Journal of the Senate

SECOND REGULAR SESSION


FIFTY-FIFTH DAY--TUESDAY, APRIL 20, 2004


The Senate met pursuant to adjournment.

President Pro Tem Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"It is better to have a heart without words than words without a heart." (Mahatma Gandhi)

Gracious God, as we enter into the necessary debates and discrimination of the budget and bills before us, help us always to employ our heart so that what we decide has remained faithful to Your call for us to care for those in need and make provisions for what is truly needful. We give You thanks for Kim Green and pray that You will continue his healing and bring him to full health and wholeness. 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 KRCG-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
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
The Lieutenant Governor was present.

RESOLUTIONS

Senator Dolan offered Senate Resolution No. 1779, regarding Richard Oliver, O'Fallon, which was adopted.

Senator Dolan offered Senate Resolution No. 1780, regarding the River City Rascals baseball team, O'Fallon, which was adopted.

Senator Dolan offered Senate Resolution No. 1781, regarding Susan A. Proost, O'Fallon, which was adopted.

Senator Dolan offered Senate Resolution No. 1782, regarding Company K, 3rd Battalion, 24th Marines, 4th Marine Division, which was adopted.

HOUSE BILLS ON THIRD READING

HB 1071, HB 801, HB 1275 and HB 989, with SCS, entitled respectively:

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

An Act to authorize the governor to convey land owned by the state in the county of Pettis.

An Act to authorize the conveyance of property owned by the state in the county of Newton to the city of Neosho.

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.

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

SCS for HBs 1071, 801, 1275 and 989, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1071, 801, 1275 and 989

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

Was taken up.

Senator Bartle assumed the Chair.

Senator Childers moved that SCS for HBs 1071, 801, 1275 and 989 be adopted.

Senator Childers requested unanimous consent of the Senate to suspend the rules to offer an amendment, which request was granted.

Senator Childers offered SPA 1, which was read:

SENATE PERFECTING AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bills Nos. 1071, 801, 1275 and 989, Page 2, Section 2, Lines 19-20, by striking said lines and inserting in lieu thereof the following: "reasonable.".

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

Senator Childers moved that SCS for HBs 1071, 801, 1275 and 989, as amended, be adopted, which motion prevailed.

Senator Childers moved that SCS for HBs 1071, 801, 1275 and 989, as amended, be read the 3rd time and finally passed.

Senator Childers was recognized to close.

President Pro Tem Kinder referred SCS for HBs 1071, 801, 1275 and 989, as amended, to the Committee on Governmental Accountability and Fiscal Oversight.

REFERRALS

President Pro Tem Kinder referred HB 1613, HB 1445, HB 1454, HB 1462, HCS for HB 1471, HB 1608, HB 1612 and HB 1635, with SCS, to the Committee on Governmental Accountability and Fiscal Oversight.

HOUSE BILLS ON THIRD READING

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.

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

On motion of Senator Nodler, HCS for HB 895 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Childers Coleman
Days Dolan Dougherty Foster
Gibbons Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Yeckel--29
NAYS--Senators--None
Absent--Senators
Champion Goode--2
Absent with leave--Senators
Clemens Griesheimer Wheeler--3

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Coleman Days
Dolan Dougherty Foster Gibbons
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Stoll Vogel Yeckel--28
NAYS--Senators--None
Absent--Senators
Bland Childers Goode--3
Absent with leave--Senators
Clemens Griesheimer Wheeler--3

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

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

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

HB 1001, introduced by Representative Bearden, entitled:

An Act to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Stormwater Control Bonds, Third State Building Bonds, and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Stormwater Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund, and Stormwater Control Fund, and to transfer money among certain funds for the period beginning July 1, 2004 and ending June 30, 2005.

Was taken up by Senator Russell.

On motion of Senator Russell, HB 1001 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Clemens
Coleman Days Dolan Dougherty
Foster Gibbons Goode Gross
Jacob Kinder Klindt Loudon
Mathewson Nodler Quick Russell
Scott Shields Steelman Stoll
Vogel--29
NAYS--Senators--None
Absent--Senators
Childers Kennedy Yeckel--3
Absent with leave--Senators
Griesheimer Wheeler--2

The President declared the bill passed.

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

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

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

On motion of Senator Gibbons, the Senate recessed until 2:15 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Maxwell.

Photographers from the Chart-MSSU, Joplin were given permission to take pictures in the Senate Chamber today.

HOUSE BILLS ON THIRD READING

HS for HCS for HB 1002, with SCS, introduced by Representative Bearden, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2004 and ending June 30, 2005.

Was taken up by Senator Russell.

SCS for HS for HCS for HB 1002, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1002

An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2004 and ending June 30, 2005.

Was taken up.

Senator Russell moved that SCS for HS for HCS for HB 1002 be adopted.

A quorum was established by the following vote:

Present--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Coleman Days Foster Gibbons
Goode Griesheimer Gross Jacob
Kennedy Kinder Klindt Loudon
Mathewson Nodler Russell Scott
Shields Steelman Vogel Yeckel--28
Absent--Senators
Bland Dolan Dougherty Quick
Stoll--5
Absent with leave--Senator Wheeler--1

Senator Childers assumed the Chair.

Senator Shields offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 2, Section 2.015, Line 4, by deleting the number "1,799,536,395" and insert in lieu thereof the number "1,803,536,395"; and further amend said section, line 5, by deleting the number "372,555,326" and inserting in lieu thereof the number "374,555,326"; and further amend said section, line 13, by deleting the number "98,880,607" and inserting in lieu thereof the number "106,880,607"; and further amend said section, line 12, by deleting the number "2,246,588,881" and inserting in lieu thereof the number "2,244,588,881"; and further amend said bill, section 2.295, line 4, by deleting the number "1,945,401,669" and inserting in lieu thereof the number "1,943,401,669"; and amend section and bill totals accordingly.

Senator Shields moved that the above amendment be adopted.

Senator Jacob offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 2, Section 2.015, Line 4, by striking the dollar amount "$1,799,536,395" and inserting in lieu thereof the following dollar amount "$1,817,560,541"; and

Further amend same page, same section, line 5, by striking the dollar amount "$372,555,326" and inserting in lieu thereof the following dollar amount "$375,405,326"; and

Further amend same page, same section, line 8, by striking the dollar amount "$35,526,150" and inserting in lieu thereof the following dollar amount "$38,684,374"; and

Further by amending page 3, same section, line 12, by striking the dollar amount "$2,246,588,881" and inserting in lieu thereof the following dollar amount "$2,270,621,251"; and

Further by amending page 3, same section, line 24, by striking the dollar amount "$2,789,712,274" and inserting in lieu thereof the following dollar amount "$2,813,744,644"; and

Further by amending page 14, section 2.295, line 4, by striking the dollar amount "$1,945,401,669" and inserting in lieu thereof the following dollar amount "$1,969,434,039".

Senator Jacob moved that the above substitute amendment be adopted.

A quorum was established by the following vote:

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

Senator Jacob requested a roll call vote be taken on the adoption of SSA 1 for SA 1 and was joined in his request by Senators Callahan, Days, Kennedy and Wheeler.

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

YEAS--Senators
Bland Bray Callahan Caskey
Coleman Days Dougherty Jacob
Kennedy Mathewson Quick Stoll
Wheeler--13
NAYS--Senators
Bartle Cauthorn Champion Childers
Clemens Foster Gibbons Goode
Griesheimer Gross Kinder Klindt
Loudon Nodler Russell Scott
Shields Steelman Vogel Yeckel--20
Absent--Senator Dolan--1
Absent with leave--Senators--None

SA 1 was again taken up.

Senator Goode offered SSA 2 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 3, Section 2.015, Line 12, by deleting the "2,246,588,881" and inserting in lieu thereof the number "2,238,588,881"; and further amend said section, line 13, by deleting the number "98,880,607" and inserting in lieu thereof the number "106,880,607"; and further amend said bill, section 2.295, line 4, by deleting the number "1,945,401,669" and inserting in lieu thereof the number "1,937,401,669"; and amend section and bill totals accordingly.

Senator Goode moved that the above substitute amendment be adopted.

Senator Shields raised the point of order that SSA 2 for SA 1 is out of order as it is untimely; stating that no one had been seeking recognition when he was recognized by the Chair and renewed his motion.

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

SSA 2 for SA 1 was again taken up.

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

SA 1 was again taken up.

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

Senator Steelman offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 12, Section 2.230, by inserting immediately after said section, the following new section:

"Section 2.231. To the Department of Elementary and Secondary Education

For Veterans Memorial Videotaping provided that

the source of funds shall be those funds allocated pursuant to Section 160.530.2, RSMo.

From General Revenue Fund $1,000,000".

Senator Steelman moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 8, Section 2.130, Line 5, by inserting immediately after said line the following:

"For teacher education student scholarships at four

year colleges or universities, exclusively for veterans returning from the Iraq conflict pursuing teaching in the areas of mathematics and science.

From General Revenue Fund 1,000,000";

and amend section and bill totals accordingly.

Senator Jacob moved that the above substitute amendment be adopted.

Senator Steelman raised the point of order that SSA 1 for SA 2 is out of order, as it is not a true substitute amendment.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator Jacob raised the point of order that SA 2 is out of order, as it goes beyond the scope of the underlying bill; stating that the amendment attempts to appropriate money for a purpose that is yet to be authorized by law.

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

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

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 8, Section 2.130, Line 5, by inserting immediately after said line the following:

"For teacher education student scholarships at four

year colleges or universities, exclusively for veterans returning from the Iraq conflict pursuing teaching in the areas of mathematics and science provided that the source of funds shall be those funds allocated pursuant to Section 160.530.2, RSMo.

From General Revenue Fund $1,000,000".

Senator Jacob moved that the above substitute amendment be adopted.

Senator Nodler assumed the Chair.

Senator Jacob offered SA 1 to SSA 2 for SA 2:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute Amendment No. 2 for Senate Amendment No. 2 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, the last line of the amendment, by deleting said line and inserting in lieu thereof the following:

"From General Revenue Fund 1,500,000".

Senator Jacob moved that the above amendment be adopted.

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

Senator Steelman offered SA 2 to SSA 2 for SA 2, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute Amendment No. 2 for Senate Amendment No. 2 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, line 6 of said amendment, by adding after the word "science" the words "and for veterans memorial videotaping which may be distributed to the public schools"; and

Further amend line 8, by deleting "1,000,000" and inserting "2,000,000"; and amend section and bill totals accordingly.

Senator Steelman moved that the above amendment be adopted.

At the request of Senator Steelman, SA 2 to SSA 2 for SA 2 was withdrawn.

SSA 2 for SA 2 was again taken up.

Senator Jacob requested a roll call vote be taken on the adoption of SSA 2 for SA 2 and was joined in his request by Senators Bray, Callahan, Days and Stoll.

A quorum was established by the following vote:

Present--Senators
Bray Callahan Caskey Cauthorn
Champion Days Foster Gibbons
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Russell Scott Shields
Steelman Stoll Vogel Yeckel--24
Absent--Senators
Bartle Bland Childers Clemens
Coleman Dolan Dougherty Goode
Quick Wheeler--10
Absent with leave--Senators--None

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



YEAS--Senators
Bland Bray Callahan Caskey
Coleman Days Jacob Kennedy
Mathewson Quick Stoll--11
NAYS--Senators
Bartle Cauthorn Champion Clemens
Dolan Foster Gibbons Griesheimer
Gross Kinder Klindt Loudon
Nodler Russell Scott Shields
Steelman Vogel Yeckel--19
Absent--Senators
Childers Dougherty Goode Wheeler--4
Absent with leave--Senators--None

SA 2 was again taken up.

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

Senator Callahan offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 10, Section 2.190, Line 3, by deleting from said line "$30,473,563" and inserting in lieu thereof the following "$31,070,338".

