Journal of the Senate

FIRST REGULAR SESSION

THIRTY-FIFTH DAY--MONDAY, MARCH 5, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"To think too quickly of prayer as a matter of words can be a most discouraging thing." (Alan Ecclestone)

Gracious God, we sometimes are so concerned with what to say we interfere with what You might say through us. Let our days begin and end in quiet contemplation. Help us to open the channel between our spirits and Yours. Help us to be thoughtful to what You encourage us to express, not so much in words but in action and feeling. Help us serve You this week in this chamber as those called to serve. 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, March 1, 2001, was read and approved.

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

	Present--Senators
Bentley	Bland	Carter	Caskey
Cauthorn	Childers	DePasco	Dougherty
Foster	Gibbons	Goode	Gross
House	Jacob	Johnson	Kenney
Kinder	Klarich	Klindt	Loudon
Mathewson	Quick	Rohrbach	Russell
Schneider	Scott	Sims	Singleton
Staples	Steelman	Stoll	Westfall
Wiggins	Yeckel--34
	Absent with leave--Senators--None
	The Lieutenant Governor was present.

RESOLUTIONS

Senator Cauthorn offered Senate Resolution No. 286, regarding Dr. V. M. "Mac" Wilt, Paris, which was adopted.

Senator Cauthorn offered Senate Resolution No. 287, regarding the One Hundredth Birthday of Mary Ann Watson, Atlanta, which was adopted.

Senator Bentley offered Senate Resolution No. 288, regarding Christopher A. Jennings, Jefferson City, which was adopted.

Senator Sims offered Senate Resolution No. 289, regarding David Charles Knes, St. Ann, which was adopted.

Senator Sims offered Senate Resolution No. 290, regarding Doris Smith, St. Louis, which was adopted.

Senator Johnson offered Senate Resolution No. 291, regarding the Platte County R-III School District's 1A-2A Champion Pirate wrestling program.

Senator Rohrbach offered Senate Resolution No. 292, regarding Father Donald Lammers, Jefferson City, which was adopted.

Senator Sims offered Senate Resolution No. 293, regarding Children's Hope International, which was adopted.

Senator DePasco offered Senate Resolution No. 294, regarding Adam Laughlin, Independence, which was adopted.

Senator Caskey offered Senate Resolution No. 295, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Billy G. Cain, Butler, which was adopted.

THIRD READING OF SENATE BILLS

SB 348, introduced by Senator Sims, entitled:

An Act to repeal section 475.083, RSMo 2000, relating to guardianship of children, 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 Sims, SB 348 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Carter	Caskey	Cauthorn	Childers
DePasco	Dougherty	Foster	Gibbons
Goode	House	Jacob	Johnson
Kenney	Klarich	Klindt	Loudon
Mathewson	Rohrbach	Russell	Scott
Sims	Singleton	Staples	Steelman
Westfall	Wiggins	Yeckel--27
	NAYS--Senators--None
	Absent--Senators
Bentley	Bland	Kinder	Quick
Schneider	Stoll--6
	Absent with leave--Senator Gross--1

The President declared the bill passed.

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

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

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

SB 352, with SCS, introduced by Senator Johnson, entitled:

An Act to amend chapter 94, RSMo, by adding thereto one new section relating to capital improvements.

Was called from the Consent Calendar and taken up.

SCS for SB 352, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 352

An Act to amend chapter 94, RSMo, by adding thereto one new section relating to capital improvements.

Was taken up.

Senator Johnson moved that SCS for SB 352 be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for SB 352 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bentley	Carter	Caskey	Cauthorn
Childers	DePasco	Dougherty	Foster
Gibbons	Goode	House	Jacob
Johnson	Kenney	Kinder	Klarich
Klindt	Loudon	Mathewson	Quick
Rohrbach	Russell	Scott	Sims
Singleton	Staples	Steelman	Stoll
Westfall	Wiggins	Yeckel--31
	NAYS--Senators--None
	Absent--Senators
Bland	Schneider--2
	Absent with leave--Senator Gross--1

The President declared the bill passed.

