Journal of the Senate

FIRST REGULAR SESSION


ELEVENTH DAY--MONDAY, JANUARY 22, 2001


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"The Lord shall watch over your going out and your coming in, from this time forth forevermore." (Psalm 121:8)

Gracious God, we thank You for watching our "going out and coming in," and bringing us safely here to the beginning of this new week. Bless us with Your presence and guide our hearts and minds as we discern the calling You have given to each of us here and the work that is before us. We pray for Senator Yeckel who had surgery this week and pray You will touch her life and body with Your healing power. Bring her to health and wholeness. May what we do and say reflect Your presence and be blessed. In Your gracious 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 for Thursday, January 18, 2001, was read and approved.

Senator DePasco announced that photographers from KOMU-TV had been given permission to take pictures in the Senate Chamber today.

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

Present--Senators
Bentley Bland Caskey Childers
DePasco Foster Gibbons Goode
Gross House Jacob Johnson
Kenney Kinder Klarich Loudon
Mathewson Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins--29
Absent with leave--Senators
Carter Yeckel--2
Vacancies--3
The Lieutenant Governor was present.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 84, regarding the One Hundredth Birthday of Ruth E. Shubert, Butler, which was adopted.

Senator Quick offered Senate Resolution No. 85, regarding Fordyce W. Mitchel, Jefferson City, which was adopted.

Senator Mathewson offered Senate Resolution No. 86, regarding the Sedalia-Pettis County Emergency Management Agency, which was adopted.

Senator Stoll offered Senate Resolution No. 87, regarding Helen Church, Crystal City, which was adopted.

Senator Bentley offered Senate Resolution No. 88, regarding the death of W. E. "Bull" Starnes, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 89, regarding Dr. Tedd A. Hamaker, D.V.M., Springfield, which was adopted.

Senator Singleton offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 90

WHEREAS, the members of the Missouri Senate are always pleased to acknowledge important events of great significance to the history of this fine state and its many outstanding citizens; and

WHEREAS, Jasper County will mark an impressive milestone on January 29, 2001, with the celebration of its One Hundred Sixtieth Anniversary by all those proud citizens who are so very fortunate to call it home; and

WHEREAS, organized on January 29, 1841, Jasper County has a history of one hundred sixty years that evolved at the first courthouse, a log cabin constructed in the early 1830s which still stands at the old cabin shop on Mound Street Road; and

WHEREAS, when Carthage was chosen as Jasper County's permanent seat on March 28, 1842, a $100 one-room building was erected on the north side of the square and served as the courthouse for twelve years until a new two-story structure was erected in the middle of the square in 1854; and

WHEREAS, during the Civil War battle known today as the Battle of Carthage, that new courthouse sustained severe damage from heavy artillery fire on the square which prompted the citizenry to construct a different edifice that was completed in 1895 at the cost of $100,000 and placed on the National Register of Historic Places in 1973; and

WHEREAS, Jasper County enjoys the distinction of being one of the fastest-growing counties in the Show-Me State and prides itself on the success which the community of Joplin has experienced in attracting new business virtually every day; and

WHEREAS, the residents of Jasper County have a reputation of being a close-knit family, the members of which assist, support, and encourage each other especially in time of need:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously in extending hearty congratulations to the citizens of Jasper County as they commemorate one hundred sixty years of achievement and in wishing them continued growth and prosperity in the challenging years that lie ahead; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the One Hundred Sixtieth Anniversary celebration of Jasper County, Missouri.

Senator DePasco offered Senate Resolution No. 91, regarding James V. Spallo, Kansas City, which was adopted.

CONCURRENT RESOLUTIONS

Senator Caskey offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 8

Recognizing the Northern Cherokee Indian People of Missouri.

WHEREAS, the Northern Cherokee Indian people are descendants of the Cherokee Nation; and

WHEREAS, the Northern Cherokee settled in Missouri rather than in Indian territory; and

WHEREAS, the Northern Cherokee citizens of Missouri have represented our state in the armed services through several wars; and

WHEREAS, they are very much a part of the state's history and its future; and

WHEREAS, they have continued a form of tribal government for the past 140 years, and in 1979, wrote a constitution and by-laws creating a new and working tribal organization into the state of Missouri in 1982; and

WHEREAS, recognition by the state of Missouri confers certain benefits upon the Northern Cherokee Indian people:

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 recognize the Northern Cherokee Indians; and

BE IT FURTHER RESOLVED that this resolution be sent to the Governor for his approval or rejection pursuant to the Missouri Constitution.

