Journal of the Senate

FIRST REGULAR SESSION

TWENTY-THIRD DAY--MONDAY, FEBRUARY 12, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Thus says the Lord, I sought for anyone among them who would repair the wall and stand in the breach before me on behalf of the land, so that I would not destroy it; but I found no one. (Ezekiel 22:30)

Gracious God, we begin another new week with much that must be done, bills to be repaired, resolutions to be firmed up and relationships to be mended. We need Your guidance and call to be about all we must do for this land of Missouri and the people who dwell here. Strengthen our resolve and provide us the energy we need to do all we must before You on behalf of our people. 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, February 8, 2001, was read and approved.

Senator Kenney announced that photographers from Channel 4, KOMU-TV and KRCG-TV were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 171, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bob Powell, Buckner, which was adopted.

Senator Kenney offered Senate Resolution No. 172, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenneth Chun-Ming, Independence, which was adopted.

Senator Kenney offered Senate Resolution No. 173, regarding the Seventy-first Wedding Anniversary of Mr. and Mrs. Carl Huntsucker, Independence, which was adopted.

Senator Rohrbach offered Senate Resolution No. 174, regarding the Reverend James Donald Cooper, Tipton, which was adopted.

Senator Kenney offered Senate Resolution No. 175, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Harry Waterhouse, Independence, which was adopted.

Senator Childers offered Senate Resolution No. 176, regarding Professor Sherman Dean Henry, Ph.D., Branson, which was adopted.

Senator Schneider offered Senate Resolution No. 177, regarding Chief Robert J. Bindbeutel, Ferguson, which was adopted.

On behalf of Senator Carter, Senator Quick offered Senate Resolution No. 178, regarding Mr. David Nausley and Mr. Mack Ellington, St. Louis, which was adopted.

On behalf of Senator Carter, Senator Quick offered Senate Resolution No. 179, regarding Mr. Matt Alexander, St. Louis, which was adopted.

Senator Kinder offered Senate Resolution No. 180, regarding the St. Mary's University Basketball Team from St. Mary's University, San Antonio, Texas, which was adopted.

Senator Loudon offered Senate Resolution No. 181, regarding Sue Talton, St. Louis, which was adopted.

Senator Kenney offered Senate Resolution No. 182, regarding Dane Vincent Montgomery, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 183, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John Bush, Independence, which was adopted.

Senator Jacob offered Senate Resolution No. 184, regarding Skip DuCharme, Columbia, which was adopted.

Senator Wiggins offered Senate Resolution No. 185, regarding the death of Thomas Vincent Clune, Kansas City, which was adopted.

Senator Staples, joined by the entire membership of the Senate, offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 186

WHEREAS, the members of the Missouri Senate always welcome the opportunity to acknowledge notable achievements in the professional careers of former Show-Me State high school athletes who have subsequently attained fame on national and international fields of competition; and

WHEREAS, Kyle Davis Richardson played defensive back, punter, kicker, and receiver as a three-year starter and All-conference/All-region member of the football team at Farmington High School in Missouri's St. Francois County where he also garnered basketball and track honors; and

WHEREAS, a walk-on player at Arkansas State University his freshman year, Kyle Richardson walked off four years later with the most punts, 274, and most yards, 10,917, in school history; and

WHEREAS, playing with the Rhein Fire of the World League for the 1996 season, Kyle Richardson entered the National Football League (NFL) when he signed with Miami on September 3, 1997, and then with Seattle on November 14; and

WHEREAS, Kyle Richardson saw action in five games while on the Miami and Seattle teams during which time he established greater-than-forty-yard averages and demonstrated his propensity for dropping punts inside the 20-yard line; and

WHEREAS, joining the Baltimore Ravens squad as a free agent for the 1998 season, Kyle Richardson immediately got down to work setting seven Ravens punting records and landing nearly one-third of his punts inside the 20, much to the consternation of opposing receivers who often opted for fair catches rather than attempt the herculean task of gaining ground from such a miserable position; and

WHEREAS, leading the NFL in 2000 for the second straight year with 35 punts inside the 20, Kyle Richardson continues to demonstrate a tremendous tenacity and the ability to scramble successfully after poor hikes and to perform wonderfully under less-than-ideal conditions in mud and rain:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously to applaud the exceptional athletic record of native Missourian Kyle Richardson and to convey to him this legislative body's tremendous pride in his accomplishments in the world of professional football together with our best wishes for continued success; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in honor of Baltimore Ravens Kyle Davis Richardson.

Senator Kenney offered the following resolution:

SENATE RESOLUTION NO. 187

Notice of Proposed Rule Change

BE IT RESOLVED by the Senate of the Ninety-First General Assembly, First Regular Session, that Senate Rule 45 be amended to read as follows:

"Rule 45. There shall be a senate consent calendar. The sponsor of a senate bill shall first give notice of desire to have a bill placed upon the senate consent calendar by filing in writing, with the chairman of the committee to which the bill was referred, a notice of intent one day prior to a committee hearing. The notice of intent shall set forth the nature of the legislation, the fact that it is not a controversial bill, and a request that the senate committee recommend that the bill be placed upon the consent calendar. A bill shall not be considered as consent if it increases net expenditures of the state by more than $100,000, reduces net revenue of the state by more than $100,000 [or if it contains penalty provisions], increases an existing civil or criminal penalty or if it creates a new civil or criminal penalty. The bill will go to the senate consent calendar if, a quorum being present, it receives a unanimous affirmative vote of do pass by all members present at the senate committee to which the bill was referred, and there is thereafter a motion made and unanimously carried by affirmative vote of all those present that it be placed upon the consent calendar. Any bill approved by committee, for consent, may be reported to the consent calendar at any time the Senate goes to the order of business of committee reports. When a bill is placed upon the consent calendar, third reading shall not commence until the fifth legislative day. During this four-day period, starting with the first day the bill appears on the consent calendar in the Journal any member or the Committee on Rules, Joint Rules and Resolutions may, by filing written objection, direct that it be returned to the senate committee from which it was reported for action in accordance with the rules of the senate. A bill placed upon the senate consent calendar shall not be subject to amendment, except for committee amendments, and after the committee amendments have been disposed of shall be third read as though it had previously been perfected. If returned to committee, the chairman may report the bill to the senate at the next time that order of business is taken up, without further action of the committee. No senate bill may be placed on the consent calendar after March fifteenth and no house bill shall be placed on the consent calendar after April fifteenth.".

INTRODUCTION OF BILLS

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

SB 460-By Klarich.

An Act to repeal section 144.815, RSMo 2000, relating to sales tax exemptions, and to enact in lieu thereof one new section relating to the same subject.

SB 461-By Mathewson.

An Act to amend chapter 196, RSMo, by adding thereto one new section relating to beverage manufacturers.

SB 462-By Westfall.

An Act to repeal sections 274.060 and 409.401, RSMo 2000, and to enact in lieu thereof two new sections relating to cooperative marketing associ-ations.

SB 463-By Westfall and Childers.

An Act to repeal sections 137.073, 143.011, 143.071, 144.020, 144.021, 144.440, 144.700, 144.701, 163.011, 163.021, 163.022, 163.031, 163.032, 163.087, 163.172, 164.011, 164.013 and 165.011, RSMo 2000, and to enact in lieu thereof fourteen new sections relating to school funds, with a referendum clause.

SB 464-By Dougherty and Sims.

An Act to repeal section 210.170, RSMo 2000, relating to the children's trust fund board, and to enact in lieu thereof one new section relating to the same subject.

SB 465-By Dougherty, Sims and Bentley.

An Act to repeal section 630.605, RSMo 2000, relating to mental health, and to enact in lieu thereof one new section relating to the same subject.

SB 466-By Dougherty.

An Act to amend chapter 168, RSMo, by adding thereto one new section relating to national teacher certification incentives.

SB 467-By House.

An Act to repeal sections 143.241, 143.711, 144.157 and 144.220, RSMo 2000, relating to state income and sales tax assessments, and to enact in lieu thereof four new sections relating to the same subject.

SB 468-By Kenney.

An Act to amend chapter 145, RSMo, by adding thereto one new section relating to estate taxes.

SB 469-By Gross, Klarich and House.

An Act to repeal sections 92.045, 305.510 and 305.515, RSMo 2000, relating to the Missouri- St. Louis Metropolitan Airport Authority, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

MESSAGES FROM THE GOVERNOR

The following message was received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 9, 2001

TO THE SENATE OF THE 91st 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 5, 2001 for your advice and consent:

John F. Bass, Democrat, 4841 Margaretta, St. Louis City, Missouri 63115, as a member of the Coordinating Board for Higher Education, for a term ending June 27, 2006, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

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.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

February 12, 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 Ways & Means from its current time slot of 4:00 p.m. on Tuesday to 8:00 p.m. on Tuesday in the Senate Lounge.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

THIRD READING OF SENATE BILLS

SB 41, with SCS, introduced by Senator Kenney, et al, entitled:

An Act to amend chapter 172, RSMo, by adding thereto five new sections relating to the University of Missouri.

Was called from the Consent Calendar and taken up.

SCS for SB 41, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 41

An Act to amend chapter 172, RSMo, by adding thereto five new sections relating to the University of Missouri.

Was taken up.

Senator Kenney moved that SCS for SB 41 be adopted, which motion prevailed.

On motion of Senator Kenney, SCS for SB 41 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 178, with SCS, introduced by Senators Schneider and Rohrbach, entitled:

An Act to repeal sections 355.131, 448.2-117, 448.3-102 and 448.3-106, RSMo 2000, relating to ownership of property, and to enact in lieu thereof four new sections relating to the same subject.

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

SCS for SB 178, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 178

An Act to repeal section 448.3-106, RSMo 2000, relating to ownership of property, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Schneider moved that SCS for SB 178 be adopted, which motion prevailed.

On motion of Senator Schneider, SCS for SB 178 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 13, with SCS, introduced by Senator Russell, entitled:

An Act to repeal section 301.144, RSMo 2000, as enacted by senate bill no. 3, eighty-eighth general assembly, first regular session, and section 301.144, RSMo 2000, as enacted by senate bill no. 70, eighty-eighth general assembly, first regular session, relating to motor vehicle license plates, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 13, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 13

An Act to repeal section 301.144 as enacted by house committee substitute for senate substitute for senate bill no. 3, eighty-eighth general assembly, first regular session, section 301.144 as enacted by conference committee substitute for house substitute for house committee substitute for senate substitute for senate bill no. 70, eighty-eighth general assembly, first regular session and section 301.441, relating to motor vehicle license plates, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Russell moved that SCS for SB 13 be adopted, which motion prevailed.

On motion of Senator Russell, SCS for SB 13 was read the 3rd time and passed by the following vote:

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

SB 142, introduced by Senator Childers, entitled:

An Act to repeal section 301.464, RSMo 2000, relating to license plates, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Childers, SB 142 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 86, introduced by Senator Rohrbach, entitled:

An Act to repeal sections 64.170 and 64.180, RSMo 2000, relating to building codes in certain counties, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

On motion of Senator Rohrbach, SB 86 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Senator Klarich assumed the Chair.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 123 be taken up for perfection, which motion prevailed.

Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 123, Page 2, Section 21.750, Line 34, by inserting after the word "warranty" the words: "or negligent manufacture or defective design, or for an unreasonably dangerous activity".

Senator Schneider moved that the above amendment be adopted.

At the request of Senator Kinder, SB 123, with SA 1 (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and 1,000 copies ordered printed:

SB 470-By Goode, Russell and Schneider.

An Act to amend chapter 8, RSMo, by adding thereto three new sections relating to the second state capitol commission.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Trans-portation, to which was referred SB 275, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 185, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 224, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 10, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Singleton, Chairman of the Committee on Public Health and Welfare, submitted the following reports:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 136, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 216, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 219, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

On behalf of Senator Klarich, Chairman of the Committee on Judiciary, Senator Kenney submitted the following reports:

Mr. President: Your Committee on Judiciary, to which was referred SB 258, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Judiciary, to which was referred SB 304, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 252, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 274, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 301, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

SECOND READING OF SENATE BILLS

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

SB 403--Ways and Means.

SB 404--Judiciary.

SB 405--Transportation.

SB 406--Transportation.

SB 407--Transportation.

SB 408--Local Government and Economic Development.

SB 409--Ways and Means.

SB 410--Aging, Families and Mental Health.

SB 411--Judiciary.

SB 412--Insurance and Housing.

SB 413--Pensions and General Laws.

SB 414--Civil and Criminal Jurisprudence.

SB 415--Commerce and Environment.

SB 416--Labor and Industrial Relations.

SB 417--Judiciary.

SB 418--Judiciary.

SB 419--Insurance and Housing.

SB 420--Local Government and Economic Development.

SB 421--Transportation.

SB 422--Commerce and Environment.

SB 423--Education.

SB 424--Insurance and Housing.

SB 425--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 426--Civil and Criminal Jurisprudence.

SB 427--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 428--Labor and Industrial Relations.

SB 429--Education.

SB 430--Local Government and Economic Development.

SB 431--Local Government and Economic Development.

SB 432--Commerce and Environment.

SB 433--Pensions and General Laws.

SB 434--Public Health and Welfare.

SB 435--Transportation.

SB 436--Transportation.

SB 437--Judiciary.

SB 438--Education.

SB 439--Civil and Criminal Jurisprudence.

SB 440--Civil and Criminal Jurisprudence.

SB 441--Local Government and Economic Development.

SB 442--Transportation.

SB 443--Civil and Criminal Jurisprudence.

SB 444--Transportation.

SB 445--Public Health and Welfare.

SB 446--Public Health and Welfare.

SB 447--Education.

SB 448--Public Health and Welfare.

SB 449--Aging, Families and Mental Health.

SB 450--Transportation.

SB 451--Commerce and Environment.

SB 452--Judiciary.

SB 453--Ways and Means.

SB 454--Pensions and General Laws.

SB 455--Pensions and General Laws.

SB 456--Education.

SB 457--Education.

SB 458--Civil and Criminal Jurisprudence.

SB 459--Transportation.

SJR 14--Transportation.

REFERRALS

President Pro Tem Kinder referred SCR 15 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

President Pro Tem Kinder referred SCR 16 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

February 7, 2001

Dear Mr. President Pro Tem,

Please accept this letter of resignation from your Committee on Civil and Criminal Jurisprudence. While I appreciate having been appointed to this committee, I find that the demands necessary to

fulfill my duties of serving on numerous other committees of the Senate require me to relinquish this assignment.

Respectfully,

/s/ David Klindt

David Klindt

State Senator

District 12

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

SENATE CALENDAR

______

TWENTY-FOURTH DAY-TUESDAY, FEBRUARY 13, 2001

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

THIRD READING OF SENATE BILLS

SB 256-Caskey

(In Budget Control)

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/5

Reported 2/6

Reported 2/12

RESOLUTIONS

Reported from Committee

Requests to Recede or Grant Conference

SS for SCR 2-Singleton,

with HCS

(Senate requests House

recede or grant conference)