Journal of the Senate

FIRST REGULAR SESSION

FORTY-SEVENTH DAY--THURSDAY, MARCH 29, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

Thus says the Lord: "I will bind up the injured, and I will strengthen the weak." (Ezekiel 34:16)

Heavenly Father, we complete another week faced with a calendar that tells us seven weeks remain to complete what we need to get done. Thank You for being in the midst of what we are going through and providing the peace we need to heal our stress. Ride with us, we pray, as we return to those we love and serve and we ask that You use us to be Your healing presence to others in need of you. 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 KOMU-TV were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Bentley offered Senate Resolution No. 445, regarding Executive Director Rhoda Clark and Court Appointed Special Advocates (CASA) of Southwest Missouri, which was adopted.

Senator Bentley offered Senate Resolution No. 446, regarding Todd D. Schaible, Ph.D., Springfield, which was adopted.

THIRD READING OF SENATE BILLS

SB 460, introduced by Senator Klarich, entitled:

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.

Was called from the Consent Calendar and taken up.

On motion of Senator Klarich, SB 460 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Caskey moved that SB 256, with HCA 1 and HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Caskey moved that the above amendment be adopted, which motion prevailed by the following vote:

HA 1 was taken up.

Senator Caskey moved that the above amendment be adopted, which motion prevailed by the following vote:

On motion of Senator Caskey, SB 256, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

Bill ordered enrolled.

CONCURRENT RESOLUTIONS

Senator Mathewson moved that SCR 14, with SCS, be taken up for adoption, which motion prevailed.

SCS for SCR 14 was taken up.

On motion of Senator Mathewson, SCS for SCR 14 was adopted by the following vote:

Senator Loudon moved that SCR 25, with SCA 1, be taken up for adoption, which motion prevailed.

SCA 1 was taken up.

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

On motion of Senator Loudon, SCR 25, as amended, was adopted by the following vote:

Senator Stoll moved that SCR 26, with SCA 1, be taken up for adoption, which motion prevailed.

SCA 1 was taken up.

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

Senator Westfall offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Concurrent Resolution No. 26, Page 410 of the Senate Journal for Tuesday, March 6, 2001, Column 2, Line 41 of said column, by inserting after all of said line the following:

"BE IT FURTHER RESOLVED, that the committee conduct an in depth review of funding sources for public education that could serve as a replacement for the property tax; and".

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

On motion of Senator Stoll, SCR 26, as amended, was adopted by the following vote:

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of James K. Reinhard, as a member of the Missouri Agriculture and Small Business Development Authority, 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 Cauthorn 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 Gubernatorial Appointments, to which was referred the appointment of Gary D. Collins, as a member of the Missouri Housing Development 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 Rohrbach 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 Gubernatorial Appointments, to which was referred the appointment of Delores A. Hudson, as a member of the Board of Governors for Central Missouri State University, 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 Gubernatorial Appointments, to which was referred the appointment of Milamari A. Cunningham, as a member of the Missouri Health Facilities Review Committee, 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 Gubernatorial Appointments, to which was referred the appointment of Robert Steven Gaw, as a member of the Public Service 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.

President Pro Tem Kinder assumed the Chair.

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 448 and SB 588, 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 535, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 was referred SB 66, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute No. 2, hereto attached, do pass.

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

Mr. President: Your Committee on Trans-portation, to which was referred SB 525, 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 242, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 225, 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 Aging, Families and Mental Health, to which was referred SB 180, begs leave to report that it has considered the same and recommends that the bill do pass.

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 583, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 488, 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 reports:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 387, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 455, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Ways and Means, to which was referred SB 334 and SB 228, 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 469, 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 546, 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 Pensions and General Laws, to which was referred SB 337, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Klindt, Chairman of the Committee on Interestate Cooperation, submitted the following report:

Mr. President: Your Committee on Interstate Cooperation, to which was referred SB 593, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 949, entitled:

An Act to repeal section 197.285, RSMo 2000, and to enact in lieu thereof one new section relating to hospital whistle-blower protections.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 725, entitled:

An Act to repeal section 165.011, RSMo 2000, relating to transfers of funds in certain school districts, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 590, entitled:

An Act to repeal section 135.490, RSMo 2000, relating to tax relief for small employers, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 648, entitled:

An Act to repeal sections 302.130 and 302.178, RSMo 2000, relating to temporary driver's permits, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 447, regarding the Fiftieth Anniversary of the Pastime Club, Imperial, which was adopted.

COMMUNICATIONS

Senator Bland submitted the following:

March 29, 2001

Mrs. Terry Spieler

Secretary of the Senate

Room 325, State Capitol

Jefferson City, Missouri 65101

Dear Mrs. Spieler:

In my absence, I am requesting that Senator Mary Groves Bland handle my SB 319 with SCA-1. This bill is currently on the Senate Consent Calendar.

Thank you for your attention to this matter.

Sincerely,

/s/ Paula J. Carter

Senator Paula J. Carter

Fifth Senatorial District

INTRODUCTIONS OF GUESTS

Senator Staples introduced to the Senate, his granddaughter, Rachel Staples, Eminence; Stacey Ellis, Shannon Lee and Erica Weems, Farmington; Kyle Gilliam, Park Hills; Amber Janis and Allen Robbins, Desloge; Maggie Martin, Eminence; and Logan Merrill, Potosi, members of the Mineral Area College Student Government Class; and Advisors Debbie Lee and Scott Cracraft.

Senator Klarich introduced to the Senate, Suzie, Jay, Alexandra and Chandler Dalton, Town and County; and Jay, Alexandra and Chandler were made honorary pages.

Senator Caskey introduced to the Senate, Mike Moreland, Ryan Pearcy and Chase Stubbe, Harrisonville; and Rachel Findley and Logan Huitt, Pleasant Hill.

Senator Westfall introduced to the Senate, Megan Brower, Serena Ehlers, Jeff Venning and Joe Ewing, Cedar County Farm Bureau Youth Leadership.

Senator Klindt introduced to the Senate, Paul Thomas, Grant Wright, Adam Ratliff, Jeremy Fenimore, Cody Sittner, Jacob Rose, Bryan Barnett and Gary Hill, Harrison County Farm Bureau Youth Leadership.

Senator House introduced to the Senate, his son, Benjamin, St. Charles County; and Benjamin was made an honorary page.

Senator Rohrbach introduced to the Senate, his cousin, Nicholas Schoenthal, his niece, Rachel Rohrbach, Lora Muri, Hannah Schatzer, Allison Williams, Cole Knipp, Heidi Eschenbrenner and Sandi Knipp, Moniteau County Farm Bureau Youth Leadership.

Senator Johnson introduced to the Senate, Jim Baber, Krystal Allan, Nick Taulbee and James Klostermayer, Platte County Farm Bureau Youth Leadership.

Senator Staples introduced to the Senate, the Physician of the Day, Dr. Gene Leroux, M.D., Doniphan.

Senator Cauthorn introduced to the Senate, Nena Palmer, James Penn, Jennifer Collier, Amanda Fagan, Clarissa Palmer, Daniel Stokes and Alaina Murray, Knox County Farm Bureau Youth Leadership.

Senator Cauthorn introduced to the Senate, Marie Ebbesmeyer, Tracy Huffman, Megan Wade, Joey Taylor, Katie Windman and Casey Berghold, Monroe County Farm Bureau Youth Leadership.

Senator Schneider introduced to the Senate, eight parents and sixty-five fourth grade students from Halls Ferry Elementary School, Florissant; and Meryl Collins, Megan Dougherty, Renae Hooks and Rodney Maldonado were made honorary pages.

Senator Klindt introduced to the Senate, representatives of Sullivan, Carroll, Harrison, Livingston, Mercer and Atchison Counties Farm Bureau Youth Leadership.

Senator Westfall introduced to the Senate, Steve Zidlick, Jim Hamilton, Carla Moore, and Anna Williams, Polk County Farm Bureau Youth Leadership.

Senator Westfall introduced to the Senate, Jessica McConnel, Adam Owen, Sarah Abbott, Melissa Shuler, Andy Cook, Jennifer Thompson and John Sparkman, Greene County Farm Bureau Youth Leadership.

Senator Westfall introduced to the Senate, Boone Middleton and eighth grade students from Marionville.

Senator Mathewson introduced to the Senate, Becky Plattner and six students with Lafayette County Farm Bureau Youth Leadership.

Senator Russell introduced to the Senate, Matt Waterman, Columbia.

Senator Russell introduced to the Senate, Dayle Nelson, Terri Winkler, Ashley Fisk, Ashley Perkins, Holley Cahow, Ilene Phillips, John Stroup, Ricky Rose and Jim Hamilton, Dallas County.

Senator Russell introduced to the Senate, Rev. Guy and Mrs. Laverne Von Luven, Sandi Light, Jennifer Meyer, Lawayne Perryman, Adam Hoffman, Amy Lewis, Adam Zeman and Steve Percival, Lebanon Farm Bureau Youth Leadership.

Senator Johnson introduced to the Senate, Mark Pierce, Matt Sailor, Dixie Matthews, Hannah Pepper and Remington Pierce, Buchanan County Farm Bureau Youth Leadership; and Matt, Dixie, Hannah and Remington were made honorary pages.

Senator Steelman introduced to the Senate, Ms. Barb Berendzen and one hundred students from Salem R-80 Upper Elementary School, Salem; and Rachel Von Rouzeleu, Hannah Kettner, Andrew Galloway and Julie Baird were made honorary pages.

Senator Childers introduced to the Senate, Steve Glighorn, Nicole Miller, Andrea Spoor, Alan Miller and Brian Jungferman, West Plains Farm Bureau Youth Leadership.

Senator Caskey introduced to the Senate, Val Bennett; Cassie Youngblood and John Love, Osceola High School; Heidi Osner and Taylor Hankins, Lakeland High School; and Tony and Joe Mullen, Appleton City High School, Farm Bureau Youth Leadership.

Senator Kinder introduced to the Senate, Norman Weiss, Bob Nitsch, Adam Hahs, Doug Ludwig, Tony Hoffman, Amanda Sanders and Jennifer Weiss, Jackson Farm Bureau Youth Leadership.

Senator Russell introduced to the Senate, Albert Matney, Tiffany Coonce, Tammy Potter, Keith Jackson and Stan Coday, Mansfield.

Senator Yeckel introduced to the Senate, Carol Ziegler and students from St. Margaret Mary Alacoque Catholic School, St. Louis County.

Senator Caskey introduced to the Senate, Kate

Alleger, Patty Boehler, Tyler Smith, Jacob Boehler, and David Swaters, Henry County Farm Bureau Youth Leadership.

Senator Rohrbach introduced to the Senate, Matt Jones, Ryan Hodges, Andy Small, Melissa Schadd and Bill Hunter, Morgan County Farm Bureau Youth Leadership.

Senator Cauthorn introduced to the Senate, Cary Swain, Rebecca Fennewald, Rusty Blaue, Melissa Buckman, Laura Schaefer, Justin Seay and Jerry Johnson, Audrain County.

Senator Kinder introduced to the Senate, Red Richardet, Brian Koenig, Marcy Pingel, Jennifer Gibbar, Anna Winkler, Dana Reinwald, Eril Reinwald, Terry Schneier, Jim Neislein, Mike Meyer, Julie Huber and Nick Hotop, Perry County Farm Bureau Youth Leadership.

Senator Steelman introduced to the Senate, fourth grade students from Salem R-80 School, Salem; and Cody Wofford, Kendra Crocker, Jessica Petty and Adam Lowe were made honorary pages.

Senator House introduced to the Senate, Mary Vogt, Winona Landers, Sharla Geear and Webelos Pack 530, St. Charles County; and Mychal Ahmann, Adam Killiam, Zachary Geear, Keith Landers, Brennan Weems, T.J. Vogt, Joshua Zigler, Chris Venable and Tiger Cub Scout Jeremy Geear were made honorary pages.

On behalf of Senator Kinder, the President introduced to the Senate, Sharon Gentry and seventeen fourth grade students from Cape Christian School, Cape Girardeau and Brandon Chiu and Marie Deiermann were made honorary pages.

On motion of Senator Kenney, the Senate adjourned until 3:00 p.m., Monday, April 2, 2001.

SENATE CALENDAR

______

FORTY-EIGHTH DAY-MONDAY, APRIL 2, 2001

______

FORMAL CALENDAR

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/5

SB 143-Childers

Reported 2/19

SB 315-Childers, with SCS

Reported 3/5

SB 354-Johnson and Scott,

with SCS

Reported 3/12

SB 526-Dougherty, with

SCS

Reported 3/13

SB 319-Carter, with SCA 1

Reported 3/14

Reported 3/15

RESOLUTIONS

Reported from Committee

Requests to Recede or Grant Conference

SS for SCR 2-Singleton,

with HCS

(Senate requests House

recede or grant conference)