Journal of the Senate

FIRST REGULAR SESSION


SEVENTIETH DAY--FRIDAY, MAY 9, 2003


The Senate met pursuant to adjournment.

President Pro Tem Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"Answer me, O Lord, for your love is kind; in your great compassion, turn to me." (Psalm 69:18)

Merciful Father, the clock keeps ticking and deadlines approach and there seems so much to do but we trust that in Your compassion You will lead us to the decisions that must be made and ways to do what is truly necessary before us. Keep watch over us this day as we complete our work and return to those who love us. And may we be found in Your presence and blessed with Your peace. 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, KOMU-TV and the Associated Press 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 Dougherty Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Quick Russell
Scott Shields Steelman Stoll
Vogel Wheeler Yeckel--31
Absent with leave--Senators
Coleman DePasco Dolan--3


RESOLUTIONS

Senators Gross and Dolan offered Senate Resolution No. 917, regarding the St. Charles County Relay for Life, which was adopted.

Senator Bland offered Senate Resolution No. 918, regarding the Ninetieth Birthday of Leo McKamey, Kansas City, which was adopted.

CONCURRENT RESOLUTIONS

Senator Cauthorn moved that SCR 17 be taken up for adoption, which motion prevailed.

Senator Shields assumed the Chair.

On motion of Senator Cauthorn, SCR 17 was adopted 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 Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators
Coleman DePasco Dolan--3

Senator Foster moved that SCR 20 be taken up for adoption, which motion prevailed.

On motion of Senator Foster, SCR 20 was adopted by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Days Dougherty
Foster Gibbons Goode Griesheimer
Gross Kennedy Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--26
NAYS--Senators--None
Absent--Senators
Bland Bray Jacob Kinder
Quick--5
Absent with leave--Senators
Coleman DePasco Dolan--3

Senator Cauthorn moved that SCR 21 be taken up for adoption, which motion prevailed.

On motion of Senator Cauthorn, SCR 21 was adopted by the following vote:

YEAS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Days Dougherty
Foster Gibbons Goode Griesheimer
Gross Kennedy Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--26
NAYS--Senators--None
Absent--Senators
Bland Bray Jacob Kinder
Quick--5
Absent with leave--Senators
Coleman DePasco Dolan--3

RESOLUTIONS

Senators Steelman, Kennedy, Bartle, Dougherty, Goode, Wheeler, Coleman, Dolan, Gross, Yeckel, Kinder, Stoll, Loudon and Gibbons offered the following resolution:

SENATE RESOLUTION NO. 919

WHEREAS, the State of Missouri and its political subdivisions is faced with recruitment and retention of highly trained and motivated police officers; and

WHEREAS, Missouri benefits from its political subdivisions having the highest quality police force possible:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, First Regular Session, hereby establish the "Interim Committee on Police Officer Residency"; and

BE IT FURTHER RESOLVED that the Committee shall be composed of five members of the Senate to be appointed by the President Pro Tem of the Senate, and no more than three members of such committee shall be from the same political party; and

BE IT FURTHER RESOLVED that the Committee shall conduct a comprehensive analysis of the rules and policies concerning police officer residency requirements currently in place in political subdivisions within the State of Missouri, discover methods to attract new police officers, and retain existing officers, in order to uncover potential barriers in the recruitment and retention of exceptional police officers to best serve and protect the welfare of the citizens of the State of Missouri; and

BE IT FURTHER RESOLVED that the Committee be authorized to hold hearings as it deems advisable, and may solicit any input or information necessary to fulfill its obligations; and

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

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

BE IT FURTHER RESOLVED that the Committee report its recommendations and findings to the Missouri Senate by January 1, 2004.

Senator Bartle offered Senate Resolution No. 920, regarding Megan Creswell, Lee's Summit, which was adopted.

Senator Bartle offered Senate Resolution No. 921, regarding Megan Kurtz, Grain Valley, which was adopted.

Senator Bartle offered Senate Resolution No. 922, regarding Taylor Hill, Blue Springs, which was adopted.

Senator Bartle offered Senate Resolution No. 923, regarding Brianni Mullen, Greenwood, which was adopted.

SENATE BILLS FOR PERFECTION

Senator Gross moved that SB 564 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Bartle assumed the Chair.

On motion of Senator Gross, SB 564 was declared perfected and ordered printed.

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 concurred in SCA 1 to HCS for HB 16 and has taken up and passed HCS for HB 16, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 13 and has taken up and passed CCS for SCS for HCS for HB 13.

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 17 and has taken up and passed SCS for HCS for HB 17.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1, SCA 2 to HCS for HB 18 and has taken up and passed HCS for HB 18, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 2 on HCS for HB 19, as amended, and has taken up and passed CCS No. 2 for HCS for HB 19.

PRIVILEGED MOTIONS

Senator Russell, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 13, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 13

The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 13 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:

FOR THE SENATE: FOR THE HOUSE:
/s/ John T. Russell /s/ Carl Bearden
/s/ Charles R. Gross /s/ Brad Lager
/s/ Charlie Shields /s/ Brian Yates
/s/ Wayne Goode /s/ Theodore Hoskins
/s/ Pat Dougherty /s/ Vicki Walker

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

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

On motion of Senator Russell, CCS for SCS for HCS for HB 13, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 13An 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.

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

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

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.

Senator Russell, on behalf of the conference committee appointed to act with a like committee from the House on HCS for HB 19, as amended, moved that the following conference committee report no. 2 be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT NO. 2 ON

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 19

The Conference Committee appointed on House Committee Substitute for House Bill No. 19 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:

FOR THE SENATE: FOR THE HOUSE:
/s/ John T. Russell /s/ Carl Bearden
/s/ Charles R. Gross /s/ Brad Lager
/s/ Charlie Shields Roy W. Holand
/s/ Wayne Goode /s/ Kate Meiners
/s/ Pat Dougherty /s/ Sue Schoemehl

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

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

On motion of Senator Russell, CCS No. 2 for HCS for HB 19, entitled:

CONFERENCE COMMITTEE SUBSTITUTE NO. 2

FOR HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 19An 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 read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Caskey
Cauthorn Champion Childers Clemens
Days 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--Senators--None
Absent with leave--Senators
Coleman DePasco Dolan--3

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.

Senator Griesheimer moved that the Senate refuse to concur in HCS for SS for SCS for SB 298, 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.

Senator Childers assumed the Chair.

Senator Yeckel, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 552 moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 552



The Conference Committee appointed on House Committee Substitute for Senate Bill No. 552 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 No. 552;

2. That the Senate recede from its position on Senate Bill No. 552;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 552, be Third Read and Finally Passed.



FOR THE SENATE : FOR THE HOUSE:
/s/ Anita Yeckel /s/ Richard Byrd
/s/ John Loudon /s/ Todd Smith
/s/ John Cauthorn /s/ Marilyn Ruestman
/s/ James Mathewson Esther Haywood
Maida Coleman /s/ Margaret Donnelly



Senator Yeckel moved that the above conference committee report be adopted.

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

Senator Bartle, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 448 moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 448

The Conference Committee appointed on House Committee Substitute for Senate Bill No. 448 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. 448;

2. That the Senate recede from its position on Senate Bill No. 448;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 448, be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Matt Bartle /s/ Richard Byrd
/s/ David G. Klindt /s/ Jack A. L. Goodman
/s/ John Loudon /s/ Jason Crowell
/s/ Ken Jacob /s/ Connie Johnson
/s/ Harold Caskey /s/ Robert Harris

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

On motion of Senator Bartle, CCS for HCS for SB 448, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 448

An Act to repeal section 476.055, RSMo, and to enact in lieu thereof one new section relating to the statewide court automation fund, with penalty provisions and an expiration date.

Was read the 3rd time and passed 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 Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators
Coleman DePasco Dolan--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.

REFERRALS

President Pro Tem Kinder referred SR 919 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

PRIVILEGED MOTIONS

Senator Cauthorn, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 186 moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 186

The Conference Committee appointed on House Committee Substitute for Senate Bill No. 186, 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. 186;

2. That the Senate recede from its position on Senate Bill No. 186;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 186, be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ John Cauthorn /s/ Brian Munzlinger
/s/ Charlie Shields /s/ Bob Johnson
/s/ Matt Bartle /s/ Randy Angst
/s/ Ed Quick /s/ Cathy Jolly
/s/ Harry Kennedy /s/ Rachel L. Bringer

Senator Cauthorn 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
Dougherty 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--Senator Bland--1
Absent with leave--Senators
Coleman DePasco Dolan--3

On motion of Senator Cauthorn, CCS for HCS for SB 186, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

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 and other county offices.

Was read the 3rd time and passed 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 Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators
Coleman DePasco Dolan--3

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.

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HCS for HB 138, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HS for HB 481, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Education, to which was referred HB 655, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Education, to which was referred HB 189, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 414, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 454, 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 Aging, Families, Mental and Public Health, to which was referred HS for HCS for HB 121, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 SB 564, 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.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on HCS for SCS for SB 69: Senators Yeckel, Nodler, Scott, Kennedy and Wheeler.

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on HS for HCS for SCS for SB 246, as amended: Senators Steelman, Goode, Griesheimer, Klindt and Stoll.

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 613, as amended: Senators Bartle, Yeckel, Dolan, Wheeler and Caskey.

HOUSE BILLS ON THIRD READING

HS for HB 470, with SCS, was placed on the Informal Calendar.

HB 198 was placed on the Informal Calendar.

HS for HB 197, with SCS and SCA 1, was placed on the Informal Calendar.

HS for HCS for HB 564, with SCS, was placed on the Informal Calendar.

HS for HCS for HB 228, with SCS, entitled:

An Act to amend chapter 407, RSMo, by adding thereto five new sections relating to unsolicited commercial electronic mail, with penalty provisions.

Was taken up by Senator Goode.

SCS for HS for HCS for HB 228, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 228

An Act to amend chapter 407, RSMo, by adding thereto four new sections relating to unsolicited commercial electronic mail, with penalty provisions.

Was taken up.

Senator Goode moved that SCS for HS for HCS for HB 228 be adopted.

Senator Steelman offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 228, Page 2, Section 407.1135, Line 25, by striking the word "ongoing" and inserting in lieu thereof the word "established".

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

Senator Steelman offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 228, Page 1, In the Title, Line 3, by striking the words "unsolicited commercial electronic mail" and inserting in lieu thereof the words "the internet"; and

Further amend said bill, Page 1, Section A, Line 3, by inserting after all of said line the following:

"386.020. As used in this chapter, the following words and phrases mean:

(1) "Alternative local exchange telecommunications company", a local exchange telecommunications company certified by the commission to provide basic or nonbasic local telecommunications service or switched exchange access service, or any combination of such services, in a specific geographic area subsequent to December 31, 1995;

(2) "Alternative operator services company", any certificated interexchange telecommunications company which receives more than forty percent of its annual Missouri intrastate telecommunications service revenues from the provision of operator services pursuant to operator services contracts with traffic aggregators;

(3) "Basic interexchange telecommunications service", includes, at a minimum, two-way switched voice service between points in different local calling scopes as determined by the commission and shall include other services as determined by the commission by rule upon periodic review and update;

(4) "Basic local telecommunications service", two-way switched voice service within a local calling scope as determined by the commission comprised of any of the following services and their recurring and nonrecurring charges:

(a) Multiparty, single line, including installation, touchtone dialing, and any applicable mileage or zone charges;

(b) Assistance programs for installation of, or access to, basic local telecommunications services for qualifying economically disadvantaged or disabled customers or both, including, but not limited to, lifeline services and link-up Missouri services for low-income customers or dual-party relay service for the hearing impaired and speech impaired;

(c) Access to local emergency services including, but not limited to, 911 service established by local authorities;

(d) Access to basic local operator services;

(e) Access to basic local directory assistance;

(f) Standard intercept service;

(g) Equal access to interexchange carriers consistent with rules and regulations of the Federal Communications Commission;

(h) One standard white pages directory listing.

Basic local telecommunications service does not include optional toll free calling outside a local calling scope but within a community of interest, available for an additional monthly fee or the offering or provision of basic local telecommunications service at private shared-tenant service locations;

(5) "Cable television service", the one-way transmission to subscribers of video programming or other programming service and the subscriber interaction, if any, which is required for the selection of such video programming or other programming service;

(6) "Carrier of last resort", any telecommunications company which is obligated to offer basic local telecommunications service to all customers who request service in a geographic area defined by the commission and cannot abandon this obligation without approval from the commission;

(7) "Commission", the "Public Service Commission" hereby created;

(8) "Commissioner", one of the members of the commission;

(9) "Competitive telecommunications company", a telecommunications company which has been classified as such by the commission pursuant to section 392.361, RSMo;

(10) "Competitive telecommunications service", a telecommunications service which has been classified as such by the commission pursuant to section 392.361, RSMo, or which has become a competitive telecommunications service pursuant to section 392.370, RSMo;

(11) "Corporation" includes a corporation, company, association and joint stock association or company;

(12) "Customer-owned pay telephone", a privately owned telecommunications device that is not owned, leased or otherwise controlled by a local exchange telecommunications company and which provides telecommunications services for a use fee to the general public;

(13) "Effective competition" shall be determined by the commission based on:

(a) The extent to which services are available from alternative providers in the relevant market;

(b) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates, terms and conditions;

(c) The extent to which the purposes and policies of chapter 392, RSMo, including the reasonableness of rates, as set out in section 392.185, RSMo, are being advanced;

(d) Existing economic or regulatory barriers to entry; and

(e) Any other factors deemed relevant by the commission and necessary to implement the purposes and policies of chapter 392, RSMo;

(14) "Electric plant" includes all real estate, fixtures and personal property operated, controlled, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power; and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power;

(15) "Electrical corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, other than a railroad, light rail or street railroad corporation generating electricity solely for railroad, light rail or street railroad purposes or for the use of its tenants and not for sale to others, owning, operating, controlling or managing any electric plant except where electricity is generated or distributed by the producer solely on or through private property for railroad, light rail or street railroad purposes or for its own use or the use of its tenants and not for sale to others;

(16) "Exchange", a geographical area for the administration of telecommunications services, established and described by the tariff of a telecommunications company providing basic local telecommunications service;

(17) "Exchange access service", a service provided by a local exchange telecommunications company which enables a telecommunications company or other customer to enter and exit the local exchange telecommunications network in order to originate or terminate interexchange telecommunications service;

(18) "Gas corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any gas plant operating for public use under privilege, license or franchise now or hereafter granted by the state or any political subdivision, county or municipality thereof;

(19) "Gas plant" includes all real estate, fixtures and personal property owned, operated, controlled, used or to be used for or in connection with or to facilitate the manufacture, distribution, sale or furnishing of gas, natural or manufactured, for light, heat or power;

(20) "Heating company" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, operating, managing or controlling any plant or property for manufacturing and distributing and selling, for distribution, or distributing hot or cold water, steam or currents of hot or cold air for motive power, heating, cooking, or for any public use or service, in any city, town or village in this state; provided, that no agency or authority created by or operated pursuant to an interstate compact established pursuant to section 70.370, RSMo, shall be a heating company or subject to regulation by the commission;

(21) "High-cost area", a geographic area, which shall follow exchange boundaries and be no smaller than an exchange nor larger than a local calling scope, where the cost of providing basic local telecommunications service as determined by the commission, giving due regard to recovery of an appropriate share of joint and common costs as well as those costs related to carrier of last resort obligations, exceeds the rate for basic local telecommunications service found reasonable by the commission;

(22) "High-speed Internet access service" or "broadband service", those services and underlying facilities related thereto, to the extent utilized to provide upstream, from customer to provider, or downstream, from provider to customer, transmission in excess of one hundred forty-four kilobits per second to or from the Internet, or are utilized to transmit information, in excess of one hundred forty-four kilobits per second, regardless of the technology or medium used, including but not limited to, wireless, copper wire, fiber optic cable, or coaxial cable, to provide such service, to provide such service provided, however, that voice services and underlying facilities related thereto to the extent used to provide voice services are not included;

(23) "Incumbent local exchange telecommunications company", a local exchange telecommunications company authorized to provide basic local telecommunications service in a specific geographic area as of December 31, 1995, or a successor in interest to such a company;

[(23)] (24) "Interexchange telecom-munications company", any company engaged in the provision of interexchange telecommunications service;

[(24)] (25) "Interexchange telecom-munications service", telecommunications service between points in two or more exchanges;

[(25)] (26) "InterLATA", interexchange telecommunications service between points in different local access and transportation areas;

[(26)] (27) "IntraLATA", interexchange telecommunications service between points within the same local access and transportation area;

[(27)] (28) "Light rail" includes every rail transportation system in which one or more rail vehicles are propelled electrically by overhead catenary wire upon tracks located substantially within an urban area and are operated exclusively in the transportation of passengers and their baggage, and including all bridges, tunnels, equipment, switches, spurs, tracks, stations, used in connection with the operation of light rail;

[(28)] (29) "Line" includes route;

[(29)] (30) "Local access and transportation area" or "LATA", contiguous geographic area approved by the U.S. District Court for the District of Columbia in United States v. Western Electric, Civil Action No. 82-0192 that defines the permissible areas of operations for the Bell Operating companies;

[(30)] (31) "Local exchange telecom-munications company", any company engaged in the provision of local exchange telecommunications service. A local exchange telecommunications company shall be considered a "large local exchange telecommunications company" if it has at least one hundred thousand access lines in Missouri and a "small local exchange telecommunications company" if it has less than one hundred thousand access lines in Missouri;

[(31)] (32) "Local exchange telecom-munications service", telecommunications service between points within an exchange;

[(32)] (33) "Long-run incremental cost", the change in total costs of the company of producing an increment of output in the long run when the company uses least cost technology, and excluding any costs that, in the long run, are not brought into existence as a direct result of the increment of output. The relevant increment of output shall be the level of output necessary to satisfy total current demand levels for the service in question, or, for new services, demand levels that can be demonstrably anticipated;

[(33)] (34) "Municipality" includes a city, village or town;

[(34)] (35) "Nonbasic telecommunications services" shall be all regulated telecommunications services other than basic local and exchange access telecommunications services, and shall include the services identified in paragraphs (d) and (e) of subdivision (4) of this section. Any retail telecommunications service offered for the first time after August 28, 1996, shall be classified as a nonbasic telecommunications service, including any new service which does not replace an existing service;

[(35)] (36) "Noncompetitive telecom-munications company", a telecommunications company other than a competitive telecommunications company or a transitionally competitive telecommunications company;

[(36)] (37) "Noncompetitive telecom-munications service", a telecommunications service other than a competitive or transitionally competitive telecommunications service;

[(37)] (38) "Operator services", operator-assisted interexchange telecommunications service by means of either human or automated call intervention and includes, but is not limited to, billing or completion of calling card, collect, person-to-person, station-to-station or third number billed calls;

[(38)] (39) "Operator services contract", any agreement between a traffic aggregator and a certificated interexchange telecommunications company to provide operator services at a traffic aggregator location;

[(39)] (40) "Person" includes an individual, and a firm or copartnership;

[(40)] (41) "Private shared tenant services" includes the provision of telecommunications and information management services and equipment within a user group located in discrete private premises as authorized by the commission by a commercial-shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to the facilities of local exchange telecommunications companies and to interexchange telecommunications companies;

[(41)] (42) "Private telecommunications system", a telecommunications system controlled by a person or corporation for the sole and exclusive use of such person, corporation or legal or corporate affiliate thereof;

[(42)] (43) "Public utility" includes every pipeline corporation, gas corporation, electrical corporation, telecommunications company, water corporation, heat or refrigerating corporation, and sewer corporation, as these terms are defined in this section, and each thereof is hereby declared to be a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this chapter;

[(43)] (44) "Railroad" includes every railroad and railway, other than street railroad or light rail, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, real estate and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad;

[(44)] (45) "Railroad corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any railroad or railway as defined in this section, or any cars or other equipment used thereon or in connection therewith;

[(45)] (46) "Rate", every individual or joint rate, fare, toll, charge, reconsigning charge, switching charge, rental or other compensation of any corporation, person or public utility, or any two or more such individual or joint rates, fares, tolls, charges, reconsigning charges, switching charges, rentals or other compensations of any corporation, person or public utility or any schedule or tariff thereof;

[(46)] (47) "Resale of telecommunications service", the offering or providing of telecommunications service primarily through the use of services or facilities owned or provided by a separate telecommunications company, but does not include the offering or providing of private shared tenant services;

[(47)] (48) "Service" includes not only the use and accommodations afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or public utility and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or public utility in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or public utility, and to the use and accommodation of consumers or patrons;

[(48)] (49) "Sewer corporation" includes every corporation, company, association, joint stock company or association, partnership or person, their lessees, trustees or receivers appointed by any court, owning, operating, controlling or managing any sewer system, plant or property, for the collection, carriage, treatment, or disposal of sewage anywhere within the state for gain, except that the term shall not include sewer systems with fewer than twenty-five outlets;

[(49)] (50) "Sewer system" includes all pipes, pumps, canals, lagoons, plants, structures and appliances, and all other real estate, fixtures and personal property, owned, operated, controlled or managed in connection with or to facilitate the collection, carriage, treatment and disposal of sewage for municipal, domestic or other beneficial or necessary purpose;

[(50)] (51) "Street railroad" includes every railroad by whatsoever type of power operated, and all extensions and branches thereof and supplementary facilities thereto by whatsoever type of vehicle operated, for public use in the conveyance of persons or property for compensation, mainly providing local transportation service upon the streets, highways and public places in a municipality, or in and adjacent to a municipality, and including all cars, buses and other rolling stock, equipment, switches, spurs, tracks, poles, wires, conduits, cables, subways, tunnels, stations, terminals and real estate of every kind used, operated or owned in connection therewith but this term shall not include light rail as defined in this section; and the term "street railroad" when used in this chapter, shall also include all motor bus and trolley bus lines and routes and similar local transportation facilities, and the rolling stock and other equipment thereof and the appurtenances thereto, when operated as a part of a street railroad or trolley bus local transportation system, or in conjunction therewith or supplementary thereto, but such term shall not include a railroad constituting or used as part of a trunk line railroad system and any street railroad as defined above which shall be converted wholly to motor bus operation shall nevertheless continue to be included within the term "street railroad" as used herein;

[(51)] (52) "Telecommunications company" includes telephone corporations as that term is used in the statutes of this state and every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any facilities used to provide telecommunications service for hire, sale or resale within this state;

[(52)] (53) "Telecommunications facilities" includes lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated, controlled or owned by any telecommunications company to facilitate the provision of telecommunications service;

[(53)] (54) "Telecommunications service", the transmission of information by wire, radio, optical cable, electronic impulses, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service does not include:

(a) The rent, sale, lease, or exchange for other value received of customer premises equipment except for customer premises equipment owned by a telephone company certificated or otherwise authorized to provide telephone service prior to September 28, 1987, and provided under tariff or in inventory on January 1, 1983, which must be detariffed no later than December 31, 1987, and thereafter the provision of which shall not be a telecommunications service, and except for customer premises equipment owned or provided by a telecommunications company and used for answering 911 or emergency calls;

(b) Answering services and paging services;

(c) The offering of radio communication services and facilities when such services and facilities are provided under a license granted by the Federal Communications Commission under the commercial mobile radio services rules and regulations;

(d) Services provided by a hospital, hotel, motel, or other similar business whose principal service is the provision of temporary lodging through the owning or operating of message switching or billing equipment solely for the purpose of providing at a charge telecommunications services to its temporary patients or guests;

(e) Services provided by a private telecommunications system;

(f) Cable television service;

(g) The installation and maintenance of inside wire within a customer's premises;

(h) Electronic publishing services; or

(i) Services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission;

[(54)] (55) "Telephone cooperative", every corporation defined as a telecommunications company in this section, in which at least ninety percent of those persons and corporations subscribing to receive local telecommunications service from the corporation own at least ninety percent of the corporation's outstanding and issued capital stock and in which no subscriber owns more than two shares of the corporation's outstanding and issued capital stock;

[(55)] (56) "Traffic aggregator", any person, firm, partnership or corporation which furnishes a telephone for use by the public and includes, but is not limited to, telephones located in rooms, offices and similar locations in hotels, motels, hospitals, colleges, universities, airports and public or customer-owned pay telephone locations, whether or not coin operated;

[(56)] (57) "Transitionally competitive telecommunications company", an interexchange telecommunications company which provides any noncompetitive or transitionally competitive telecommunications service, except for an interexchange telecommunications company which provides only noncompetitive telecommunications service;

[(57)] (58) "Transitionally competitive tele-communications service", a telecommunications service offered by a noncompetitive or transitionally competitive telecommunications company and classified as transitionally competitive by the commission pursuant to section 392.361 or 392.370, RSMo;

[(58)] (59) "Water corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling or managing any plant or property, dam or water supply, canal, or power station, distributing or selling for distribution, or selling or supplying for gain any water;

[(59)] (60) "Water system" includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures and appliances, and all other real estate, fixtures and personal property, owned, operated, controlled or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing or carriage of water for municipal, domestic or other beneficial use.

392.261. 1. A provider of high-speed Internet access service or broadband service may elect, upon providing written notice to the commission, to provide high-speed Internet access service or broadband service on a nonregulated basis. With regard to those providers electing to provide high-speed Internet access service or broadband service on a nonregulated basis, the commission shall not, by entering any order, adopting any rule, or otherwise taking any agency action, impose any regulation upon a provider of high-speed Internet access service or broadband service in its provision of such service, regardless of technology or medium used to provide such service. Nothing in this section shall affect the commission's authority to regulate the rates, terms, and conditions of any voice telecommunications service as otherwise authorized under chapter 386, RSMo, and this chapter. Nothing in this section is intended to affect the commission's authority to regulate voice telecommunications services or the commission's authority to regulate copper loops for use by telecommunications providers pursuant to Federal Communications Commission's regulations.

2. An incumbent local exchange telecommunications company subject to the provisions of 47 U.S.C. Section 251(c) shall be required to provide access to unbundled network elements related to high-speed Internet access service or broadband service, including but not limited to loops, subloops, and collocation space within the facilities of the incumbent local exchange telecommunication company only to the extent required to implement the Federal Communications Commission regulations.

3. Notwithstanding any provision of this section to the contrary, nothing in this section shall affect the commission's authority, to the extent otherwise provided in chapter 386, RSMo, and this chapter:

(1) To consider whether high-speed Internet access service and broadband service should be included in its definition of essential local telecommunications service pursuant to section 392.248;

(2) To establish or approve rates, terms, or conditions, in accordance with chapter 386, RSMo, and this chapter, for the use of a telecommunications company's facilities by a provider of high-speed Internet service or broadband service for the origination, termination, or transport of telecommunications services; or

(3) To consider whether revenues received by a telecommunications company from the provision of high-speed Internet access service or broadband service should be included in Missouri jurisdictional telecommunications services revenues for the purposes of imposing assessments in accordance with law, including but not limited to section 386.370, RSMo, and section 392.248.

4. A telecommunications company offering telecommunications services to Internet service providers shall make such offerings available to all Internet service providers on a nondiscriminatory basis as set forth in section 392.200."; and

Further amend the title and enacting clause accordingly.

Senator Steelman moved that the above amendment be adopted.

Senator Shields raised the point of order that SA 2 is out of order as it goes beyond the scope and title of the bill.

Senator Gross assumed the Chair.

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

Senator Bartle assumed the Chair.

Senator Goode moved that SCS for HS for HCS for HB 228, as amended, be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HS for HCS for HB 228, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Caskey
Cauthorn Champion Childers Clemens
Days Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--29
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators
Coleman DePasco Dolan Dougherty--4

The President declared the bill passed.

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

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

Senator Gibbons moved that motion lay on the table, 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 HS for HCS for SS for SCS for SB 555, entitled:

An Act to repeal section 91.030, RSMo, and to enact in lieu thereof two new sections relating to the supply of electrical power and energy to aluminum smelting facilities, with an emergency clause.

Emergency clause defeated.

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 refuses to recede from its position on HCS for SS for SCS for SB 298, as amended, and grants the Senate a conference thereon.

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 HCS for SS for SCS for SB 298, as amended. Representatives: Johnson (47), Engler, Emery, Villa, Jolly.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on HCS for SS for SCS for SB 298, as amended: Senators Griesheimer, Childers, Steelman, Mathewson and Stoll.

PRIVILEGED MOTIONS

Senator Yeckel moved that the Senate request the House to grant further conference on HCS for SB 552, which motion prevailed.

MESSAGES FROM THE HOUSE

The following message was 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 adopted the Conference Committee Report on SS for SCS for HCS for HB 289, as amended, and has taken up and passed CCS for SS for SCS for HCS for HB 289.

Emergency clause adopted.

PRIVILEGED MOTIONS

Senator Steelman, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HCS for HB 289, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 289

The Conference Committee appointed on Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 289, with Senate Amendments Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, 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 Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 289, as amended;

2. That the House recede from its position on House Committee Substitute for House Bill No. 289;

3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 289, be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Sarah Steelman /s/ Tom Dempsey
/s/ David G. Klindt /s/ Brian Yates
/s/ Jim Mathewson /s/ Melba Curls
/s/ Wayne Goode /s/ David Pearce
/s/ Charles R. Gross /s/ Denny J. Meredith III

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

YEAS--Senators
Bartle Bland Bray Caskey
Cauthorn Childers Clemens Days
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Quick Russell Shields Steelman
Stoll Vogel Wheeler Yeckel--28
NAYS--Senators--None
Absent--Senators
Champion Scott--2
Absent with leave--Senators
Coleman DePasco Dolan Dougherty--4

On motion of Senator Steelman, CCS for SS for SCS for HCS for HB 289, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 289

An Act to repeal sections 71.620, 99.845, 100.010, 100.050, 100.105, 100.180, 100.710, 100.840, 100.850, 135.207, 135.400, 135.431, 135.500, 135.503, 135.516, 135.520, 162.1100, 178.892, and 348.015, RSMo, and to enact in lieu thereof seventy new sections relating to tax incentives for economic development, with an expiration date for certain sections, an emergency clause for certain sections and an effective date for a certain section.

