Journal of the Senate

SECOND REGULAR SESSION

FORTIETH DAY--MONDAY, MARCH 18, 2002

Senator Westfall in the Chair.

Reverend Carl Gauck offered the following prayer:

"I believe in one God, Creator of the Universe. That He governs it by His Providence. That He ought to be worshipped. That the most acceptable Service we render to Him is doing good to His other Children." (Benjamin Franklin, 3/9/1790)

Gracious Creator God, we give You thanks for the blessings of this world You have created and the joy we have in serving those who have elected us. Make us particularly mindful for the opportunities we together may have to help deal with the difficulties of life our brother and sister Missourians must face, often on a daily basis. Help us ensure justice and worship You always. 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 14, 2002, was read and approved.

Senator Kenney requested unanimous consent of the Senate to correct the Senate Journal for Wednesday, March 13, 2002, Page 543, Column 1, Lines 10-12, by deleting said lines and inserting in lieu thereof the following:

"recommends that the bill do pass and be placed on the Consent Calendar.", which request was granted.

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

RESOLUTIONS

Senator Coleman offered Senate Resolution No. 1233, regarding Margaret "Peggy" Leon, St. Louis, which was adopted.

On behalf of Senator Yeckel, Senator Kenney offered Senate Resolution No. 1234, regarding American Legion Post 300, St. Louis, which was adopted.

Senator House offered Senate Resolution No. 1235, regarding Bob Kilby, Louisiana, which was adopted.

Senator House offered Senate Resolution No. 1236, regarding Kathleen J. Smith, Louisiana, which was adopted.

Senator House offered Senate Resolution No. 1237, regarding Marynell McFarland, Louisiana, which was adopted.

Senator House offered Senate Resolution No. 1238, regarding Gail Smith, Louisiana, which was adopted.

Senator House offered Senate Resolution No. 1239, regarding Deb Ireland, Frankford, which was adopted.

Senator Stoll offered Senate Resolution No. 1240, regarding Anthony A. Hughes, Arnold, which was adopted.

Senator Stoll offered Senate Resolution No. 1241, regarding Maury J. Ellebrecht, House Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 1242, regarding Donna M. Thornton, Lee's Summit, which was adopted.

Senators Kenney and Loudon offered Senate Resolution No. 1243, regarding Kayla Marlene Lightfoot, Bridgeton, which was adopted.

Senators Kenney and Gross offered Senate Resolution No. 1244, regarding Monica Durrwachter, St. Peters, which was adopted.

Senators Kenney and Yeckel offered Senate Resolution No. 1245, regarding Sarah M. Douglas, Kirkwood, which was adopted.

Senator Kenney offered Senate Resolution No. 1246, regarding Emily Pratt, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1247, regarding Melissa Banning, Lawson, which was adopted.

Senators Kenney and Westfall offered Senate Resolution No. 1248, regarding Daberath McGinnis, Bolivar, which was adopted.

Senators Kenney and Russell offered Senate Resolution No. 1249, regarding Heather Morris, Mountain Grove, which was adopted.

Senators Kenney and Klarich offered Senate Resolution No. 1250, regarding Jacquelyn "Jackie" Rice, Washington, which was adopted.

Senator Kenney offered Senate Resolution No. 1251, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Dorman Coy, Independence, which was adopted.

Senator Kenney offered Senate Resolution No. 1252, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard I. Christensen, Independence, which was adopted.

Senator Stoll offered Senate Resolution No. 1253, regarding Jason Wagoner, Imperial, which was adopted.

Senator Stoll offered Senate Resolution No. 1254, regarding Ms. Thais Ribeiro Vasco, Vitoria, Brazil, which was adopted.

Senator Stoll offered Senate Resolution No. 1255, regarding Ms. Mirjam Baumert, Hannover, Germany, which was adopted.

Senator Stoll offered Senate Resolution No. 1256, regarding Ms. Lisa Kraemer, Bingen, Germany, which was adopted.

Senator Stoll offered Senate Resolution No. 1257, regarding Mr. Hans Christian Dambeck, Rietberg, Germany, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1258, regarding Corrections Officer III Joseph Holtmeyer, Jefferson City, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1259, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Tracy Wiley, Jefferson City, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1260, regarding Barbara A. Schanuth, Jefferson City, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1261, regarding Terry A. Surface, Jefferson City, which was adopted.

Senators Bentley and Childers offered Senate Resolution No. 1262, regarding Kevin Michale Lee Martin, Springfield, which was adopted.

Senator Schneider offered Senate Resolution No. 1263, regarding Bill and Rosemary Cira, Bellefontaine Neighbors, which was adopted.

Senator Caskey offered Senate Resolution No. 1264, regarding Emily A. Abdoler, Clinton, which was adopted.

THIRD READING OF SENATE BILLS

SB 1012, with SCA 1, introduced by Senator Caskey, entitled:

An Act to repeal section 8.231, RSMo, relating to guaranteed energy cost savings contracts, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Rohrbach assumed the Chair.

SCA 1 was taken up.

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

On motion of Senator Caskey, SB 1012, as amended, 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 Westfall moved that motion lay on the table, which motion prevailed.

SB 1102, introduced by Senator Westfall, entitled:

An Act to repeal section 191.680, RSMo, relating to nuisance, 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 Westfall, SB 1102 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 810, with SCS, introduced by Senator Dougherty, entitled:

An Act to repeal sections 660.100, 660.105, 660.110, 660.115, 660.120, 660.122, 660.135 and 660.136, RSMo, relating to the utilicare program, and to enact in lieu thereof seven new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 810, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 810

An Act to repeal sections 660.100, 660.105, 660.110, 660.115, 660.120, 660.122, 660.135 and 660.136, RSMo, relating to the utilicare program, and to enact in lieu thereof seven new sections relating to the same subject.

Was taken up.

Senator Dougherty moved that SCS for SB 810 be adopted, which motion prevailed.

On motion of Senator Dougherty, SCS for SB 810 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 reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which were referred SS for SB 665; SS for SB 687; SCS for SB 836; SS for SCS for SB 840; and SS for SCS for SB 959, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

SENATE BILLS FOR PERFECTION

SB 817, SB 978 and SB 700, with SCS, were placed on the Informal Calendar.

SB 837, SB 866, SB 972 and SB 990, with SCS, were placed on the Informal Calendar.

SB 688, SB 663, SB 691, SB 716, SB 759, SB 824 and SB 955, with SCS, were placed on the Informal Calendar.

SB 894, SB 975 and SB 927, with SCS, were placed on the Informal Calendar.

SB 670 and SB 684, with SCS, were placed on the Informal Calendar.

SB 1005 was placed on the Informal Calendar.

Senator Wiggins moved that SB 741, SB 929 and SB 871, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 741, 929 and 871, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 741, 929 and 871

An Act to repeal sections 194.210, 194.220, 194.230, 194.233, 194.240, 194.297, 194.299, 194.300, 194.302, 301.020, 302.171 and 302.181, RSMo, relating to organ donation and procure-ment, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions and with a delayed effective date for a certain section.

Was taken up.

Senator Wiggins moved that SCS for SBs 741, 929 and 871 be adopted, which motion prevailed.

Senator Childers assumed the Chair.

On motion of Senator Wiggins, SCS for SBs 741, 929 and 871 was declared perfected and ordered printed.

Senator Rohrbach moved that SB 1061 and SB 1062, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 1061 and 1062, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1061 and 1062

An Act to repeal sections 354.085, 354.405 and 354.603, RSMo, and to enact in lieu thereof four new sections relating to health insurance administrative simplification.

Was taken up.

Senator Rohrbach moved that SCS for SBs 1061 and 1062 be adopted.

Senator Rohrbach offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 1061 and 1062, Page 4, Section 354.405, Line 77, by striking the bracket "[" following the word "filing" and further amend said bill, page and section, line 78, by striking the bracket "]" following the word "approved".

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

Senator Schneider offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 1061 and 1062, Pages 2 and 5, Sections 354.085 and 354.405, Lines 29 and 92, by inserting immediately thereafter "Such amendment shall have the force and effect as if the amendment was in the original filing or policy.".

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

Senator Westfall assumed the Chair.

Senator Rohrbach offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 1061 and 1062, Page 2, Section 354.085, Line 20, by striking the words "maintenance organization" and inserting in lieu thereof the following "services corporation"; and

Further amend said bill, page, and section, line 23, by striking the words "maintenance organization" and inserting in lieu thereof the following: "services corporation"; and

Further amend said bill, page, and section, line 26, by striking the words "maintenance organization" and inserting in lieu thereof the following: "services corporation".

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

Senator Rohrbach moved that SCS for SBs 1061 and 1062, as amended, be adopted, which motion prevailed.

On motion of Senator Rohrbach, SCS for SBs 1061 and 1062, as amended, was declared perfected and ordered printed.

Senator Stoll moved that SB 843 and SB 658, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 843 and 658, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 843 and 658

An Act to repeal sections 441.060, 700.100, 700.385, 700.455, 700.527, 700.529, 700.530, 700.531, 700.533, 700.535, 700.537 and 700.539, RSMo, relating to manufactured housing, and to enact in lieu thereof seven new sections relating to the same subject.

Was taken up.

Senator Stoll moved that SCS for SBs 843 and 658 be adopted.

Senator Stoll offered SS for SCS for SBs 843 and 658, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 843 and 658

An Act to repeal sections 441.060, 700.100, 700.350, 700.355, 700.360, 700.365, 700.370, 700.385, 700.455, 700.525, 700.527, 700.529, 700.530, 700.531, 700.533, 700.535, 700.537 and 700.539, RSMo, relating to manufactured housing, and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions.

Senator Stoll moved that SS for SCS for SBs 843 and 658 be adopted, which motion prevailed.

Senator Rohrbach assumed the Chair.

On motion of Senator Stoll, SS for SCS for SBs 843 and 658 was declared perfected and ordered printed.

SB 647, with SCS, was placed on the Informal Calendar.

Senator Westfall moved that SB 969, SB 673 and SB 855, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 969, 673 and 855, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 969, 673 and 855

An Act to repeal sections 217.690, 556.061, 589.400, 589.417 and 632.483, RSMo, relating to sexual offenses, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up.

Senator Westfall moved that SCS for SBs 969, 673 and 855 be adopted.

Senator Westfall offered SS for SCS for SBs 969, 673 and 855, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 969, 673 and 855

An Act to repeal sections 43.540, 217.690, 556.061, 589.400, 589.410, 589.417 and 632.483, RSMo, relating to sexual offenses, and to enact in lieu thereof eight new sections relating to the same subject, with penalty provisions and an emergency clause.

Senator Westfall moved that SS for SCS for SBs 969, 673 and 855 be adopted.

Senator Dougherty offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 969, 673 and 855, Page 11, Section 556.061, Line 15, by inserting after all of said line the following:

"565.151. 1. A person commits the crime of enticement of a child if that person, for the purpose of engaging in sexual conduct with a child, attempts to persuade or persuades whether by words or actions or both or through communication via the Internet or electronic mail, any person who is less than fifteen years of age to:

(1) Leave home or school; or

(2) Enter a vehicle, building, structure, alley, or any other enclosed area so that the child is concealed from public view.

2. Nothing contained in this section shall prevent the lawful detention of a child or the rendering of aid or assistance to a child.

3. Enticement of a child is a class A misdemeanor unless the person has previously pled guilty to or been found guilty of violating the provisions of this section, section 568.045, 568.050, or section 568.060, RSMo, or chapter 566, RSMo, in which case it is a class D felony."; and

Further amend said page, section 566.145, line 22, by inserting after all of said line the following:

"566.151. 1. A person commits the crime of luring a child for sexual purposes if the person:

(1) Is twenty-one years of age or older;

(2) Has the intent of engaging in an act of sexual conduct; and

(3) Solicits a person who is, or whom the person believes to be, less than fifteen years of age, to perform an act of sexual conduct.

2. It is not an affirmative defense to a prosecution for a violation of this section that the other person was a peace officer masquerading as a minor.

3. As used in this section, "solicit" means to request, urge, command or authorize another to perform an act. Such solicitation may occur by any means, including but not limited to, in person, over the telephone, in writing or by computer.

4. Luring a child for sexual purposes is a class D felony, unless the person solicited is, or is believed by the actor to be, less than fourteen years of age, in which case the crime is a class C felony."; and

Further amend the title and enacting clause accordingly.

Senator Dougherty moved that the above amendment be adopted.

Senator Childers offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 969, 673 and 855, Page 1, Section 565.151, Line 11, by inserting after the word "other" the following: "secluded or".

Senator Childers moved that the above amendment be adopted.

At the request of Senator Childers, SA 1 to SA 1 was withdrawn.

At the request of Senator Westfall, SB 969, SB 673 and SB 855, with SCS, SS for SCS and SA 1 (pending), were placed on the Informal Calendar.

RESOLUTIONS

On behalf of Senator Loudon, Senator Kenney offered Senate Resolution No. 1265, regarding Kayla Marlene Lightfoot, Maryland Heights, which was adopted.

Senator Steelman offered Senate Resolution No. 1266, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Cellus Stratman, Vienna, which was adopted.

Senator Stoll offered Senate Resolution No. 1267, regarding the Eightieth Birthday of Lawrence Ardel Graham, Florence, South Carolina, which was adopted.

INTRODUCTIONS OF GUESTS

On behalf of Senator Mathewson and himself, Senator Cauthorn introduced to the Senate, David Dick, Sedalia.

Senator Schneider introduced to the Senate, Sue Downs and students from Robinwood Elementary School, North County St. Louis; and Kayla Lang, Jasmine Frazier, Steven Webster and Matthew Webster were made honorary pages.

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

SENATE CALENDAR

______

FORTY-FIRST DAY-TUESDAY, MARCH 19, 2002

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

SB 1248-Mathewson and

Kenney

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION