Journal of the Senate

FIRST REGULAR SESSION

TWENTY-SECOND DAY--THURSDAY, FEBRUARY 8, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Great peace have those who love your law; nothing can make them stumble." (Psalm 119:165)

Almighty God, Ruler of the Universe, You have given us guidelines for living life fully in all that we do. Many of the laws we write flow from Your law in order to help guide and protect life for us in Missouri and bring safety to our people. We acknowledge Your blessings to us and give You praise as we finish a week of challenge and change. Watch over our travels through rain and storm this day and bring us safely home to those we love. 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.

Senator Kenney announced that photographers from KOMU-TV and the Audrain Journal were given permission to take pictures and use flash in the Senate Chamber today.

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

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 166, regarding Nicholas Carswell "Nick" Vollmar, DeSoto, which was adopted.

Senator Quick offered Senate Resolution No. 167, regarding Rainey J. Crawford, Kansas City, which was adopted.

Senator Quick offered Senate Resolution No. 168, regarding the One Hundredth Birthday of Kathryn T. Neth, Liberty, which was adopted.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 169

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of one of Kansas City's most distinguished citizens, Mrs. Bernice Conley; and

WHEREAS, Mrs. Conley was a lifelong resident of Kansas City and a lifelong member of Redemptorist Catholic Parish; and

WHEREAS, after serving her community in various capacities, including chair of the Mother's March of Dimes from 1958 to 1966, Mrs. Conley became the first woman elected to a Jackson County office in 1966, when she won the office of County Clerk as a member of the original Committee for County Progress Team; and

WHEREAS, Mrs. Conley achieved another record which stood for many years of being the only woman reelected to County office in 1970 and she became Clerk of the new County Legislature in 1973, was Missouri County Clerk of the year in 1986, and served as national treasurer of the County Clerk's Association; and

WHEREAS, Mrs. Conley retired in 1991 after 24 years service as the longest serving County Clerk in Missouri with a distinguished record unmatched in her time; and

WHEREAS, Mrs. Conley and her husband, Jack Conley, were married for 47 years and had three outstanding children; and

WHEREAS, Mrs. Conley was a charming and gracious lady who loved Kansas City and Jackson County and was most of all a devoted wife, mother and grandmother in whose heart and love her family always came first:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of a great and distinguished lady of Kansas City and Jackson County, Mrs. Bernice Conley, express their appreciation for her lifetime of good citizenship and her contributions to Kansas City, Jackson County and Missouri, and extend to her family and many friends most sincere sympathy on her death; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the family of Mrs. Bernice Conley, for the Jackson County Legislature and for the Redemptorist Catholic Church.

CONCURRENT RESOLUTIONS

Senators Yeckel, Steelman and Stoll offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 15

WHEREAS, the members of the Ninety-First General Assembly recognize that in recent years, voter participation has stagnated and the available pools of qualified election judges has diminished; and

WHEREAS, one idea to address these concerns is to make the general election day a national holiday; and

WHEREAS, recognizing that the sacrifice made by our men and women in the armed services to protect our democracy deserve recognition; and

WHEREAS, making the general election day a national holiday will assist in providing more election judges and other election day assistance:

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate, Ninety-first General Assembly, First Regular Session, the House of Representatives concurring therein, unanimously recommend to the United States Congress that it enact legislation making national general elections a national holiday to be observed on the first Tuesday after the first Monday in November; and

BE IT FURTHER RESOLVED that our nation's observance of Veteran's Day should coincide with this date; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and all Missouri members of the Missouri Congressional delegation.

Senators Yeckel, Steelman, Stoll, Klindt, Rohrbach and Westfall offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 16

WHEREAS, the members of the Missouri Senate recognize the problems our nation's military personnel experience to exercise their right to vote; and

WHEREAS, for those military personnel living overseas, timely notice of elections back home can be problematic for both those on active duty and their families; and

WHEREAS, as reports from Florida indicate, many military personnel are unable to return their ballots to local election authorities in a timely manner; and

WHEREAS, it is unconscionable that we would disenfranchise the very individuals who put their lives on the line to protect our democratic right to vote:

NOW, THEREFORE, BE IT RESOLVED that the Missouri Senate, Ninety-first General Assembly, First Regular Session, the House of Representatives concurring therein, unanimously recommend to the United States Congress that it review challenges faced by our military personnel and enact a comprehensive Military Voting Rights Act; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the members of the Missouri Congressional Delegation.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 441-By Caskey.

An Act to repeal section 95.280, RSMo 2000, relating to cities of the third classification, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 442-By Caskey.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates for Safari Club International.

SB 443-By Staples.

An Act to repeal section 306.165, RSMo 2000, relating to water patrol officers, and to enact in lieu thereof one new section relating to the same subject with an emergency clause.

SB 444-By Staples.

An Act to repeal sections 306.010, 306.016, 306.100, 306.112, 306.114, 306.116, 306.117, 306.119, 306.124, 306.125, 306.126, 306.142 and 306.165, RSMo 2000, relating to watercraft regulations, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and an emergency clause for a certain section.

SB 445-By Singleton.

An Act to repeal section 376.383, RSMo 2000, relating to health insurance carriers, and to enact in lieu thereof two new sections relating to the same subject.

SB 446-By Singleton.

An Act to amend chapter 331, RSMo, by adding thereto one new section relating to chiropractors, with penalty provisions.

SB 447-By Carter.

An Act to repeal section 160.518, RSMo 2000, relating to performance assessment for certain students, and to enact in lieu thereof one new section relating to the same subject.

SB 448-By Sims, Bentley, Steelman, Yeckel, Carter and Bland.

An Act to repeal section 208.151, RSMo 2000, relating to breast cancer, and to enact in lieu thereof one new section relating to the same subject.

SB 449-By Sims.

An Act to repeal section 660.050, RSMo 2000, relating to the division of aging, and to enact in lieu thereof two new sections relating to the same subject.

SB 450-By Goode.

An Act to repeal sections 142.803, 144.020, 144.440, 226.200, 301.055, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067, 301.069 and 302.735, RSMo 2000, relating to transportation funding, and to enact in lieu thereof fourteen new sections relating to the same subject, with a referendum clause.

SB 451-By Goode.

An Act to repeal section 640.665, RSMo 2000, relating to the energy set-aside program fund, and to enact in lieu thereof one new section relating to the same subject.

SB 452-By DePasco, Carter, Wiggins, Bland, Goode, Sims, Dougherty, Bentley and Stoll.

An Act to repeal sections 213.010, 213.030, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070 and 213.101, RSMo 2000, relating to human rights, and to enact in lieu thereof nine new sections relating to the same subject.

SB 453-By Dougherty, Carter and Kenney.

An Act to amend chapter 135, RSMo, relating to tax relief by adding thereto one new section relating to the same subject.

SB 454-By Kinder.

An Act to amend chapter 196, RSMo, by adding thereto nine new sections relating to the establishment of the Missouri tobacco settlement attorney fee trust fund, with an emergency clause.

SB 455-By Kinder, Scott, Kenney and Gross.

An Act to repeal sections 153.030 and 153.034, RSMo 2000, and to enact in lieu thereof ten new sections relating to the transfer of generation assets by electric utilities to affiliated entities and the development of new utility rate options for retail customers.

SB 456-By Stoll.

An Act to amend chapter 610, RSMo, by adding thereto one new section relating to disclosures to parents of postsecondary education students.

SB 457-By Stoll.

An Act to repeal sections 163.011 and 163.031, RSMo 2000, and to enact in lieu thereof two new sections relating to state school aid to school districts.

Senator Rohrbach assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Consuelo "Connie" Washington, as a member of the Tourism Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Carter moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Manuel T. Pacheco, as a member of the Midwestern Higher Education Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Jacob moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of George V. Boyle, as a member of the Missouri Planning Council on Developmental Disabilities, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Jacob moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Laurel A. Bondi, as a member of the State Board of Podiatric Medicine, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Caskey moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Carol Russell Fischer, as Director of the Department of Revenue, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Rohrbach, Senator Klarich moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Senator Kenney, 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 SB 86, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after exam-ination of SB 110, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 151, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 111, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 66, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

COMMITTEE APPOINTMENTS

President Pro Tem Kinder submitted the following:

February 8, 2001

Ms. Terry Spieler

Secretary of Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

This is to inform you that I have appointed Senator Ronnie DePasco to the Gubernatorial Appointments Committee.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

Also,

February 8, 2001

Ms. Terry Spieler

Secretary of Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

This is to inform you that I have appointed Senator Roseann Bentley to the Gubernatorial Appointments Committee.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

February 8, 2001

Ms. Terry Spieler

Secretary of Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

By copy of this letter, I am changing the meeting time of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections from its current time slot of 11:00 a.m. on Wednesday to 2:00 p.m. on Mondays in the Senate Lounge. I am also changing the meeting time of the Committee on Agriculture, Conservation, Parks and Tourism to 8:30 a.m. on Thursday in hearing room SCR 1.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

REFERRALS

President Pro Tem Kinder referred SCR 14 to the Committee on Rules, Joint Rules, Resolutions and Ethics

President Pro Tem Kinder referred SB 256 to the Committee on State Budget Control.

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

Senator Westfall, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which were referred SB 89 and SB 37, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Klarich, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President: Your Committee on Judiciary, to which were referred SB 39 and SB 269, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Education, to which was referred SB 97, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 97, Page 1, Section 160.560, Line 6, by striking "interpretation" and inserting in lieu thereof the following: "integration".

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 184, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Local Government and Economic Development, to which were referred SB 323 and SB 230, 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 226, 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 Environment, submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 220, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Gibbons, Chairman of the Committee on Ways and Means, submitted the following reports:

Mr. President: Your Committee on Ways and Means, to which were referred SB 67 and SB 40, 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 Ways and Means, to which was referred SB 65, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Rohrbach, Chairman of the Committee on Insurance and Housing, submitted the following report:

Mr. President: Your Committee on Insurance and Housing, to which was referred SB 317, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Gross, Chairman of the Committee on Pensions and General Laws, submitted the following reports:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 50, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 253 and SB 260, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printing:

SB 458-By Caskey.

An Act to repeal sections 191.905, 252.235, 569.095, 569.097, 569.099, 570.020, 570.080, 570.085, 570.120, 570.125, 570.130, 570.210, 570.300, 578.150, 578.377, 578.379, 578.381 and 578.385, RSMo 2000, relating to felony stealing limit, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions.

SB 459-By Westfall.

An Act to repeal sections 142.803 and 226.200, RSMo 2000, relating to funding for transportation, and to enact in lieu thereof two new sections relating to the same subject, with a referendum clause.

Senator Kenney announced that photographers from the Associated Press were given permission to take pictures in the Senate Chamber today.

RESOLUTIONS

Senator Gross offered Senate Resolution No. 170, regarding Valerie Maxwell, Pattonville R-III School District, which was adopted.

COMMUNICATIONS

Senator Kenney submitted the following:

February 8, 2001

Ms. Terry Spieler

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members were present and voted unanimously to approve the Greater Kansas City Republican Caucus.

A list of members is attached.

Sincerely,

/s/ Bill Kenney

Senator Bill Kenney

/s/ Bill Kenney

Senator Bill Kenney-Dist. 8

/s/ Matt Bartle

Representative Matt Bartle-Dist. 56

/s/ Connie J. Cierpiot

Representative Connie Cierpiot-Dist. 52

/s/ Ed Hartzler

Representative Ed Hartzler-Dist. 123

/s/ Pat Kelley

Representative Pat Kelley-Dist. 47

/s/ Don Lograsso

Representative Don Lograsso-Dist. 54

/s/ Rex Rector

Representative Rex Rector-Dist. 124

/s/ Annie Reinhart

Representative Annie Reinhart-Dist. 34

/s/ Luann Ridgeway

Representative LuAnn Ridgeway-Dist. 35

/s/ C Ross

Representative Carson Ross-Dist. 55

/s/ Susan Phillips

Representative Susan Phillips-Dist. 32

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Dr. Herbert Haupt, Chesterfield.

Senator Staples introduced to the Senate, Leo Warren, Oregon County.

Senator Caskey introduced to the Senate, Steve Oldfield, Adrian.

Senator Foster introduced to the Senate, Robbie Myers, Poplar Bluff.

Senator Kinder introduced to the Senate, Rex Rust, Cape Girardeau.

Senator Klarich introduced to the Senate, fourth grade students from Fifth Street Elementary School, Washington.

Senator Klarich introduced to the Senate, Joy Gerstein, Washington.

Senator Caskey introduced to the Senate, Jim Meara and John Seabaugh, Harrisonville.

Senator Loudon introduced to the Senate, the Physician of the Day, Dr. Lanny Turner, M.D., and his son, Travis, St. Louis.

On behalf of Senator Kinder, the President introduced to the Senate, Senator Daniel Webster, Kathy Macris and Brecht Hutchins, Florida.

Senator Kenney introduced to the Senate, Carol Sullins, Dana Cash and Representative Connie Cierpiot, Kansas City.

On motion of Senator Kenney, the Senate adjourned until 4:00 p.m., Monday, February 12, 2001.

SENATE CALENDAR

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TWENTY-THIRD DAY-MONDAY, FEBRUARY 12, 2001

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS