Journal of the Senate

FIRST REGULAR SESSION


SIXTY-EIGHTH DAY--WEDNESDAY, MAY 7, 2003


The Senate met pursuant to adjournment.

Senator Bartle in the Chair.

Reverend Carl Gauck offered the following prayer:

"But when one turns to the Lord, the veil is removed." (2 Corinthians 3:16)

Gracious Lord, we thank You that You are our God and we ask that You open our eyes to see past the mess, past the confusion, past the hurtful, to the brilliance of possibilities that You can provide those who seek You. As we move through this day, help us meet the challenges it will bring, as You would have us act. And we pray for the Doughertys as Beverly undergoes surgery today; guide the hands of the surgeons and touch her body with Your healing power bringing her finally to health and wholeness. 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 Senate paused for a moment of silence for the families that have been affected by the recent storms.

The Journal of the previous day was read and approved.

Photographers from the Associated Press, KRCG-TV 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
Days Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Russell Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
Absent with leave--Senators
Coleman DePasco--2
The Lieutenant Governor was present.

RESOLUTIONS



Senator Vogel offered Senate Resolution No. 892, regarding Christopher Andrew Walters, Jefferson City, which was adopted.

REFERRALS

President Pro Tem Kinder referred SS No. 2 for SCS for SBs 248, 100, 118, 233, 247, 341 and 420; and SS for SCS for SB 346 to the Committee on Governmental Accountability and Fiscal Oversight.

THIRD READING OF SENATE BILLS

SB 305, introduced by Senators Jacob and Steelman, entitled:

An Act to repeal section 144.020, RSMo, and to enact in lieu thereof one new section relating to sales taxes on health and fitness centers.

Was taken up by Senator Jacob.

On motion of Senator Jacob, SB 305 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SCS for SB 307, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 307

An Act to repeal section 208.565, RSMo, and to enact in lieu thereof one new section relating to the senior Rx program, with an emergency clause.

Was taken up by Senator Steelman.

On motion of Senator Steelman, SCS for SB 307 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Quick Russell
Scott Shields Steelman Stoll
Vogel Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Wheeler--2
Absent with leave--Senators
Coleman DePasco--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 Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Coleman DePasco--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.

SCS for SB 675, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 675

An Act to repeal sections 33.080, 166.300, 339.105, and 374.150, RSMo, and to enact in lieu thereof four new sections relating to certain special funds, with penalty provisions and an emergency clause.

Was taken up by Senator Gross.

On motion of Senator Gross, SCS for SB 675 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Quick Russell
Scott Shields Steelman Stoll
Vogel Yeckel--30
NAYS--Senator Caskey--1
Absent--Senator Wheeler--1
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

Senator Shields assumed the Chair.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bartle Bray Cauthorn Champion
Childers Clemens Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Russell Scott Shields
Steelman Stoll Vogel Yeckel--28
NAYS--Senator Caskey--1
Absent--Senators
Bland Quick Wheeler--3
Absent with leave--Senators
Coleman DePasco--2

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

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

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

REPORTS OF STANDING COMMITTEES

Senator Russell, Chairman of the Committee on Appropriations, submitted the following reports:

Mr. President: Your Committee on Appro-priations, to which was referred HCS for HB 16, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Committee Substitute for House Bill No. 16, Page 6, Section 16.065, Line 12, by inserting immediately after the word "Federal", the word "Funds"; and further amend said bill, section 16.095, line 9, by inserting immediately after the word "Federal", the word "Funds".

Also,

Mr. President: Your Committee on Appro-priations, to which was referred HCS for HB 17, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appro-priations, to which was referred HCS for HB 18, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Committee Substitute for House Bill No. 18, Page 2, Section 18.027, Line 7, by deleting the number "6,298,124" and inserting in lieu thereof the number "6,697,320"; and further amend said section, line 8, by deleting the number "$18,000,000" and inserting in lieu thereof the number "$18,399,196".

SENATE COMMITTEE AMENDMENT NO. 2

Amend House Committee Substitute for House Bill No. 18, Page 4, Section 18.090, Line 9, by inserting immediately after the word "Federal" the word "Funds".

Also,

Mr. President: Your Committee on Appro-priations, to which was referred HCS for HB 19, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Committee Substitute for House Bill No. 19, Page 5, Section 19.110, Line 4, by inserting immediately thereafter the following new section:

"Section 19.115. To the Board of Public Buildings

For the purchase of equipment for the replacement of the Jefferson City Correctional Center

From Proceeds of Revenue Bonds $8,000,000".

Also,

Mr. President: Your Committee on Appro-priations, to which was referred HCS for HB 20, begs leave to report that it has considered the same and recommends that the bill do pass.