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

Senator Jacob offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 2, Section 2.015, Line 4, by deleting the number "1,799,536,395" and insert in lieu thereof the number "1,803,536,395" and further amend said section, line 5 by deleting the number "372,555,326" and inserting in lieu thereof the number "374,555,326" and further amend said section line 13 by deleting the number "98,880,607" and inserting in lieu thereof the number "106,880,607" and further amend said section line 12 by deleting the number "2,246,588,881" and inserting in lieu thereof the number "2,244,588,881" and further amend said bill section 2.295, line 4 by deleting the number "1,945,401,669" and inserting in lieu thereof the number "1,943,401,669" and amend section and bill totals accordingly.

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

Senator Russell offered SSA 1 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 3, Section 2.015, Line 12, by deleting the "2,246,588,881" and inserting in lieu thereof the number "2,238,588,881" and further amend said section, line 13 by deleting the number "98,880,607" and inserting in lieu thereof the number "106,880,607" and further amend said bill section 2.295, line 4 by deleting the number "1,945,401,669" and inserting in lieu thereof the number "1,937,401,669" and amend section and bill totals accordingly.

Senator Russell moved that the above substitute amendment be adopted.

Senator Jacob requested a roll call vote be taken on the adoption of SSA 1 for SA 4 and was joined in his request by Senators Bland, Callahan, Russell and Stoll.

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

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 4 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 2, Section 2.015, Line 4, by deleting the number "1,799,536,395" and inserting in lieu thereof the number "1,805,536,395" and further amend said section, line 5 by deleting the number "372,555,326" and inserting in lieu thereof the number "374,555,326" and further amend said section line 13 by deleting the number "98,880,607" and inserting in lieu thereof the number "106,880,607" and amend section and bill totals accordingly.

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

Senator Gross assumed the Chair.

At the request of Senator Jacob, SA 1 to SSA 1 for SA 4 was withdrawn.

Senator Jacob offered SA 2 to SSA 1 for SA 4:

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 4 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 1, Line 4, by deleting the number "2,238,588,881" and inserting in lieu thereof the number "3,246,588,881" and further amend said amendment line 9 by deleting the number "1,937,401,669" and inserting in lieu thereof the number "1,945,401,669" and further amend said amendment line 9 by adding after the number "1,937,401,669" the following: further amend said bill page 2 section 2.015, line 4 by deleting the number "1,799,536,395" and inserting in lieu thereof the number "1,805,536,395" and further amend said section, line 5 by deleting the number "372,555,326" and inserting in lieu thereof the number "374,555,326".

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

A quorum was established by the following vote:

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
Russell Shields Steelman Stoll
Yeckel--29
Absent--Senators
Clemens Quick Scott Vogel
Wheeler--5
Absent with leave--Senators--None

Senator Shields assumed the Chair.

SA 2 to SSA 1 for SA 4 failed of adoption by the following vote:

YEAS--Senators
Bland Bray Callahan Caskey
Coleman Days Jacob Kennedy
Quick Steelman Stoll Wheeler--12
NAYS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Foster Gibbons
Goode Gross Kinder Klindt
Loudon Mathewson Nodler Russell
Shields Vogel Yeckel--19
Absent--Senators
Dougherty Griesheimer Scott--3
Absent with leave--Senators--None

SSA 1 for SA 4 was again taken up.

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

SA 4 was again taken up.

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

Senator Jacob offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 14, Section 2.295, Line 14, by deleting from said line "$1,945,401,669" and inserting in lieu thereof the following "$1,955,650,410".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Jacob, SA 5 was withdrawn.

Senator Callahan offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 2, Section 2.015, Line 4, by deleting the number "1,799,536,395" and insert in lieu thereof the number "1,803,536,395" and further amend said section, line 5 by deleting the number "372,555,326" and inserting in lieu thereof the number "374,555,326" and further amend said section line 13 by deleting the number "98,880,607" and inserting in lieu thereof the number "106,880,607" and further amend said section line 12 by deleting the number "2,246,588,881" and inserting in lieu thereof the number "2,244,588,881" and further amend said bill section 2.295, line 4 by deleting the number "1,945,401,669" and inserting in lieu thereof the number "1,943,401,669" and amend section and bill totals accordingly.

Senator Callahan moved that the above amendment be adopted.

Senator Stoll offered SSA 1 for SA 6, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 2, Section 2.015, Line 4, by striking the number "$1,799,536,395" and insert in lieu thereof the number "$1,809,536,395"; and

Further amend said section, same page, line 5 by striking the number "$372,555,326" and inserting in lieu thereof the number "$382,555,326"; and

Further amend said section, page 3, line 13, by striking the number "$98,880,607" and inserting in lieu thereof the number "$108,880,607"; and

Further amend said section, page 3, line 12 by striking the number "$2,246,588,881" and inserting in lieu thereof the number "$2,256,588,881"; and

Further amend said bill, section 2.295, page 14, line 4 by striking the number "$1,945,401,669" and inserting in lieu thereof the number "$1,955,401,669".

Senator Stoll moved that the above substitute amendment be adopted.

A quorum was established by the following vote:

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

SSA 1 for SA 6 was again taken up.

A quorum was established by the following vote:

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Dougherty Foster Gibbons 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

SSA 1 for SA 6 was again taken up.

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

SSA 1 for SA 6 failed of adoption by the following vote:

YEAS--Senators
Bland Bray Callahan Caskey
Coleman Days Jacob Kennedy
Mathewson Quick Stoll Wheeler--12
NAYS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Kinder Klindt Loudon Nodler
Russell Scott Shields Steelman
Vogel Yeckel--22
Absent--Senators--None
Absent with leave--Senators--None

SA 6 was again taken up.

Senator Callahan moved that the above amendment be adopted.

Senator Jacob requested a roll call vote be taken on the adoption of SA 6 and was joined in his request by Senators Callahan, Kennedy, Mathewson and Quick.

SA 6 failed of adoption by the following vote:

YEAS--Senators
Bland Bray Callahan Caskey
Coleman Days Jacob Kennedy
Quick Steelman Stoll Wheeler--12
NAYS--Senators
Bartle Cauthorn Champion Childers
Clemens Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Kinder Klindt Loudon Mathewson
Nodler Russell Scott Shields
Vogel Yeckel--22
Absent--Senators--None
Absent with leave--Senators--None

Senator Gross assumed the Chair.

Senator Kennedy offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1002, Page 3, Section 2.025, Line 4: by striking the dollar amount "$3,487,799" and inserting in lieu thereof the following dollar amount "$3,836,579"; and

Further by amending same page, same section, line 6, by striking the dollar amount "$164,719,668" and inserting in lieu thereof the following dollar amount "$165,068,448".

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

SA 7 failed of adoption by the following vote:

YEAS--Senators
Bland Bray Callahan Coleman
Days Jacob Kennedy Quick
Stoll Wheeler--10
NAYS--Senators
Bartle Caskey Cauthorn Champion
Childers Clemens Dolan Foster
Gibbons Goode Griesheimer Gross
Kinder Klindt Loudon Mathewson
Nodler Russell Scott Shields
Steelman Vogel Yeckel--23
Absent--Senator Dougherty--1
Absent with leave--Senators--None

Senator Russell moved that SCS for HS for HCS for HB 1002, as amended, be adopted, which motion prevailed.

On motion of Senator Russell, SCS for HS for HCS for HB 1002, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Callahan Caskey Cauthorn
Champion Childers Clemens Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Kinder Klindt
Loudon Mathewson Nodler Quick
Russell Scott Shields Steelman
Stoll Vogel Yeckel--27
NAYS--Senators
Bland Bray Coleman Days
Jacob Kennedy Wheeler--7
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

RESOLUTIONS

Senator Gibbons offered Senate Resolution No. 1783, regarding the Self-Help Center, Kirkwood, which was adopted.

Senator Quick offered Senate Resolution No. 1784, regarding Angela Rosheim, which was adopted.

Senator Shields offered Senate Resolution No. 1785, regarding Deanna Losson, which was adopted.

COMMUNICATIONS

Senator Griesheimer submitted the following:

April 20, 2004

Terry Spieler

Secretary of the Senate

State Capitol, Room 325

Jefferson City, MO 65101

Dear Terry:

Due to an unforseen problem, pursuant to Senate Rule 45, I respectfully request that House Committee Substitute for House Bills 998 & 905 be removed from the Consent Calendar and sent back to the Senate Committee on Pensions and General Laws.

Thank you for your consideration of my request.

Sincerely,

/s/ John

John E. Griesheimer

INTRODUCTIONS OF GUESTS

Senator Days introduced to the Senate, the Physician of the Day, Dr. George R. Bradbury, M.D., University City.

Senator Scott introduced to the Senate, Dallas County Treasurer Becky Schofield, Buffalo.

Senator Bartle introduced to the Senate, his mother, Kay Bartle, Sandy Nowlin, Jackie Rozeboon and Babs Brooks, Wildwood.

Senator Cauthorn introduced to the Senate, his daughter, Katy Cauthorn and Megan Maxwell, Mexico.

On behalf of Senator Vogel and himself, Senator Gibbons introduced to the Senate, Rev. Jimmy Joe, Papua, New Guinea; and Gretchen Mueller, Steedman.

Senator Russell introduced to the Senate, Mr. Leon, Carefree, and twelve students from the Foreign Language School for Ethnic Minorities, Tibet; Mrs. Dorita Roderick, Mrs. Don Wade, Cindy Chase and Jack Cook, Lebanon; and Randy Simmons, St. Joseph.

Senator Coleman introduced to the Senate, Greg Bell and Josh Finland, St. Louis.

Senator Steelman introduced to the Senate, Phelps County Treasurer Carol Green, Rolla.

Senator Dougherty introduced to the Senate, Chris DeBerry and Kris Hargrove, St. Louis.

Senator Stoll introduced to the Senate, Cathy Whitlock and thirty seventh grade students from Our Lady School, Festus.

Senator Stoll introduced to the Senate, former State Senator Bill McKenna, Lynn Hoff, Dr. Julia Hampton, Sally Borgerson, Jefferson College, Hillsboro; and Caio Behrndt, Sao Paulo, Brazil.

Senator Griesheimer introduced to the Senate, Mayor Dick Stratman, Washington.

Senator Nodler introduced to the Senate, Thang Ho, Sondra Waltz, Beth Page, Kent Farnsworth, Crowder College, Neosho.

Senator Cauthorn introduced to the Senate, Betty Deters, Lois Van Brening, Donna Burt and twenty seventh and eighth grade students from St. Clement School, Bowling Green.

Senator Loudon introduced to the Senate, Vicki Westall and forty-eight eighth grade students and fifteen parents from St. Monica School, St. Louis County; and Jimmy Krupp, Stephanie Weithop, Kelly Schmittgens and Kevin Reinhardt were made honorary pages.

Senator Days introduced to the Senate, Malissa Travis, Wellston; and Malissa was made an honorary page.

Senator Clemens introduced to the Senate, Mr. and Mrs. Lonnie Owens and their children, Austin, Aaron, Ashton and Autumn, Fair Grove; and Aaron, Ashton and Autumn were made honorary pages.

Senator Bray introduced to the Senate, Shirley Greminger and thirty-seven eighth grade students and parents from St. Blaise School, Maryland Heights.

Senator Nodler introduced to the Senate, Ann Laudwig, Dawn Pickering, John Henderson and forty-six fifth grade students from Seneca Elementary School, Seneca.

Senator Caskey introduced to the Senate, Sylvia Eldridge, Ashley Doody, Angie Morrison, Tara White, Tyler Andula, Nikki Peak and Benito Albarado, Rich Hill.

Senator Caskey introduced to the Senate, Theresa Bynum-Owens and her children, Victoria, Christopher and Caroline, Knob Noster; and Victoria, Christopher and Caroline were made honorary pages.

Senator Nodler introduced to the Senate, Lauren Mustoe, Jefferson City.

Senator Caskey introduced to the Senate, Daryl Veach and Debbie Cook, Butler.

On motion of Senator Gibbons, the Senate adjourned until 9:30 a.m., Wednesday, April 21, 2004.

SENATE CALENDAR

______



FIFTY-SIXTH DAY-WEDNESDAY, APRIL 21, 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)

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



SCS for HBs 1071, 801, 1275 &

989-Goodman (Childers)

(In Fiscal Oversight)

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)

(In Fiscal Oversight)



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)

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 (Clemens)

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)