Journal of the Senate

SECOND REGULAR SESSION


FIFTEENTH DAY--TUESDAY, FEBRUARY 3, 2004


The Senate met pursuant to adjournment.

Senator Gross in the Chair.

Reverend Carl Gauck offered the following prayer:

"Thy statutes have been my songs in the house of my pilgrimage." (Psalm 119:54)

Gracious God, what we attempt here is but a mirror of Your law that governs Your people. Help us in our discernment to bring laws that affect the lives of our people that they may be safe and seek justice in their daily living. 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 the Associated Press, KMIZ-TV, The Chart, MSSU, Joplin and KRCG-TV were given permission to take pictures in the Senate Chamber today.

The following Senators were present during the day's proceedings:

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--34
Absent with leave--Senators--None


RESOLUTIONS

Senator Foster offered Senate Resolution No. 1235, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Willard Adams, Bernie, which was adopted.

Senator Gibbons offered Senate Resolution No. 1236, regarding Andrew P. "Andy" Kent, Manchester, which was adopted.

Senator Dolan offered Senate Resolution No. 1237, regarding Daniel Zatorski, St. Peters, which was adopted.

Senator Dolan offered Senate Resolution No. 1238, regarding Trent Taylor, Lake Saint Louis, which was adopted.

Senator Dolan offered Senate Resolution No. 1239, regarding Michael Klamm, O'Fallon, which was adopted.

Senator Dolan offered Senate Resolution No. 1240, regarding Phillip Guerrettaz, Lake Saint Louis, which was adopted.

Senator Dolan offered Senate Resolution No. 1241, regarding Matthew Paule, Lake Saint Louis, which was adopted.

Senator Dolan offered Senate Resolution No. 1242, regarding Joshua Loeb, Lake Saint Louis, which was adopted.

Senator Dolan offered Senate Resolution No. 1243, regarding Clayton Peterson, Lake Saint Louis, which was adopted.

Senator Dolan offered Senate Resolution No. 1244, regarding Alex Ratcliff, Lake Saint Louis, which was adopted.

Senator Dolan offered Senate Resolution No. 1245, regarding Jacob Barrow, O'Fallon, which was adopted.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 714 and SB 761, with SCS, SS for SCS and SA 13 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 13 was again taken up.

A quorum was established by the following vote:

Present--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Days Dougherty Foster Gibbons
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Nodler
Quick Russell Scott Shields
Steelman Vogel Wheeler Yeckel--28
Absent--Senators
Bland Coleman Dolan Goode
Mathewson Stoll--6
Absent with leave--Senators--None

Senator Jacob moved that SA 13 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Callahan, Kennedy and Wheeler.

SA 13 failed of adoption by the following vote:

YEAS--Senators
Bray Days Jacob Kennedy
Quick Wheeler--6
NAYS--Senators
Bartle Callahan Caskey Cauthorn
Champion Childers Clemens Dolan
Dougherty Foster Gibbons Griesheimer
Gross Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Stoll Vogel
Yeckel--25
Absent-Senators
Bland Coleman Goode-3
Absent with leave-Senators-None

Senator Jacob offered SA 14:

SENATE AMENDMENT NO. 14

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11, by removing the open bracket "[" and the close bracket "]" on either side of the word "Southwest"; and

Further by amending page 2, section 174.450, line 20, by removed the open bracket "[" and the close bracket "]" on either side of the word "Southwest"; and

Further by amending page 3, section 174.450, line 11, by inserting the word "Southwest" immediately before the word "Missouri"; and

Further by amending page 3, section 1, line 24, by inserting the word "Southwest" immediately before the word "Missouri"; and

Further by amending page 4, section 1, line 2, by inserting the word "Southwest" immediately before the word "Missouri"; and

Further by amending page 4, section 1, line 6, by inserting the word "Southwest" immediately before the word "Missouri"; and

Further by amending page 4, section 1, line 8, by inserting the word "Southwest" and immediately before the word "Missouri"; and

Further by amending page 4, section 1, line 14, by inserting after the end of all of said line the following:

"Section 2. 1. It is the established policy and position of the state of Missouri that the name of each public institution of higher education in the state shall clearly convey to the public the mission, roll, and scope of that institution with in the context of Missouri's coordinated system of higher education. It is also the established policy and position of the state of Missouri that it is particularly important that the missions and names of state-supported institutions of higher education continue to be coordinated to maintain differentiation within the state's system of higher education. It is also the established policy and position of the state of Missouri that any consideration of changing the name of any public institution of higher education in this state shall be conducted by the coordinating board of higher education and shall be conducted pursuant to the guidelines, rules, and regulations promulgated by the coordinating board of higher education.

2. No name of any public institution of higher education in this state shall be changed unless such change is first recommended by the coordinating board of higher education and is then duly approved by the general assembly and enacted into law. The guidelines, rules and regulations established by the coordinating board of higher education for governing the process of changing the names of such institutions shall include, by not be limited to, the following:

(1) All proposals to change the name of any public institution of higher education in this state shall be forwarded to the coordinating board of higher education for review, study, and recommendation and shall be accompanied by a comprehensive impact statement which meets the guidelines, rules and regulations promulgated by the coordinating board of higher education;

(2) The consideration of changing the name of any such institution shall only occur commensurate with a comprehensive study and review by the coordinating board of higher education regarding the institution's assigned mission and role within the coordinated system of higher education in the state;

(3) The coordinating board of higher education's consideration of changing the name of any such institution shall include a consideration of the breadth of programs offered, the institution's graduation rates, the institution's productivity, the qualifications of faculty, and the distribution of degrees conferred as a potential measure of institutional comprehensiveness;

(4) Marketing shall not be the sole, or even a primary, reason or justification of a name change proposal or final recommendation;

(5) No change of name of any public institution of higher education in this state shall occur unless such name change is consistent with the coordinating board's long-established policies relating to access, quality, and efficiency in the provision of publicly funded higher education in the state of Missouri; and

(6) No additional state funds or other resources shall be appropriated or directed to any institution as a result of a change of that institution's name.

3. The coordinating board of higher education is authorized to promulgate guidelines, rules, and regulations to govern the process of proposing, reviewing, studying, recommending, and effecting a change of name of any public institution of higher education in the state of Missouri.

4. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 526, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.

Section 3. The coordinating board of higher education shall conduct a comprehensive study of the post-secondary educational needs of the citizens of the state of Missouri, and of the capability of the existing public and private institutions of higher education in this state to meet those recognized needs period. The coordinating board of higher education shall also conduct a comprehensive study of the existing coordinated system of public higher education in Missouri and shall determine whether the existing coordinated system should be modified to better meet the recognized post-secondary educational needs of the citizens of this state. The coordinating board of higher education shall complete its studies and submit its final report to the governor and the general assembly not later than November 1, 2005. The final report shall contain a detailed statement of the findings and conclusions of the coordinating board of higher education, along with the board's recommendations for legislation and administrative actions as the coordinating board of higher education deems appropriate, including, but not limited to, recommendations as to:

(1) Whether the structure of, or institutions within, the University of Missouri system should be modified;

(2) Whether the structure of, or institutions within, the coordinated system of local and regional colleges and universities and the statewide state university should be modified;

(3) Whether the coordinated system of regional universities should be abandoned and replaced with a new system of "Missouri State" universities; and

(4) Whether the mission, name, admission standards, or Carnegie classification of any one or more of the current public institutions of higher education in this state should be modified."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

Senator Caskey offered SSA 1 for SA 14:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11, by inserting after "known" on said line a ","; and

Further amend said bill, page 2, section 174.450, line 20 of said line by striking "," and inserting in lieu thereof a ";"; and

Further amend said bill and section, page 3, line 11 of said page, by inserting after "board" a ","; and

Further amend said bill, page 3, section 1, line 24 of said page, by inserting a "," after "duplicate"; and

Further amend said bill and section, page 4, line 2 of said page by inserting a "," after "consider"; and

Further amend line 6 of said page by inserting a "," after "or"; and

Further amend lines 8 and 9 of said page by inserting a "," after "nor" on line 8 and a "," after "approval" on line 9.

Senator Caskey moved that the above substitute amendment be adopted.

Senator Jacob raised the point of order that SSA 1 for SA 14 is out of order as it is not a true substitute amendment; stating that it is not substantive and is perfecting in nature and further that it is a frivolous amendment.

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

SSA 1 for SA 14 was again taken up.

Senator Bray raised the point of order that Senator Bartle has a computer on his desk which is in violation of the Senate Rules.

The point of order was referred to the President Pro Tem who ruled it not well taken, indicating that the rules apply to a laptop and that the device being used by Senator Bartle was not a laptop.

Senator Jacob offered SA 1 to SSA 1 for SA 14, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 14 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Lines 2-17, by striking all of said lines; and further amend said page, line 17, by inserting after all of said line, the following:

"Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Ashcroft"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Ashcroft"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft"; and further amend line 6 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft"; and further amend lines 8-9 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft.".

Senator Jacob moved that the above amendment be adopted.

Senator Shields assumed the Chair.

At the request of Senator Jacob, SA 1 to SSA 1 for SA 14 was withdrawn.

Senator Jacob offered SA 2 to SSA 1 for SA 14, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 14 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Lines 1-16, by striking all of said lines; and further amend said page, line 16, by inserting after all of said line, the following:

"Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Bond"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Bond"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Bond"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Bond"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Bond"; and further amend line 6 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Bond"; and further amend lines 8-9 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Bond.".

Senator Jacob moved that the above amendment be adopted.

Senator Jacob raised the point of order that SA 2 to SSA 1 for SA 14 is out of order as it is in the third degree.

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

SA 2 to SSA 1 for SA 14 was again taken up.

At the request of Senator Jacob, the above amendment was withdrawn.

Senator Jacob offered SA 3 to SSA 1 for SA 14, which was read:

SENATE AMENDMENT NO. 3 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 14 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Lines 2-17, by striking all of said lines; and further amend said page, line 17, by inserting after all of said line, the following:

"Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Ashcroft & Bond"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Ashcroft & Bond"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft & Bond"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft & Bond"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft & Bond"; and further amend line 6 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft & Bond"; and further amend lines 8-9 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Ashcroft & Bond.".

Senator Jacob moved that the above amendment be adopted.

A quorum was established by the following vote:

Present--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Days Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Russell
Scott Shields Steelman Vogel
Yeckel--29
Absent--Senators
Bland Coleman Quick Stoll
Wheeler--5
Absent with leave--Senators--None

SA 3 to SSA 1 for SA 14 was again taken up.

A quorum was established by the following vote:

Present--Senators
Bray Callahan Caskey Cauthorn
Champion Childers Clemens Coleman
Days Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Russell
Scott Shields Steelman Vogel
Wheeler Yeckel--30
Absent--Senators
Bartle Bland Quick Stoll--4
Absent with leave--Senators--None

A quorum was established by the following vote:

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Vogel Wheeler Yeckel--31
Absent--Senators
Dolan Quick Stoll--3
Absent with leave--Senators--None

Senator Bartle assumed the Chair.

At the request of Senator Jacob, SA 3 to SSA 1 for SA 14 was withdrawn.

Senator Jacob offered SA 4 to SSA 1 for SA 14, which was read:

SENATE AMENDMENT NO. 4 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 14 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Lines 2-17, by striking all of said lines; and further amend said page, line 17, by inserting after all of said line, the following:

"Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and further amend line 6 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and further amend lines 8-9 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker".

Senator Jacob moved that the above amendment be adopted.

Senator Shields assumed the Chair.

A quorum was established by the following vote:

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Vogel Wheeler Yeckel--31
Absent--Senators
Dolan Quick Stoll--3
Absent with leave--Senators--None

A quorum was established by the following vote:

Present--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Coleman Days Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Vogel Wheeler
Yeckel--29
Absent--Senators
Bland Dolan Dougherty Quick
Stoll--5
Absent with leave--Senators--None

A quorum was established by the following vote:

Present--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Coleman Days Dougherty Foster
Gibbons Goode Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Russell
Scott Shields Steelman Vogel
Wheeler Yeckel--30
Absent--Senators
Bland Dolan Quick Stoll--4
Absent with leave--Senators--None


A quorum was established by the following vote:

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Foster Gibbons Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Russell
Scott Shields Steelman Stoll
Vogel Wheeler Yeckel--31
Absent--Senators
Dougherty Goode Quick--3
Absent with leave--Senators--None

A quorum was established by the following vote:

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

Senator Coleman was recognized to interrogate Senator Days.

Senator Caskey rose asking if Senator Coleman would yield the floor for inquiry. Senator Coleman yielded to Senator Caskey.

At the request of Senator Caskey, SSA 1 for SA 14 was withdrawn, rendering SA 4 to SSA 1 for SA 14 moot.

Senator Jacob raised the point of order that the withdrawal of SSA 1 for SA 14 is out of order, stating that the underlying amendment cannot be withdrawn unless the pending amendment to it is withdrawn first.

The point of order was referred to the President Pro Tem.

Senator Coleman raised the point of order that she yielded the floor to allow an inquiry by Senator Caskey and there was no inquiry.

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

President Pro Tem Kinder ruled the point of order raised by Senator Jacob not well taken.

SA 14 was again taken up.

At the request of Senator Jacob, the above amendment was withdrawn.

Senator Jacob offered SA 15, which was read:

SENATE AMENDMENT NO. 15

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Donald William Thalhuber"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Donald William Thalhuber"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Donald William Thalhuber"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Donald William Thalhuber"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Donald William Thalhuber"; and further amend line 6 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Donald William Thalhuber"; and further amend lines 8-9 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Donald William Thalhuber".

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

SA 15 failed of adoption by the following vote:

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

Senator Jacob offered SA 16, which was read:

SENATE AMENDMENT NO. 16

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Grover Cleveland Alexander"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Grover Cleveland Alexander"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Grover Cleveland Alexander"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Grover Cleveland Alexander"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Grover Cleveland Alexander"; and further amend line 6 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Grover Cleveland Alexander"; and further amend lines 8-9 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Grover Cleveland Alexander".

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

Senator Bartle assumed the Chair.

SA 16 failed of adoption by the following vote:

YEAS--Senator Jacob--1
NAYS--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Coleman Days Dolan Foster
Gibbons Griesheimer Gross Kennedy
Kinder Klindt Loudon Mathewson
Nodler Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--28
Absent--Senators
Bland Dougherty Goode Quick
Russell--5
Absent with leave--Senators--None

Senator Jacob offered SA 17, which was read:

SENATE AMENDMENT NO. 17

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "Paul Armstrong"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "Paul Armstrong"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Paul Armstrong"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Paul Armstrong"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Paul Armstrong"; and further amend line 6 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Paul Armstrong"; and further amend lines 8-9 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Paul Armstrong".

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

Senator Jacob offered SA 18, which was read:

SENATE AMENDMENT NO. 18

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Tom Bass"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Tom Bass"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Tom Bass"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Tom Bass"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Tom Bass"; and further amend line 6 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Tom Bass"; and further amend lines 8-9 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Tom Bass".

A quorum was established by the following vote:

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Dougherty Foster Gibbons Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Scott Shields Steelman Stoll
Vogel Wheeler Yeckel--31
Absent--Senators
Goode Quick Russell--3
Absent with leave--Senators--None

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

SA 18 failed of adoption by the following vote:

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

Senator Jacob offered SA 19, which was read:

SENATE AMENDMENT NO. 19

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Annie White Baxter"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri" and inserting in lieu thereof the following: "Annie White Baxter"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Annie White Baxter"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Annie White Baxter"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Annie White Baxter"; and further amend line 6 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Annie White Baxter"; and further amend lines 8-9 of said page, by striking the word "Missouri" and inserting in lieu thereof the following: "Annie White Baxter".

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

SA 19 failed of adoption by the following vote:

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

Senator Gross assumed the Chair.

Senator Bray offered SA 20, which was read:

SENATE AMENDMENT NO. 20

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "Laura Ingalls Wilder"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "Laura Ingalls Wilder"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Laura Ingalls Wilder"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Laura Ingalls Wilder"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Laura Ingalls Wilder"; and further amend line 6 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Laura Ingalls Wilder"; and further amend lines 8-9 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "Laura Ingalls Wilder".

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

SA 20 failed of adoption by the following vote:

YEAS--Senators
Bray Coleman Days Dougherty
Jacob Kennedy Stoll--7
NAYS--Senators
Bartle Bland Callahan Caskey
Cauthorn Champion Childers Clemens
Dolan Foster Gibbons Griesheimer
Gross Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Vogel Wheeler
Yeckel--25
Absent--Senators
Goode Quick--2
Absent with leave--Senators--None

Senator Jacob offered SA 21, which was read:

SENATE AMENDMENT NO. 21

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "James H. Birch"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "James H. Birch"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "James H. Birch"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "James H. Birch"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "James H. Birch"; and further amend line 6 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "James H. Birch"; and further amend lines 8-9 of said page, by striking the word "Missouri State" and inserting in lieu thereof the following: "James H. Birch".

Senator Jacob moved that the above amendment be adopted.

Senator Shields assumed the Chair.

At the request of Senator Jacob, SA 21 was withdrawn.

Senator Bartle assumed the Chair.

Senator Champion offered SA 22:

SENATE AMENDMENT NO. 22

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 3, Section 1, Line 27, by inserting after the word "and" the word "cooperative"; and

Further amend said section, page 4, line 6, by inserting a comma after the word "University" and by striking the words "or with" and inserting in lieu thereof the words "subject to".

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

Senator Kinder moved that SS for SCS for SBs 714 and 761, as amended, be adopted, which motion prevailed.

Senator Kinder moved that SS for SCS for SBs 714 and 761, as amended, be declared perfected and ordered printed.

Senator Jacob requested a roll call vote be taken on the perfection motion made by Senator Kinder and was joined in his request by Senators Callahan, Coleman, Days and Kennedy.

SS for SCS for SBs 714 and 761, as amended, was declared perfected and ordered printed by the following vote:

YEAS--Senators
Bartle Bland Callahan Caskey
Cauthorn Champion Childers Clemens
Coleman Dolan Dougherty Foster
Gibbons Griesheimer Kennedy Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Stoll Vogel Yeckel--27
NAYS--Senators
Bray Days Gross Jacob--4
Absent--Senators
Goode Quick Wheeler--3
Absent with leave--Senators--None

REPORTS OF STANDING COMMITTEES

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred HCR 5, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

COMMUNICATIONS

Senator Gibbons submitted the following:

To Be Included in the Senate Journal for

Tuesday, February 3, 2004

Senator Kinder proposed the following terms for disposition of certain issues during this session of the General Assembly:

1. SS/SCS/SBs 714 & 761 as amended (the "Name Change Bill") to be put to a vote tonight and, if passed by the Senate, perfected tonight.

2. The Name Change Bill, to be referred to the Senate Committee on Rules, Joint Rules, Resolutions and Ethics.

3. A new bill to be filed on February 4, 2004, to include provision for the life sciences bonding issue for the four campuses of the University of Missouri and to include provision for the University of Missouri hotel/convention center land lease (the "Bonding Bill").

4. The Name Change Bill to stay in the Senate Rules Committee until such time as the Bonding Bill is Truly Agreed and Finally Passed by both the Senate and the House, without regard to whether the hotel/convention center provisions remain on the Bonding Bill. Senator Kinder and Senator Gibbons agree not to take action against the hotel/convention center provisions.

5. At such time as the Name Change Bill comes to the Senate Floor for Third Reading, Senator Jacob agrees that he will neither conduct nor participate in any dilatory action on the bill.

Senator Gibbons, Senator Kinder and Senator Jacob agreed to abide by the above terms.

At the request of Senator Gibbons, the above terms of the Agreement shall be placed in the Journal of the Senate.

/s/ Peter Kinder

/s/ Michael R. Gibbons

/s/ Ken Jacob

INTRODUCTIONS OF GUESTS

Senator Mathewson introduced to the Senate, Jane Britton and thirty-five fourth and eighth grade students from Pettis County R-12 School, Sedalia.

Senator Russell introduced to the Senate, sixty high school students and adults representing the Oregon County Youth Summit.

Senator Griesheimer introduced to the Senate, Kathy Valeu and her children, Sullivan; and Kathy Henkle and her children, St. Clair.

Senator Scott introduced to the Senate, Jesse Wedemeyer, Kendra Lake, Jordan Liesemeyer, Katie Allcorn, Ben Young, and students from Applewood Christian School, Sedalia.

Senator Scott introduced to the Senate, Randy Wilson, Colorado Springs, Colorado.

Senator Champion introduced to the Senate, Dennis Coons, Springfield.

Senator Clemens introduced to the Senate, Sarah Horton, and her mother, Jeannie, Mountain Grove.

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

SENATE CALENDAR

______



SIXTEENTH DAY-WEDNESDAY, FEBRUARY 4, 2004

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 716-Childers

SB 787-Childers

SB 844-Yeckel

SB 877-Goode and Days

SB 1101-Steelman, et al

SB 1102-Steelman and Jacob

SB 1103-Steelman

SB 1104-Steelman

SB 1105-Shields

SB 1106-Shields

SB 1107-Shields

SRB 1108-Bartle

SB 1109-Coleman

SB 1111-Klindt

SB 1112-Clemens

SB 1113-Loudon

SB 1114-Loudon

SB 1115-Loudon

SB 1116-Stoll

SB 1117-Stoll

SB 1118-Cauthorn

SB 1119-Cauthorn

SB 1120-Cauthorn

SB 1121-Cauthorn

SB 1124-Goode and Steelman

SB 1125-Goode

SB 1126-Russell

SB 1127-Cauthorn

SB 1130-Scott

SB 1131-Steelman

SB 1132-Steelman, et al

SB 1133-Foster, et al

SB 1134-Foster, et al

SB 1135-Foster, et al

SB 1136-Vogel

SB 1137-Vogel

SB 1138-Bartle

SB 1139-Mathewson

SB 1140-Mathewson

SB 1141-Loudon

SB 1142-Dolan

SB 1143-Dolan

SB 1145-Kennedy

SB 1146-Dougherty and Griesheimer

SB 1147-Dougherty and Bartle

SB 1148-Dougherty, et al

SB 1149-Dougherty

SB 1150-Goode

SB 1152-Steelman

SB 1153-Cauthorn

SB 1154-Cauthorn and Wheeler

SB 1155-Cauthorn

SB 1156-Caskey

SB 1157-Scott

SB 1158-Bray, et al

SB 1159-Foster and Dougherty

SB 1160-Shields, et al

SB 1161-Jacob

SB 1162-Jacob

SB 1163-Jacob

SB 1164-Jacob, et al

SB 1165-Russell

SB 1166-Caskey

SB 1167-Caskey

SB 1168-Jacob

SB 1169-Jacob

SB 1170-Shields

SB 1172-Gibbons, et al

SB 1173-Days, et al

SB 1174-Caskey

SB 1175-Yeckel

SB 1176-Shields

SB 1177-Klindt

SB 1178-Klindt

SB 1179-Steelman

SB 1180-Shields and Kinder

SB 1181-Yeckel

SB 1182-Dolan

SB 1183-Dolan

SB 1184-Griesheimer, et al

SB 1185-Gross

SB 1186-Bland and Days

SB 1187-Wheeler

SB 1188-Loudon

SB 1189-Scott

SB 1190-Caskey

SB 1191-Steelman

SB 1192-Steelman

SB 1193-Steelman

SB 1194-Vogel

SB 1195-Klindt

SB 1196-Klindt

SB 1197-Quick

SB 1198-Russell

SB 1199-Kennedy

SB 1200-Griesheimer

SB 1201-Cauthorn

SB 1202-Gibbons, et al

SJR 43-Klindt

SJR 45-Bartle and Gross

HOUSE BILLS ON SECOND READING



HB 969-Cooper, et al



THIRD READING OF SENATE BILLS



SB 739-Klindt





SENATE BILLS FOR PERFECTION



SB 1000-Bartle

SB 715-Childers and Caskey, with SCS

SB 990-Loudon, with SCS

SB 730-Gross and Champion, with SCS

SBs 1144, 919 & 874-Dolan, et al, with

SCS

INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 732-Gross



CONSENT CALENDAR



Senate Bills



Reported 2/2



SB 758-Griesheimer, with SCS

SB 769-Nodler

SB 782-Caskey, with SCS

SB 789-Childers, with SCS

SBs 942, 850 & 841-Nodler, with SCS

SB 762-Champion, with SCS

SB 955-Scott, with SCS

SB 770-Nodler



SB 1006-Goode, et al, with SCS

SB 767-Clemens, with SCS

SB 932-Loudon

SB 980-Bartle, with SCS

SB 1028-Cauthorn

RESOLUTIONS





Reported from Committee



SR 1118-Steelman and Nodler

SCR 23-Gross

SCR 24-Cauthorn, et al



SCR 25-Stoll, et al

SCR 26-Childers and Russell

HCR 5-Byrd, et al