Journal of the Senate

SECOND REGULAR SESSION


THIRTY-FOURTH DAY--MONDAY, MARCH 8, 2004


The Senate met pursuant to adjournment.

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"Meet the World with the fullness of your being and you shall meet God." (Martin Buber)

Gracious God, we pray this afternoon that we use our whole being in the work we do this week, the recreation we have and the joy of living we embrace, and in this we meet You; and knowing You, You will guide our actions so that we can accomplish Your will for us. 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, March 4, 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 Days offered Senate Resolution No. 1461, regarding the Alpha Kappa Alpha Sorority's 74th Annual Mid-Western Regional Conference, which was adopted.

Senator Loudon offered Senate Resolution No. 1462, regarding Emily R. DeGregorio, St. Louis, which was adopted.

Senator Childers offered Senate Resolution No. 1463, regarding Bible Baptist Church, Cassville, which was adopted.

Senator Scott offered Senate Resolution No. 1464, regarding Jaclyn Rohrs, Bolivar, which was adopted.

Senator Gibbons offered Senate Resolution No. 1465, regarding Lara Bopp, Kirkwood, which was adopted.

Senator Gibbons offered Senate Resolution No. 1466, regarding Andrew Pelikan, Kirkwood, which was adopted.

Senator Bartle offered Senate Resolution No. 1467, regarding Jeffrey Ryan "Jeff" Thomas, Buckner, which was adopted.

Senator Bartle offered Senate Resolution No. 1468, regarding Keith Daniel Rowland, Buckner, which was adopted.

Senator Bartle offered Senate Resolution No. 1469, regarding Jim Bouck, Raytown, which was adopted.

Senator Russell offered Senate Resolution No. 1470, regarding Lacy Morris, Mountain Grove, which was adopted.

Senator Shields offered Senate Resolution No. 1471, regarding Matthew Thomas Tucker, Kansas City, which was adopted.

Senator Shields offered Senate Resolution No. 1472, regarding Justin Michael Short, Kansas City, which was adopted.

Senator Shields offered Senate Resolution No. 1473, regarding Zachary Joseph Eber, Kansas City, which was adopted.

Senator Shields offered Senate Resolution No. 1474, regarding Robert Kenneth Bratney, Kansas City, which was adopted.

Senator Yeckel offered Senate Resolution No. 1475, regarding Katharine "Melody" Federer, St. Louis, which was adopted.

Senator Scott offered Senate Resolution No. 1476, regarding Natalie Scrivner, Stockton, which was adopted.

Senator Scott offered Senate Resolution No. 1477, regarding Tonya Goosen, Cole Camp, which was adopted.

Senator Yeckel offered Senate Resolution No. 1478, regarding Nikki Grass, Ste. Genevieve, which was adopted.

Senator Yeckel offered Senate Resolution No. 1479, regarding Stephanie Silva, St. Peters, which was adopted.

Senator Yeckel offered Senate Resolution No. 1480, regarding Adrienne Geile, Wildwood, which was adopted.

Senator Yeckel offered Senate Resolution No. 1481, regarding Laura Dotson, St. Peters, which was adopted.

Senator Yeckel offered Senate Resolution No. 1482, regarding Jessica Zemann, Fenton, which was adopted.

Senator Yeckel offered Senate Resolution No. 1483, regarding Kimberly Taubel, Washington, which was adopted.

Senator Yeckel offered Senate Resolution No. 1484, regarding Jennifer J. Hesselbein, St. Charles, which was adopted.

Senator Yeckel offered Senate Resolution No. 1485, regarding Allison Rue Gunkel, Valley Park, which was adopted.

Senator Yeckel offered Senate Resolution No. 1486, regarding Stacey Hesselbein, St. Charles, which was adopted.

Senator Yeckel offered Senate Resolution No. 1487, regarding Jessica Patschull, Florissant, which was adopted.

Senator Yeckel offered Senate Resolution No. 1488, regarding Atlee Rose Callahan, Cedar Hill, which was adopted.

Senator Yeckel offered Senate Resolution No. 1489, regarding Kelly Thomure, Florissant, which was adopted.

Senator Yeckel offered Senate Resolution No. 1490, regarding Tameka M. Greene, Black Jack, which was adopted.

Senator Yeckel offered Senate Resolution No. 1491, regarding Krystle Lynn Vineyard, St. Ann, which was adopted.

Senator Yeckel offered Senate Resolution No. 1492, regarding Edward Akrie Bulliner, IV, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1493, regarding Kristin MacKeen, Chesterfield, which was adopted.

Senator Yeckel offered Senate Resolution No. 1494, regarding Bridget Dolan, St. Louis, which was adopted.

Senator Gibbons offered Senate Resolution No. 1495, regarding Bryan G. Young, St. Louis, which was adopted.

Senator Shields offered Senate Resolution No. 1496, regarding Laurie Reichert, Kearney, which was adopted.

Senator Yeckel offered Senate Resolution No. 1497, regarding Jim Gleason, Green Park, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1498, regarding Millicent P. Belt, Macon, which was adopted.

Senator Callahan offered Senate Resolution No. 1499, regarding David M. Millin, Independence, which was adopted.

Senator Steelman offered Senate Resolution No. 1500, regarding Chadwick E. Raw, Linn, which was adopted.

Senator Yeckel offered Senate Resolution No. 1501, regarding Valerie Reichold, Cedar Hill, which was adopted.

Senator Yeckel offered Senate Resolution No. 1502, regarding Leslie Heinicke, Glendale, which was adopted.

Senator Stoll offered Senate Resolution No. 1503, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Nathan Poteet, DeSoto, which was adopted.

Senator Stoll offered Senate Resolution No. 1504, regarding Missouri Emergency Medical Services Day, which was adopted.

Senator Caskey offered Senate Resolution No. 1505, regarding the One Hundredth Birthday of Alta Simatic, Lee's Summit, which was adopted.

Senator Klindt offered Senate Resolution No. 1506, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Rex Stuart, Trenton, which was adopted.

Senator Klindt offered Senate Resolution No. 1507, regarding Ashley Hopkins, Hamilton, which was adopted.

Senator Klindt offered Senate Resolution No. 1508, regarding Rebecca Mowry, Trimble, which was adopted.

Senator Klindt offered Senate Resolution No. 1509, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lester George, Spickard, which was adopted.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 1240, 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 Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following report:

Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SB 1249, 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 report:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 824, 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 Foster, Chairman of the Committee on Education, submitted the following reports:

Mr. President: Your Committee on Education, to which was referred SB 1112, 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 Education, to which was referred SB 1257, 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 Education, to which was referred SB 1133, 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 1230, 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 1188, 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 1074, 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 1181, 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 Scott, Chairman of the Committee on Pensions and General Laws, submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 1250, 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 Pensions and General Laws, to which was referred SB 1084, 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 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 1165, 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 Shields, Chairman of the Committee on Aging, Families, Mental and Public Health, submitted the following reports:

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 1274, 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 Aging, Families, Mental and Public Health, to which was referred SB 1047, 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 Aging, Families, Mental and Public Health, to which was referred SB 1142, 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 Aging, Families, Mental and Public Health, to which was referred SB 1083, 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 Dolan, Chairman of the Committee on Transportation, submitted the following report:

Mr. President: Your Committee on Transportation, to which was referred SB 1262, 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.

On behalf of Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, Senator Gibbons submitted the following reports:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 1299, 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 Small Business, Insurance and Industrial Relations, to which was referred SB 1215, 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 Small Business, Insurance and Industrial Relations, to which was referred SB 1235, 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 Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following reports:

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which were referred SB 1123; SCS for SB 937; and SCS for SB 1040, begs leave to report that it has considered the same and recommends that the bills do pass.

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

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS for SCS for SB 968, 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.

SENATE BILLS FOR PERFECTION

Senator Yeckel moved that SB 718 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Yeckel offered SS for SB 718, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 718

An Act to repeal sections 536.010 and 536.050, RSMo, and to enact in lieu thereof eight new sections relating to small businesses.

Senator Yeckel moved that SS for SB 718 be adopted.

Senator Jacob offered SS for SS for SB 718, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 718

An Act to repeal section 536.010, RSMo, and to enact in lieu thereof five new sections relating to small businesses.

Senator Jacob moved that SS for SS for SB 718 be adopted.

At the request of Senator Yeckel, SB 718, with SS and SS for SS (pending), was placed on the Informal Calendar.

Senator Steelman moved that SB 1020, SB 889 and SB 869, with SCS, SA 2 and SSA 1 for SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 1 for SA 2 was again taken up.

At the request of Senator Steelman, the above substitute amendment was withdrawn.

SA 2 was again taken up.

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

Senator Steelman offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 3, Section 610.010, Line 76, by striking the words "and presented to" and inserting in lieu thereof the following: "for"; and

Further amend said section, Page 4, Line 82, by inserting after the word "years" the following: ". Any document or study prepared for a public governmental body by a consultant or other professional service, as described in this subdivision, shall be retained by the public governmental body in the same manner as any other public record".

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

Senator Steelman offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 10, Section 610.022, Line 35, by inserting after all of said line the following:

"610.023. 1. Each public governmental body is to appoint a custodian who is to be responsible for the maintenance of that body's records. The identity and location of a public governmental body's custodian is to be made available upon request.

2. Each public governmental body shall make available for inspection and copying by the public of that body's public records. No person shall remove original public records from the office of a public governmental body or its custodian without written permission of the designated custodian. No public governmental body shall, after August 28, 1998, grant to any person or entity, whether by contract, license or otherwise, the exclusive right to access and disseminate any public record unless the granting of such right is necessary to facilitate coordination with, or uniformity among, industry regulators having similar authority.

3. Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records of a public governmental body. If a request for records asks for the record in a certain format, the public body shall provide the records in the requested format, if such format is available. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. This period for document production may exceed three days for reasonable cause.

4. If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received."; and

Further amend the title and enacting clause accordingly.

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

Senator Griesheimer offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 11, Section 610.026, Line 8, by striking the word "ten" and inserting in lieu thereof the following: "twenty-five".

Senator Griesheimer moved that the above amendment be adopted.

Senator Gibbons offered SSA 1 for SA 5, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 11, Section 610.026, Line 4, by deleting the opening bracket "[" on said line; and further to delete the closing bracket "]" on line 8; and further, by deleting all of said line 8 following the closing bracket, all of lines 9 and 10, and line 11 through the word "charge".

Senator Gibbons moved that the above substitute amendment be adopted.

At the request of Senator Steelman, SB 1020, SB 889 and SB 869, with SCS, SA 5 and SSA 1 for SA 5 (pending), were placed on the Informal Calendar.

Senator Steelman moved that SB 1020, SB 889 and SB 869, with SCS, SA 5 and SSA 1 for SA 5 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 1 for SA 5 was again taken up.

Senator Gibbons moved that the above substitute amendment be adopted.

Senator Steelman requested a roll call vote be taken on the adoption of SSA 1 for SA 5 and was joined in her request by Senators Coleman, Jacob, Russell and Stoll.

SSA 1 for SA 5 failed of adoption by the following vote:

YEAS--Senators
Bray Childers Days Dougherty
Foster Gibbons Goode Gross
Jacob Kennedy Mathewson Quick
Stoll Vogel Wheeler Yeckel--16
NAYS--Senators
Bartle Callahan Caskey Cauthorn
Champion Clemens Coleman Dolan
Griesheimer Kinder Klindt Loudon
Nodler Russell Scott Shields
Steelman--17
Absent--Senator Bland--1
Absent with leave--Senators--None

SA 5 was again taken up.

Senator Griesheimer offered SSA 2 for SA 5, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2 FOR SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 11, Section 610.026, Line 8, by striking the word "ten" and inserting in lieu thereof the following: "twenty".

Senator Griesheimer moved that the above substitute amendment be adopted.

Senator Goode offered SA 1 to SSA 2 for SA 5, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 2 FOR SENATE AMENDMENT NO. 5

Amend Senate Substitute Amendment No. 2 for Senate Amendment No. 5 to Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 1, Line 2, by inserting after the word "twenty" the following: ", except in any county with a charter form of government where it shall be ten,".

Senator Goode moved that the above amendment be adopted.

At the request of Senator Goode, SA 1 to SSA 2 for SA 5 was withdrawn.

SSA 2 for SA 5 was again taken up.

Senator Griesheimer moved that the above substitute amendment be adopted.

Senator Dolan requested a roll call vote be taken on the adoption of SSA 2 for SA 5 and was joined in his request by Senators Cauthorn, Griesheimer, Gross and Steelman.

SSA 2 for SA 5 failed of adoption by the following vote:

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

Senator Goode offered SSA 3 for SA 5:

SENATE SUBSTITUTE AMENDMENT NO. 3

FOR SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 12, Section 610.027, Line 23, by striking the following: "committed a grossly negligent violation of" and inserting in lieu thereof the following: "knowingly violated"; and further amend said section and page, Line 27, by striking the following: "grossly negligent" and inserting in lieu thereof the following: "knowing"; and

Further amend said bill, Page 17, Section 610.100, Lines 86 and 87 by striking the following: "committed a grossly negligent violation of" and inserting in lieu thereof the following: "knowingly violated"; and further amend said page and section, Line 90, by striking the words "grossly negligent" and inserting in lieu thereof the following: "knowing".

Senator Goode moved that the above substitute amendment be adopted.

At the request of Senator Steelman, SB 1020, SB 889 and SB 869, with SCS, SA 5 and SSA 3 for SA 5 (pending), were placed on the Informal Calendar.

SECOND READING OF SENATE BILLS

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

SB 1289--Economic Development, Tourism and Local Government.

SB 1331--Economic Development, Tourism and Local Government.

SB 1332--Judiciary and Civil and Criminal Jurisprudence.

SB 1335--Ways and Means.

SB 1341--Judiciary and Civil and Criminal Jurisprudence.

SB 1346--Aging, Families, Mental and Public Health.

SB 1356--Judiciary and Civil and Criminal Jurisprudence.

SB 1357--Judiciary and Civil and Criminal Jurisprudence.

SB 1358--Judiciary and Civil and Criminal Jurisprudence.

SB 1366--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1386--Pensions and General Laws.

SB 1387--Education.

SB 1389--Education.

SB 1390--Agriculture, Conservation, Parks and Natural Resources.

SB 1391--Economic Development, Tourism and Local Government.

SB 1392--Aging, Families, Mental and Public Health.

SB 1393--Transportation.

SB 1394--Ways and Means.

SB 1395--Ways and Means.

SB 1396--Aging, Families, Mental and Public Health.

SB 1397--Judiciary and Civil and Criminal Jurisprudence.

SB 1399--Small Business, Insurance and Industrial Relations.

SB 1400--Agriculture, Conservation, Parks and Natural Resources.

SJR 48--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SJR 49--Agriculture, Conservation, Parks and Natural Resources.

SJR 50--Education.

SJR 51--Governmental Accountability and Fiscal Oversight.

HOUSE BILLS ON SECOND READING

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

HCS for HB 1338--Economic Development, Tourism and Local Government.

HB 841--Commerce and the Environment.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 895, entitled:

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

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 923, entitled:

An Act to repeal sections 402.199, 402.200, 402.205, 402.215, and 402.217, RSMo, and to enact in lieu thereof five new sections relating to the Missouri family trust.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 955, entitled:

An Act to repeal sections 324.200, 324.203, 324.205, 324.210, and 324.215, RSMo, and to enact in lieu thereof seven new sections relating to dietitians.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 960, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the Trooper Russell Harper Memorial Highway.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 932, entitled:

An Act to amend chapter 644, RSMo, by adding thereto three new sections relating to water pollution control bonds.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 989, entitled:

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

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1070, entitled:

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to emergency preparedness plans for schools.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1071, entitled:

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

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1107, entitled:

An Act to amend chapter 238, RSMo, by adding thereto one new section relating to property adjacent to certain transportation districts.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1126, entitled:

An Act to repeal section 278.258, RSMo, and to enact in lieu thereof one new section relating to detachment from watershed districts.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

President Pro Tem Kinder assumed the Chair.

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

March 4, 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:

David W. Ansley, Democrat, 2110 E. Woodhaven Place, Springfield, Greene County, Missouri 65804, as a member of the Missouri Southern State University - Joplin Board of Regents, for a term ending August 30, 2009, and until his successor is duly appointed and qualified; vice, Glenn Wilson, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

Dirck Clark, Republican, 14306 Riverview Drive, Savannah, Andrew County, Missouri 64485, as a member of the Missouri Western State College Board of Regents, for a term ending October 29, 2009, and until his successor is duly appointed and qualified; vice, Mary Lynn Watkins, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

Randall J. Davis, 9764 Lee Drive, Hillsboro, Jefferson County, Missouri 63050, as a member of the State Advisory Council on Emergency Medical Services, for a term ending January 5, 2008, and until his successor is duly appointed and qualified; vice, Nathan Williams, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

Michael E. Dunard, Democrat, 2208 Bell Court, Troy, Lincoln County, Missouri 63379, as a member of the Missouri Ethics Commission, for a term ending March 15, 2008, and until his successor is duly appointed and qualified; vice, James E. Spain, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

Mitchel F. Geisler, Democrat, 1216 South Benton, Marshall, Saline County, Missouri 65340, as a member of the State Lottery Commission, for a term ending September 7, 2007, and until his successor is duly appointed and qualified; vice, William James, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

Mary A. Holyoke, 13163 Highway 21, DeSoto, Jefferson County, Missouri 63020, as a member of the Missouri Acupuncturist Advisory Committee, for a term ending December 10, 2007, and until her 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

March 4, 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:

Warren E. Nieburg, Ph.D., Republican, Rural Route 4, Box 4255, Camdenton, Camden County, Missouri 65020, as a member of the Missouri Ethics Commission, for a term ending March 15, 2008, and until his successor is duly appointed and qualified; vice, Sandra Donahue, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

Bob G. Scheid, 1329 W. Swallow Street, Springfield, Greene County, Missouri 65810, as a member of the Missouri Head Injury Advisory Council, for a term ending July 1, 2006, and until his successor is duly appointed and qualified; vice, Billie Sue Graves, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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 L. Simpson, Republican, Route 1, Box 1294, Potosi, Washington County, Missouri 63664, as a member of the Missouri Ethics Commission, for a term ending March 15, 2008, and until his successor is duly appointed and qualified; vice, Philip Conger, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 4, 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:

Regina M. Staves, 13305 Walnut, Kansas City, Jackson County, Missouri 64145, as a member of the Children's Trust Fund Board, for a term ending July 23, 2006, and until her successor is duly appointed and qualified; vice, Naim B. Gray, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

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

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HCS for HBs 950 and 948, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

Senator Shields assumed the Chair.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 1510, regarding Robert William "Bobby" Springkamper, III, High Ridge, which was adopted.

Senator Stoll offered Senate Resolution No. 1511, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. James English, Barnhart, which was adopted.

COMMUNICATIONS

Senator Kinder submitted the following:

March 4, 2004

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Joint Committee on Gaming and Wagering

Dear Terry:

Pursuant to Section 313.001, RSMo 2002, I am appointing Senator Harry Kennedy to the Joint Committee on Gaming and Wagering.

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter D. Kinder

PETER D. KINDER

President Pro-Tem

INTRODUCTIONS OF GUESTS

Senator Bartle introduced to the Senate, Theresa Shelley and her daughter Stephanie, Blue Springs; and Stephanie was made an honorary page.

Senator Caskey introduced to the Senate, Michaela Cooper, Blue Springs; and Michaela was

made an honorary page.

Senator Scott introduced to the Senate, his son Timothy Scott, Eldorado Springs; and Jody Freeman, Overland Park, Kansas.

Senator Nodler introduced to the Senate, James Link and twenty students from Ozark Bible Institute, Neosho.

Senator Stoll introduced to the Senate, Stephanie Kitchell and the Jefferson College Student Senate: Rachel Mailhot, Monica McDaniel, Joyce McDaniel, Brain Skubic and Beth Walsh.

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

SENATE CALENDAR

______



THIRTY-FIFTH DAY-TUESDAY, MARCH 9, 2004

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 1398-Jacob and Kinder



HOUSE BILLS ON SECOND READING



HCS for HB 895

HB 923-Holand and Fraser

HCS for HB 955

HB 960-Roark

HB 932-Bivins and Villa

HB 989-Barnitz and Kuessner

HB 1070-Miller, et al

HB 1071-Goodman

HB 1107-Crawford, et al

HB 1126-Seigfreid, et al

THIRD READING OF SENATE BILLS



SCS for SB 937-Gross

SCS for SB 754-Vogel

SCS for SB 1040-Griesheimer

SB 1123-Gibbons, et al

SCS for SB 1160-Shields, et al

SS for SCS for SB 968-Shields

SENATE BILLS FOR PERFECTION



SB 1180-Shields and Kinder, with SCS

SBs 1027 & 896-Cauthorn, et al, with SCS

SB 988-Steelman, with SCS

SBs 1069, 1068, 1025, 1005 & 1089-Gross

and Griesheimer, with SCS

SB 809-Klindt, with SCS

SB 1232-Clemens, et al, with SCS



SB 1081-Kinder, et al, with SCS

SB 1141-Loudon, with SCS

SB 960-Gibbons, with SCS

SBs 1233, 840 & 1043-Dolan, with SCS

SB 710-Goode and Bray, with SCS

SB 1220-Caskey, with SCS

SBs 738 & 790-Loudon, with SCS

HOUSE BILLS ON THIRD READING



HCS for HB 1182, with SCS (Klindt)





INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 715-Childers and Caskey, with SCS, SS

for SCS & SA 24 (pending)

SB 718-Yeckel, et al, with SS & SS for SS (pending)

SB 755-Shields, with SCS

SB 856-Loudon, with SCS

SB 933-Yeckel, et al

SB 989-Gross, et al, with SCS (pending)

SB 990-Loudon, with SCS

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

SCS, SA 5 & SSA 3 for SA 5 (pending)

SB 1122-Shields, with SCS & SS for SCS (pending)

SB 1138-Bartle



CONSENT CALENDAR



Senate Bills



Reported 2/9



SB 741-Klindt

SB 1093-Gibbons and Yeckel, with SCS

SB 799-Steelman, with SCS



Reported 2/23



SB 1229-Caskey

SB 1218-Quick, with SCS

SB 1162-Jacob

SB 1048-Nodler, et al

SB 1044-Shields, with SCS

SB 1172-Gibbons, et al, with SCS

SB 1007-Goode, et al

SB 962-Clemens, with SCS

SB 992-Cauthorn, with SCS

SB 1177-Klindt, with SCS

SB 900-Goode, with SCA 1

SB 945-Gibbons, with SCS

SB 1087-Days, et al

SB 1086-Cauthorn

SB 1078-Loudon, with SCS

SB 883-Klindt

SB 966-Shields

SB 757-Shields, with SCS

SB 771-Bray, with SCS

SB 772-Bray and Griesheimer

SB 788-Childers, with SCS

SB 845-Yeckel, with SCS

SB 894-Goode

SB 899-Goode

SB 956-Scott, with SCS

SB 1225-Dougherty, et al, with SCS

SB 1114-Loudon

Reported 3/1



SB 762-Champion, with SCS#2

SB 1212-Wheeler and Russell, with SCS

SB 1243-Wheeler

SB 1253-Mathewson, et al, with SCS

SBs 1085 & 800-Foster, et al, with SCS

SB 884-Klindt

SB 768-Nodler

SB 1111-Klindt

SB 1064-Scott and Clemens

SB 974-Dougherty, with SCS

SB 1130-Scott

SB 1055-Bartle and Wheeler Reported 3/8



SB 1240-Griesheimer, with SCS

SB 1249-Champion

SB 824-Griesheimer

SB 1112-Clemens

SB 1257-Days and Foster

SB 1133-Foster, et al

SB 1230-Clemens and Griesheimer

SB 1188-Loudon, with SCS

SB 1074-Coleman, with SCS

SB 1181-Yeckel, with SCS

SB 1250-Scott, with SCS

SB 1084-Foster, with SCS

SB 1165-Russell

SB 1274-Shields

SB 1047-Kennedy

SB 1142-Dolan, with SCS

SB 1083-Kennedy and Dougherty

SB 1262-Dolan, with SCS

SB 1299-Loudon

SB 1215-Griesheimer, with SCS

SB 1235-Loudon, with SCS

RESOLUTIONS



Reported from Committee



SCR 36-Gibbons and Dougherty, with SCS

SCR 37-Shields and Bartle



SCR 41-Klindt, with SCS