Journal of the Senate

SECOND REGULAR SESSION


EIGHTEENTH DAY--MONDAY, FEBRUARY 9, 2004


The Senate met pursuant to adjournment.

Senator Gross in the Chair.

Reverend Carl Gauck offered the following prayer:

"... I will bless you and make your name great, so that you will be a blessing." (Genesis 12:2)

Gracious God, as we begin a new week we do ask Your blessings on us so that we might do what is required of us and benefit to those we serve. And we pray for our doorman, Fred Fisher, as he undergoes surgery. Guide the hands of the surgeons and touch him with Your healing power. 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 for Thursday, February 5, 2004, was read and approved.

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 Yeckel offered Senate Resolution No. 1276, regarding the Church of Scientology of Missouri, St. Louis, which was adopted.

Senator Dougherty offered Senate Resolution No. 1277, regarding the One Hundred Second Birthday of Maggie Sawyer, St. Louis, which was adopted.

Senator Gross offered Senate Resolution No. 1278, regarding Mike Kelly, St. Peters, which was adopted.

Senator Gross offered Senate Resolution No. 1279, regarding the Fifty-second Wedding Anniversary of Mr. and Mrs. Ray "Goose" Gilliam, St. Charles, which was adopted.

Senator Steelman offered Senate Resolution No. 1280, regarding the One Hundred Third Birthday of Goldie Foster, Owensville, which was adopted.

Senator Steelman offered Senate Resolution No. 1281, regarding Corrections Officer II Earl E. Wieprecht, St. Robert, which was adopted.

Senator Steelman offered Senate Resolution No. 1282, regarding Andrew D. Harrison, Rolla, which was adopted.

CONCURRENT RESOLUTIONS

Senator Stoll moved that SCR 25 be taken up for adoption, which motion prevailed.

On motion of Senator Stoll, SCR 25 was adopted by the following vote:

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

Senator Childers moved that SCR 26 be taken up for 3rd reading and final passage, which motion prevailed.

Senator Childers offered SS for SCR 26, entitled:

SENATE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION NO. 26

Relating to the Forestry Utilization Committee.

WHEREAS, the forestry industry is a vital industry to Missouri, representing over fourteen million acres of Missouri timberland, which ranks our state seventh out of the twenty northeastern timber states, supports the bulk of Missouri recreation and tourism, directly provides thousands of jobs and supports tens of thousands of jobs where forest land and products are a vital component, directly generates three billion dollars of revenue, and indirectly supports the generation of many more billions of dollars in revenue; and

WHEREAS, the General Assembly wishes to maintain and enhance the positive economic contribution of this industry while making every attempt to minimize environmental harm and other negative aspects of the industry; and

WHEREAS, the industries' current practice of harvesting sixty percent of the tree, and its predominant production of low value-added products, limits the potential economic contribution to industry participants and to the state; and

WHEREAS, there exists a need for a study of the potential for increased industrial strength and rural economic gains to be realized by forestry adopting modern industrial business models and value-added techniques:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby authorize the creation of a "Forestry Utilization Committee", which shall review and evaluate both the industrial and economic impact of forestry utilization and make recommendations on further action or legislative remedies, if any, to be taken as necessary; and

BE IT FURTHER RESOLVED that such committee shall be composed of twenty-three members, one member to be a member of the Missouri Senate to be appointed by the President Pro Tem of the Senate, one member to be a member of the Missouri House of Representatives to be appointed by the Speaker of the House, two county commissioners appointed by the Missouri Association of Counties, two forest landowners representing small forestry holdings with owners of less than two hundred acres of timber and two representatives of large forestry holdings with greater than two hundred acres of timber, both to be appointed by the Missouri Farm Bureau, a representative from the Resource Conservation and Development Councils, a representative from the Missouri Department of Natural Resources' Energy Center, a representative from the Missouri Enterprise Business Assistance Center, a representative of the United States Department of Agriculture Forest Service's North Central Forest Experimental Station, a representative of the University of Missouri's School of Natural Resources, a representative of the Society of American Foresters, a representative from the Missouri Department of Conservation's Division of Forestry, a representative of the Missouri Forest Products Association, a representative of the Missouri Department of Agriculture's Business Development Division, two representatives of a large-volume active sawmill and two representatives of a small-volume active sawmill appointed by the Missouri Forest Products Association, a representative of the School of Agricultural Sciences at Southwest Missouri State University and a representative of the Department of Agriculture, School of Polytechnic Studies at Southeast Missouri State University. Each member of the committee shall serve until December 31, 2005. A chairman, vice-chairman, and secretary shall be elected by the membership of the committee to conduct the business of the committee; and

