

HB 440-Portwood

HB 141-Mayer

HB 249-Seigfreid

HB 251-Smith (118)

HB 261-Whorton, et al



HB 327-Lipke

HCS for HB 371

HB 376-Cooper (120)

HCS for HB 493

HB 553-Smith (14)

HB 574-Jackson and Selby

HB 521-Dethrow, et al

HCS for HB 97

HCS for HB 394

HS for HB 1 (Bearden)

HS for HB 2 (Bearden)

HS for HB 3 (Bearden)

HS for HB 4 (Bearden)

HS for HB 5 (Bearden)

HS for HB 6 (Bearden)

HS for HB 7 (Bearden)

HS for HB 8 (Bearden)

HS for HB 9 (Bearden)

HS for HB 10 (Bearden)

HS for HB 11 (Bearden)

HS for HB 12 (Bearden)

HCS for HB 13 (Bearden)





THIRD READING OF SENATE BILLS



SB 207-Mathewson

SS for SCS for SB 264-Shields



SS for SCS for SB 298-

Griesheimer



SENATE BILLS FOR PERFECTION



1. SB 2-Russell, with SCS

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

3. SB 450-Mathewson, et al,

with SCS

4. SB 305-Jacob and Steelman

5. SB 410-Shields and Goode,

with SCS

6. SB 5-Caskey, with SCS

7. SBs 556 & 311-Kinder, et al, with SCS

8. SB 243-Yeckel

9. SBs 361, 103, 156 &

329-Steelman, with SCS

10. SB 28-Gross

11. SB 362-Steelman and Gross

12. SB 184-Bartle and Scott

13. SB 38-Klindt, et al, with SCS

HOUSE BILLS ON THIRD READING



HB 412-Goodman, et al (Childers)



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, with SS, SS for

SS & SA 1 (pending)

SB 69-Yeckel and Nodler,

with SCS (pending)

SB 112-Loudon, with SCS

SBs 125 & 290-Goode, with

SCS (pending)

SB 217-Champion and

Clemens, with SS (pending)

SB 253-Steelman, et al, with

SCS, SS for SCS & SA 1 (pending)

SB 300-Cauthorn, et al, with SCS

SB 347-Loudon, et al, with SCS

SB 422-Childers, with SCS

(pending)

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 3/4



SB 468-Bartle



Reported 3/10



SB 295-Shields, with SCS

SB 529-Childers

SB 547-Caskey, with SCS

SB 392-Shields

(In Fiscal Oversight)

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

(In Fiscal Oversight)

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 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





RESOLUTIONS



Reported from Committee



SR 30-Shields, with SCS, SS

for SCS & SA 1 (pending)