PRIVILEGED MOTIONS

Senator Bartle moved that the Senate refuse to recede from its position on SCS for HCS for HB 427 and grant the House a conference thereon, which motion prevailed.

Senator Yeckel moved that the Senate refuse to recede from its position on SS for SCS for HS for HB 511, as amended, and grant the House a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Bartle moved that HCS for HB 613, with SCS, as amended, be called from the Consent Calendar and again taken up for third reading and final passage, which motion prevailed.

SCS for HCS for HB 613, as amended, was again taken up.

Senator Bartle moved that SCS for HCS for HB 613, as amended, be adopted, which motion prevailed.

On motion of Senator Bartle, SCS for HCS for HB 613, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Quick Russell
Scott Shields Steelman Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators
Coleman DePasco Stoll--3

The President declared the bill passed.

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

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

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

Senator Dolan moved that HS for HB 668, with SCS, SS for SCS and SA 4 (pending), be called from the Informal Calendar and again taken up for third reading and final passage, which motion prevailed.

SA 4 was again taken up.

At the request of Senator Dolan, SA 4 was withdrawn.

Senator Jacob offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Bill No. 668, Page 12, Section 226.096, Line 13, by inserting after the word "claim", the words: "either in court or in arbitration".

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

Senator Bartle assumed the Chair.

Senator Caskey offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Bill No. 668, Page 40, Section 238.236, Line 2, by inserting after said line:

"Section 1. In a condemnation case where there are multiple ownership interests in the property proposed for condemnation, the circuit court shall separate the trust fund into the respective ownership interests.".

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

Senator Dolan moved that SS for SCS for HS for HB 668, as amended, be adopted, which motion prevailed.

On motion of Senator Dolan, SS for SCS for HS for HB 668, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Cauthorn moved that SB 186, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 186, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 186

An Act to repeal sections 59.041, 59.042, and 483.015, RSMo, and to enact in lieu thereof three new sections relating to recorders of deeds.

Was taken up.

Senator Childers assumed the Chair.

Senator Bartle assumed the Chair.

Senator Cauthorn moved that HCS for SB 186 be adopted.

At the request of Senator Cauthorn, the above motion was withdrawn.

Senator Cauthorn moved that the Senate refuse to concur in HCS for SB 186 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

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 Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HCS for HB 289, as amended. Representatives: Dempsey, Pearce, Yates, Curls and Meredith.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HS for HB 511, as amended. Representatives: May, Deeken, Yates, Seigfried and Dougherty.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on SS for SCS for HCS for HB 289, as amended: Senators Steelman, Klindt, Gross, Mathewson and Goode.

RESOLUTIONS

Senator Yeckel offered Senate Resolution No. 893, regarding Pierre Laclede Elementary School, St. Louis City, which was adopted.

Senator Yeckel offered Senate Resolution No. 894, regarding Kennard Classical Junior Academy, St. Louis City, which was adopted.

Senator Clemens offered Senate Resolution No. 895, regarding Corrections Officer I Jimmie Johnson, Seymour, which was adopted.

On motion of Senator Gibbons, the Senate recessed until 2:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Maxwell.

RESOLUTIONS

On behalf of Senator Coleman, Senator Jacob offered Senate Resolution No. 896, regarding Pattria L. Sly, which was adopted.

On behalf of Senator Coleman, Senator Jacob offered Senate Resolution No. 897, regarding Alaina DeAnne Coleman, which was adopted.

Senator Champion offered Senate Resolution No. 898, regarding Steve Deulen, Springfield, which was adopted.

On behalf of Senator Coleman, Senator Jacob offered Senate Resolution No. 899, regarding Tamara Chanel Winston, Columbia, which was adopted.

Senator Mathewson offered the following resolution:

SENATE RESOLUTION NO. 900

WHEREAS, growing concerns and complexities of health issues in this state have lead to higher costs of administration and implementation of health care; and

WHEREAS, the manner in which health care is currently administered at the state level is fragmented and often unresponsive to health care issues; and

WHEREAS, the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies and departments; and

WHEREAS, there is a need to have a central agency serve as the lead planning state entity for all health insurance and pharmacy benefit issues in the state to remedy the current situation; and

WHEREAS, the state could benefit from maximizing its purchasing power inasmuch as the state now has none of its health care purchasing coordinated; and

WHEREAS, minimizing the duplication and maximizing the administrative efficiency in the state's health care systems by removing overlapping functions and streamlining uncoordinated programs would lead to increased cost savings to the state in a time of fiscal uncertainty; and

WHEREAS, the state has a need to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, First Regular Session, hereby create a Senate interim committee to be composed of seven members of the Senate, to be appointed by the President Pro Tem of the Senate whereof at least three members shall be from the minority party to conduct a study to determine the feasibility of achieving the objectives of decreasing health insurance costs to all state employees and streamlining state medicaid programs to achieve cost savings, as well as the other objectives expressed herein; and

BE IT FURTHER RESOLVED that the committee and its members shall have no contact, written or oral, with the University of Missouri or any employees thereof; and

BE IT FURTHER RESOLVED that the committee shall be prohibited from requesting any research or information from the University of Missouri or any employee thereof; and

BE IT FURTHER RESOLVED that the committee shall call its first meeting within sixty days after adjournment of the Missouri Senate, Ninety-second General Assembly, First Regular Session; and

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

BE IT FURTHER RESOLVED that the committee shall perform a study of the feasibility and economic impact of achieving the objectives provided herein for submission to the Missouri Senate prior to the commencement of the Second Regular Session of the Ninety-second General Assembly; the study analysis shall include, but not be limited to, the following:

(1) An inventory of current health care and pharmacy benefit plans and related programming offered to state retirees and their dependents and state beneficiaries and their dependents;

(2) The financial feasibility and programming implications of integrating benefit plans, or portions thereof, to achieve financial economies to the state and state retirees and their dependents and state beneficiaries and their dependents;

(3) A prioritized analysis of infrastructure and appropriations necessary to adequately implement any committee recommendation; and

(4) If, by a majority vote of the members of the committee, a determination is made that one of the existing health or pharmacy benefit plans of one of the member agencies, or any part thereof, would be better served by being excluded from the Division of Community Health, such determination and a detailed analysis thereof shall be included; and

BE IT FURTHER RESOLVED that the committee shall be authorized to contract for consulting services, subject to appropriation, to assist with the requirements of the study.

PRIVILEGED MOTIONS

Senator Nodler moved that SS for SCS for SCR 13, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Nodler moved that the above amendment be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Russell Scott Shields
Steelman Vogel Wheeler Yeckel--28
NAYS--Senators--None
Absent--Senators
Bland Dolan Quick--3
Absent with leave--Senators
Coleman DePasco Stoll--3

On motion of Senator Nodler, SS for SCS for SCR 13, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Russell Scott Shields
Steelman Vogel Wheeler Yeckel--28
NAYS--Senators--None
Absent--Senators
Bland Goode Quick--3
Absent with leave--Senators
Coleman DePasco Stoll--3

The President declared the concurrent resolution passed.

On motion of Senator Nodler, title to the concurrent resolution was agreed to.

Senator Nodler moved that the vote by which the concurrent resolution passed be reconsidered.

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

REFERRALS

President Pro Tem Kinder referred SR 900 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

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 HCS for SCS for SB 246, entitled:

An Act to repeal sections 386.120, 386.210, and 392.200, RSMo, and to enact in lieu thereof sixteen new sections relating to the regulation of utilities, with penalty provisions.

With House Amendments Nos. 1, 3, House Substitute Amendment No. 1 for House Amendment No. 4, and House Amendment No. 6.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 9, Section 386.374, Line 22, by inserting after all of said line the following:

"386.756. 1. Except by an affiliate, a utility may not engage in HVAC services, unless otherwise provided in subsection 7 or subsection 8 of this section.

2. No affiliate or utility contractor may use any vehicles, service tools, instruments, employees, or any other utility assets, the cost of which are recoverable in the regulated rates for utility service, to engage in HVAC services unless the utility is compensated for the use of such assets at cost to the utility.

3. A utility may not use or allow any affiliate or utility contractor to use the name of such utility to engage in HVAC services unless the utility, affiliate or utility contractor discloses, in plain view and in bold type on the same page as the name is used on all advertisements or in plain audible language during all solicitations of such services, a disclaimer that states the services provided are not regulated by the public service commission.

4. A utility may not engage in or assist any affiliate or utility contractor in engaging in HVAC services in a manner which subsidizes the activities of such utility, affiliate or utility contractor to the extent of changing the rates or charges for the utility's regulated services above or below the rates or charges that would be in effect if the utility were not engaged in or assisting any affiliate or utility contractor in engaging in such activities.

5. Any affiliates or utility contractors engaged in HVAC services shall maintain accounts, books and records separate and distinct from the utility.

6. The provisions of this section shall apply to any affiliate or utility contractor engaged in HVAC services that is owned, controlled or under common control with a utility providing regulated utility service in this state or any other state.

