Journal of the Senate
FIRST REGULAR SESSION
FIFTH DAY--WEDNESDAY, JANUARY 10, 2001
The Senate met pursuant to adjournment.
President Maxwell in the Chair.
Reverend Carl Gauck offered the following prayer:
"All the Nations of the earth...shall fear and tremble because of all the good and all the prosperity I provide..."(Jeremiah 33:9)
Gracious God, we thank You for broadening our outlook and helping us to see the good we can do beyond our senatorial districts. Help us to see the blessings You bestow to the people of this state and nation and help us to ensure all our citizens prosper because of them. Walk with us this day and let us know of Your presence. 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:
|Absent with leave--Senator Scott--1|
|The Lieutenant Governor was present.|
Senator Caskey offered Senate Resolution No. 28, regarding Belinda Davis, Belton, which was adopted.
Senator Schneider offered Senate Resolution No. 29, regarding Nicholas Clay "Nick" Hughett, St. Louis, which was adopted.
Senator Bentley offered Senate Resolution No. 30, regarding the death of William M. "Mike" Walker, M.D., Springfield, which was adopted.
Senator Bentley offered Senate Resolution No. 31, regarding the death of Betty Wessel, Springfield, which was adopted.
Senator Quick moved that SR 27 be taken up for adoption, which motion prevailed.
Senator Quick offered SS for SR 27:
SENATE SUBSTITUTE FOR
SENATE RESOLUTION NO. 27
Notice of Proposed Rule Change
Notice is hereby given by the Senator from the 17th District of the one day notice required by rule of intent to put a motion to adopt the following rule change:
BE IT RESOLVED by the Senate of the Ninety-First General Assembly, First Regular Session, that Senate Rules 25 and 28 be amended to read as follows:
"Rule 25. The president pro tem of the senate shall appoint the following standing and statutory committees:
1. Committee on Administration, 5 members.
2. Committee on Aging, Families and Mental Health, 7 members.
3. Committee on Agriculture, Conservation, Parks and Tourism, 11 members.
4. Committee on Appropriations, 13 members.
5. Committee on Civil and Criminal Jurisprudence, 9 members.
6. Committee on Commerce and Environment, 9 members.
7. Committee on Education, 13 members.
8. [Committee on Elections, Veterans' Affairs and Corrections, 9 members.
9. Committee on Ethics, 8 members.
10.] Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, 9 members.
[11.] 9. Committee on Gubernatorial Appointments, 11 members.
[12.] 10. Committee on Insurance and Housing, 9 members.
[13.] 11. Committee on Judiciary, 9 members.
[14.] 12. Committee on Labor and Industrial Relations, 9 members.
[15.] 13. Committee on Local Government and Economic Development, 7 members.
[16.] 14. Committee on Legislative Research (statutory), 10 members.
[17.] 15. Committee on Pensions and General Laws, 7 members.
[18.] 16. Committee on Public Health and Welfare, 9 members.
[19.] 17. Committee on Rules, Joint Rules [and], Resolutions and Ethics, 9 members.
[20.] 18. Committee on State Budget Control, 9 members.
[21.] 19. Committee on Transportation, 9 members.
[22.] 20. Committee on Ways and Means, 11 members.
All committees shall have leave to report at any time. The chairman of any standing committee may appoint one or more subcommittees, with the approval of the committee, to hold hearings on bills referred to the committee and shall report its findings to the standing committee.
Rule 28. The duties of the standing and statutory committees of the senate are as follows:
1. The Committee on Administration shall superintend and have sole and complete control of all financial obligations and business affairs of the senate, the assignment of offices and seats, and the supervision of certain designated employees. The committee shall be authorized to employ an administrator, who shall be provided with office space as designated by the committee. The administrator or the secretary of the senate may be authorized to act for the committee, but only in the manner and to the extent as may have previously been authorized by the committee with such authorization entered in the minutes of the committee. No voucher calling for payment from the contingent fund of the senate shall be drawn, nor shall any valid obligation exist against the contingent fund until the same shall have been approved by the committee or its administrator and be recorded in the minutes thereof. All vouchers must be signed by the chairman of the committee or the administrator, if so authorized. The committee or its administrator shall provide for the receiving and receipt of all supplies, equipment and furnishings purchased for the account of the senate, and the distribution thereof. The administrator shall keep a detailed running account of all transactions and shall open his records for inspection to any senator who so requests. All employees other than elected officials of the senate and employees of the individual senators, shall be selected by the committee, who shall control their tenure, set their compensation, assign their duties and exercise complete supervision over them. When necessary, the committee shall assign office space and seats in the senate chamber.
2. The Committee on Aging, Families and Mental Health shall consider and report upon all matters referred to it concerning the preservation of the quality of life for senior citizens, nursing home and boarding home operations, alternative care programs for the elderly, family and children issues, mental health, mental retardation and developmental disabilities.
3. The Committee on Agriculture, Conservation, Parks and Tourism shall consider all questions and report on all bills, resolutions, and all other matters referred to it relating to animals, animal disease, pest control, agriculture, the state park system, conservation of the state's natural resources, soil and water, wildlife, game refuges, and tourism and the promotion of tourism as a state industry.
4. The Committee on Appropriations shall report upon all bills and measures and questions referred to it pertaining to general appropriations and disbursement of public money.
5. The Committee on Civil and Criminal Jurisprudence shall consider, examine and report upon all matters and bills referred to it concerning civil procedure and all matters relating to the criminal laws of the state, criminal costs and all related matters. The committee shall also examine and report upon all matters and bills referred to it relating to probation or parole of persons sentenced under the criminal laws of the state.
6. The Committee on Commerce and Environment shall consider all questions and report on all bills, resolutions and all other matters referred to it relating to the development of state commerce and the commercial sector, consumer protection, the development and conservation of energy resources and the disposal of solid, hazardous and nuclear wastes and other matters relating to environmental pollution.
7. The Committee on Education shall examine into and report upon all matters referred to it relating to all matters of education in the state, including the public schools, libraries, programs and institutions of higher learning, and shall examine and report on all propositions, memorials, petitions, or bills relating thereto.
8. [The Committee on Elections, Veterans' Affairs and Corrections shall consider all questions and report on all bills, resolutions and on all matters referred to it relating to elections, election law, and to military organizations and all matters touching on military and veterans' affairs and all matters relating to the department of corrections including the state's penal institutions and training facilities and the sentencing of people to the department of corrections.
9. The Committee on Ethics shall consider, examine and report upon all matters and bills referred to it relating to ethics and the conduct of public officials and employees, and shall recommend to the Senate the rules by which investigations and disciplinary proceedings will be conducted.
10.] The Committee on Financial and Governmental Organization, Veterans' Affairs and Elections shall consider all questions and report on all bills, resolutions and all other matters referred to it relating to banks and banking, savings and loan associations and other financial institutions in the state. The committee shall also examine and report upon all bills and matters referred to it relating to the reorganization, establishment, consolidation or abolition of departments, boards, bureaus and commissions of state government, the internal operation of any state agency and the effect of federal legislation upon any state agency. The committee shall consider all questions and report on all bills, resolutions and on all matters referred to it relating to redistricting, election law and to military organizations and all matters relating to the department of corrections including the state's penal institutions and training facilities and the sentencing of people to the department of corrections.
[11.] 9. The Committee on Gubernatorial Appointments shall consider and report upon all gubernatorial appointments referred to it.
[12.] 10. The Committee on Insurance and Housing shall take into consideration all matters referred to it relating to life, accident, indemnity and other forms of insurance, and all matters relating to urban renewal and housing.
[13.] 11. The Committee on Judiciary shall consider all questions and bills relating to the judicial department of the state, examine the constitutionality of all bills referred to it by the senate, and examine into and report upon all matters and bills relating to the practice in the courts of this state and in which questions of law or equity may arise, and may consider, examine and report on all matters and bills referred to the committee relating to workers' compensation.
[14.] 12. The Committee on Labor and Industrial Relations shall examine all matters and bills referred to it in relation to labor management, fair employment standards, workers' compensation and employment security within the state and shall examine any bills referred to it relating to industrial development and other matters relating to urban areas.
[15.] 13. The Committee on Local Government and Economic Development shall consider all questions and report on all bills, resolutions and all other matters referred to it relating to community and business development, county government, township organizations and political subdivisions, and all bills referred to it relating to the promotion of economic development.
[16.] 14. The Committee on Legislative Research (statutory) shall perform its statutory duties and other assignments made.
[17.] 15. The Committee on Pensions and General Laws shall consider and report on all bills, resolutions and all other matters concerning retirement, pensions and pension plans which may be referred to it. The committee shall also examine and report upon all matters and bills referred to it concerning general topics.
[18.] 16. The Committee on Public Health and Welfare shall consider, examine and report upon all matters and bills referred to it concerning income maintenance, social services, health care programs, alcoholism and drug abuse, medicaid, child support enforcement, disease control and prevention, hospital operation and alternative state health care proposals.
[19.] 17. The Committee on Rules, Joint Rules [and], Resolutions and Ethics shall consider and report on all rules for the government of the senate and joint rules when requested by the senate, [and] shall consider, examine and report upon all matters and bills referred to it relating to ethics and the conduct of public officials and employees, shall recommend to the Senate the rules by which investigations and disciplinary proceedings will be conducted, and shall examine and report upon all resolutions and other matters which may be appropriately referred to it. The committee shall see that bills and amendments are properly perfected and printed. The committee shall examine all Truly Agreed To and Finally Passed bills carefully, and report that the printed copies furnished the senators are correct. Upon the written request of the sponsor or floor handler of a bill, the committee may recommend that any such bill on the calendars for perfection or house bills on third reading be called up or considered out of order in which the bill appears on that calendar. A recommendation to consider bills out of order shall require approval by a majority of the committee with the concurrence of two-thirds of the senate members. No floor debate shall be allowed on the motion to adopt the committee report.
The Committee shall examine bills placed on the Consent Calendar and may, by majority vote, remove any bill from the consent calendar within the time period prescribed by Rule 45, that it determines is too controversial to be treated as a consent bill.
[20.] 18. 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 of the first two 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 of the first two 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.
[21.] 19. The Committee on Transportation shall consider, examine and report upon all matters and bills referred to it concerning roads, highways, bridges, airports and aviation, railroads, port authorities, and other means of transportation and matters relating to motor vehicles and drivers' licenses.
[22.] 20. The Committee on Ways and Means shall consider, examine and report upon all matters and bills referred to it concerning the revenue and public debt of the state, and interest thereon, the assessment of real and personal property, the classification of property for taxation purposes and gaming.".
Senator Quick moved the above substitute resolution be adopted.
At the request of Senator Quick, SR 27, with SS (pending), was placed on the Calendar.
Senator DePasco moved that the Senate recess to repair to the House of Representatives to receive a message from the Chief Justice of the Supreme Court, the Honorable William Ray Price, Jr., which motion prevailed.
The Joint Session was called to order by President Maxwell.
On roll call the following Senators were present:
|Absent with leave--Senators|
On roll call the following Representatives were present:
|Hunter||Jetton||Johnson (61)||Johnson (90)|
|Jolly||Kelley (47)||Kelly (144)||Kelly (27)|
|May (149)||Mayer||Mays (50)||McKenna|
|Williams||Willoughby||Wilson (25)||Wilson (42)|
|Absent and Absent with Leave--Representatives|
The Joint Committee appointed to wait upon the Chief Justice of the Supreme Court, William Ray Price, Jr., escorted the Chief Justice to the dais where he delivered the State of the Judiciary Address to the Joint Assembly:
State of the Judiciary 2001
Chief Justice William Ray Price, Jr.
January 10, 2001
Mr. Speaker. Mr. President. Members of the General Assembly.
On behalf of the judges of the state of Missouri, it is a pleasure and an honor to deliver this 28th State of the Judiciary address.
At the outset, let me commend you, both members of the House and members of the Senate, for resolving your issues of leadership. I am certain that each side had hoped for more and that each side had clever strategies in place in the event compromise was not reached. But, you were right to take the high road and to avoid the partisan chicanery that so tires our people. Centuries ago, Sir Francis Bacon noted that:
Nothing doth more hurt in a state than that cunning men pass for wise.
You acted with wisdom and dignity befitting the high honor of the House and of the Senate. I commend you.
Now, just the second day after our inauguration ceremonies, the sense of a new beginning is overwhelming. New faces and new dreams; all in hopes of a brighter future for the people of Missouri. You have the important task of charting the path for our government and people to follow.
Our role in the courts, though equally important, is much more limited. We resolve disputes. We have no power until litigants come to us with a real controversy. When they do, we are not free to choose any resolution. We are first bound to honor our national and our state constitutions. We then follow the laws that you enact. We attempt to do this as fairly and as faithfully as we can, reading the words you chose as simply and accurately as possible. We are not free to do what we might think is best otherwise, nor are we free to do what we might think you meant otherwise. We may only follow the words of the statutes as you have actually written them.
I know some of you are wondering why I am taking time to say this. But, sometimes it is best to say, out loud, the important rules we live by, so there is no confusion between you and us. It is our desire as judges simply to follow and interpret the laws of Missouri, not to chart new paths on our own. That is what the people elect you to do. Your duty in this regard deserves the highest care both in your thoughts and your words.
I am pleased to report to you that the wisdom of the Missouri Plan for merit selection of appellate judges, again, leads the nation. While contested elections in Michigan, Ohio, and Mississippi involved the expenditures of millions and millions of dollars of special interest money, one Missouri Supreme Court judge and three judges of our Court of Appeals were retained without a penny of fund raising or expenditure and without a single negative advertisement.
The Missouri Plan has also shown its value in the diversification of our appellate courts. Our past four appointments--Sherrie Sullivan, Thomas Newton, George Draper, and Ron Holliger--include two African American men and a woman.
Let me be clear. The Missouri Plan is the example to the nation of the best method for selecting appellate judges. It deserves our continued respect and protection.
We at the Supreme Court are sad that Ann Covington is resigning at the end of this month. As the first woman to serve on our Court of Appeals and Supreme Court, she has played a pivotal role in the history of this state. She played that role with dignity and grace. We will miss her.
We have confidence that the Missouri Plan will serve us well in selecting her successor, but you should note that this is the second judge of the Supreme Court in the past three years to leave the court prematurely to return to the private sector. Last year, Judge Albert Riederer left the Court of Appeals to do the same. These actions speak louder than any words I can say.
As I said before, our core function is to decide lawsuits. For better or for worse, the people of Missouri are still turning to the courts for the resolution of their controversies in great numbers. Last year, approximately 962,000 new cases were filed. Our courts resolved approximately 917,000 cases. We continue to focus on timely resolution of the lawsuits brought before us, and we continue to transfer judges around the state to equalize caseloads.
I am pleased to report that again:
We disposed of 80% of civil cases within 18 months;
We disposed of 91% of domestic cases within 12 months;
We disposed of 85% of associate civil cases in 6 months
and 94% within 12 months; and
We disposed of 85% of circuit court felony cases within 8
Unlike many other states, there are no massive backlogs in our courts and Missouri litigants are able to obtain trial dates as they are needed. We are grateful to the hardworking judges across the state who make this possible. We are also grateful to you for providing the necessary resources for us to do our work.
Last year, I spoke to you about two areas of priority that we would focus on in our administrative capacity, court automation and drug courts. I am pleased to report to you that significant progress was made in both of these areas.
This past calendar year, the Missouri Court Automation Project more than doubled the number of circuit courts in the state benefiting from its case management system. As of today, 15 judicial circuits, consisting of 32 counties, the Supreme Court, and all three districts of the Court of Appeals are now online. During the remainder of this fiscal year we plan to add six additional judicial circuits including 16 counties in the southeastern portion of the state. By July 1, 2001, almost 41% of our caseload and almost 50% of our citizens will have access to the benefits of court automation.
We have kept our promise to use new monies to roll out court automation across the state as quickly as possible. It is crucial that this project be completed.
In the next fiscal year, we plan to add another ten judicial circuits consisting of 27 additional counties: Scotland, Schuyler, Clark, Carroll, Ray, Randolph, Howard, Lafayette, Saline, Benton, Dallas, Hickory, Polk, Webster, Atchison, Gentry, Holt, Nodaway, Worth, Linn, Chariton, Sullivan, St Louis County probate division, Jefferson, Henry, St. Clair, and Bates. This will increase the benefits of automation to 55% of Missouri's caseload and 76% of Missouri's population. To stop this project halfway, having favored many of our counties, but leaving the others out, would be unthinkable and most likely irreversible.
The usefulness of court automation extends beyond mere judicial record keeping and affects the lives of our citizens in very real ways. In Fulton, Missouri, we developed a pilot site linking an elementary school, a middle school, and a high school to the courts and to the local juvenile officer. The system allows the immediate online exchange of juvenile court and protective custody information, as well as the names of students who have received detention, tardiness, truancy notices, and incident reports.
The need for such a system was quickly apparent. A student moved from Boone County to Fulton without telling her juvenile officer. A school guidance counselor made an inquiry and within 10 minutes learned that the student had a scheduled court appearance for the next day. Without the pilot project, the student would have missed the court appearance and would have gotten into even worse trouble.
Another example of the need for a statewide system of court automation also comes from Callaway County. A mother there was hospitalized with no one to care for her 14-year-old son. The boy was placed in a foster care home so that he could be provided for safely. The home included several other young children. What was not known was that the 14-year-old boy was accused in another county of allegedly sexually molesting children. The failure to have a statewide computer system linking court to court and court to juvenile officer allowed for well-meaning state employees to create a very dangerous situation for the children already in that home. We all need the Missouri Court Automation program to go forward.
Another area of important progress in the past year has been drug courts. As you recall, drug courts provide treatment to non-violent offenders under intense judicial supervision, most often as an alternative to incarceration. We now have 22 adult felony drug courts, 7 juvenile drug courts, and 2 family drug courts. Another 21 adult drug courts, 7 juvenile drug courts, and 6 family drug courts are in the planning stage. Twenty-eight additional counties are considering drug court programs.
The benefits of drug court programs relative to their cost is clear and compelling. As of July 1, 2000, 1147 individuals graduated from Missouri drug courts at an average cost to the state of $5,042 a person. The recidivism rate for these individuals was about 5%. The cost of incarceration for these individuals would have been at least $12,700 a year. The recidivism rate for drug offenders who have not graduated from drug court is about 45%.
Listen to those numbers again: $5,042 a year for drug court compared to $12,700 a year for incarceration; 5% recidivism rate for drug court graduates compared with a 45% recidivism rate otherwise. If you have to think twice, consider this. Twenty-five drug free babies were born to drug court participants. Estimated hospital savings for those new babies begin at $4,300 per child. But, how can you even begin to value the hope that now can exist for these new lives?
Just two weeks ago associate circuit Judge Patricia Joyce from here in Jefferson City sent me a copy of a letter she received from one of her drug court graduates. The letter was titled "Gratitude". Let me read parts of that letter to you.
As this year is coming to an end, I have looked back to where I started.…I was once again full blown into my addiction…with the same results jail or D.O.C….But by the grace of God my cry for help was answered….I was given the opportunity to receive help for my addiction instead of being locked away as I have [been] so many times before….I could go on forever…to express my gratitude for the people in my life to this day [who] have helped me change from criminal activity to a responsible citizen….I know I have a long way to go and…the road…will be hard….I am very thankful for having this opportunity to start living again…
The author of this letter is now gainfully employed and plans to enroll in college this coming semester.
Drug courts are one of the rare opportunities in government where the least expensive alternative works the best to truly help people in need. We again ask that you support this program.
We again ask that you coordinate the disjointed method of funding this important work so that it can be administered as efficiently and as effectively as possible.
There is one other area of work that I did not speak about last year, that I need to talk about now. It concerns our attempt to speed up the process for the permanent placement of our children who are in foster care.
When it is so dangerous to leave a child with his or her natural parents that the state must intervene and remove the child, then it is the state's obligation to determine what to do with that child as quickly as possible. Although we owe our deepest thanks to those individuals who serve as foster parents, leaving the child in an endless legal morass of foster care is not the answer.
Three years ago, we initiated two pilot projects to see if we could shorten the time to adjudicate permanent placement for these children. One pilot project was in the 2nd judicial circuit under the supervision of Judge Russell Steele. The other was in the 23rd judicial circuit under the supervision of associate circuit Judge Carol Bader. We learned that with aggressive case management and close judicial supervision we could reduce a child's stay in foster care by an average of 105 days, at a savings of $25 a day per child.
We would like to expand these pilot projects into 5 additional circuits. We have shown that any dollars committed to speeding our foster children to new permanent homes will repay themselves many times over. And, of course, it is the right thing to do for our most unfortunate children.
This is the only opportunity I have to address you as a body for the coming session. Although there are many other matters I could talk about, I have limited my remarks to those that I believe are most important for you to hear. Matters that I believe are most important for the people of Missouri.
I would like you to remember that we are performing our core function timely and well. We do not want to slide backwards into massive backlogs that would delay, and in some cases deny, our citizens access to the courts for the resolution of their disputes.
In our administrative capacity, we attempt to focus upon those matters that are of crucial importance and that have the promise of improved usefulness and efficiency.
One of those areas is statewide court automation. Our new system is working. The project is halfway done. We cannot stop rollout now.
Another is drug courts. They make moral and fiscal sense. They need to be expanded both geographically to new counties and to family and juvenile settings. Funding needs to be coordinated and administered to assure the greatest possible efficiency and effectiveness.
Finally, we need to improve the manner in which we care for our children who have been removed from their natural homes. Resources are needed to expand our two pilot sites into 5 additional counties.
I know that this will be a very difficult year for the state's budget. Everyone will be coming to you with worthwhile programs, all seeking the same money. Please remember, justice is not a luxury to be financed only in good times and cut back in bad times. Justice is the dream of our people that allows them to have faith in their government. It is no mistake, that its promise is how we end our pledge of allegiance.
Thank you. I wish you the very best in your service to the people of Missouri in this session of the General Assembly.
On motion of Senator Kenney, the Joint Session was dissolved and the Senators returned to the Chamber where they were called to order by President Maxwell.
Senators Gross, Russell, Wiggins and DePasco offered the following concurrent resolution:
SENATE CONCURRENT RESOLUTION NO. 3
WHEREAS, on May 14, 1804, at the request of President Thomas Jefferson, Meriwether Lewis and William Clark set out on an amazing expedition across the Louisiana Territory to explore the country west of the Mississippi by following the Missouri River to its headwaters in order to discover a water route to the Pacific Ocean; and
WHEREAS, Lewis and Clark faced unknown people, harsh conditions and unexplored lands to secure a place in history as two of the world's greatest explorers; and
WHEREAS, the Lewis and Clark Expedition was successful in not only discovering a westward river route to the Pacific, but also in mapping the new territory and describing previously unknown plant and animal life; and
WHEREAS, as a result of the expedition, claims were established to Oregon, Washington and Idaho, our knowledge of the land west of the Mississippi was greatly expanded and new opportunities were provided for settlement and trade along the Missouri River; and
WHEREAS, the bicentennial of the Lewis and Clark Expedition is approaching with towns along the expedition route planning festivals, parties and commemorations of the explorers that helped to shape their history:
NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-First General Assembly, First Regular Session, the House of Representatives concurring therein, hereby request the Department of Elementary and Secondary Education to develop a model curriculum for public school instruction concerning the Lewis and Clark Expedition which includes age-appropriate content for elementary and secondary grade levels and hereby request all school districts to include age-appropriate curriculum and instruction regarding the Lewis and Clark Expedition in regular courses of instruction beginning with the 2002-2003 school year; and
BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Commissioner of Education and the President of the State Board of Education.
Senators Gross, Russell and DePasco offered the following concurrent resolution:
SENATE CONCURRENT RESOLUTION NO. 4
WHEREAS, the Flag of the United States of America is a unique symbol of our liberty, freedom and national unity; and
WHEREAS, millions of men and women have followed the Flag of the United States of America onto foreign shores and into battle with many of them giving their lives for that Flag; and
WHEREAS, the Supreme Court of the United States has ruled that it is not a violation of law to desecrate the Flag of the United States of America; and
WHEREAS, the Supreme Court of the United States has declared that the desecration of the Flag of the United States of America is only an expression of free speech protected by the Constitution of the United States of America; and
WHEREAS, Congress has provided federal protections by declaring certain property to be property of the federal government:
NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-First General Assembly, First Regular Session, the House of Representatives concurring therein, hereby urge the Congress of the United States to enact legislation declaring the Flag of the United States to be federal property; 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 Senate, the Speaker of the United States House of Representatives and the members of the Missouri Congressional delegation.
INTRODUCTION OF BILLS
The following Bills were read the 1st time and 1,000 copies ordered printed:
SB 256-By Caskey.
An Act to amend chapter 644, RSMo, by adding thereto one new section relating to political subdivisions.
SB 257-By Caskey.
An Act to repeal sections 104.374 and 104.610, RSMo 2000, relating to retirement of certain state employees, and to enact in lieu thereof two new sections relating to the same subject.
SB 258-By Rohrbach and Schneider.
An Act to repeal sections 483.310 and 488.426, RSMo 2000, relating to court fees, and to enact in lieu thereof two new sections relating to the same subject.
SB 259-By Childers, Mathewson, Stoll, Johnson, Russell and Klarich.
An Act to repeal section 320.094, RSMo 2000, relating to fire protection, and to enact in lieu thereof three new sections relating to the same subject.
SB 260-By Gross and Stoll.
An Act to amend chapter 537, RSMo, by adding thereto one new section relating to claims against certain licensed professionals.
SB 261-By House.
An Act to amend chapter 1, RSMo, by adding thereto three new sections relating to the prohibition of interference with the free exercise of religion.
SB 262-By Stoll.
An Act to repeal section 170.011, RSMo 2000, relating to required instruction in govern-ment, history and institutions, and to enact in lieu thereof one new section relating to the same subject.
SB 263-By Stoll.
An Act to repeal section 169.070, RSMo 2000, and to enact in lieu thereof one new section relating to public school retirement system benefits.
SB 264-By Steelman.
An Act to repeal sections 104.312 and 104.1051, RSMo 2000, relating to judicial division of benefits, and to enact in lieu thereof two new sections relating to the same subject.
SB 265-By Schneider and Caskey.
An Act to repeal sections 621.055, 621.155, 621.165, 621.175, 621.185, 621.189 and 621.198, RSMo 2000, relating to administrative procedure, and to enact in lieu thereof three new sections relating to the same subject.
Senator Quick moved that SR 27, with SS (pending), be taken up for adoption, which motion prevailed.
SS for SR 27 was again taken up.
Senator Kinder offered SA 1, which was read:
SENATE AMENDMENT NO. 1
Amend Senate Substitute for Senate Resolution No. 27, Page 6, Rule 28, Line 8 of Rule 28, by striking the following "redistricting,".
Senator Kinder moved that the above amendment be adopted.
Senator Klarich offered SSA 1 for SA 1:
SENATE SUBSTITUTE AMENDMENT NO. 1
FOR SENATE AMENDMENT NO. 1
Amend Senate Substitute for Senate Resolution No. 27, Page 6, Rule 28, Line 8 of Rule 28, by striking the following "redistricting,"; and
Further amend said resolution, Rule 28, page 7, line 27, by inserting after all of said line the following:
"17. The Committee on Redistricting shall consider and report on all bills, resolutions and other matters referred to it relating to Congressional redistricting (Constitution, Article III, Section 45)."; and further amend said resolution by renumbering the remaining paragraphs accordingly.
Senator Klarich moved that the above substitute amendment be adopted, which motion prevailed.
Senator Klarich offered SA 2:
SENATE AMENDMENT NO. 2
Amend Senate Substitute for Senate Resolution No. 27, Page 2, Rule 25, Line 15 of said page, by inserting after said line the following:
"17. Committee on Redistricting, 8 members."; and renumber the remaining paragraphs accordingly.
Senator Klarich moved that the above amendment be adopted, which motion prevailed.
Senator Kenney announced that photographers from Channel 17 had been given permission to take pictures in the Senate Chamber today.
Senator Schneider offered SA 3:
SENATE AMENDMENT NO. 3
Amend Senate Substitute for Senate Resolution No. 27, Rule 25, in lines numbered 3, 5, 6, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, and 20, by amending the number of members of all such committees to "7" members; and
Further amend line numbered "7" (education) to 9 members.
Senator Schneider moved that the above amendment be adopted, which motion failed.
On motion of Senator Quick, SS for SR 27, as amended, was adopted by the following vote:
|Absent with leave--Senators|
On motion of Senator Kenney, the Senate recessed until 3:00 p.m.
The time of recess having expired, the Senate was called to order by Co-Pro Tem Kinder.
INTRODUCTION OF BILLS
The following Bill was read the 1st time and 1,000 copies ordered printed:
SB 266-By Bland and Carter.
An Act to amend chapter 192, RSMo, by adding thereto one new section relating to a state systemic lupus erythematosis program in the department of health.
President Pro Tem Quick submitted the following committee appointments:
AGING, FAMILIES AND MENTAL HEALTH
AGRICULTURE, CONSERVATION, PARKS AND TOURISM
CIVIL AND CRIMINAL JURISPRUDENCE
COMMERCE AND ENVIRONMENT
FINANCIAL AND GOVERNMENTAL ORGANIZATION, VETERANS' AFFAIRS AND ELECTIONS
INSURANCE AND HOUSING
LABOR AND INDUSTRIAL RELATIONS
LOCAL GOVERNMENT AND ECONOMIC
PENSIONS AND GENERAL LAWS
PUBLIC HEALTH AND WELFARE
RULES, JOINT RULES, RESOLUTIONS AND ETHICS
STATE BUDGET CONTROL
WAYS AND MEANS
President Pro Tem Quick submitted the following Hearing Schedule:
SENATE HEARING SCHEDULE
91st GENERAL ASSEMBLY
FIRST REGULAR SESSION
JANUARY 10, 2001
|8:30 a.m.||Commerce and
|Civil and Criminal
|Rules, Jt. Rules, Resolutions
& Mental Health-
|Labor & Industrial
|Financial and Governmental
Affairs and Elections-
|Local Government and
Parks and Tourism-
|Insurance and Housing
|Ways and Means-
SL - Senate Lounge
SCR 1 - Senate Committee Rm. 1, Room 118
SCR 2 - Senate Committee Rm. 2, Room 119
INTRODUCTION OF BILLS
The following Bills were read the 1st time and 1,000 copies ordered printed:
SB 267-By Klarich and Schneider.
An Act to repeal sections 43.503, 56.085, 67.133, 452.556, 455.040, 455.205, 479.150, 482.330, 483.500, 514.440, 534.070, 550.120 and 610.105, RSMo 2000, and section 303.041 as enacted in house bill no. 1797 by the ninetieth general assembly, second regular session and as enacted in senate bill no. 19 by the ninetieth general assembly, first regular session, relating to court procedures, and to enact in lieu thereof fourteen new sections relating to the same subject.
SB 268-By Schneider.
An Act to repeal sections 196.790, 426.220, 426.230, 429.360, 487.030, 534.350, 534.360, 534.380, 535.030, 535.110 and 541.020, RSMo 2000, relating to judicial procedures, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions and an effective date for certain sections.
SB 269-By Schneider.
An Act to repeal section 537.675, RSMo 2000, relating to the tort victims compensation fund, and to enact in lieu thereof seven new sections relating to the same subject.
SB 270-By Schneider.
An Act relating to administrative law judges, with an effective date.
SB 271-By Schneider.
An Act to repeal section 488.426, RSMo 2000, relating to law library funds, and to enact in lieu thereof one new section relating to the same subject.
SB 272-By DePasco.
An Act to repeal sections 303.026, 303.190 and 379.203, RSMo 2000, relating to operator policies of liability insurance, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.
SECOND READING OF SENATE BILLS
The following Bills were read the 2nd time and referred to the Committees indicated:
SB 2--Local Government and Economic Development.
SB 3--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.
SB 4--Local Government and Economic Development.
SB 5--Ways and Means.
SB 6--Insurance and Housing.
SB 7--Local Government and Economic Development.
SB 8--Ways and Means.
SB 9--Agriculture, Conservation, Parks and Tourism.
SB 10--Civil and Criminal Jurisprudence.
SB 12--Commerce and Environment.
SB 14--Local Government and Economic Development.
SB 15--Commerce and Environment.
SB 16--Civil and Criminal Jurisprudence.
SB 19--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.
SB 20--Commerce and Environment.
SB 21--Ways and Means.
SB 22--Public Health and Welfare.
SB 27--Public Health and Welfare.
SB 28--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.
SB 31--Local Government and Economic Development.
SB 34--Public Health and Welfare.
SB 35--Insurance and Housing.
SB 37--Civil and Criminal Jurisprudence.
SB 38--Agriculture, Conservation, Parks and Tourism.
SB 40--Ways and Means.
SB 41--Public Health and Welfare.
SB 43--Ways and Means.
SB 44--Aging, Families and Mental Health.
SB 45--Ways and Means.
SB 46--Public Health and Welfare.
SB 47--Public Health and Welfare.
SB 48--Aging, Families and Mental Health.
SB 50--Pensions and General Laws.
SECOND READING OF
The following Concurrent Resolution was read the 2nd time and referred to the Committee indicated:
SCR 2--Rules, Joint Rules, Resolutions and Ethics.
President Pro Tem Quick referred the gubernatorial appointments appearing on pages 9-16 of the Senate Journal for Wednesday, January 3, 2001, and pages 51 and 52 of the Senate Journal for Monday, January 8, 2001, to the Committee on Gubernatorial Appointments.
Senator Rohrbach offered Senate Resolution No. 32, regarding Joyce Elaine Lage, Jefferson City, which was adopted.
Senator Loudon offered Senate Resolution No. 33, regarding the Reverend Jerry Jessen, Ballwin, which was adopted.
INTRODUCTIONS OF GUESTS
The President introduced to the Senate, Diane Rickard, London, England; and former State Senator Joe Moseley, Columbia.
Senator Gross introduced to the Senate, Brian Bolton, Columbia.
Senator Bentley introduced to the Senate, the Physician of the Day, Dr. Norman P. Knowlton, M.D., Springfield.
On motion of Senator Kenney, the Senate adjourned under the rules.
SIXTH DAY-THURSDAY, JANUARY 11, 2001
SECOND READING OF SENATE BILLS
SB 51-Childers and
SB 56-Stoll, et al
SB 57-Stoll, et al
SB 59-Steelman, et al
SB 62-Carter and Bland
SB 63-Carter, et al
SB 68-Gross and House
SB 106-Steelman, et al
SB 120-Goode, et al
SB 138-Goode and Wiggins
SB 147-Wiggins and
SB 157-Goode and Bentley
SB 178-Schneider and
SB 184-Johnson, et al
SB 187-Schneider and
SB 192-Schneider, et al
SB 194-Schneider and
SB 195-Schneider and
SB 212-Gross, et al
SB 213-Gross, et al
SB 214-Gross, et al
SB 220-Kinder and Gross
SB 226-Goode, et al
SB 238-Staples, et al
SB 240-Stoll and Bentley
SB 247-Westfall and
SB 248-Wiggins and
SB 250-Bentley and
SB 254-Gross and Foster
SB 255-Gross, et al
SB 258-Rohrbach and
SB 259-Childers, et al
SB 260-Gross and Stoll
SB 265-Schneider and Caskey
SB 266-Bland and Carter
SB 267-Klarich and
SJR 9-Goode, et al RESOLUTIONS
HCR 3-Crump (DePasco)
To be Referred