Journal of the Senate

SECOND REGULAR SESSION


FIFTY-THIRD DAY--THURSDAY, APRIL 15, 2004


The Senate met pursuant to adjournment.

President Pro Tem Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"The Lord is just in all his ways and kind in all his doings. The Lord is near to all who call on him, to all who call on him in truth." (Psalm 145:17-18)

Almighty Father, as we work through the bills before us, help us to have that sense of justice and kindness that seeks to do what is right for Your people. And we pray for Kim Green that You will touch him with Your healing power, restore his health and strengthen him for the task ahead. As we return home to loved ones this day, may we find time with them to call upon You seeking always to honor You and speak the truth in all ways. 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 KSPR-Springfield 33, KOMU-TV and North Star Magazine, St. Louis 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 Coleman offered Senate Resolution No. 1752, regarding Andrew L. Tramble, St. Louis, which was adopted.

Senator Klindt offered Senate Resolution No. 1753, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Charles Moses, Burlington Junction, which was adopted.

Senator Klindt offered Senate Resolution No. 1754, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Morris, Hickory, which was adopted.

Senator Klindt offered Senate Resolution No. 1755, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Dwayne Tarpening, Marceline, which was adopted.

Senator Dolan offered Senate Resolution No. 1756, regarding Christopher Alan Teepe, O'Fallon, 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 1034, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1366, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 1196, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 1096, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Agri-culture, Conservation, Parks and Natural Resources, to which was referred SB 735, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Agri-culture, Conservation, Parks and Natural Resources, to which was referred SB 1153, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 1185, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Childers assumed the Chair.

Senator Dolan, Chairman of the Committee on Transportation, submitted the following reports:

Mr. President: Your Committee on Transportation, to which was referred HB 1317, 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 Transportation, to which was referred HCS for HB 1405, 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 Transportation, to which was referred HB 1114, 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 Transportation, to which was referred HB 1167, 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 Transportation, to which was referred HCS for HB 1284, 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 Transportation, to which was referred HCS for HB 912, 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 Transportation, to which was referred HCS for HB 1449, 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 Transportation, to which was referred HB 1149, 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 Transportation, to which was referred HB 1442, 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 Transportation, to which was referred HB 960, 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 Transportation, to which were referred HB 1029, HB 1438 and HB 1610, 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 Transportation, to which were referred HB 826 and HCS for HB 883, 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 Transportation, to which were referred HB 996, HB 1142, HCS for HB 1201 and HB 1489, 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 Transportation, to which were referred HCS for HB 928, HCS for HB 1123 and HCS for HB 1280, 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 Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following reports:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred HCS for HB 1179, 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 HCS for HBs 1631 and 1623, 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 HCS for HB 798, 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 the Judiciary and Civil and Criminal Jurisprudence, to which was referred HB 1364, 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 the Judiciary and Civil and Criminal Jurisprudence, to which was referred HB 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 the Judiciary and Civil and Criminal Jurisprudence, to which was referred HB 904, 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 HB 1427, 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 HB 994, 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 Klindt, Chairman of the Committee on Agriculture, Conservation, Parks and Natural Resources, submitted the following reports:

Mr. President: Your Committee on Agri-culture, Conservation, Parks and Natural Resources, to which was referred HB 869, 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 Agri-culture, Conservation, Parks and Natural Resources, to which was referred HCS for HB 1192, 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 assumed the Chair.

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

Mr. President: Your Committee on Education, to which was referred HB 1048, 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 Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 46, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 47, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred HCR 10, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred HCR 12, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Bob G. Scheid, as a member of the Missouri Head Injury Advisory Council;

Also,

Christy M. Fowler, as a member of the State Board of Optometry;

Also,

Melissa DeLine Graham, as a member of the Missouri State Board of Pharmacy;

Also,

Regina M. Staves, as a member of the Children's Trust Fund Board;

Also,

Marian "Munnie" Pacino, as a member of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects;

Also,

Lynthia B. Andrews, D.O. and Randall J. Davis, as members of the State Advisory Council on Emergency Medical Services;

Also,

Jack Magruder, Ph.D. and Jerry W. Divin, as members of the State Fair Commission;

Also,

Warren E. Nieburg, Ph.D., as a member of the Missouri Ethics Commission;

Also,

Lee A. Richardson, Jr., as a member of the Missouri State Board of Chiropractic Examiners.

Senator Kinder requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Kinder moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

REFERRALS

President Pro Tem Kinder referred HS for HCS for HB 1290, with SCS, to the Committee on Governmental Accountability and Fiscal Oversight.

HOUSE BILLS ON THIRD READING

Senator Scott moved that HCS for HB 1305, with SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 1 was again taken up.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Committee Substitute for House Committee Substitute for House Bill No. 1305, Page 5, Section 383.151, Lines 22-24, by striking all of said lines and insert in lieu thereof the following: "health care providers."; and

Further amend said amendment, page 10, section 383.200, line 2, by inserting after said line the following:

"7. The provisions of this section shall only apply to insurers who issue policies of medical malpractice insurance.".

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

Senator Steelman offered SA 2 to SA 1:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Committee Substitute for House Committee Substitute for House Bill No. 1305, Page 2, Section 135.163, Line 28 of said page, by inserting immediately after said line the following:

"354.001. 1. Any health services corporation, health maintenance organization, or other entity organized pursuant to this chapter shall not require, as a condition of participation in the provider network of the corporation, organization, or other entity, that a physician maintain a medical malpractice insurance policy that is deemed by the director of the department of insurance to be excessive.

2. The director of the department of insurance is authorized to promulgate rules and regulations to effectuate the purposes of this section. 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 of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, 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."; and

Further amend the title and enacting clause accordingly.

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

On motion of Senator Jacob, SA 1, as amended, was adopted.

Senator Nodler assumed the Chair.

Senator Scott moved that SCS for HCS for HB 1305, as amended, be adopted, which motion prevailed.

Senator Scott moved that SCS for HCS for HB 1305, as amended, be read the 3rd time and finally passed.

Senator Scott was recognized to close.

President Pro Tem Kinder referred SCS for HCS for HB 1305, as amended, to the Committee on Governmental Accountability and Fiscal Oversight.

The Senate observed a moment of silent prayer in memory of Dr. Melvin Kasten.

SENATE BILLS FOR PERFECTION

Senator Shields moved that SB 755, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 755, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 755

An Act to repeal sections 160.545, 172.360, 174.020, 174.241, 174.250, 174.251, 174.253, 174.261, 174.324, and 174.450, RSMo, and to enact in lieu thereof nine new sections relating to state institutions of higher education.

Was taken up.

Senator Shields moved that SCS for SB 755 be adopted.

Senator Shields offered SS for SCS for SB 755, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 755

An Act to repeal sections 160.545, 172.360, 174.020, 174.241, 174.250, 174.251, 174.253, 174.261, 174.324, 174.450, 174.453, and 176.010, RSMo, and to enact in lieu thereof eleven new sections relating to state institutions of higher education.

Senator Shields moved that SS for SCS for SB 755 be adopted.

Senator Shields offered SS for SS for SCS for SB 755, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 755

An Act to repeal sections 160.545, 172.035, 172.360, 174.020, 174.241, 174.250, 174.251, 174.253, 174.261, 174.324, 174.332, 174.450, 174.453, 174.750, 174.753, 174.755, 174.757, and 176.010, RSMo, and to enact in lieu thereof twenty-two new sections relating to state institutions of higher education, with a contingent effective date for certain sections.

Senator Shields moved that SS for SS for SCS for SB 755 be adopted.

Senator Childers offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 755, Page 5, Section 160.545, Line 22, by inserting after the period on said line the following:

"The West Plains Campus of Southwest Missouri State University as identified in Section 174.500 RSMo shall be considered a community college exclusively for the purpose of participation in all activities and reimbursements of the A+ schools program.".

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

Senator Bartle assumed the Chair.

Senator Dougherty offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 755, Page 4, Section 160.545, Line 27 of said page, by inserting immediately after "6." the following: "Within the limits established in subsection 10 of this section,"; and

Further amend said bill and section, page 5, line 2 of said page, by striking the word "or" as it appears both times on said line and inserting in lieu thereof the following: ","; and further amend line 3 of said page, by inserting immediately after the word "school" the following: ", any private vocational, technical school, or a proprietary school as defined in sections 173.600 to 173.619, RSMo,"; and

Further amend said bill and section, page 6, line 13 of said page, by inserting immediately after said line the following:

"10. The following requirements must be satisfied in order for private vocational, technical or proprietary schools to obtain reimbursements pursuant to subsection 6 of this section:

(1) Such institutions must be accredited by a nationally recognized accreditation organization, as approved by the coordinating board for higher education;

(2) No private vocational or technical school shall receive tuition reimbursements in excess of the tuition rate charged by a public community college for course work offered by the private vocational or technical school within the service area of that community college;

(3) The reimbursements provided to private vocational or technical schools shall not violate the provisions of article IX, section 8, or article I, section 7, of the Missouri Constitution or the first amendment to the United States Constitution; and

(4) Any student eligible for the A+ program may enroll in any program offered by a private vocational, technical or proprietary school, unless a community college in the county or the county adjacent offers the same or substantially similar program.".

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

At the request of Senator Shields SB 755, with SCS, SS for SCS and SS for SS for SCS, as amended (pending), was placed on the Informal Calendar.

PRIVILEGED MOTIONS

Senator Gross, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SS for SCS for SB 730, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 730

The Conference Committee appointed on House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 730, with House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1, House Amendment No. 2, and House Amendment No. 3, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 730, as amended;

2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for Senate Bill No. 730;

3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 730, be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Charles R. Gross /s/ Dr. Charles Portwood
/s/ Michael R. Gibbons /s/ James W. Lembke
/s/ Carl M. Vogel /s/ Kevin Threlkeld
/s/ Wayne Goode /s/ Robert Hilgemann
/s/ Joan Bray /s/ Matt S. Muckler

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

YEAS--Senators
Bartle 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 Yeckel--32
NAYS--Senators--None
Absent--Senators
Bland Wheeler--2
Absent with leave--Senators--None

On motion of Senator Gross, CCS for HS for HCS for SS for SCS for SB 730, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 730

An Act to amend chapter 137, RSMo, by adding thereto one new section relating to a homestead exemption for the elderly, with an effective date and sunset provisions.

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



YEAS--Senators
Bartle 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--33
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

The following message was received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 774, entitled:

An Act to repeal section 260.273, RSMo, and to enact in lieu thereof two new sections relating to waste tires.

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 1617, entitled:



An Act to amend chapter 409, RSMo, by adding thereto six new sections relating to obstruction of securities investigations, with penalty provisions.

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 1664, entitled:

An Act to repeal sections 347.020, 347.025, 347.039, 347.041, 347.047, 347.051, 347.055, 347.079, 347.081, 347.088, 347.129, 347.131, 347.153, 347.155, 347.159, 347.161, 347.169, 347.179, 347.725, 351.046, 351.050, 351.051, 351.055, 351.060, 351.085, 351.090, 351.095, 351.106, 351.107, 351.110, 351.115, 351.125, 351.180, 351.195, 351.200, 351.315, 351.355, 351.430, 351.435, 351.448, 351.657, 351.658, 355.011, 355.021, 355.146, 355.631, 356.071, 356.211, 358.440, 358.460, 358.490, 359.021, 359.031, 359.041, 359.121, 359.141, 359.172, 359.501, 359.531, 359.541, 417.210, 417.215, 417.217, and 417.220, RSMo, and to enact in lieu thereof sixty-five new sections relating to business entities, with penalty provisions.

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 1665, entitled:

An Act to repeal sections 376.309 and 409.1-102, RSMo, and to enact in lieu thereof two new sections relating to securities regulation.

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 HS for HCS for HB 1195, entitled:

An Act to repeal sections 209.309, 209.321, 209.322, 209.323, 317.011, 324.200, 324.203, 324.205, 324.210, 324.215, 324.400, 324.403, 324.409, 324.415, 324.418, 324.421, 324.427, 324.430, 324.433, 328.080, 332.086, 334.530, 334.540, 334.550, 334.655, 334.660, 334.665, 335.212, 335.245, 337.085, 337.507, 337.615, 337.665, 337.712, 339.010, 339.020, 339.030, 339.040, 339.060, 339.100, 339.105, 339.120, 339.130, 339.150, 339.160, 339.170, 339.180, 339.600, 339.603, 339.605, 339.606, 339.607, 339.608, 339.610, 339.612, 339.614, 339.617, 339.710, 339.760, 339.780, 339.800, 345.015, 346.135, 436.200, 436.205, 436.209, 436.212, 544.650, 620.127, and 620.145, RSMo, and to enact in lieu thereof eighty-one new sections relating to professional registration, with penalty provisions.

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 1403, entitled:

An Act to repeal sections 316.203, 316.204, 316.210, 316.218, 316.230, 316.233, and 701.377, RSMo, and to enact in lieu thereof ten new sections relating to amusement rides, with penalty provisions for certain sections and an effective date.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

RESOLUTIONS

Senator Cauthorn offered Senate Resolution No. 1757, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Harold Bachman, Novelty, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1758, regarding the Seventieth Wedding Anniversary of Mr. and Mr. Raymond Duncan, Downing, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1759, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Aloys Deters, Bowling Green, which was adopted.

Senator Childers offered Senate Resolution No. 1760, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Jesse Garnett, Brandsville, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Quick introduced to the Senate, Phil Willoughby, Richard Schmidt and his sons, Richard and Neal, St. Louis.

Senator Days introduced to the Senate, Alexandria Brooks, Atascadero, California.

Senator Klindt introduced to the Senate, Lindsey Hicks, Ben, Dallas, Taylor and Brett Hurst and Jessica Rolf, Tarkio.

Senator Foster introduced to the Senate, Debbie Carter and one hundred twenty eighth grade students from Doniphan Middle School, Doniphan.

Senator Gibbons introduced to the Senate, Travis Hawk and Tessa Spoto, Kirkwood; Shannon Keating, Bridgeton; Nicole Rivers, University City; Colleen Heck, Glendale; and Laura Helbling, St. Louis.

Senator Klindt introduced to the Senate, Serena Euller, Megan Conly, Emily Murphy, Korri Schmitz, Heather Simmerman, Melissa Medsker, Tabor Baumli and Daisy Workman, Nodaway County.

Senator Klindt introduced to the Senate, Betty Williams, Jordan Ripley, Sydney Heiks, Kelsey Clement, Sidney Turner, Brady Miller, Ashley Fleil, Jonathan Robertson, Tyson Miller, Hannah Brewer and Andrew Carson, representatives of the American Legion State Youth Government Day from around the state.

Senator Scott introduced to the Senate, Barbara Hagabush, Jodi Thering and seventy-seven fourth grade students from Parkview Elementary School, Sedalia.

Senator Klindt introduced to the Senate, Kyle Marcolla, Ashley Kelly, Terry Coult and Ken Stull, students from Chillicothe High School, Chillicothe.

Senator Kennedy introduced to the Senate, fourth grade students from St. Cecilia Elementary School and Dr. Frank and Dr. Mary Burton and their children, St. Louis.

Senator Shields introduced to the Senate,

students from St. Therese School, Parkville; and Megan Buri, Tara Ketchum, Nicole Phillips and Christopher Svoboda were made honorary pages.

Senator Shields introduced to the Senate, Jan Peckman and fourth and fifth grade students from St. Paul Lutheran School, St. Joseph; and Richard Barber, Peter Fortmeyer, Kyle Shade, Tyler Steele, Annie Kerns, Kayla Moeck, Elisha Siegrist, Kristian Haywood, Ashley Ellis and Corinna Edwards were made honorary pages.

Senator Klindt introduced to the Senate, the Physician of the Day, Dr. Zahid Hamid, M.D., Mound City.

On motion of Senator Gibbons, the Senate adjourned until 2:00 p.m., Monday, April 19, 2004.

SENATE CALENDAR

______



FIFTY-FOURTH DAY-MONDAY, APRIL 19, 2004

______



FORMAL CALENDAR



HOUSE BILLS ON SECOND READING



HS for HCS for HB 1207-Icet

HS for HCS for HB 1511-Byrd

HS for HCS for HB 1453-Hanaway

HCS for HB 774

HCS for HB 1617

HB 1664-Hanaway, et al

HB 1665-Hanaway, et al

HS for HCS for HB 1195-Behnen

HCS for HB 1403

THIRD READING OF SENATE BILLS



SB 1394-Vogel (In Fiscal Oversight)

SCS for SB 1171-Griesheimer, et al

SB 807-Loudon

SS for SCS for SB 1183-Dolan SENATE BILLS FOR PERFECTION



SB 1034-Childers, with SCS

SB 1366-Yeckel, with SCS

SB 1196-Klindt, with SCS

SB 1096-Caskey, with SCS

SB 735-Foster, et al, with SCS

SB 1153-Cauthorn

SB 1185-Gross

HOUSE BILLS ON THIRD READING



HS for HCS for HB 1566-Stefanick, with SCS

(In Fiscal Oversight)



INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 728-Steelman, with SCS

SBs 738 & 790-Loudon, with SCS &

SS for SCS (pending)

SB 755-Shields, with SCS, SS for SCS &

SS for SS for SCS (pending)

SBs 774 & 915-Wheeler, with SCS

SB 787-Childers, with SCS

SB 809-Klindt, with SCS, SS for SCS &

SA 2 (pending)

SB 810-Klindt, with SCS

SB 817-Kennedy and Griesheimer, with SCS

SB 856-Loudon, with SCS, SS for SCS,

SS for SS for SCS, SA 2 &

SSA 1 for SA 2 (pending)

SB 906-Foster, with SCS

SBs 908 & 719-Cauthorn, with SCS

SB 933-Yeckel, et al

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

SB 990-Loudon, with SCS

SB 1023-Griesheimer

SB 1037-Steelman and Stoll, with SCS

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

Griesheimer, with SCS, SS for SCS,

SA 2 & SA 2 to SA 2 (pending)



SB 1124-Goode and Steelman, with SCS

SB 1128-Cauthorn, with SCS

SB 1132-Steelman, et al, with SCS

SB 1138-Bartle

SB 1159-Foster and Dougherty

SB 1180-Shields and Kinder, with SCS

SB 1198-Russell, with SCA 1

SB 1213-Steelman and Gross, with SCS

SBs 1221 & 1305-Kinder, with SCS

SB 1227-Russell, et al, with SCS

SB 1232-Clemens, et al, with SCS (pending)

SB 1234-Mathewson and Childers, with SCS,

SS for SCS, SA 4 & point of order (pending)

SB 1254-Klindt, with SCS

SB 1277-Yeckel, with SCS

SBs 1332 & 1341-Caskey and Mathewson,

with SCS

SB 1355-Days

SJR 24-Caskey and Bartle, with SCS

SJR 25-Yeckel

SJR 26-Yeckel

SJR 40-Stoll

SJR 41-Kinder, et al, with SCS





HOUSE BILLS ON THIRD READING



HB 969-Cooper, et al, with SA 1 (pending)

(Bartle)

HCS for HB 1182, with SCS (Klindt)

SCS for HCS for HB 1305 (Scott)

(In Fiscal Oversight)





CONSENT CALENDAR



Senate Bills



Reported 2/9



SB 741-Klindt



Reported 3/15



SB 1189-Scott, with SCS





House Bills



Reported 4/5



HBs 1071, 801, 1275 & 989-Goodman,

with SCS (Childers)

HCS for HB 895 (Nodler)

HCS for HB 947 (Cauthorn)



HB 975-Johnson (47), et al (Wheeler)

HB 1047-Guest and Bivins (Klindt)

HB 1107-Crawford, et al (Shields)



Reported 4/7



HB 1070-Miller, et al (Scott)

HB 938-Luetkemeyer, with SCS (Loudon)

HB 923-Holand and Fraser (Jacob)

HB 1622-Wasson, et al (Clemens)

HCS for HB 1399 (Clemens)

HCS for HB 1347 (Shields)



HCS for HB 1363 (Gibbons)

HB 1291-Pearce (Cauthorn)

HCS for HB 985 (Childers)

HCS for HB 1246 (Loudon)

HB 970-Portwood, et al (Shields)

HS for HCS for HB 1290-Portwood, with SCS

(Steelman) (In Fiscal Oversight)

Reported 4/13



HB 822-Luetkemeyer, et al, with SCS (Vogel)

HB 1187-Ervin, et al (Quick)

HCS for HB 1321, with SCS (Klindt)

HB 1362-Hobbs, et al (Cauthorn)

HB 1377-Sutherland, et al (Griesheimer)

HB 1398-Lager (Klindt)

HB 1407-Mayer and Villa (Dolan)

HCS for HB 1456 & HB 824, with SCS (Foster)

HB 1494-Ervin (Quick)

HBs 1613, 1445, 1454, 1462, HCS for HB 1471,

HBs 1608, 1612 & 1635-Morris, with SCS

(Champion)



Reported 4/14



HB 1603-Lager (Klindt)

HCS for HBs 1529 & 1655 (Griesheimer)

HCS for HB 1136, with SCS (Dolan)

HCS for HB 1422 (Cauthorn)

HCS for HB 1171 (Klindt)

HB 1259-Threlkeld (Griesheimer)

HB 1126-Seigfreid, et al (Mathewson)

HCS for HB 1198 (Loudon)

HB 1502-Wilson (42), et al (Wheeler)

HB 1217-Johnson (47), et al, with SCS (Wheeler)

HB 1572-St. Onge, et al (Loudon)

HCS for HB 1614 (Steelman)

HCS for HB 1253, with SCS (Loudon)

HB 884-Ward (Loudon)

HCS for HB 1233 (Griesheimer)

HCS for HB 1090 (Quick)

HB 1440-Deeken, with SCS (Scott)

HCS for HBs 998 & 905, with SCS (Griesheimer)

HB 1508-Baker (Bartle)

HCS for HB 1660, with SCS (Klindt)

HB 1616-Hanaway, et al

HB 1444-Moore, et al (Vogel)

HCS for HB 988 (Bartle)

HB 1634-Behnen, with SCS (Gross)

Reported 4/15



HB 1317-Kingery, et al (Gibbons)

HCS for HB 1405 (Callahan)

HB 1114-Skaggs

HB 1167-Kelly (144), et al

HCS for HB 1284 (Dolan)

HCS for HB 912 (Goode)

HCS for HB 1449

HB 1149-May, et al (Steelman)

HB 1442-Lipke, et al (Kinder)

HB 960-Roark, with SCS (Champion)

HBs 1029, 1438 & 1610-Henke,

with SCS (Dolan)

HB 826 & HCS for HB 883-Kelley (144),

with SCS (Russell)



HBs 996, 1142, HCS for HB 1201 &

HB 1489-Dusenberg, et al with SCS (Bartle)

HCS for HB 928, HCS for HB 1123 &

HCS for HB 1280-Bivins, with SCS (Yeckel)

HCS for HB 1179 (Days)

HCS for HBs 1631 & 1623 (Champion)

HCS for HB 798, with SCS (Klindt)

HB 1364-Bishop, et al, with SCS (Quick)

HB 1188-Lipke, et al, with SCS (Bartle)

HB 904-Luetkemeyer (Vogel)

HB 1427-Portwood

HB 994-Cunningham (145), et al (Scott)

HB 869-Townley, et al (Caskey)

HCS for HB 1192, with SCS (Cauthorn)

HB 1048-Parker, et al (Klindt)



BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



SS for SCS for SB 730-Gross, with HS for HCS,

as amended (Senate adopted CCR

and passed CCS)

SB 739-Klindt, with HCS, as amended

HS for HCS for HB 1304-Byrd, with SS#2 for

SS for SCS, as amended (Scott)

RESOLUTIONS



Reported from Committee



SR 1451-Yeckel

SCR 44-Yeckel

SCR 45-Dougherty

SCR 46-Gross



SCR 47-Griesheimer

HCR 10-Myers (Klindt)

HCR 12-Kelly (36) (Mathewson)