7. A utility engaging in HVAC services in this state five years prior to August 28, 1998, may continue providing, to existing as well as new customers, the same type of services as those provided by the utility five years prior to August 28, 1998. The provisions of this section only apply to the area of service which the utility was actually supplying service to on a regular basis prior to August 28, 1993. The provisions of this section shall not apply to any subsequently expanded areas of service made by a utility through either existing affiliates or subsidiaries or through affiliates or subsidiaries purchased after August 28, 1993, unless such services were being provided in the expanded area prior to August 28, 1993.

8. The provisions of this section shall not be construed to prohibit a utility from providing emergency service, providing any service required by law or providing a program pursuant to an existing tariff, rule or order of the public service commission.

9. A utility that violates any provision of this section is guilty of a civil offense and may be subject to a civil penalty of up to twelve thousand five hundred dollars for each violation. The attorney general may enforce the provisions of this section pursuant to any powers granted to him or her pursuant to any relevant provisions provided by Missouri statutes or the Missouri Constitution.

10. Any utility claiming an exemption as provided in subsection 7 of this section shall comply with all applicable state and local laws, ordinances or regulations relating to the installation or maintenance of HVAC systems including all permit requirements. A continuing pattern of failure to comply with said requirements shall provide the basis for a finding by any court of competent jurisdiction or the public service commission that the utility has waived its claim of exemption pursuant to subsection 7 of this section.

11. A utility which sells gas fired appliances shall perform all installation, maintenance and service of said appliances with its own employees."; and

Further amend said title, enacting clause and intersectional references accordingly.

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 34, Section 393.1006, Line 5, by inserting after the word and period "ISRS." the following:

"In the event of a refund, the water corporation shall pay interest on the overcollected revenues pursuant to the ISRS.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 16, Section 392.200.11, Line 14, by deleting subsection 11 and adding in lieu thereof a new subsection 11 as follows:

"11. Consistent with and subject to the terms of section 392.200.2, every telecommunications company is authorized to offer discounted rates or other special promotions on any of its telecommunications services to any new or former customers.".

HOUSE AMENDMENT NO. 6

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 42, Section 393.1015, Line 11, by inserting after the word and period "charge" the following:

"In the event of a refund, the gas corporation shall pay interest on the overcollected revenues pursuant to the ISRS.".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 427. Representatives: Byrd, Stevenson, Mayer, Willoughby and Bishop.

PRIVILEGED MOTIONS

Senator Steelman moved that the Senate refuse to concur in HS for HCS for SCS for SB 246, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Yeckel moved that HCS for HB 73, with SS (pending), be called from the Informal Calendar and again taken up for third reading and final passage, which motion prevailed.

SS for HCS for HB 73 was again taken up.

Senator Yeckel offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for House Committee Substitute for House Bill No. 73, Page 2, Section 166.435, Lines 19-29 of said page, by striking all of said lines; and

Further amend said bill and section, Page 3, Lines 1 to 4, by striking all of said line and inserting in lieu thereof the following: "143.121, RSMo. Annual contributions [up to and including eight thousand dollars made to the savings program shall be subtracted from] made to the savings program held by the board and any similar program sponsored, held, or otherwise authorized by law by this state or any other state or subdivision thereof qualified pursuant to Section 529 of the Internal Revenue Code for the tax year beginning on or after January 1, 2004, and every tax year thereafter for the participant taxpayer, shall not be subtracted in determining Missouri adjusted gross income pursuant to section 143.121, RSMo.".

Senator Yeckel moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Substitute for House Committee Substitute for House Bill No. 73, Page 3, Section 166.500, Line 16, by inserting before "Missouri" on said line: "Anita Yeckel".

Senator Caskey moved that the above amendment be adopted.

Senator Jacob raised the point of order that SSA 1 for SA 1 is out of order, as it is not a true substitute amendment.

At the request of Senator Caskey, SSA 1 for SA 1 was withdrawn, rendering the point of order moot.

SA 1 was again taken up.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 73, Page 1, Line 15, by adding after said line the following: "Further amend said section, page 3, line 5, by striking the word "deductible".

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

SA 1, as amended, was again taken up.

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

Senator Yeckel moved that SS for HCS for HB 73, as amended, be adopted, which motion prevailed.