BE IT FURTHER RESOLVED that the committee may conduct its business by various means but shall meet no less than twice each year as a full committee; and

BE IT FURTHER RESOLVED that all state agencies shall cooperate with the committee in carrying out its duties, including allowing access to closed records, provided that the committee shall not disclose any identifying information contained in such records closed pursuant to statute or general order, and any such information in the custody of the committee shall not be discoverable to the same extent as when in the custody of the parent agency; and

BE IT FURTHER RESOLVED that all members shall serve without compensation; and

BE IT FURTHER RESOLVED that the Office of Administration shall provide minimal funding, administrative support, and staff for the effective operation of the committee; and

BE IT FURTHER RESOLVED that the committee shall study problems and solutions, collect information, and provide recommendations in a report to the General Assembly before July 30, 2005; and

BE IT FURTHER RESOLVED that the committee shall submit its final report to the General Assembly no later than December 31, 2005; and

BE IT FURTHER RESOLVED that the Forestry Utilization Committee shall terminate December 31, 2005; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Governor for his approval or rejection pursuant to the Missouri Constitution.

Senator Childers moved that SS for SCR 26 be adopted, which motion prevailed.

Senator Nodler assumed the Chair.

On motion of Senator Childers, SS for SCR 26 was read the 3rd time and passed by the following vote:

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

The President declared the concurrent resolution passed.

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

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

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

Senator Gross assumed the Chair.

Senator Kinder moved that SCR 33 be taken up for adoption, which motion prevailed.

On motion of Senator Kinder, SCR 33 was adopted by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Coleman Days Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senator Clemens--1

INTRODUCTION OF BILLS

The following Bill was read the 1st time and ordered printed:

SB 1236-By Kennedy, Steelman and Wheeler.

An Act to amend chapter 334, RSMo, by adding thereto nine new sections relating to the medical imaging and radiation therapy quality assurance act, with penalty provisions.

REPORTS OF STANDING COMMITTEES

Senator Childers, Chairman of the Committee on Economic Development, Tourism and Local Government, submitted the following reports:

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 951, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 952, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 1012, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 1062, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 1075, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Agricul-ture, Conservation, Parks and Natural Resources, to which was referred SB 886, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agricul-ture, Conservation, Parks and Natural Resources, to which was referred SB 808, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agricul-ture, Conservation, Parks and Natural Resources, to which was referred SB 741, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Cauthorn, Chairman of the Committee on Government Accountability and Fiscal Oversight, submitted the following report:

Mr. President: Your Committee on Government Accountability and Fiscal Oversight, to which was referred SB 1100, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Education, to which was referred SB 1052, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Juris-prudence, submitted the following reports:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 703, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 781, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 827, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 803, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator 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 SB 1093, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 783, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 837, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 859, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 799, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Steelman, Chairman of the Committee on Commerce and the Environment, submitted the following report:

Mr. President: Your Committee on Commerce and the Environment, to which was referred SB 878, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS for SB 1000, 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.

THIRD READING OF SENATE BILLS

SB 739, introduced by Senator Klindt, entitled:

An Act to amend chapter 640, RSMo, by adding thereto four new sections relating to environmental regulation.

Was taken up.

On motion of Senator Klindt, SB 739 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 758, with SCS, introduced by Senator Griesheimer, entitled:

An Act to repeal section 67.1360, RSMo, and to enact in lieu thereof one new section relating to tourism taxes.

Was called from the Consent Calendar and taken up.

SCS for SB 758, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 758

An Act to repeal section 67.1360, RSMo, and to enact in lieu thereof one new section relating to tourism taxes.

Was taken up.

Senator Griesheimer moved that SCS for SB 758 be adopted, which motion prevailed.

On motion of Senator Griesheimer, SCS for SB 758 was read the 3rd time and passed by the following vote:

YEAS--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 Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 769, introduced by Senator Nodler, entitled:

An Act to repeal section 233.295, RSMo, and to enact in lieu thereof one new section relating to dissolution of road districts in certain counties.

Was called from the Consent Calendar and taken up.

On motion of Senator Nodler, SB 769 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland 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
Stoll Vogel Wheeler--31
NAYS--Senators--None
Absent--Senators
Coleman Quick Yeckel--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 782, with SCS, introduced by Senator Caskey, entitled:

An Act to amend chapter 54, RSMo, by adding thereto one new section relating to county treasurers.

Was called from the Consent Calendar and taken up.

SCS for SB 782, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 782

An Act to repeal sections 54.150, 54.170, and 54.261, RSMo, and to enact in lieu thereof four new sections relating to county treasurers.

Was taken up.

Senator Caskey moved that SCS for SB 782 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 782 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland 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
Stoll Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senators
Coleman Quick--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 789, with SCS, introduced by Senator Childers, entitled:

An Act to repeal sections 48.020 and 48.030, RSMo, and to enact in lieu thereof two new sections relating to county classification.

Was called from the Consent Calendar and taken up.

SCS for SB 789, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 789

An Act to repeal sections 48.020 and 48.030, RSMo, and to enact in lieu thereof two new sections relating to county classification, with an emergency clause.

Was taken up.

Senator Childers moved that SCS for SB 789 be adopted, which motion prevailed.

On motion of Senator Childers, SCS for SB 789 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland 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
Stoll Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senators
Coleman Quick--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 942, introduced by Senator Nodler, SB 850, introduced by Senator Steelman and SB 841, introduced by Senator Childers, with SCS, entitled respectively:

An Act to authorize the governor to convey a tract of land owned by the state to the city of Neosho.

An Act to authorize the governor to convey a tract of land owned by the state to the city of Salem.

An Act to authorize the governor to convey a tract of land owned by the state to Pierce City, with an emergency clause.

Were called from the Consent Calendar and taken up by Senator Nodler.

SCS for SBs 942, 850 and 841, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 942, 850 and 841

An Act to authorize the governor to convey certain tracts of state property, with an emergency clause for certain sections.

Was taken up.

Senator Nodler moved that SCS for SBs 942, 850 and 841 be adopted, which motion prevailed.

On motion of Senator Nodler, SCS for SBs 942, 850 and 841 was read the 3rd time and passed by the following vote:

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


The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

SB 770, introduced by Senator Nodler, entitled:

An Act to repeal section 227.340, RSMo, and to enact in lieu thereof one new section relating to the George Washington Carver Memorial Highway.

Was called from the Consent Calendar and taken up.

On motion of Senator Nodler, SB 770 was read the 3rd time and passed by the following vote:

YEAS--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 Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Stoll--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1006, with SCS, introduced by Senator Goode, et al, entitled:

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

Was called from the Consent Calendar and taken up by Senator Goode.

SCS for SB 1006, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1006

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

Was taken up.

Senator Goode moved that SCS for SB 1006 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for SB 1006 was read the 3rd time and passed by the following vote:

YEAS--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
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

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.

SB 767, with SCS, introduced by Senator Clemens, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Edward P. Hubble Memorial highway.

Was called from the Consent Calendar and taken up.

SCS for SB 767, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 767

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Edwin P. Hubble Memorial highway.

Was taken up.

Senator Clemens moved that SCS for SB 767 be adopted, which motion prevailed.

On motion of Senator Clemens, SCS for SB 767 was read the 3rd time and passed by the following vote:

YEAS--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
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 932, introduced by Senator Loudon, entitled:

An Act to repeal section 288.060, RSMo, and to enact in lieu thereof one new section relating to employment.

Was called from the Consent Calendar and taken up.

On motion of Senator Loudon, SB 932 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 980, with SCS, introduced by Senator Bartle, entitled:

An Act to repeal sections 21.770, 27.080, 28.163, 30.245, 30.900, 31.010, 32.051, 32.380, 33.563, 33.571, 37.090, 42.160, 58.755, 72.424, 82.460, 94.580, 103.081, 105.268, 115.177, 128.345, 128.346, 128.350, 128.352, 128.354, 128.356, 128.358, 128.360, 128.362, 128.364, 128.366, 135.095, 137.423, 140.015, 143.072, 143.107, 143.122, 143.1010, 143.1011, 143.1012, 144.030, 144.036, 144.041, 152.032, 160.300, 160.302, 160.304, 160.306, 160.308, 160.310, 160.312, 160.314, 160.316, 160.318, 160.320, 160.322, 160.324, 160.326, 160.328, 160.550, 161.205, 161.655, 163.025, 169.710, 171.033, 173.120, 173.700, 173.705, 173.708, 173.710, 173.715, 173.718, 173.721, 178.630, 191.938, 192.255, 197.318, 198.014, 198.540, 201.090, 205.380, 205.390, 205.400, 205.410, 205.420, 205.430, 205.440, 205.450, 208.177, 208.307, 210.879, 210.930, 215.050, 253.022, 253.230, 260.273, 261.035, 277.200, 277.201, 277.202, 277.206, 277.209, 277.212, 277.215, 292.260, 292.270, 292.280, 292.290, 292.500, 292.560, 292.570, 313.300, 313.301, 319.022, 319.023, 351.025, 354.065, 376.530, 376.550, 391.010, 391.020, 391.030, 391.040, 391.050, 391.060, 391.070, 391.080, 391.090, 391.100, 391.110, 391.120, 391.130, 391.140, 391.150, 391.160, 391.170, 391.180, 391.190, 391.230, 391.240, 391.250, 391.260, 400.9-629, 415.430, 417.066, 442.050, 516.060, 516.065, 537.040, 590.145, 600.094, 620.528, 620.1310, 632.484, and 644.102, RSMo, and to enact in lieu thereof thirteen new sections for the sole purpose of repealing certain expired, sunset, terminated, and ineffective statutory provisions as identified by the joint committee on legislative research pursuant to section 23.205, RSMo.

Was called from the Consent Calendar and taken up.

SCS for SB 980, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 980

An Act to repeal sections 21.770, 28.085, 28.163, 30.900, 31.010, 32.051, 32.380, 33.571, 37.090, 42.160, 58.755, 72.424, 82.460, 94.580, 103.081, 105.268, 115.177, 128.345, 128.346, 128.350, 128.352, 128.354, 128.356, 128.358, 128.360, 128.362, 128.364, 128.366, 135.095, 137.423, 140.015, 143.107, 143.122, 143.1010, 143.1011, 143.1012, 144.030, 144.036, 144.041, 152.032, 160.300, 160.302, 160.304, 160.306, 160.308, 160.310, 160.312, 160.314, 160.316, 160.318, 160.320, 160.322, 160.324, 160.326, 160.328, 160.550, 161.205, 161.655, 163.025, 169.710, 171.033, 173.710, 173.715, 173.718, 173.721, 178.630, 191.938, 192.255, 197.305, 197.312, 197.314, 197.317, 197.318, 197.345, 197.355, 197.366, 198.014, 198.540, 205.380, 205.390, 205.400, 205.410, 205.420, 205.430, 205.440, 205.450, 208.177, 208.307, 210.879, 210.930, 215.050, 253.022, 253.230, 277.200, 277.201, 277.202, 277.206, 277.209, 277.212, 277.215, 292.260, 292.270, 292.280, 292.290, 292.500, 313.300, 313.301, 319.022, 351.025, 354.065, 376.530, 376.550, 388.650, 391.010, 391.020, 391.030, 391.040, 391.050, 391.060, 391.070, 391.080, 391.090, 391.100, 391.110, 391.120, 391.130, 391.140, 391.150, 391.160, 391.170, 391.180, 391.190, 391.230, 391.240, 391.250, 391.260, 400.9-629, 415.430, 417.066, 442.050, 516.060, 516.065, 537.040, 600.094, 620.528, 620.1310, 632.484, and 644.102, RSMo, and to enact in lieu thereof fifteen new sections for the sole purpose of repealing certain expired, sunset, terminated, and ineffective statutory provisions as identified by the joint committee on legislative research pursuant to section 23.205, RSMo.

Was taken up.

Senator Bartle moved that SCS for SB 980 be adopted.

At the request of Senator Bartle, the above motion was withdrawn, which placed the bill back on the Consent Calendar.

SB 1028, introduced by Senator Cauthorn, entitled:

An Act to repeal sections 34.010, 34.031, 34.032, 34.040, 34.065, and 34.130, RSMo, and to enact in lieu thereof four new sections relating to state purchasing.

Was called from the Consent Calendar and taken up.

On motion of Senator Cauthorn, SB 1028 was read the 3rd time and passed by the following vote:

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

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.

REPORTS OF STANDING COMMITTEES

Senator Vogel, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred SB 754, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

REFERRALS

President Pro Tem Kinder referred SS for SB 1000 to the Committee on Governmental Accountability and Fiscal Oversight.

SECOND READING OF SENATE BILLS

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

SB 716--Commerce and the Environment.

SB 1105--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1114--Economic Development, Tourism and Local Government.

SB 1119--Aging, Families, Mental and Public Health.

SB 1121--Economic Development, Tourism and Local Government.

SB 1134--Education.

SB 1137--Economic Development, Tourism and Local Government.

SB 1139--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1142--Aging, Families, Mental and Public Health.

SB 1161--Economic Development, Tourism and Local Government.

SB 1162--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1163--Economic Development, Tourism and Local Government.

SB 1168--Aging, Families, Mental and Public Health.

SB 1169--Judiciary and Civil and Criminal Jurisprudence.

SB 1170--Judiciary and Civil and Criminal Jurisprudence.

SB 1174--Pensions and General Laws.

SB 1179--Small Business, Insurance and Industrial Relations.

SB 1181--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1189--Pensions and General Laws.

SB 1192--Judiciary and Civil and Criminal Jurisprudence.

SB 1194--Commerce and the Environment.

SB 1196--Commerce and the Environment.

SB 1199--Pensions and General Laws.

SB 1200--Transportation.

SB 1203--Ways and Means.

SB 1204--Small Business, Insurance and Industrial Relations.

SB 1206--Aging, Families, Mental and Public Health.

SB 1207--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1209--Ways and Means.

SB 1210--Judiciary and Civil and Criminal Jurisprudence.

SB 1211--Judiciary and Civil and Criminal Jurisprudence.

SB 1212--Economic Development, Tourism and Local Government.

SB 1213--Ways and Means.

SB 1214--Commerce and the Environment.

SB 1215--Small Business, Insurance and Industrial Relations.

SB 1216--Pensions and General Laws.

SB 1217--Education.

SB 1219--Transportation.

SB 1220--Economic Development, Tourism and Local Government.

SB 1223--Aging, Families, Mental and Public Health.

SB 1224--Aging, Families, Mental and Public Health.

SB 1225--Economic Development, Tourism and Local Government.

SB 1226--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1227--Appropriations.

SB 1228--Judiciary and Civil and Criminal Jurisprudence.

SB 1229--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1230--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1231--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1233--Transportation.

SB 1235--Small Business, Insurance and Industrial Relations.



HOUSE BILLS ON SECOND READING

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

HB 969--Ways and Means.

HCS for HBs 950 and 948--Economic Development, Tourism and Local Government.

HCS for HB 1182--Agriculture, Conser-vation, Parks and Natural Resources.

HCS for HB 1177--Agriculture, Conser-vation, Parks and Natural Resources.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Bruce E. Davis, Republican, 3509 Bray, Columbia, Boone County, Missouri 65203, as a member of the State Tax Commission, for a term ending January 23, 2010, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Charles C. Hill, Jr., 924 East Linwood Drive, Springfield, Greene County, Missouri 65807, as a member of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects, for a term ending August 23, 2007, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Jean Howard, Democrat, 901 S. Main, Auxvasse, Callaway County, Missouri 65231, as a member of the State Committee of Dietitians, for a term ending June 11, 2007, and until her successor is duly appointed and qualified; vice, Mary McDonald, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Robert F. Lawrence, 264 County Highway 469, Steele, Pemiscot County, Missouri 63877, as a member of the Well Installation Board, for a term ending February 24, 2008, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

John M. Parker, Republican, 2024 Honeysuckle Lane, Jefferson City, Cole County, Missouri 65109, as a member of the Lincoln University Board of Curators, for a term ending January 1, 2010, and until his successor is duly appointed and qualified; vice, Larry V. Schepers, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

James B. Wilson, 4545 East 53rd Street, Kansas City, Jackson County, Missouri 64130, as a member of the Board of Police Commissioners for Kansas City, for a term ending March 7, 2007, and until his successor is duly appointed and qualified; vice, Rudolph Rhodes III, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Tina R. Wood, 725 Kathy Lane, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Head Injury Advisory Council, for a term ending May 27, 2005, and until her successor is duly appointed and qualified; vice, Bradley Freeman, resigned.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Linda Taylor Allen, Ph.D., 3902 Cromwell Court, Columbia, Boone County, Missouri 65203, as a member of the Missouri Planning Council on Developmental Disabilities, for a term ending June 30, 2006, and until her successor is duly appointed and qualified; vice, Linda Taylor Allen, Ph.D., withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Walter Foster, Jr., 21513 Highway 17, Waynesville, Pulaski County, Missouri 65883, as a member of the Corrections Officer Certification Commission, for a term ending October 30, 2005, and until his successor is duly appointed and qualified; vice, Walter Foster, Jr., withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Sheldon Lee Lineback, 337 Hutton Lane, Jefferson City, Cole County, Missouri 65101, as a member of the Amber Alert System Oversight Commission, for a term ending October 20, 2006, and until his successor is duly appointed and qualified; vice, Sheldon Lee Lineback, withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor





Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Stacy A. Mangum, 304 SE Shamrock Lane, Blue Springs, Jackson County, Missouri 64014, as a member of the Drug Utilization Review Board, for a term ending October 15, 2003, and until his successor is duly appointed and qualified; vice, Stacy A. Mangum, withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Stacy A. Mangum, 304 SE Shamrock Lane, Blue Springs, Jackson County, Missouri 64014, as a member of the Drug Utilization Review Board, for a term ending October 15, 2007, and until his successor is duly appointed and qualified; vice, Stacy A. Mangum, withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Terry D. Milam, 805 Chateau Valley Court, Ferguson, St. Louis County, Missouri 63135, as a member of the Amber Alert System Oversight Commission, for a term ending October 20, 2006, and until his successor is duly appointed and qualified; vice, Terry D. Milam, withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Judith D. Riehl, 3248 Patterson Place Drive #307, St. Louis, St. Louis County, Missouri 63129, as a member of the Advisory Committee on Lead Poisoning, for a term ending April 15, 2005, and until her successor is duly appointed and qualified; vice, Judith D. Riehl, withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Suzanne Wells, R.N., 534 Sheffield, Webster Groves, St. Louis County, Missouri 63119, as a member of the Missouri Genetic Disease Advisory Committee, for a term ending April 9, 2006, and until her successor is duly appointed and qualified; vice, Suzanne Wells, R.N., withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor



President Pro Tem Kinder referred the above appointments to the Committee on Gubernatorial Appointments.

RESOLUTIONS

Senator Coleman offered Senate Resolution No. 1283, regarding Kyna Iman, St. Louis, which was adopted.

Senator Mathewson offered Senate Resolution No. 1284, regarding the Eightieth Birthday of Orville "Bud" Lee Stout, Sedalia, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Yeckel introduced to the Senate, Jennifer Ahrens, Amy Koehler, Jessica Hallermann, Allison Kreutzjans, Erica Wheeler and students from Cor Jesu Academy, St. Louis County; and Amy, Jessica, Allison and Erica were made honorary pages.

Senator Coleman introduced to the Senate, Korey Schenewerk, Jefferson City.

On behalf of Senator Gross, the President introduced to the Senate, Mary Harrison, Barbara Broadfoot, Marianne Thiel, and Sister Mary Unterreiner, St. Charles; and Betty Teakhashi, O'Fallon.

Senator Kinder introduced to the Senate, Rachelle Rowe, St. Louis.

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

______



NINETEENTH DAY-TUESDAY, FEBRUARY 10, 2004

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 787-Childers

SB 877-Goode and Days

SB 1156-Caskey

SB 1157-Scott

SB 1182-Dolan

SB 1183-Dolan

SB 1185-Gross

SB 1187-Wheeler

SB 1190-Caskey

SB 1202-Gibbons, et al

SB 1205-Cauthorn



SB 1208-Stoll

SB 1218-Quick

SB 1222-Dougherty, et al

SB 1232-Clemens, et al

SB 1234-Mathewson and Childers

SB 1236-Kennedy, et al

SJR 43-Klindt

THIRD READING OF SENATE BILLS



SS for SB 1000-Bartle

(In Fiscal Oversight)



SENATE BILLS FOR PERFECTION



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

SBs 1020, 889 & 869-Steelman, et al,

with SCS

SB 718-Yeckel, et al

SB 1080-Nodler, et al

SB 1099-Gibbons, et al, with SCS

SJR 44-Dolan, with SCS



INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 732-Gross



CONSENT CALENDAR



Senate Bills



Reported 2/2



SB 980-Bartle, with SCS

Reported 2/9



SB 951-Griesheimer

SB 952-Wheeler, with SCS

SB 1012-Caskey

SB 1062-Griesheimer, with SCS

SB 1075-Coleman, with SCS

SB 886-Cauthorn and Klindt

SB 808-Klindt

SB 741-Klindt

SB 1100-Gibbons and Gross, with SCS

SB 1052-Jacob

SB 703-Caskey

SB 781-Caskey



SB 827-Bartle, with SCS

SB 803-Gross

SB 1093-Gibbons and Yeckel, with SCS

SB 783-Mathewson

SB 837-Caskey, with SCS

SB 859-Klindt, with SCS

SB 799-Steelman, with SCS

SB 878-Goode, et al, with SCS

SB 754-Vogel, with SCS