Journal of the Senate

SECOND REGULAR SESSION

TWENTY-FIRST DAY--WEDNESDAY, FEBRUARY 13, 2002

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"The Lord rises to argue his case; he stands to judge the people." (Isaiah 3:13)

Ruler and Judge of the Universe, we call on You this day the Christian world observes as Ash Wednesday. It is a good day for all humankind to look at their lives and see that they need Your help along the dangerous paths that can lead us to irreconcilable disagreements and wrongs to our brothers and sisters. So help us remember that Your word prescribes a way to handle differences that can bring peace and accord among us as Your spirit leads us through this Lenten time of self reflection and hope to do more good with our lives. 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.

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

RESOLUTIONS

Senator Steelman offered Senate Resolution No. 1045, regarding Earl Dean Engelbrecht, Holts Summit, which was adopted.

Senator DePasco offered Senate Resolution No. 1046, regarding the Eighty-seventh Birthday of Hilda Gibbs, Kansas City, which was adopted.

Senator Jacob moved that SR 1026 be taken up for adoption, which motion prevailed.

Senator Rohrbach assumed the Chair.

Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Resolution No. 1026, Rule 10, by striking the bold face type and substituting the following: "a point of order may only be taken under advisement with the consent of the movant of the question and with the consent of the Senate for one legislative day and for such additional days as may be granted by the Senate.".

Senator Schneider moved that the above amendment be adopted.

Senator Klarich requested a roll call vote be taken and was joined in his request by Senators Cauthorn, Gibbons, Kinder and Russell.

At the request of Senator Jacob, the motion to adopt SR 1026 was withdrawn which placed the resolution, with SA 1 (pending), back on the Resolutions Calendar.

CONCURRENT RESOLUTIONS

Senator Dougherty offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 46

WHEREAS, H.R. 3113, the TANF Reauthorization Act of 2001, was introduced in the United States House of Representatives on October 12, 2001, which would reform the Temporary Assistance for Needy Families program to make it clear that the program's principal focus is the long-term reduction of poverty rather than a short-term immediate reduction in the welfare rolls; and

WHEREAS, H.R. 3113 would also make it clear that postsecondary education is a work activity under the TANF program by providing access to postsecondary education for TANF recipients as a permissible work activity; and

WHEREAS, in the United States, education has always been a route to economic self-sufficiency and social mobility; and

WHEREAS, in the twenty-first century, at least one year of postsecondary education will become increasingly more essential for all workers; and

WHEREAS, TANF does not currently extend our nation's commitment to educational opportunity to persons living in poverty with their children, but who are ready, willing, and able to benefit from postsecondary education; and

WHEREAS, data from several studies has demonstrated that the additional earning capacity that a postsecondary education provides can make the difference between economic self-sufficiency and continued poverty for many TANF recipients; and

WHEREAS, among families headed by African American, Latino, and Caucasian women, the poverty rate declines from fifty-one, forty-one, and twenty-two percent to twenty-one, eighteen and one-half, and thirteen percent, respectively, with at least one year of postsecondary education; and

WHEREAS, further data has found that postsecondary education not only increases incomes, it also improves self-esteem, increases children's education ambitions, including aspiring to enter postsecondary education themselves, and has a dramatic impact on quality of life; and

WHEREAS, now more than ever TANF recipients need postsecondary education to obtain the knowledge and skills required to compete for jobs and enable them to lift themselves and their children out of poverty in the long-term; and

WHEREAS, without some postsecondary education, most women who leave welfare for employment will earn wages that place them far below the federal poverty level, even after five years of employment; and

WHEREAS, allowing TANF recipients to attend postsecondary education, even for a short time, will improve their earning potential significantly, with the average person who attends a community college, even without graduating, earning approximately ten percent more than those persons who do not attend postsecondary education at all; and

WHEREAS, women who receive TANF assistance clearly appreciate the importance and role of postsecondary education in moving them out of poverty to long-term economic self-sufficiency; and

WHEREAS, as of November 1999, at least nineteen states had considered or enacted strategies to support recipient's efforts to achieve long-term economic self-sufficiency through the pursuit of postsecondary education:

NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, support H.R. 3113, the TANF Reauthorization Act of 2001; and

BE IT FURTHER RESOLVED that the General Assembly urges Missouri's Congressional delegation to support the passage of H.R. 3113, the TANF Reauthorization Act of 2001; and

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

INTRODUCTION OF BILLS

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

SB 1152--By Klarich.

An Act to repeal sections 50.333, 57.290, 67.133, 429.032, 429.080, 429.090, 429.120, 429.160, 429.270, 429.460, 429.470, 429.490, 429.540, 454.505, 455.027, 455.060, 455.067, 455.075, 455.504, 455.508, 476.385, 478.725, 488.012, 488.2300, 488.4014, 488.5320, 491.300, 494.410, 494.415, 494.420, 511.350, 511.510, 517.141, 517.151, 577.051 and 595.045, RSMo, relating to courts, and to enact in lieu thereof thirty-four new sections relating to the same subject, with penalty provisions.

SB 1153--By Gibbons.

An Act relating to a flat tax on individual income tax, with an effective date.

SB 1154--By Gibbons.

An Act to amend chapter 144, RSMo, by adding thereto six new sections relating to sales and use tax assessment and collection procedures of the department of revenue.

SB 1155--By Gibbons.

An Act to repeal section 217.560, RSMo, relating to the vocational enterprises program, and to enact in lieu thereof one new section relating to the same subject.

SB 1156--By Steelman.

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to insurance coverage for hearing aids for the elderly and children.

SB 1157--By Klindt.

An Act to amend chapter 375, RSMo, by adding thereto six new sections relating to insurance compliance audits.

SB 1158--By Rohrbach, Caskey and Russell.

An Act to repeal section 143.183, RSMo, and to enact in lieu thereof one new section relating to income taxation of nonresident athletes.

SB 1159--By Rohrbach and Russell.

An Act to amend chapter 217, RSMo, by adding thereto two new sections relating to pay for corrections officers.

Senator Kenney requested unanimous consent of the Senate that the Honorable Governor Bob Holden be allowed in the Senate Chamber, which request was granted.

President Pro Tem Kinder assumed the Chair.

MESSAGES FROM THE

SECRETARY OF STATE

The President laid before the Senate the following communication from the Secretary of State, which was read:

TO THE SECRETARY OF THE SENATE

Ms. Terry Spieler

Jefferson City, Missouri

Madam:

I, Matt Blunt, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 5th Senatorial District in the State of Missouri, on the 5th day of February, 2002, as provided by law, the following named person was elected to the office of State Senate, 5th Senatorial District as shown by the election results certified to this office by the election authorities of the 5th Senatorial District.

Senator Coleman advanced to the dais and subscribed to the oath of office administered by President Pro Tem Kinder.

On motion of Senator Kenney, the Senate recessed until 4:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Gross.

Photographers from the Associated Press were given permission to take pictures in the Senate Chamber today.

THIRD READING OF SENATE BILLS

SB 702, introduced by Senator Caskey, entitled:

An Act to amend chapter 209, RSMo, by adding thereto one new section relating to rehabilitation services for the blind and visually impaired.

Was called from the Consent Calendar and taken up.

On motion of Senator Caskey, SB 702 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

SB 896, introduced by Senator Yeckel, entitled:

An Act to repeal sections 326.256, 326.271, 326.280, 326.283, 326.286, 326.289 and 326.292, RSMo, relating to public accountants, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Yeckel, SB 896 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 695, introduced by Senators Dougherty and Sims, entitled:

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

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

On motion of Senator Dougherty, SB 695 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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 SCS for SB 712, 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.

RESOLUTIONS

Senator Jacob moved that SR 1026, with SA 1 (pending), be taken up for adoption, which motion prevailed.

SA 1 was again taken up.

At the request of Senator Jacob, the motion for adoption was withdrawn which placed SR 1026, with SA 1 (pending), back on the Resolutions Calendar.

SENATE BILLS FOR PERFECTION

Senator Westfall moved that SB 662 and SB 704, with SCS and SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 3 was again taken up.

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

Senator Westfall offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 662 and 704, Page 6, Section 367.044, Line 31, by striking the word "sheriff" and inserting in lieu thereof the following: "law enforcement officer".

Senator Westfall moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 662 and 704, Pages 5-8, Section 367.044, Lines 1-91, by deleting all of said lines; and

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above substitute amendment be adopted.

Senator Westfall requested a roll call vote be taken on the adoption of SSA 1 for SA 4 and was joined in his request by Senators Childers, Jacob, Klarich and Wiggins.

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

SA 4 was again taken up.

Senator Westfall moved that the above amendment be adopted.

At the request of Senator Westfall, SB 662 and SB 704, with SCS and SA 4 (pending), were placed on the Informal Calendar.

REFERRALS

President Pro Tem Kinder referred SCR 45 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

President Pro Tem Kinder referred SCS for SB 712 to the Committee on State Budget Control.

INTRODUCTION OF BILLS

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

SB 1160--By Sims.

An Act to repeal sections 454.606, 454.609, 454.615, 454.618, 454.627 and 454.700, RSMo, and to enact in lieu thereof six new sections relating to federal requirements on national medical support notice.

SB 1161--By Rohrbach, Russell and Klindt.

An Act to amend chapter 217, RSMo, by adding thereto one new section relating to new corrections officer classifications.

MESSAGES FROM THE HOUSE

The following message was 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 HCS for HBs 1134, 1100 and 1559, entitled:

An Act to repeal sections 252.043, 254.020, 254.040, and 270.170, RSMo, and to enact in lieu thereof eight new sections relating to conservation, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

RESOLUTIONS

Senator Yeckel offered Senate Resolution No. 1047, regarding Lois and Dave Thompson, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1048, regarding Mark Bussen, St. Louis, which was adopted.

Senator Loudon offered Senate Resolution No. 1049, regarding David W. Kemper, St. Louis, which was adopted.

Senator Loudon offered Senate Resolution No. 1050, regarding Jonathan M. Kemper, St. Louis, which was adopted.

Senator Loudon offered Senate Resolution No. 1051, regarding William A. Sullins, Jr., St. Louis, which was adopted.

Senator Loudon offered Senate Resolution No. 1052, regarding Jonathan Ford, St. Louis, which was adopted.

Senator Loudon offered Senate Resolution No. 1053, regarding Ginny D'Angelo, St. Louis, which was adopted.

Senator Singleton offered the following resolution:

SENATE RESOLUTION NO. 1054

BE IT RESOLVED by the Senate of the Ninety-First General Assembly, Second Regular Session, that subsection 19 of Senate Rule 28 of the temporary rules be amended to read as follows:

"19. The Committee on State Budget Control shall consider all bills, except regular appropriation bills, which require new appropriations or expenditures of appropriated funds in excess of $100,000, or which reduce such funds by that amount during [either] any of the first [two] three years that public funds will be used to fully implement the provisions of the Act. Any such senate bill, after having been approved by the regular standing committee to which it has been assigned and after the same has been perfected and ordered printed by the senate, shall thereafter be referred to the Committee on State Budget Control for its consideration prior to its submission to the senate for final passage thereof by the senate. Any such house bill after having been reported by the regular standing committee to which it was assigned shall be referred to the Committee on State Budget Control for its consideration prior to its being considered by the senate for third reading and final passage. Any senate or house bill, amended so as to increase expenditures or reduce revenue in excess of $100,000 during [either] any of the first [two] three years that public funds will be used to fully implement its provisions shall upon timely motion be referred or re-referred to the Committee on State Budget Control. The author or first-named sponsor of a bill referred to the Committee on State Budget Control shall be entitled to a hearing on his bill but such committee hearing shall be limited to the reception of testimony presented by the author or first-named sponsor in person and none other. The Committee on State Budget Control may recommend the passage of a bill subject to the adoption of an amendment specifying a certain effective date proposed by the committee, and if such an amendment is not adopted the bill shall again be referred to that committee.".

Senator Rohrbach offered Senate Resolution No. 1055, regarding TRIO Day at Lincoln University, Jefferson City, which was adopted.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Ways and Means, to which was referred SB 688, SB 663, SB 691, SB 716, SB 759, SB 854 and SB 955, 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 894, SB 975 and SB 927, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTIONS OF GUESTS

Senator Bentley introduced to the Senate, Mary Lilly Smith, Shelia Wright, Mary Colette, Bill and Ann Compere and Terri Hacker, Springfield.

Senator Kennedy introduced to the Senate, Officer Michael Frederick, St. Louis.

Senator Loudon introduced to the Senate, Dr. Steve Smith, Chesterfield.

Senator Kennedy introduced to the Senate, Chief Mokawa, Colonel Lowry, Colonel Polhan and Colonel Paige, St. Louis.

Senator Dougherty introduced to the Senate, the Physician of the Day, Dr. Katherine Jahnige, M.D., St. Louis.

Senator Staples introduced to the Senate, Krissy Nicholson, Marsha Galvan and Anna Hatridge, Mineral Area College, Park Hills; and Krissy, Marsha and Anna were made honorary pages.

Senator Sims introduced to the Senate, Norman Champ, St. Louis; and Betty Wilson and Marilyn Tatlow, Columbia.

Senator Klarich introduced to the Senate, his mother, Janet Klarich; and his daughters, Rachael Stuart and Elsa Rebecca, Ballwin.

Senator Coleman introduced to the Senate, Sallie Simmons and former State Representative, Missouri Supreme Court Justice Ronnie White, St. Louis.

Senator Kennedy introduced to the Senate, Michael Smith and Douglas Metzluft, St. Louis.

Senator Gibbons introduced to the Senate,

Carol, Richard and Johnny Frohlichstein, Kirkwood.

Senator Kennedy introduced to the Senate, Jill McGuire and Jen Meyer, St. Louis.

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

SENATE CALENDAR

______

TWENTY-SECOND DAY-THURSDAY, FEBRUARY 14, 2002

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SCS for SB 712-

Singleton and Sims

(In Budget Control)

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 1/29

SB 776-House, with SCS

Reported 1/30

SB 749-Goode

Reported 1/31

SB 813-Mathewson

Reported 2/4

Reported 2/5

Reported 2/12

RESOLUTIONS

To be Referred

Reported from Committee