On motion of Senator Yeckel, SS for HCS for HB 73, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Foster Gibbons
Griesheimer Gross Kennedy Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Vogel Yeckel--22
NAYS--Senators
Bland Bray Caskey Days
Dougherty Goode Jacob Quick
Stoll Wheeler--10
Absent--Senators--None
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Dolan moved that SB 289, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Dolan moved that the above amendment be adopted, which motion prevailed 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 Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Coleman DePasco--2

On motion of Senator Dolan, SB 289, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Klindt, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 407 moved that the following conference committee report be taken up, which motion prevailed:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 407

The Conference Committee appointed on House Committee Substitute for Senate Bill No. 407 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 407;

2. That the Senate recede from its position on Senate Bill No. 407;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 407, be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ David G. Klindt /s/ Blaine Luetkemeyer
/s/ John Loudon /s/ Sherman Parker
/s/ Delbert Scott /s/ Ronald Richard
/s/ Harry Kennedy /s/ Dan Ward
/s/ Stephen Stoll /s/ Albert Liese

Senator Klindt moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Quick Russell
Scott Shields Steelman Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Stoll--2
Absent with leave--Senators
Coleman DePasco--2

On motion of Senator Klindt, CCS for HCS for SB 407, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 407

An Act to repeal section 376.429, RSMo, and to enact in lieu thereof one new section relating to health insurance coverage for cancer.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Goode--2
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

Senator Klindt 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 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 were referred SS No. 2 for SCS for SBs 248, 100, 118, 233, 247, 341 and 420; and SS for SCS for SB 346, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

SS No. 2 for SCS for SBs 248, 100, 118, 233, 247, 341 and 420, introduced by Senator Gross, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 248, 100, 118, 233, 247, 341 and 420

An Act to repeal sections 84.140, 86.690, 104.010, 104.040, 104.110, 104.271, 104.370, 104.1003, 104.1024, 169.030, 169.050, 169.056, 169.070, 169.560, 169.570, 169.577, 169.590, 169.620, 169.650, 169.655, 169.670, 169.712, and 287.845, RSMo, and to enact in lieu thereof thirty-four new sections relating to the retirement systems and benefits, with penalty provisions and an emergency clause for certain sections.

Was taken up.

On motion of Senator Gross, SS No. 2 for SCS for SBs 248, 100, 118, 233, 247, 341 and 420 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Goode--2
Absent with leave--Senators
Coleman DePasco--2

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

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

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

SS for SCS for SB 346, introduced by Senator Yeckel, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 346

An Act to repeal sections 59.163, 173.387, 173.390, 306.410, 361.130, 361.140, 361.160, 361.170, 362.010, 362.105, 362.106, 362.170, 362.295, 362.910, 362.923, 369.159, 400.9-525, 407.433, 408.450, 408.455, 408.460, 408.465, 408.467, 408.470, 408.653, 408.654, and 447.510, RSMo, and to enact in lieu thereof twenty-four new sections relating to banking, with an effective date for a certain section and penalty provisions.

Was taken up.

On motion of Senator Yeckel, SS for SCS for SB 346 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

HCS for HBs 346 and 174, with SCS, entitled:

An Act to repeal sections 105.269, 169.030, 169.050, 169.056, 169.070, 169.570, 169.577, 169.590, 169.620, 169.650, 169.655, and 169.670, RSMo, and to enact in lieu thereof fifteen new sections relating to the public school retirement system, with penalty provisions and an emergency clause.

Was called from the Informal Calendar and taken up by Senator Foster.

SCS for HCS for HBs 346 and 174, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 346 and 174

An Act to repeal sections 169.030, 169.050, 169.056, 169.070, 169.570, 169.577, 169.590, 169.620, 169.650, 169.655, 169.670, and 169.712, RSMo, and to enact in lieu thereof seventeen new sections relating to the public school retirement system, with penalty provisions and an emergency clause.

Was taken up.

Senator Foster moved that SCS for HCS for HBs 346 and 174, be adopted, which motion prevailed.

On motion of Senator Foster, SCS for HCS for HBs 346 and 174, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Mathewson--2
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Dougherty--2
Absent with leave--Senators
Coleman DePasco--2

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

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

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

Senator Bartle assumed the Chair.

HCS for HB 16, with SCA 1, entitled:

An Act to appropriate money for capital improvement and other purposes 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, from the funds herein designated for the period beginning July 1, 2003 and ending June 30, 2005.

Was taken up by Senator Russell.

SCA 1 was taken up.

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

On motion of Senator Russell, HCS for HB 16, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Stoll Vogel
Yeckel--29
NAYS--Senator Bland--1
Absent--Senators
Quick Wheeler--2
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

HCS for HB 17, with SCS, entitled:

An Act to appropriate money for expenses, grants, refunds, distributions and other purposes 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, from the funds designated herein.

Was taken up by Senator Russell.

SCS for HCS for HB 17, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 17

An Act to appropriate money for expenses, grants, refunds, distributions and other purposes 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, from the funds designated herein.

Was taken up.

Senator Russell moved that SCS for HCS for HB 17 be adopted, which motion prevailed.

On motion of Senator Russell, SCS for HCS for HB 17 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens 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--Senator Bland--1
Absent--Senator Quick--1
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

HCS for HB 18, with SCAs 1 and 2, entitled:

An Act to appropriate money for capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities, including installation, modification, and renovation of facility components, equipment or systems, and to transfer money among certain funds.

Was taken up by Senator Russell.

SCA 1 was taken up.

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

SCA 2 was taken up.

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

On motion of Senator Russell, HCS for HB 18, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Goode Griesheimer Gross Kennedy
Kinder Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--29
NAYS--Senator Bland--1
Absent--Senators
Jacob Klindt--2
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

HCS for HB 19, with SCA 1, entitled:

An Act to appropriate money for planning, expenses, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions, and to transfer money among certain funds.

Was taken up by Senator Russell.

SCA 1 was taken up.

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

On motion of Senator Russell, HCS for HB 19, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Caskey Cauthorn
Champion Childers Clemens Days
Dolan Dougherty Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Quick Russell
Scott Shields Steelman Stoll
Vogel Yeckel--30
NAYS--Senator Bland--1
Absent--Senator Wheeler--1
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

HCS for HB 20, entitled:

An Act to appropriate money for capital improvement and other purposes 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, from the funds herein designated for the period beginning July 1, 2003 and ending June 30, 2005.

Was taken up by Senator Russell.

On motion of Senator Russell, HCS for HB 20 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Cauthorn Champion Childers
Clemens Dolan Dougherty Gibbons
Goode Gross Jacob Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Vogel Yeckel--22
NAYS--Senators
Bartle Bland Bray Days
Foster Griesheimer Kennedy Quick
Stoll Wheeler--10
Absent--Senators--None
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Cauthorn moved that SCS for SB 84, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 84, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 84

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

Was taken up.

Senator Cauthorn moved that HCS for SCS for SB 84, as amended, be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bartle Bland Bray Cauthorn
Champion Childers Clemens 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--Senator Caskey--1
Absent--Senator Quick--1
Absent with leave--Senators
Coleman DePasco--2

Senator Childers assumed the Chair.

Senator Bartle assumed the Chair.

On motion of Senator Cauthorn, HCS for SCS for SB 84, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Cauthorn Champion
Childers Clemens Dougherty Foster
Gibbons Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Stoll Vogel
Yeckel--25
NAYS--Senators
Caskey Days Goode Wheeler--4
Absent--Senators
Bland Dolan Quick--3
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Russell moved that SB 275, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 275, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 275

An Act to repeal section 2, as enacted by senate bill no. 1168, ninety-first general assembly, second regular session, section 2, as enacted by senate committee substitute for house bill no. 1811, ninety-first general assembly, second regular session, and section 3, as enacted by senate bill no. 1041, ninety-first general assembly, second regular session relating to conveyance of property owned by the state, and to authorize the conveyance of property owned by the state in the county of Cole to the Missouri state penitentiary redevelopment commission.

Was taken up.

Senator Russell moved that HCS for SB 275 be adopted, which motion prevailed by the following vote:

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

On motion of Senator Russell, HCS for SB 275 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Steelman moved that the conferees on SS for SCS for HCS for HB 289, as amended, be allowed to exceed the differences for the purpose of adding natural disaster relief language, which motion prevailed.

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 SCS No. 2 for SB 1.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend Senate Committee Substitute No. 2 for Senate Bill No. 1, Section 306.127, Page 1, Line 3, by deleting all of said line and inserting in lieu thereof the following:

"operates a vessel on the lakes"; and

Further amend said bill, Section 306.127, Page 2, Lines 39 and 40, by deleting all of said lines; and

Further amend said bill in the title, enacting clause, and intersectional references accordingly.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 540.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend Senate Bill No. 540, Page 2, Section 311.195, Lines 15-17, by striking the following: ", nor have a direct or indirect financial interest in any business of any other person or corporation, or of any employee, officer, agent, subsidiary, or affiliate thereof,".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the conferees on SS for SS for SCS for HCS for HB 600 be allowed to exceed the differences by allowing them to add an amended Section 136.320 RSMo.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to HB 261 and has taken up and passed HB 261, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 371 and has taken up and passed SCS for HCS for HB 371.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS, as amended, for HCS for HB 392 and has taken up and passed SCS for HCS for HB 392, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HCS for HB 394 and has taken up and passed HCS for HB 394, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 491 and has taken up and passed SCS for HB 491.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 512 and has taken up and passed SCS for HB 512.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 521 and has taken up and passed SCS for HB 521.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 552 and has taken up and passed SCS for HB 552.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SS No. 2 for SCS for SB 55.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 13 and requests the Senate to recede from its position and failing to do so grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS, as amended, for HCS for HB 613 and requests the Senate to recede from its position and failing to do so grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 575 and has taken up and passed SCS for HCS for HB 575.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SCS for SB 246, as amended, and grants the Senate a conference thereon.

HOUSE BILLS ON SECOND READING

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

HB 665--Education.

HCS for HB 702--Transportation.

HS for HCS for HB 455--Aging, Families, Mental and Public Health.

HCS for HB 640--Financial and Govern-mental Organization, Veterans' Affairs and Elections.

PRIVILEGED MOTIONS

Senator Russell moved that the Senate refuse to recede from its position on SCS for HCS for HB 13 and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 427: Senators Bartle, Wheeler, Bray, Klindt and Shields.

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on SS for SCS for HS for HB 511, as amended: Senators Yeckel, Bartle, Scott, Stoll and Days.

RESOLUTIONS

Senator Klindt offered Senate Resolution No. 901, regarding Premium Standard Farms, Milan, which was adopted.



Senator Caskey offered Senate Resolution No. 902, regarding Commander Gary L. Peters, Belton, which was adopted.

Senator Vogel offered Senate Resolution No. 903, regarding the Ninth Street Christian Church, Eldon, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Loudon introduced to the Senate, the Physician of the Day, Dr. Jeff Michalski, M.D., St. Louis.

Senator Cauthorn introduced to the Senate, Melissa, Richie, Isabella, and Samantha Lay, and Janice Jones, Lewistown.

On behalf of Senator Stoll, Senator Kennedy introduced to the Senate, John and Kay Stewart, and their children, Ian, Christian, and Justus, Hillsboro; and Ian, Christian, and Justus were made honorary pages.

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

SENATE CALENDAR

______



SIXTY-NINTH DAY-THURSDAY, MAY 8, 2003

______



FORMAL CALENDAR



THIRD READING OF SENATE BILLS



SS for SCS for SBs 361,

103, 156 & 329-Steelman

(In Fiscal Oversight)



HOUSE BILLS ON THIRD READING



1. HS for HB 470-Mayer,

with SCS (Bartle)

2. HB 198-Stevenson, et al

(Nodler)

3. HS for HB 197-Johnson (47),

with SCS & SCA 1 (Shields)

4. HS for HCS for HB 564-

Behnen, with SCS (Yeckel)

5. HS for HCS for HB 228-

Pearce, with SCS (Goode)



6. HB 598-Schlottach, et al,

with SCS (Dolan)

7. HB 327-Lipke, with SCS

(Dolan)

8. HCS for HB 185, with SCS

(Gross)

9. HB 91-Mayer, with SCS

(Steelman)

10. HS for HCS for HBs 679 &

396-Hanaway (Shields)



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 27-Gibbons, with SCS

SB 33-Loudon and Scott,

with SS (pending)

SB 51-Shields, with SS,

SS for SS & SA 1 (pending)

SB 112-Loudon, with SCS

SBs 125 & 290-Goode, with

SCS & SA 6 (pending)

SB 209-Steelman, et al, with SCS

SB 217-Champion and Clemens,

with SS (pending)

SB 241-Yeckel, with SCS

SB 253-Steelman, et al, with SCS,

SS for SCS & SA 1 (pending)

SB 300-Cauthorn, et al, with SCS

SBs 312, 49, 111, 113, 191, 206,

263, 404, 409, 418, 538, 550 &

584-Dolan, et al, with SCS

SBs 343, 89, 134, 171, 240, 261,

331, 368, 369, 419, 484 &

581-Dolan, with SCS

SB 347-Loudon, et al, with SCS

SB 362-Steelman and Gross

SBs 381, 384, 432 & 9-Dolan, with

SCS & SS for SCS (pending)

SBs 415, 88, 200, 223, 413, 523,

589 & 626-Yeckel, with SCS

SB 416-Yeckel, with SCS

SB 434-Yeckel, with SCS

SB 436-Klindt, with SCS, SS for

SCS & SA 2 (pending)

SB 446-Bartle, with SCS

SB 449-Bartle

SB 450-Mathewson, et al, with

SCS, SS for SCS & SA 2

(pending)

SB 455-Dougherty and Shields

SB 458-Childers

SB 460-Loudon, with SS & SA 1

(pending)

SB 476-Jacob

SB 485-Shields, with SCS

SB 531-Childers, with SCS

SB 564-Gross

SB 685-Gibbons, et al, with SCS

SB 693-Klindt, et al, with SCS

SJR 13-Stoll



HOUSE BILLS ON THIRD READING



HCS for HB 144, with SCS

(Vogel)

HB 208-Engler, et al,

with SCS (Kinder)

HS for HCS for HB 257-

Munzlinger, with SCS

(Cauthorn)

HB 286-Bearden, with SCS

(Shields)

HCS for HB 288, with SCS

(Shields)

HS for HCS for HB 321-

Wilson (130), with SS &

SS for SS (pending) (Loudon)

HB 412-Goodman, et al (Childers)

HB 444-Jackson, with SCS

(Yeckel)

HB 445-Portwood, et al,

with SCS (Loudon)

HS for HCS for HBs 517, 94,

149, 150 & 342-Portwood,

with SCS (Gross)

CONSENT CALENDAR



Senate Bills



Reported 2/10



SB 62-Caskey



Reported 3/13



SB 159-Bland, with SCS

SB 694-Klindt

SB 490-Dolan



House Bills



Reported 4/14



HB 307-Merideth and

Shoemaker (Foster)

HB 505-Byrd and Villa,

with SCS (Mathewson)

SENATE BILLS WITH HOUSE AMENDMENTS



SCS#2 for SB 1-Russell, with HA 1

SCS for SB 69-Yeckel and

Nodler, with HCS

SCS for SB 281-Shields, with HCS

SCS for SB 295-Shields, with HCS

SCS for SB 296-Griesheimer,

with HS for HCS, as amended

SS for SCS for SB 298-

Griesheimer, with HCS, as

amended

SB 301-Bray, with HCS

SB 325-Steelman, with HCS

SB 355-Stoll, with HCS

SCS for SB 358-Shields, with HCS

SB 370-Foster, with HCS



SCS for SB 373-Bartle, with HCS

SB 399-Caskey, with HCS

SB 423-Childers, with HCA 1

SCS for SB 447-Bartle, with HCA 1

SB 465-Bartle, with HCS

SB 468-Bartle, with HCA 1

SB 470-Bartle, with HCS

SB 474-Bartle, with HCS

SB 504-Clemens and Champion,

with HCS

SB 521-Gross, with HCS

SB 540-Gross, with HA 1

SCS for SB 547-Caskey, with HCS

SCS for SB 592-Foster, with HCS

SCS for SB 666-Bland, with HCS





BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



SS for SCS for SB 36-Klindt,

with HCS, as amended

SCS#2 for SB 52-Shields, with HCS

(Senate adopted CCR

and passed CCS)

SCS for SB 246-Steelman, et al,

with HS for HCS, as amended

SCS for SBs 299 & 40-

Champion, et al, with HS,

as amended

SCS for SB 379-Champion,

with HCS

SB 394-Bartle, with HCS,

as amended

SB 401-Dolan, et al, with HCS

SB 407-Klindt, with HCS

(Senate adopted CCR

and passed CCS)

SB 448-Bartle, with HCS

SB 552-Yeckel, with HCS

HS for HB 2-Bearden, with

SCS, as amended (Russell)

HS for HB 3-Bearden, with

SCS, as amended (Russell)

HS for HB 4-Bearden, with

SCS, as amended (Russell)

HS for HB 5-Bearden, with

SCS, as amended (Russell)

HS for HB 6-Bearden, with

SCS, as amended (Russell)

HS for HB 7-Bearden, with

SCS (Russell)

HS for HB 8-Bearden, with

SCS, as amended (Russell)

HS for HB 9-Bearden, with

SCS, as amended (Russell)

HS for HB 10-Bearden, with

SCS, as amended (Russell)

HS for HB 11-Bearden, with

SCS, as amended (Russell)

HS for HB 12-Bearden, with

SCS, as amended (Russell)



HCS for HB 13, with SCS

(Russell)

HCS for HB 289, with SS for

SCS, as amended (Steelman)

HCS for HB 427, with SCS

(Bartle)

HS for HB 511-Deeken, with SS

for SCS, as amended (Yeckel)

HCS for HB 600, with SS for SS

for SCS, as amended (Shields)



Requests to Recede or Grant Conference



SB 186-Cauthorn, with HCS

(Senate requests House

recede or grant conference)



HCS for HB 613, with SCS,

as amended (Bartle)

(House requests Senate

recede or grant conference)



RESOLUTIONS



SCR 15-Dolan, et al



To be Referred



HCR 29-Jetton, et al



Reported from Committee



SR 30-Shields, with SCS, SS

for SCS & SA 1 (pending)

SCR 4-Jacob

HCR 15-Behnen (Cauthorn)



SCR 17-Cauthorn, et al

SCR 18-Mathewson and Steelman

HCR 11-Moore and Walton

(Bland)