Journal of the Senate

SECOND REGULAR SESSION


FIFTY-FOURTH DAY--MONDAY, APRIL 19, 2004


The Senate met pursuant to adjournment.

President Pro Tem Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"The Lord will fulfill his purpose for me; your steadfast love, O Lord endures forever..." (Psalm 138:8)

Gracious God, we know that we have many pressing issues facing us this week and pressures are coming from all sides and at times they trouble us but we know that You will guide us to fulfill Your purpose for each of us. We pray for the family of Larry Jarrell, at his death, that You may comfort them in their grief and be an ever present help to them and we pray for Senator Clemens' mother, that You touch her with Your healing power, bringing her to health and wholeness once again. 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, April 15, 2004, was read and approved.

Photographers from KSPR-TV, KMIZ-TV and the Associated Press were given permission to take pictures in the Senate Chamber today.

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

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
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
Absent with leave--Senators
Clemens Wheeler--2

The Senate observed a moment of silence in memory of Larry Jarrell.

A quorum was established by the following vote:

Present--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Days
Dougherty Foster Gibbons Griesheimer
Gross Kennedy Kinder Klindt
Loudon Mathewson Nodler Russell
Shields Steelman Stoll Vogel
Yeckel--25
Absent--Senators
Coleman Dolan Goode Jacob--4
Absent with leave--Senators
Bland Clemens Quick Scott
Wheeler--5

INTRODUCTION OF GUESTS

The President introduced to the Senate, Dr. Robert R. Archibald, President of the Missouri Historical Society, who assumed the dais and addressed the members of the Senate.

President Pro Tem Kinder assumed the Chair.

RESOLUTIONS

Senator Griesheimer offered Senate Resolution No. 1761, regarding Stephen H. Hellwig, Eureka, which was adopted.

Senator Griesheimer offered Senate Resolution No. 1762, regarding Captain David J. Liebenguth, Sullivan, which was adopted.

Senator Griesheimer offered Senate Resolution No. 1763, regarding the Eureka Fire Protection District, which was adopted.

Senator Klindt offered Senate Resolution No. 1764, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Marion "Bud" Gay, Rea, which was adopted.

Senator Klindt offered Senate Resolution No. 1765, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Buhler Sears, Maryville, which was adopted.

Senator Klindt offered Senate Resolution No. 1766, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Wilson Serfass, Brookfield, which was adopted.

Senator Bland offered Senate Resolution No. 1767, regarding Aaliyah Ali, Kansas City, which was adopted.

Senator Loudon offered Senate Resolution No. 1768, regarding Norma Caldwell, Hazelwood, which was adopted.

Senator Quick offered Senate Resolution No. 1769, regarding Samuel Joseph "Sam" Butler-Hunziker, Kansas City, which was adopted.

Senator Quick offered Senate Resolution No. 1770, regarding Chad Elliott, Liberty, which was adopted.

Senator Bartle offered Senate Resolution No. 1771, regarding C. William Kramer, Independence, which was adopted.

Senator Vogel offered Senate Resolution No. 1772, regarding Lincoln University Women's 2004 NCAA Division II Indoor Track and Field National Champions, Jefferson City, which was adopted.

Senator Vogel offered Senate Resolution No. 1773, regarding Sharon Wilson, Jefferson City, which was adopted.

Senator Vogel offered Senate Resolution No. 1774, regarding Vanitta "Mickie" Erhardt, Lohman, which was adopted.

Senator Vogel offered Senate Resolution No. 1775, regarding Rosemary V. Wolken, Centertown, which was adopted.

Senator Vogel offered Senate Resolution No. 1776, regarding Public Service Recognition Week, which was adopted.

REPORTS OF STANDING COMMITTEES

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 1394; and HS for HCS for HB 1290, with SCS, begs leave to report that it has considered the same and recommends that the bills do pass.

Senator Russell, Chairman of the Committee on Appropriations, submitted the following reports:

Mr. President: Your Committee on Appropri-ations, to which was referred HB 1001, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HS for HCS for HB 1002, 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 Appropri-ations, to which was referred HS for HCS for HB 1003, 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 Appropri-ations, to which was referred HS for HCS for HB 1004, 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 Appropri-ations, to which was referred HS for HCS for HB 1005, 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 Appropri-ations, to which was referred HS for HCS for HB 1006, 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 Appropri-ations, to which was referred HS for HCS for HB 1007, 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 Appropri-ations, to which was referred HS for HCS for HB 1008, 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 Appropri-ations, to which was referred HS for HCS for HB 1009, 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 Appropri-ations, to which was referred HS for HCS for HB 1010, 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 Appropri-ations, to which was referred HS for HCS for HB 1011, 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 Appropri-ations, to which was referred HS for HCS for HB 1012, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Shields assumed the Chair.

THIRD READING OF SENATE BILLS

SB 1394, introduced by Senator Vogel, entitled:

An Act to repeal sections 32.087, 143.241, 143.782, 144.083, and 144.157, RSMo, and to enact in lieu thereof five new sections relating to tax collection.

Was taken up.

On motion of Senator Vogel, SB 1394 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SCS for SB 1171, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1171An Act to repeal section 21.800, RSMo, and to enact in lieu thereof twelve new sections relating to homeland security, with an emergency clause.

Was taken up by Senator Griesheimer.

On motion of Senator Griesheimer, SCS for SB 1171 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bartle Bray Callahan Cauthorn
Champion Coleman Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Russell Shields Steelman
Stoll Vogel Yeckel--27
NAYS--Senator Caskey--1
Absent--Senator Childers--1
Absent with leave--Senators
Bland Clemens Quick Scott
Wheeler--5

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 807, introduced by Senator Loudon, entitled:

An Act to amend chapter 537, RSMo, by adding thereto one new section relating to civil actions.

Was taken up.

On motion of Senator Loudon, SB 807 was read the 3rd time and passed by the following vote:

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

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 Bartle moved that motion lay on the table, which motion prevailed.

SS for SCS for SB 1183, introduced by Senator Dolan, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1183

An Act to repeal sections 64.825 and 89.410, RSMo, and to enact in lieu thereof two new sections relating to regulations governing the subdivision of land.

Was taken up.

On motion of Senator Dolan, SS for SCS for SB 1183 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 1221 and SB 1305, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SBs 1221 and 1305, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1221 and 1305

An Act to repeal section 8.665, RSMo, and to enact in lieu thereof one new section relating to the issuance of bonds.

Was taken up.

Senator Kinder moved that SCS for SBs 1221 and 1305 be adopted.

Senator Kinder offered SS for SCS for SBs 1221 and 1305, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1221 and 1305

An Act to repeal section 8.665, RSMo, and to enact in lieu thereof one new section relating to the issuance of bonds, with a contingent effective date.

Senator Kinder moved that SS for SCS for SBs 1221 and 1305 be adopted.

Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1221 and 1305, Page 2, Section 8.665, Line 19, by striking the words "twenty million" and inserting in lieu thereof the following: "forty-two million five hundred thousand".

Senator Mathewson moved that the above amendment be adopted.

Senator Jacob raised the point of order that SS for SCS for SBs 1221 and 1305 and SCS for SBs 1221 and 1305 are out of order as they violate the single subject provision of the Constitution.

Senator Jacob raised a second point of order that SS for SCS for SBs 1221 and 1305 is out of order as it includes additional subject matter exceeding the scope of both bills.

The points of order were referred to the President Pro Tem, who ruled them not well taken.

SA 1 was again taken up.

Senator Jacob 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 Substitute for Senate Committee Substitute for Senate Bills Nos. 1221 and 1305, by adding at the end of said amendment the following:

"Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1221 and 1305, Page 4, Section 8.665, Line 5, by inserting after all of said line, the following:

'Section 1. Upon the enactment of subsections 9 and 10 of section 8.665, pursuant to this act, notwithstanding any law to the contrary all of the higher education institutions which receive proceeds from the bonds issued pursuant to subsections 9 and 10 of section 8.665, shall be governed by, and subject to the authority of, the Curators of the University of Missouri as established pursuant to section 172.020, RSMo.'; and

Further amend the title and enacting clause accordingly.".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Kinder, SB 1221 and SB 1305, with SCS, SS for SCS, SA 1 and SA 1 to SA 1 (pending), were placed on the Informal Calendar.

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

April 15, 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:

Muriel A. Brison, Democrat, 5945 Old Zero Road, Berger, Gasconade County, Missouri 63014, as public member of the Public Defender Commission, for a term ending December 31, 2009, 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

April 15, 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:

Kenneth E. Clark, 1923 Sumter Ridge Lane, Chesterfield, St. Louis County, Missouri 63017, as a member of the Missouri State Board of Accountancy, for a term ending July 1, 2008, and until his successor is duly appointed and qualified; vice, Thomas Cusack, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 15, 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:

Catherine Loraine Davis, Democrat, 925 South Woodland Drive, Kansas City, Clay County, Missouri 64118, as a member of the Missouri Health Facilities Review Committee, for a term ending January 1, 2006, 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

April 15, 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:

Willie J. Ellis, Jr., Democrat, 4108 Caballo Crossing Court, Florissant, St. Louis County, Missouri 63034, as a member of the Public Defender Commission, for a term ending December 20, 2009, 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

April 15, 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:

Diana G. Fendya, R.N., M.S.N., Democrat, 1010 Cabernet Drive, Chesterfield, St. Louis County, Missouri 63017, as a member of the Missouri Emergency Response Commission, for a term ending October 15, 2008, and until her successor is duly appointed and qualified; vice, Lisa Boone, resigned.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 15, 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 P. Ford, 1112 Old 63 South, Columbia, Boone County, Missouri 65201, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees, for a term ending February 6, 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

April 15, 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:

Betty Cooper Hearnes, 3100 E. Marshall, Charleston, Mississippi County, Missouri 63834, as a member of the Second State Capitol Commission, for a term ending April 18, 2008, 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

April 15, 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:

Tjitski "Tish" Gay Tubbergen-Maglio, Democrat, 117 E. Washington, P.O. Box 360, Kirksville, Adair County, Missouri 63501, as a member of the Missouri Real Estate Appraisers Commission, for a term ending September 12, 2005, and until her successor is duly appointed and qualified; vice, Dorothy "Dottie" Phelps, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 15, 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:

Jennifer Hill Nixon, Democrat, 1654 Forest View, Warson Woods, St. Louis County, Missouri 63122, as a member of the Central Missouri State University Board of Governors, for a term ending January 1, 2006, and until her successor is duly appointed and qualified; vice, Ernest Adelman, resigned.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 15, 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:

Thomas J. Pfeiffer, 247 Eaglecrest Road, Camdenton, Camden County, Missouri 65020, as a member of the Petroleum Storage Tank Insurance Fund, for a term ending February 6, 2006, and until his successor is duly appointed and qualified; vice, Robert T. Jackson, resigned.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 15, 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:

Caroline L. Pufalt, Democrat, 13415 Land O Woods Drive, #3, Chesterfield, St. Louis County, Missouri 63141, as a member of the Air Conservation Commission of the State of Missouri, for a term ending October 13, 2005, and until her successor is duly appointed and qualified; vice, Frank Beller, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 15, 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 K. Reinhard, Democrat, 118 W. Locust, P.O. Box 57, Paris, Monroe County, Missouri 65275, as a member of the State Board of Embalmers and Funeral Directors, for a term ending April 1, 2009, and until his successor is duly appointed and qualified; vice, Charles Donn James, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 15, 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:

Karen C. Warren, 2780 Concord Drive, Florissant, St. Louis County, Missouri 63033, as a member of the Commission on the Special Health, Psychological and Social Needs of Minority Older Individuals, for a term ending August 30, 2005, and until her successor is duly appointed and qualified; vice, Mary Quigley, resigned.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 15, 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:

Karl Zobrist, 1232 Stratford Road, Kansas City, Jackson County, Missouri 64113, as a member of the Kansas City Board of Police Commissioners, for a term ending March 7, 2008, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

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

The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 16, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on February 6, 2004 for your advice and consent:

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

President Pro Tem Kinder moved that the above appointment be returned to the Governor pursuant to his request, which motion prevailed.

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 16, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 1, 2004 for your advice and consent:

David G. Potter, 608 Charleston Oaks Drive, Ballwin, St. Louis County, Missouri 63021, as a member of the Missouri State Board of Nursing, for a term ending August 13, 2004, and until his successor is duly appointed and qualified; vice, Art Bante, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Kinder moved that the above appointment be returned to the Governor pursuant to his request, which motion prevailed.



HOUSE BILLS ON SECOND READING

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

HS for HCS for HB 1207--Economic Development, Tourism and Local Government.

HS for HCS for HB 1511--Judiciary and Civil and Criminal Jurisprudence.

HS for HCS for HB 1453--Aging, Families, Mental and Public Health.

HCS for HB 774--Ways and Means.

HCS for HB 1617--Judiciary and Civil and Criminal Jurisprudence.

HB 1664--Judiciary and Civil and Criminal Jurisprudence.

HB 1665--Financial and Governmental Organization, Veterans' Affairs and Elections.

HS for HCS for HB 1195--Financial and Governmental Organization, Veterans' Affairs and Elections.

HCS for HB 1403--Commerce and the Environment.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SS for SCS for SB 730, as amended, and has taken up and passed CCS for HS for HCS for SS for SCS for SB 730.

Bill ordered enrolled.

RESOLUTIONS

Senator Callahan offered Senate Resolution No. 1777, regarding Jim Hadel, which was adopted.

Senators Loudon, Gibbons, Griesheimer and Bray offered Senate Resolution No. 1778, regarding the Parkway School District, St. Louis County, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Bray introduced to the Senate, her mother, Mary Bray, Lubbock, Texas.

Senator Griesheimer introduced to the Senate, Bridgette Epple, Washington.

Senator Stoll introduced to the Senate, Debbie and Steve Copeland and their children, Kasondra

and Kyle, Eureka.

Senator Shields introduced to the Senate, Commissioner Michael Short, Commissioner Steve Weyner and Commissioner Betty Knight, Platte County.

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



SENATE CALENDAR

______



FIFTY-FIFTH DAY-TUESDAY, APRIL 20, 2004

______



FORMAL CALENDAR



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 (Cauthorn) (In Fiscal Oversight)

HB 1001-Bearden (Russell)

HS for HCS for HB 1002-Bearden,

with SCS (Russell)

HS for HCS for HB 1003-Bearden,

with SCS (Russell)

HS for HCS for HB 1004-Bearden,

with SCS (Russell)

HS for HCS for HB 1005-Bearden,

with SCS (Russell)

HS for HCS for HB 1006-Bearden,

with SCS (Russell)

HS for HCS for HB 1007-Bearden,

with SCS (Russell)

HS for HCS for HB 1008-Bearden,

with SCS (Russell)

HS for HCS for HB 1009-Bearden,

with SCS (Russell)

HS for HCS for HB 1010-Bearden,

with SCS (Russell)

HS for HCS for HB 1011-Bearden,

with SCS (Russell)

HS for HCS for HB 1012-Bearden,

with SCS (Russell)

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, SS

for SCS, SA 1 & SA 1 to SA 1 (pending)

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)



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 (Gibbons)

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 (Loudon)

HB 1167-Kelly (144), et al

HCS for HB 1284 (Dolan)

HCS for HB 912 (Goode)

HCS for HB 1449 (Vogel)

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 (Wheeler)

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



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)