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

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

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

SB 365, introduced by Senator Steelman, entitled:

An Act to repeal section 67.1360, RSMo 2000, relating to tourism taxes, 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 Steelman, SB 365 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bentley	Carter	Caskey	Cauthorn
Childers	DePasco	Dougherty	Foster
Gibbons	Goode	House	Jacob
Johnson	Kenney	Kinder	Klarich
Klindt	Loudon	Mathewson	Quick
Rohrbach	Russell	Scott	Sims
Singleton	Staples	Steelman	Stoll
Westfall	Wiggins	Yeckel--31
	NAYS--Senators--None
	Absent--Senators
Bland	Schneider--2
	Absent with leave--Senator Gross--1

The President declared the bill passed.

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

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

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

SB 394, introduced by Senator Bentley, entitled:

An Act to authorize the conveyance of certain property between the board of governors of Southwest Missouri State University and the Southwest Missouri Ecumenical Center.

Was called from the Consent Calendar and taken up.

On motion of Senator Bentley, SB 394 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bentley	Carter	Caskey	Cauthorn
Childers	DePasco	Dougherty	Foster
Gibbons	Goode	House	Jacob
Johnson	Kenney	Kinder	Klarich
Klindt	Loudon	Mathewson	Quick
Rohrbach	Russell	Scott	Sims
Singleton	Staples	Steelman	Stoll
Westfall	Wiggins	Yeckel--31
	NAYS--Senators--None
	Absent--Senators
Bland	Schneider--2
	Absent with leave--Senator Gross--1

The President declared the bill passed.

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

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

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

Senator Sims assumed the Chair.

SB 293, with SCA 1, introduced by Senator Steelman, entitled:

An Act to amend chapter 620, RSMo, by adding thereto one new section relating to advisory committee for electronic commerce.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Steelman, SB 293, as amended, was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bentley	Bland	Carter	Caskey
Cauthorn	Childers	DePasco	Dougherty
Foster	Gibbons	Goode	House
Jacob	Johnson	Kenney	Kinder
Klarich	Klindt	Loudon	Mathewson
Quick	Scott	Sims	Singleton
Staples	Steelman	Stoll	Westfall
Wiggins	Yeckel--30
	NAYS--Senator Rohrbach--1
	Absent--Senators
Russell	Schneider--2
	Absent with leave--Senator Gross--1

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

At the request of Senator Goode, SB 226, with SCS, was placed on the Informal Calendar.

Senator Kinder moved that SB 220 be taken up for perfection, which motion prevailed.

Senator Kinder offered SS for SB 220, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 220

An Act to repeal sections 28.600, 28.603, 28.606, 28.609, 28.612, 28.615, 28.618, 28.621, 28.624, 28.627, 28.630, 28.633, 28.636, 28.639, 28.642, 28.645, 28.648, 28.651, 28.654, 28.657, 28.660, 28.663, 28.666, 28.669, 28.672, 28.675 and 28.678, RSMo 2000, and section 28.681 as enacted by senate bill 680 during the second regular session of the eighty-ninth general assembly, relating to the uniform electronic transactions act, and to enact in lieu thereof seventeen new sections relating to the same subject.

Senator Kinder moved that SS for SB 220 be adopted.

At the request of Senator Kinder, SB 220, with SS (pending), was placed on the Informal Calendar.

SB 67 and SB 40, with SCS, were placed on the Informal Calendar.

SB 65, with SCS, was placed on the Informal Calendar.

Senator Stoll moved that SB 317, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 317, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 317

An Act to repeal sections 700.015, 700.025, 700.045, 700.050, 700.090 and 700.100, RSMo 2000, relating to manufactured housing, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Stoll moved that SCS for SB 317 be adopted.

Senator Kenney offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 317, Page 1, In the Title, Line 3, by striking the word "manufactured"; and

Further amend said bill and page, Section A, Line 4, by inserting immediately after said line the following:

"324.700. As used in sections 324.700 to 324.745, unless the context provides otherwise, the following terms shall mean:

(1) "Division", the division of motor carrier and railroad safety;

(2) "House", a dwelling or other structure intended for human habitat in excess of fourteen feet in width. A house does not include a manufactured home as defined in section 700.010, RSMo, or a modular unit;

(3) "Housemover", a person actively engaged on a full-time basis in the intrastate movement of houses on public roads and highways of this state;

(4) "Housemoving", engaging actively and directly on a full-time basis in the intrastate movement of houses on public roads and highways of this state;

(5) "Person", an individual, corporation, partnership, association or any other business entity.

324.703. All persons who engage in the business of housemoving on the roads and highways of this state shall be licensed by the division of motor carrier and railroad safety.

324.706. The division shall issue licenses to applicants meeting the following conditions:

(1) The applicant must be at least eighteen years of age, possess a valid commercial driver's license and have at least twenty-four months experience in moving houses;

(2) The applicant must furnish proof that all of the vehicles to be used in the movement of houses have met the requirements of sections 307.350 to 307.400, RSMo, or its equivalent pertaining to the inspection of motor vehicles;

(3) The applicant must exhibit his federal employer's identification number; and

(4) The applicant must pay an annual license fee of one hundred dollars. All moneys received for housemover licenses shall be paid to and collected by the division of motor carrier and railroad safety and transmitted to the director of revenue and deposited in the state treasury to the credit of the state highways and transportation fund as established in section 226.200, RSMo.

324.709. A license issued pursuant to sections 324.700 to 327.742 shall be effective for a period of one year from the date of issuance and shall be renewable on an annual basis.

324.712. 1. No license shall be issued or renewed unless the applicant files with the division a certificate or certificates of insurance from an insurance company or companies authorized to do business in this state. The applicant must demonstrate that he or she has:

(1) Motor vehicle insurance for bodily injury to or death of one or more persons in any one accident and for injury or destruction of property of others in any one accident with minimum amount of coverage established by the division by rule;

(2) Comprehensive general liability insurance with a minimum level of coverage established by the division by rule, including coverage of operations on state streets and highways that are not covered by motor vehicle insurance; and

(3) Workers' compensation insurance that complies with chapter 287, RSMo, for all employees.

2. The certificate or certificates shall provide for continuous coverage during the effective period of the license issued pursuant to this section. At the time the certificate is filed, the applicant shall also file with the division a current list of all motor vehicles covered by the certificate. The applicant shall file amendments to the list within fifteen days of any changes.

3. An insurance company issuing any insurance policy required by this section shall notify the division of any of the following events at least thirty days before its occurrence:

(1) Cancellation of the policy;

(2) Nonrenewal of the policy by the company; or

(3) Any change in the policy.

4. In addition to all coverages required by this section, the applicant shall file with the division a copy of either:

(1) A bond or other acceptable surety providing coverage in the amount of fifty thousand dollars for the benefit of a person contracting with the housemover to move that person's house for all claims for property damage arising from the movement of a house; or

(2) A policy of cargo insurance in the amount of one hundred thousand dollars.

324.715. 1. Persons licensed as housemovers shall also be required to secure a special permit, as provided for pursuant to section 304.200, RSMo, from the chief engineer of the department of highways and transportation for every move undertaken on the state highway system.

2. A license shall not be required for individuals moving their own houses from or to property owned individually by those person; however, a special permit will be required for all moves.

324.742. Any person violating sections 324.700 to 324.745 or the regulations of the division or department of transportation shall be guilty of a class A misdemeanor.

324.745. 1. If any provisions of sections 324.700 to 324.745, or if the application of such provisions to any person or circumstance shall be held invalid, the remainder of this section and the application of such provision of sections 324.700 to 324.745 other than those as to which it is held valid, shall not be affected thereby.

2. Nothing in sections 324.700 to 324.745 shall be construed to limit, modify or supercede the standards governing the intrastate or interstate movement of property pursuant to 49 U.S.C. 14501 or 49 U.S.C. 14504.

3. The provisions of sections 324.700 to 324.745 shall not apply to housemovers engaged in the interstate movement of houses. Those engaged in the interstate movement of houses, however, shall comply with all applicable provisions of federal and state law with respect to the movement of such property."; and

Further amend the title and enacting clause accordingly.

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

Senator Stoll moved that SCS for SB 317, as amended, be adopted, which motion prevailed.

On motion of Senator Stoll, SCS for SB 317, as amended, was declared perfected and ordered printed.

Senator Childers moved that SB 50 be taken up for perfection, which motion prevailed.

Senator DePasco offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 50, Page 2, Section 21.184, Line 14, by striking the word "shall" and inserting in lieu thereof the word "may".

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

Senator Singleton offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 50, Page 2, Section 21.184, Line 23, following said line by adding:

"4. The provisions of this section shall sunset on 31 December, 2005."; and

Further by adding the following on line 12, Section 21.186:

"3. The provisions of this section shall sunset on 31 December, 2005.".

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

Senator Rohrbach offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 50, Page 2, Section 21.184, Line 13, by adding immediately after the word "responsibilities" the following:

", particularly regarding legislative authority and prerogatives as a separate but equal branch of government including refresher courses on the Missouri Constitution and case law regarding the state constitution".

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

On motion of Senator Childers, SB 50, as amended, was declared perfected and ordered printed.

SB 253 and SB 260, with SCS, were placed on the Informal Calendar.

Senator Dougherty requested unanimous consent of the Senate to withdraw SB 627 from further consideration, which request was granted.

SECOND READING OF SENATE BILLS

The following Bills and Joint Resolutions were read the 2nd time and referred to the Com-mittees indicated:

SB 568--Local Government and Economic Development.

SB 605--Insurance and Housing.

SB 619--Local Government and Economic Development.

SJR 18--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SJR 19--Transportation.

SJR 20--Transportation.

SJR 21--Judiciary.

HOUSE BILLS ON SECOND READING

The following Bill was read the 2nd time and referred to the Committee indicated:

HCS for HB 15--Appropriations.

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

March 1, 2001

TO THE SENATE OF THE 91st 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:

Scott B. Lakin, 6020 North Chelsea Avenue, Kansas City, Clay County, Missouri 64119, as Director of the Department of Insurance, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, Keith A. Wenzel, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 1, 2001

TO THE SENATE OF THE 91st 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 B. Leapheart, 1810 Pinnacle Point, Holts Summit, Callaway County, Missouri 65043, as Director of the Department of Labor and Industrial Relations, for a term ending at the pleasure of the Governor, 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

March 1, 2001

TO THE SENATE OF THE 91st 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:

Stephen M. Mahfood, 7311 North Shore Road, Hartsburg, Boone County, Missouri 65039, as Director of the Department of Natural Resources, for a term ending at the pleasure of the Governor, 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

March 1, 2001

TO THE SENATE OF THE 91st 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:

Dana Katherine Martin, 2323 St. Louis Road, Jefferson City, Cole County, Missouri 65101, as Director of the Department of Social Services, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Gary J. Stangler, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 2001

TO THE SENATE OF THE 91st 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:

Gary D. Collins, Democrat, 2604 Huntleigh Place, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Housing Development Commission, for a term ending October 13, 2004, and until his successor is duly appointed and qualified; vice, Susan Rollins, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 2001

TO THE SENATE OF THE 91st 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:

Milamari A. Cunningham, M.D., Republican, 8202 South Bennett Drive, Columbia, Boone County, Missouri 65201, as a member of the Missouri Health Facilities Review Committee, for a term ending January 1, 2003, and until her successor is duly appointed and qualified; vice, Nancy Stemme, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 2001

TO THE SENATE OF THE 91st 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:

Robert Steven Gaw, Democrat, 1717 South Williams, Moberly, Randolph County, Missouri 65270, as a member of the Public Service Commission, for a term ending January 4, 2007, and until his successor is duly appointed and qualified; vice, Robert G. Schemenauer, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 2001

TO THE SENATE OF THE 91st 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:

Delores A. Hudson, Democrat, 1230 Pembrooke Drive, Warrensburg, Johnson County, Missouri 64093, as a member of the Board of Governors for Central Missouri State University, for a term ending January 1, 2007, and until her successor is duly appointed and qualified; vice, Lynn A. Harmon, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 2001

TO THE SENATE OF THE 91st 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 West Locust, Box 57, Paris, Monroe County, Missouri 65275, as a member of the Missouri Agriculture and Small Business Development Authority, for a term ending June 30, 2005, and until his successor is duly appointed and qualified; vice, Albert Elfrank, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

REPORTS OF STANDING COMMITTEES

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 were referred SB 215 and SB 440, 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 Civil and Criminal Jurisprudence, to which was referred SB 443, 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 Transportation, submitted the following reports:

Mr. President: Your Committee on Trans-portation, to which was referred SB 406, 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 407, 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 Trans-portation, to which was referred SB 421, 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 435, 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 436, 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 442, 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 491, 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 Local Government and Economic Development, to which was referred SB 345, 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 Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 191, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 191, Page 1, Section 74.450, Line 14, by inserting after the word "regular" the following: "municipal".

SENATE COMMITTEE AMENDMENT NO. 2

Amend Senate Bill No. 191, Page 1, In the Title, Line 2, by striking "section" and inserting in lieu thereof the following: "sections 77.370 and"; and further amend line 3, by striking "one new section" and inserting in lieu thereof the following: "two new sections"; and

Further amend said bill and page, Section A, Lines 1 and 2, by striking said lines and inserting in lieu thereof the following:

"Section A. Sections 77.370 and 77.450, RSMo 2000, are repealed and two new sections enacted in lieu thereof, to be known as sections 77.370 and 77.450, to read as follows:

77.370. 1. Except as hereinafter provided, the following officers shall be elected by the voters of the city: Mayor, police judge, attorney, assessor, collector, treasurer and, except in cities which adopt the merit system police department, a marshal.

2. Notwithstanding the provisions of subsection 1 of this section, in cities which contract with another entity for police service, the city council may eliminate the office of marshal.

3. The attorney shall be a person licensed to practice law in Missouri, and the council, by ordinance, may provide for the appointment of an attorney, by the mayor with the approval of the council, in lieu of electing an attorney. If so appointed he shall serve at the pleasure of the mayor and council.

[3.] 4. Whenever a city contracts for the assessment of property or the collection of taxes [by the county or township assessor or collector, respectively,] with either a public or private entity as authorized by section 70.220, RSMo, the city council shall by ordinance provide that at the expiration of the term of the then city assessor or collector, as the case may be, the office is abolished and thereafter no election shall be had to fill the office; except that in the event the contract expires and, for any reason, is not renewed, the council may by ordinance provide for the election of such officer at the next and succeeding regular elections for municipal officers.

[4.] 5. The term of office for each of the officers is two years except the office of mayor and the marshal which are four-year terms. All officers hold office until their successors are duly elected or appointed and qualified.

[5.] 6. The council, by ordinance, may provide that any officer of the city except the mayor and the councilmen shall be appointed instead of elected. Such ordinance shall set the manner of appointment, in accordance with section 77.330, and the term of office for each appointive officer, which term shall not exceed four years.".

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 354, 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 Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 200, 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 Sims, Chairman of the Committee on Aging, Families and Mental Health, Senator Kenney submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 449, 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 Kenney, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SB 123, 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.

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

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 393, 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.

REFERRALS

President Pro Tem Kinder referred SR 280; SCR 23; SCR 24; and SCR 25 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

President Pro Tem Kinder referred SB 383, with SCS, to the Committee on State Budget Control.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 296, regarding Matthew Joseph "Matt" Mayer, Jr., Arnold, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Jim and Debbie Good, Myra Case, Barb and Bob Flint, Randy and Bettie Miller, Stephanie Dustman, Renee Fisher, Anna Brundage, Sarah Manda, Brian McDavitt, Craig and Lori Jones, Paul Hessling and Joyce and Andy Anderson, Pleasant Hill.

Senator Kenney introduced to the Senate, Tricia Lawrence and members of the Lee's Summit High School Student Senate, Lee's Summit.

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

SENATE CALENDAR

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THIRTY-SIXTH DAY-TUESDAY, MARCH 6, 2001

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS