Journal of the Senate
SECOND REGULAR SESSION
FORTY-SECOND DAY--WEDNESDAY, MARCH 20, 2002
Senator Klarich in the Chair.
Reverend Carl Gauck offered the following prayer:
"As I am changed by what I discover in prayer, of the love of God, so my ability to live and proclaim the nature of the Kingdom is changed." (Charles Elliott)
Almighty God, as we work through complex bills and think through their implications we recognize our need of prayer and in so doing are opened to Your love and we pray that will continue to affect our decisions and guide our actions. 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:
| Present--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| House | Jacob | Johnson | Kennedy |
| Kenney | Kinder | Klarich | Klindt |
| Loudon | Mathewson | Quick | Rohrbach |
| Russell | Schneider | Sims | Singleton |
| Staples | Steelman | Stoll | Westfall |
| Wiggins | Yeckel--34 | ||
| Absent with leave--Senators--None | |||
RESOLUTIONS
Senator Steelman offered Senate Resolution No. 1278, regarding Neil Evans, Holts Summit, which was adopted.
CONCURRENT RESOLUTIONS
Senator Steelman offered the following concurrent resolution:
SENATE CONCURRENT RESOLUTION NO. 57
WHEREAS, sustained investment in electric, natural gas, water sewer and heating utility infrastructure is vital to the economic vitality and well-being of the State of Missouri; and
WHEREAS, Missouri electric, natural gas, water sewer and heating utility companies compete with utility companies in other states for the capital necessary to sustain investment in utility infrastructure in Missouri; and
WHEREAS, Missouri electric, natural gas, water sewer and heating utility companies must achieve reasonable rates of return as compared to the rates of return achieved by utility companies in other states to ensure sustained investment in utility infrastructure in Missouri; and
WHEREAS, the utility regulatory process in Missouri, as it applies to electric, natural gas, water sewer and heating corporations, is governed primarily by Chapter 393, RSMo, which is largely unchanged since original enactment in 1913; and
WHEREAS, the potential for the deregulation of utilities in Missouri has received substantial legislative study in recent years, while the ongoing utility regulatory process and procedure has not enjoyed broad legislative evaluation; and
WHEREAS, the utility regulatory process must be periodically evaluated so as to promote the interests of fairness and balance among all constituencies, including consumers and shareholders of regulated utility companies, by addressing policy and practice advances in areas including, but not limited to, non-traditional regulatory rate plans, performance-based regulatory rate plans, incentive regulatory rate plans, capital recovery schedules, consistency of utility regulatory policy with generally accepted accounting principles, consistency of utility regulatory policy with financial accounting standards, consistency of utility regulatory policy with generally accepted engineering principles, communication between and among participants in the regulatory process, time schedules for the initiation and conclusion of proceedings before utility regulatory agencies, the role, function and needs of the Public Service Commission, the role, function and needs of the Office of Public Counsel and the overall structure and cost of governmental utility regulatory agencies and the utility regulatory process:
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, hereby establish the Joint Legislative Committee on Utility Regulation and Infrastructure Investment; and
BE IT FURTHER RESOLVED that said Committee be composed of five members of the Senate, to be appointed by the President Pro Tem and five members of the House of Representatives to be appointed by the Speaker of the House; and
BE IT FURTHER RESOLVED that said Committee conduct in-depth studies and make appropriate recommendations concerning: how the utility regulatory process and the results thereof in Missouri in regard to electric, natural gas, water sewer and heating utility companies compare to the utility regulatory process and the results thereof in other states; and how the utility regulatory process in Missouri in regard to electric, natural gas, water sewer and heating utility companies can, or should, be modernized to be more efficient and effective, ensure sustained investment in utility infrastructure and promote the interests of fairness and balance among all constituencies, including consumers and shareholders of regulated utility companies; and
BE IT FURTHER RESOLVED that said Committee present a final report, together with its recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of the First Regular Session of the Ninety-second General Assembly; and
BE IT FURTHER RESOLVED that said Committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission, the Department of Economic Development, the Office of Public Counsel, political subdivisions of this state, energy utilities, water utilities, heating corporations and representatives of energy and water customer groups; and
BE IT FURTHER RESOLVED that House Research, the Committee on Legislative Research and Senate Research shall provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and
BE IT FURTHER RESOLVED that the actual and necessary expenses of the Committee, its members and any staff personnel assigned to the Committee incurred in attending meetings of the Committee or any subcommittee thereof shall be paid from the Joint Contingent Fund.
REPORTS OF STANDING COMMITTEES
Senator Singleton, Chairman of the Committee on State Budget Control, submitted the following reports:
Mr. President: Your Committee on State Budget Control, to which were referred SCS for SBs 721, 757, 818 and 930; and SS for SS for SCS for SBs 970, 968, 921, 867, 868 and 738, begs leave to report that it has considered the same and recommends that the bills do pass.
THIRD READING OF SENATE BILLS
Senator Stoll moved that SB 1007, with SCS, be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.
SCS for SB 1007 was again taken up.
Senator Stoll moved that SCS for SB 1007 be adopted, which motion prevailed.
On motion of Senator Stoll, SCS for SB 1007 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Caskey | Cauthorn | Childers |
| DePasco | Dougherty | Foster | Gibbons |
| Goode | Gross | Jacob | Johnson |
| Kennedy | Kenney | Kinder | Klarich |
| Klindt | Loudon | Mathewson | Quick |
| Rohrbach | Russell | Schneider | Sims |
| Singleton | Staples | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Bland | Coleman--2 | ||
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
On motion of Senator Stoll, title to the bill was agreed to.
Senator Stoll moved that the vote by which the bill passed be reconsidered.
Senator Kenney moved that motion lay on the table, which motion prevailed.
SB 1186, introduced by Senator Kenney, entitled:
An Act to amend chapter 67, RSMo, by adding thereto one new section relating to required set-asides of private land by political subdivisions.
Was called from the Consent Calendar and taken up.
On motion of Senator Kenney, SB 1186 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Caskey | Cauthorn | Childers |
| DePasco | Dougherty | Foster | Gibbons |
| Goode | Gross | Jacob | Johnson |
| Kennedy | Kenney | Kinder | Klarich |
| Klindt | Loudon | Mathewson | Quick |
| Rohrbach | Russell | Schneider | Sims |
| Singleton | Staples | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Bland | Coleman--2 | ||
| Absent with leave--Senator House--1 | |||
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 Sims moved that motion lay on the table, which motion prevailed.
SB 874, with SCS, introduced by Senator Bentley, entitled:
An Act to repeal section 162.700, RSMo, relating to special education, 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 874, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 874
An Act to repeal section 162.700, RSMo, relating to special education, and to enact in lieu thereof one new section relating to the same subject.
Was taken up.
Senator Bentley moved that SCS for SB 874 be adopted, which motion prevailed.
On motion of Senator Bentley, SCS for SB 874 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | DePasco | Dougherty | Foster |
| Gibbons | Goode | Gross | Jacob |
| Kennedy | Kenney | Kinder | Klarich |
| Klindt | Loudon | Mathewson | Rohrbach |
| Russell | Schneider | Sims | Staples |
| Steelman | Stoll | Westfall | Wiggins |
| Yeckel--29 | |||
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Coleman | Johnson | Quick | Singleton--4 |
| Absent with leave--Senator House--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 Kenney moved that motion lay on the table, which motion prevailed.
SS for SS for SCS for SBs 970, 968, 921, 867, 868 and 738, introduced by Senator Westfall, entitled:
SENATE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILLS NOS. 970, 968, 921, 867, 868 and 738
An Act to repeal sections 136.055, 142.803, 144.805, 155.080, 226.540, 226.550, 226.573, 226.580, 226.585, 227.100, 302.720, 304.001, 304.190 and 305.230, RSMo, relating to transportation, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.
Was taken up.
On motion of Senator Westfall, SS for SS for SCS for SBs 970, 968, 921, 867, 868 and 738 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | DePasco | Foster | Gibbons |
| Goode | Gross | Jacob | Johnson |
| Kennedy | Kenney | Kinder | Klarich |
| Klindt | Loudon | Mathewson | Quick |
| Russell | Schneider | Sims | Singleton |
| Steelman | Stoll | Westfall | Wiggins |
| Yeckel--29 | |||
| NAYS--Senator Rohrbach--1 | |||
| Absent--Senators | |||
| Coleman | Dougherty | Staples--3 | |
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
The emergency clause was adopted by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | DePasco | Dougherty | Foster |
| Gibbons | Goode | Gross | Jacob |
| Johnson | Kennedy | Kenney | Kinder |
| Klarich | Klindt | Loudon | Mathewson |
| Quick | Russell | Schneider | Sims |
| Singleton | Steelman | Stoll | Westfall |
| Wiggins | Yeckel--30 | ||
| NAYS--Senator Rohrbach--1 | |||
| Absent--Senators | |||
| Coleman | Staples--2 | ||
| Absent with leave--Senator House--1 | |||
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.
SCS for SBs 721, 757, 818 and 930, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILLS NOS. 721, 757, 818 and 930
An Act to repeal sections 300.075, 300.080, 300.100, 300.105, 300.110, 300.125, 300.160, 300.215, 300.300, 300.348, 300.350, 300.585, 300.595, 302.130, 302.321, 304.001, 304.022, 304.027, 304.190, 304.220, 304.351, 575.010 and 575.150, RSMo, relating to the regulation of traffic offenses, and to enact in lieu thereof twenty-seven new sections relating to the same subject, with penalty provisions.
Was taken up by Senator Westfall.
On motion of Senator Westfall, SCS for SBs 721, 757, 818 and 930 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senator Singleton--1 | |||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
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.
SS for SB 665, introduced by Senator Kenney, entitled:
SENATE SUBSTITUTE FOR
SENATE BILL NO. 665
An Act to amend chapter 182, RSMo, by adding thereto five new sections relating to public libraries, with penalty provisions.
Was taken up.
President Pro Tem Kinder assumed the Chair.
On motion of Senator Kenney, SS for SB 665 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Singleton | Steelman |
| Stoll | Westfall | Wiggins | Yeckel--32 |
| NAYS--Senators--None | |||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
The President Pro Tem 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 Jacob moved that motion lay on the table, which motion prevailed.
INTRODUCTION OF GUESTS
Senator Jacob introduced to the Senate, the Missouri Teacher of the Year, Jill Bergee, Columbia, who assumed the dais and addressed the Senate.
THIRD READING OF SENATE BILLS
SS for SB 687, introduced by Senator Gibbons, entitled:
SENATE SUBSTITUTE FOR
SENATE BILL NO. 687
An Act to repeal sections 210.906, 211.183, 568.030, 568.045 and 568.050, RSMo, relating to abandonment of a child, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.
Was taken up.
Senator Klarich assumed the Chair.
On motion of Senator Gibbons, SS for SB 687 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Schneider |
| Sims | Singleton | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Russell | Staples--2 | ||
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
On motion of Senator Gibbons, title to the bill was agreed to.
Senator Gibbons moved that the vote by which the bill passed be reconsidered.
Senator Kenney moved that motion lay on the table, which motion prevailed.
SCS for SB 836, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 836
An Act to repeal sections 32.087 and 144.190, RSMo, and to enact in lieu thereof three new sections relating to the sales tax and refund procedures related to mobile telecommunications services, with an effective date.
Was taken up by Senator Gross.
Senator Gross offered SPA 1, which was read:
SENATE PERFECTING AMENDMENT NO. 1
Amend Senate Committee Substitute for Senate Bill No. 836, Page 1, In the Title, Line 4, by inserting immediately after the word "date" the following: "and an emergency clause"; and
Further amend said bill, Page 8, Section B, Line 2, by inserting after all of said line the following:
"Section C. Because of the need to continue telecommunications services this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.".
Senator Gross moved that the above amendment be adopted, which motion prevailed.
On motion of Senator Gross, SCS for SB 836, as amended by SPA 1, was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Schneider |
| Sims | Singleton | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Russell | Staples--2 | ||
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
The emergency clause was adopted by the following vote:
| YEAS--Senators | |||
| Bentley | Caskey | Cauthorn | Childers |
| Coleman | DePasco | Dougherty | Foster |
| Gibbons | Goode | Gross | Jacob |
| Johnson | Kennedy | Kenney | Kinder |
| Klarich | Klindt | Loudon | Mathewson |
| Quick | Rohrbach | Russell | Schneider |
| Sims | Singleton | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Bland | Staples--2 | ||
| Absent with leave--Senator House--1 | |||
On motion of Senator Gross, title to the bill was agreed to.
Senator Gross moved that the vote by which the bill passed be reconsidered.
Senator Kenney moved that motion lay on the table, which motion prevailed.
SS for SCS for SB 959, introduced by Senator Kenney, entitled:
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 959
An Act to repeal section 620.1355, RSMo, and to enact in lieu thereof one new section relating to investment funds service corporations, with an emergency clause.
Was taken up.
On motion of Senator Kenney, SS for SCS for SB 959 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Singleton | Steelman |
| Stoll | Westfall | Wiggins | Yeckel--32 |
| NAYS--Senators--None | |||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
The emergency clause was adopted by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Singleton | Steelman |
| Stoll | Westfall | Wiggins | Yeckel--32 |
| NAYS--Senators--None | |||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
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 Kinder moved that motion lay on the table, 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 by Senator Wiggins.
On motion of Senator Wiggins, SCS for SBs 741, 929 and 871 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Singleton | Steelman |
| Stoll | Westfall | Wiggins | Yeckel--32 |
| NAYS--Senators--None | |||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
On motion of Senator Wiggins, title to the bill was agreed to.
Senator Wiggins moved that the vote by which the bill passed be reconsidered.
Senator Kenney moved that motion lay on the table, 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 by Senator Rohrbach.
On motion of Senator Rohrbach, SCS for SBs 1061 and 1062 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Singleton | Steelman |
| Stoll | Westfall | Wiggins | Yeckel--32 |
| NAYS--Senators--None | |||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
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 Stoll moved that motion lay on the table, which motion prevailed.
SS for SCS for SBs 843 and 658, introduced by Senator Stoll, 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.
Was taken up.
On motion of Senator Stoll, SS for SCS for SBs 843 and 658 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Singleton | Staples |
| Steelman | Stoll | Westfall | Wiggins |
| Yeckel--33 | |||
| NAYS--Senators--None | |||
| Absent--Senators--None | |||
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
On motion of Senator Stoll, title to the bill was agreed to.
Senator Stoll 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 Russell, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1115, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.
THIRD READING OF SENATE BILLS
SB 947, with SCS, introduced by Senators Klindt and Stoll, entitled:
An Act to repeal sections 360.106, 360.111, 360.112, 360.113, 360.114, 360.116, and 360.118, RSMo, and to enact in lieu thereof seven new sections relating to the Missouri health and educational facilities act.
Was called from the Consent Calendar and taken up by Senator Klindt.
SCS for SB 947, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 947
An Act to repeal sections 360.106, 360.111, and 360.112, RSMo, and to enact in lieu thereof three new sections relating to the Missouri health and educational facilities act.
Was taken up.
Senator Klindt moved that SCS for SB 947 be adopted, which motion prevailed.
On motion of Senator Klindt, SCS for SB 947 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | DePasco | Dougherty | Foster |
| Gibbons | Goode | Gross | Jacob |
| Johnson | Kennedy | Kenney | Kinder |
| Klarich | Klindt | Loudon | Mathewson |
| Quick | Rohrbach | Russell | Schneider |
| Sims | Singleton | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Coleman | Staples--2 | ||
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
On motion of Senator Klindt, title to the bill was agreed to.
Senator Klindt moved that the vote by which the bill passed be reconsidered.
Senator Kenney moved that motion lay on the table, which motion prevailed.
SB 1199, introduced by Senator Foster, entitled:
An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the Sergeant Randy Sullivan Memorial Highway.
Was called from the Consent Calendar and taken up.
On motion of Senator Foster, SB 1199 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Johnson | Kennedy | Kenney | Kinder |
| Klarich | Klindt | Loudon | Mathewson |
| Quick | Rohrbach | Russell | Schneider |
| Sims | Steelman | Stoll | Westfall |
| Wiggins | Yeckel--30 | ||
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Jacob | Singleton | Staples--3 | |
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
On motion of Senator Foster, title to the bill was agreed to.
Senator Foster moved that the vote by which the bill passed be reconsidered.
Senator Kenney moved that motion lay on the table, which motion prevailed.
SB 1070, with SCS, introduced by Senator Gibbons, entitled:
An Act to repeal sections 43.540 and 589.410, RSMo, relating to protection of children, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.
Was called from the Consent Calendar and taken up.
SCS for SB 1070, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1070
An Act to repeal sections 43.540 and 589.410, RSMo, relating to protection of children, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.
Was taken up.
Senator Gibbons moved that SCS for SB 1070 be adopted, which motion prevailed.
On motion of Senator Gibbons, SCS for SB 1070 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | DePasco | Dougherty | Foster |
| Gibbons | Goode | Gross | Jacob |
| Johnson | Kennedy | Kenney | Kinder |
| Klarich | Klindt | Loudon | Mathewson |
| Quick | Rohrbach | Russell | Schneider |
| Sims | Steelman | Stoll | Westfall |
| Wiggins | Yeckel--30 | ||
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Coleman | Singleton | Staples--3 | |
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
On motion of Senator Gibbons, title to the bill was agreed to.
Senator Gibbons moved that the vote by which the bill passed be reconsidered.
Senator Kenney moved that motion lay on the table, which motion prevailed.
SB 1039, introduced by Senator DePasco, entitled:
An Act to repeal section 99.134, RSMo, relating to municipal housing authority com-missioners, 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 DePasco, SB 1039 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Singleton | Staples--2 | ||
| Absent with leave--Senator House--1 | |||
The President declared the bill passed.
On motion of Senator DePasco, title to the bill was agreed to.
Senator DePasco moved that the vote by which the bill passed be reconsidered.
Senator Kenney moved that motion lay on the table, which motion prevailed.
SB 1163, with SCS, introduced by Senator Steelman, entitled:
An Act to repeal section 643.220, RSMo, relating to the air emissions banking and trading program, 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 1163, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1163
An Act to repeal section 643.220, RSMo, relating to the air emissions banking and trading program, and to enact in lieu thereof one new section relating to the same subject.
Was taken up.
Senator Steelman moved that SCS for SB 1163 be adopted, which motion prevailed.
On motion of Senator Steelman, SCS for SB 1163 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Goode | Gross |
| Jacob | Johnson | Kennedy | Kenney |
| Kinder | Klarich | Klindt | Loudon |
| Mathewson | Quick | Rohrbach | Russell |
| Schneider | Sims | Steelman | Stoll |
| Westfall | Wiggins | Yeckel--31 | |
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Singleton | Staples--2 | ||
| Absent with leave--Senator House--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 Kenney moved that motion lay on the table, which motion prevailed.
SB 1243, introduced by Senator Johnson, entitled:
An Act to repeal sections 419.010, 419.020, 419.030 and 419.040, RSMo, relating to lodging establishments, and to enact in lieu thereof four new sections relating to the same subject.
Was called from the Consent Calendar and taken up.
On motion of Senator Johnson, SB 1243 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | Coleman | DePasco | Dougherty |
| Foster | Gibbons | Gross | Jacob |
| Johnson | Kennedy | Kenney | Kinder |
| Klarich | Klindt | Loudon | Mathewson |
| Quick | Rohrbach | Russell | Schneider |
| Sims | Steelman | Stoll | Westfall |
| Wiggins | Yeckel--30 | ||
| NAYS--Senator Goode--1 | |||
| Absent--Senators | |||
| Singleton | Staples--2 | ||
| Absent with leave--Senator House--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 Kenney moved that motion lay on the table, which motion prevailed.
SECOND READING OF SENATE BILLS
The following Bill was read the 2nd time and referred to the Committee indicated:
SB 1248--Rules, Joint Rules, Resolutions and Ethics.
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 1159, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.
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 1214, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special motorcycle license plates for veterans.
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 1624, entitled:
An Act to amend chapter 301, RSMo, by adding thereto three new sections relating to special license plates.
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 1204, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.
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 1093, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.
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 1714, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to a St. Louis College of Pharmacy special license plate.
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 1205, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to a civil air patrol license plate.
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 1411, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to a Hearing Impaired Kids Endowment Fund, Inc., license plate.
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 1094, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.
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 1397, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.
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 1391, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to license plates.
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 1272, entitled:
An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.
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 1918, entitled:
An Act to repeal section 304.235, RSMo, and to enact in lieu thereof one new section relating to avoidance of weigh stations.
In which the concurrence of the Senate is respectfully requested.
Read 1st time.
MESSAGES FROM THE GOVERNOR
The following message was received from the Governor, reading of which was waived:
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
March 20, 2002
TO THE SENATE OF THE 91st GENERAL ASSEMBLY
OF THE STATE OF MISSOURI:
The following addendum should be made to the appointment of Brenda D. Newberry for the Missouri Minority Business Advocacy Commission, submitted to you on March 18, 2002. Line 4 should be amended to read:
qualified; vice, Michelle Lathan, term expired.
Respectfully submitted,
BOB HOLDEN
Governor
President Pro Tem Kinder referred the above addendum to the Committee on Gubernatorial Appointments.
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 SS for SCS for SBs 817, 978 and 700, 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.
On motion of Senator Kenney, the Senate recessed until 3:00 p.m.
RECESS
The time of recess having expired, the Senate was called to order by Senator Gross.
THIRD READING OF SENATE BILLS
SB 1124, introduced by Senator Dougherty, entitled:
An Act to authorize the governor to convey certain property in the city of St. Louis.
Was called from the Consent Calendar and taken up.
On motion of Senator Dougherty, SB 1124 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Caskey | Cauthorn | Childers |
| DePasco | Dougherty | Foster | Gibbons |
| Goode | Gross | House | Johnson |
| Kennedy | Kenney | Kinder | Klarich |
| Klindt | Loudon | Mathewson | Quick |
| Rohrbach | Russell | Schneider | Sims |
| Singleton | Staples | Steelman | Westfall |
| Wiggins | Yeckel--30 | ||
| NAYS--Senators--None | |||
| Absent--Senators | |||
| Bland | Coleman | Jacob | Stoll--4 |
| Absent with leave--Senators--None | |||
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.
SB 1137, with SCS, introduced by Senator Bentley, entitled:
An Act to repeal sections 193.015, 193.045, 193.065, 193.085, 193.087, 193.115, 193.125, 193.145, 193.225, 193.245, 193.265, 473.697 and 490.620, RSMo, relating to electronic creation and access to birth and death records, and to enact in lieu thereof thirteen new sections relating to the same subject.
Was called from the Consent Calendar and taken up.
SCS for SB 1137, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1137
An Act to repeal sections 193.045, 193.065, 193.085, 193.087, 193.115, 193.125, 193.145, 193.225, 193.245, 193.265, 473.697 and 490.620, RSMo, relating to electronic creation and access to birth and death records, and to enact in lieu thereof twelve new sections relating to the same subject.
Was taken up.
Senator Bentley moved that SCS for SB 1137 be adopted, which motion prevailed.
On motion of Senator Bentley, SCS for SB 1137 was read the 3rd time and passed by the following vote:
| YEAS--Senators | |||
| Bentley | Bland | Caskey | Cauthorn |
| Childers | DePasco | Dougherty | |