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

YEAS--Senators
Bartle Bland Bray Caskey
Cauthorn Childers Clemens Days
Foster Gibbons Goode Griesheimer
Gross Jacob Klindt Loudon
Mathewson Nodler Quick Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--26
NAYS--Senators--None
Absent--Senators
Champion Kennedy Kinder Russell--4
Absent with leave--Senators
Coleman DePasco Dolan Dougherty--4

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bartle Bland Bray Caskey
Cauthorn Childers Clemens Days
Foster Gibbons Griesheimer Gross
Jacob Kennedy Klindt Loudon
Mathewson Nodler Quick Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--26
NAYS--Senators--None
Absent--Senators
Champion Goode Kinder Russell--4
Absent with leave--Senators
Coleman DePasco Dolan Dougherty--4

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.

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 adopted the Conference Committee Report on SS for SCS for HS for HB 511, as amended, and has taken up and passed CCS for SS for SCS for HS for HB 511.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 407 and has taken up and passed CCS for HCS for SB 407.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 448 and has taken up and passed CCS for HCS for SB 448.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SCS No. 2 for SB 52 and has taken up and passed CCS for HCS for SCS No. 2 for SB 52.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 10.

RESOLUTIONS

Senator Vogel offered Senate Resolution No. 924, regarding Kari Blankenship, Eldon, which was adopted.

Senator Vogel offered Senate Resolution No. 925, regarding Dustin Lehman, Gravois Mills, which was adopted.

Senator Vogel offered Senate Resolution No. 926, regarding Ashley Briggs, Fulton, which was adopted.

Senator Vogel offered Senate Resolution No. 927, regarding Laura Shanley, Fulton, which was adopted.

Senator Vogel offered Senate Resolution No. 928, regarding Emily Omohundro, Fulton, which was adopted.

Senator Vogel offered Senate Resolution No. 929, regarding Ryan Price, Tipton, which was adopted.

Senator Vogel offered Senate Resolution No. 930, regarding Rebecca Williams, Tipton, which was adopted.

Senator Vogel offered Senate Resolution No. 931, regarding Hannah Combs, Tipton, which was adopted.

Senator Vogel offered Senate Resolution No. 932, regarding Brad Homan, Syracuse, which was adopted.

Senator Vogel offered Senate Resolution No. 933, regarding Elizabeth Allison, Tipton, which was adopted.

Senator Vogel offered Senate Resolution No. 934, regarding Lori Albin, Tipton, which was adopted.

Senator Vogel offered Senate Resolution No. 935, regarding Corey Williams, Tipton, which was adopted.

Senator Vogel offered Senate Resolution No. 936, regarding Aryn Price, Tipton, which was adopted.

Senator Vogel offered Senate Resolution No. 937, regarding Breanna Merriott, Versailles, which was adopted.

Senator Vogel offered Senate Resolution No. 938, regarding Courtney Clarke, Morgan County, which was adopted.

Senator Stoll offered Senate Resolution No. 939, regarding MacKenzie Joseph "Mac" Stephens, St. Louis, which was adopted.

Senator Stoll offered Senate Resolution No. 940, regarding Elizabeth J. "Betty" McLard, Barnhart, which was adopted.

Senator Cauthorn offered Senate Resolution No. 941, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Jack Gwinner, Hannibal, which was adopted.

Senator Cauthorn offered Senate Resolution No. 942, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Frederick J. Voepel, Palmyra, which was adopted.

Senator Cauthorn offered Senate Resolution No. 943, regarding Gary L. Sharp, Boonville, which was adopted.

Senator Cauthorn offered Senate Resolution No. 944, regarding the Fifty-fifth Wedding Anniversary of Mr. and Mrs. Lloyd Brocaille, Hannibal, which was adopted.

Senator Foster offered Senate Resolution No. 945, regarding Ryan Michael Sullivan, Poplar Bluff, which was adopted.

Senator Foster offered Senate Resolution No. 946, regarding Cassie Mathis, Poplar Bluff, which was adopted.

Senator Foster offered Senate Resolution No. 947, regarding Melinda Ann Rushing, Poplar Bluff, which was adopted.

Senator Foster offered Senate Resolution No. 948, regarding Lindsey N. Humphrey, Poplar Bluff, which was adopted.

Senator Foster offered Senate Resolution No. 949, regarding Rachel Beth Kurz, Poplar Bluff, which was adopted.

Senator Foster offered Senate Resolution No. 950, regarding Laura French, Harviell, which was adopted.

Senator Foster offered Senate Resolution No. 951, regarding Stacy L. Humphrey, Poplar Bluff, which was adopted.

Senator Griesheimer offered Senate Resolution No. 952, regarding Diana Garbs, Marthasville, which was adopted.

MESSAGES FROM THE GOVERNORThe following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 8, 2003

TO THE SECRETARY OF THE SENATE

92nd GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 371 entitled:

AN ACT

To repeal sections 173.355 and 173.385, RSMo, and to enact in lieu thereof two new sections relating to the Missouri higher education loan authority.

On May 8, 2003, I approved said Senate Bill No. 371.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 8, 2003

TO THE SECRETARY OF THE SENATE

92nd GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bills Nos. 194 & 189 entitled:

AN ACT

To amend chapter 288, RSMo, by adding thereto one new section relating to unemployment reimbursement for Indian tribes in compliance with federal mandate, with an emergency clause.

On May 8, 2003, I approved said Senate Committee Substitute for Senate Bills Nos. 194 & 189.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 8, 2003

TO THE SECRETARY OF THE SENATE

92nd GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 255 entitled:

AN ACT

To repeal section 393.110, RSMo, and to enact in lieu thereof one new section relating to the public service commission's jurisdiction of consumer-owned electric corporations.

On May 8, 2003, I approved said Senate Bill No. 255.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 8, 2003

TO THE SECRETARY OF THE SENATE

92nd GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 239 entitled:

AN ACT

To authorize the governor to convey a tract of land owned by the state in the county of Pettis.

On May 8, 2003, I approved said Senate Committee Substitute for Senate Bill No. 239.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 8, 2003

TO THE SECRETARY OF THE SENATE

92nd GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 14 entitled:

AN ACT

To repeal section 84.510, RSMo, relating to certain police officers, and to enact in lieu thereof one new section relating to the same subject.

On May 8, 2003, I approved said Senate Bill No. 14.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 8, 2003

TO THE SECRETARY OF THE SENATE

92nd GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 50 entitled:

AN ACT

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

On May 8, 2003, I approved said Senate Bill No. 50.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 8, 2003

TO THE SECRETARY OF THE SENATE

92nd GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 232 entitled:

AN ACT

To authorize the conveyance of property at Thousand Hills State Park.

On May 8, 2003, I approved said Senate Bill No. 232.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 8, 2003

TO THE SECRETARY OF THE SENATE

92nd GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 235 entitled:

AN ACT

To repeal section 99.845, RSMo, and to enact in lieu thereof one new section relating to local government indebtedness.

On May 8, 2003, I approved said Senate Bill No. 235.

Respectfully submitted,

BOB HOLDEN

Governor

On motion of Senator Gibbons, the Senate adjourned until 12:30 p.m., Monday, May 12, 2003.

SENATE CALENDAR

______



SEVENTY-FIRST DAY-MONDAY, MAY 12, 2003

______



FORMAL CALENDAR



THIRD READING OF SENATE BILLS



SB 564-Gross





SENATE BILLS FOR PERFECTION



SB 414-Steelman, with SCS



SB 454-Coleman and Dougherty,

with SCS

HOUSE BILLS ON THIRD READING



1. HB 598-Schlottach, et al,

with SCS (Dolan)

2. HB 327-Lipke, with SCS

(Dolan)

3. HCS for HB 185, with SCS

(Gross)

4. HB 91-Mayer, with SCS

(Steelman)



5. HS for HCS for HBs 679

& 396-Hanaway (Shields)

6. HCS for HB 138 (Klindt)

7. HS for HB 481-Crowell

8. HB 655-Wilson (130) (Foster)

9. HB 189-Parker, et al

10. HS for HCS for HB 121-

Portwood, with SCS



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 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)

HS for HB 197-Johnson (47),

with SCS & SCA 1 (Shields)

HB 198-Stevenson, et al (Nodler)

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 HB 470-Mayer, with SCS (Bartle)

HS for HCS for HBs 517, 94, 149,

150 & 342-Portwood, with SCS

(Gross)

HS for HCS for HB 564-Behnen,

with SCS (Yeckel)

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 505-Byrd and Villa,

with SCS (Mathewson)



SENATE BILLS WITH HOUSE AMENDMENTS



SCS for SB 358-Shields,

with HCS

SB 370-Foster, with HCS

SB 470-Bartle, with HCS

SB 521-Gross, with HCS



SS for SCS for SB 555-

Kinder, with HS for HCS

SCS for SB 592-Foster,

with HCS



BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



SS for SCS for SB 36-Klindt,

with HCS, as amended

SCS for SB 69-Yeckel and

Nodler, with HCS

SB 186-Cauthorn, with HCS

(Senate adopted CCR

and passed CCS)

SCS for SB 246-Steelman, et al,

with HS for HCS, as amended

SS for SCS for SB 298-

Griesheimer, with 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 552-Yeckel, with HCS

(Senate requests House

grant further conference)

HCS for HB 427, with SCS (Bartle)

HS for HB 511-Deeken, with SS

for SCS, as amended (Yeckel)

(House adopted CCR

and passed CCS)

HCS for HB 600, with SS for SS

for SCS, as amended (Shields)

HCS for HB 613, with SCS,

as amended (Bartle)

HS for HB 668-Crawford, with SS

for SCS, as amended (Dolan)



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 18-Mathewson and

Steelman



HCR 11-Moore and Walton (Bland)

SR 900-Mathewson

HCR 3-Townley (Klindt)

HCR 5-Townley (Klindt)

HCR 32-Miller (Gibbons)