Senators Loudon and Gross offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 9

WHEREAS, the federal Environmental Protection Agency's reformulated gasoline program uses methyl tertiary butyl ether or MTBE as a gasoline additive which makes gasoline burn more efficiently and reduces air pollution; and

WHEREAS, while MTBE is not harmful if completely combusted, contamination of water and air can occur if gasoline is allowed to evaporate or leak into the ground; and

WHEREAS, two recent spills in Missouri have resulted in ground water pollution, which the impact of is yet to be determined; and

WHEREAS, as recently as March of 2000, the federal government took steps to ban MTBE because of continuing reports that the chemical has contaminated drinking water and threatened human health; and

WHEREAS, President Clinton has announced that he wants Congress to replace the Clean Air Act provision that governs additives such as MTBE and ethanol with a renewable fuel standard for all gasoline; and

WHEREAS, as a result of the environmental and health concerns over MTBE, the states of California and New Jersey have already opted out of the EPA's reformulated gasoline program; and

WHEREAS, at a time when gasoline prices have risen, eliminating the use of more costly MTBE treated gasoline could provide Missouri consumers with more than six cents a gallon in much needed tax relief; and

WHEREAS, in the St. Louis Region, MTBE came into use in the summer of 1999, as a method of reducing the area's ozone problem and will be used until 2004 because of the governmental red tape involved in removing MTBE from the market:

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 Governor to allow St. Louis to opt out of the EPA's reformulated gasoline program until a safer substitute for MTBE is found; and

BE IT FURTHER RESOLVED the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Governor.

Senator House requested unanimous consent of the Senate to withdraw SB 261, which request was granted.

INTRODUCTION OF BILLS

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

SB 333-By DePasco.

An Act to repeal sections 160.420, 169.270, 169.280, 169.291, 169.301, 169.315 and 169.324, RSMo 2000, relating to teacher and school retirement systems, and to enact in lieu thereof seven new sections relating to the same subject.

SB 334-By Kinder.

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to a temporary exemption from state and local sales and use tax on retail sales of clothing before the start of the school year, with an emergency clause and a termination date.

SB 335-By Kinder.

An Act to amend chapter 490, RSMo, by adding thereto seven new sections relating to environmental audit privileges, with penalty provisions.

SB 336-By Caskey.

An Act to repeal section 192.935, RSMo 2000, relating to vision examinations for students, and to enact in lieu thereof two new sections relating to the same subject.

SB 337-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 338-By House.

An Act to repeal section 288.055, RSMo 2000, relating to employment security, and to enact in lieu thereof one new section relating to the same subject.

SB 339-By Stoll and Childers.

An Act to repeal section 313.835, RSMo 2000, relating to the veterans' commission capital improvements trust fund, and to enact in lieu thereof one new section relating to the same subject.

SB 340-By Stoll and Childers.

An Act to repeal section 313.835, RSMo 2000, relating to veterans' affairs, and to enact in lieu thereof seven new sections relating to the same subject.

SB 341-By Jacob.

An Act to repeal sections 57.010, 590.100, 590.130, 590.170 and 590.175, RSMo 2000, relating to law enforcement agencies, and to enact in lieu thereof three new sections relating to the same subject.

SB 342-By Jacob.

An Act to repeal section 478.610, RSMo 2000, relating to certain judges, and to enact in lieu thereof one new section relating to the same subject.

SB 343-By Scott.

An Act to repeal section 56.807, RSMo 2000, relating to the retirement system for prosecuting and circuit attorneys, and to enact in lieu thereof one new section relating to the same subject.

SB 344-By Rohrbach and Jacob.

An Act to repeal section 375.1220, RSMo 2000, relating to insurer liquidation law, and to enact in lieu thereof one new section relating to the same subject, with a termination date, with an emergency clause.

SB 345-By House.

An Act to repeal section 71.285, RSMo 2000, relating to removal of weeds, and to enact in lieu thereof one new section relating to the same subject.

REPORTS OF STANDING COMMITTEES

Senator DePasco and Senator Kenney, Co-Chairs 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 SCR 2, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 18, 2001

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Gracia Yancey Backer, 2885 State Road TT, New Bloomfield, Callaway County, Missouri 65063, as Director of the Division of Employment Security for the Department of Labor and Industrial Relations, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Catherine B. Leapheart, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 18, 2001

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Marilyn Taylor Williams, 10863 County Road 442, Dudley, Stoddard County, Missouri 63936, as Director of the Division of Professional Registration for the Department of Economic Development, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Randall J. Singer, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Quick referred the above appointments to the Committee on Gubernatorial Appointments.

SECOND READING OF SENATE BILLS

The following Bills were read the 2nd time and referred to the Committees indicated:

SB 151--Insurance and Housing.

SB 152--Ways and Means.

SB 153--Education.

SB 154--Education.

SB 155--Ways and Means.

SB 156--Commerce and Environment.

SB 157--Commerce and Environment.

SB 158--Insurance and Housing.

SB 159--Insurance and Housing.

SB 160--Insurance and Housing.

SB 161--Insurance and Housing.

SB 162--Insurance and Housing.

SB 163--Public Health and Welfare.

SB 164--Public Health and Welfare.

SB 165--Insurance and Housing.

SB 166--Insurance and Housing.

SB 167--Public Health and Welfare.

SB 168--Aging, Families and Mental Health.

SB 169--Local Government and Economic Development.

SB 170--Civil and Criminal Jurisprudence.

SB 171--Local Government and Economic Development.

SB 172--Ways and Means.

SB 173--Ways and Means.

SB 174--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 175--Local Government and Economic Development.

SB 176--Local Government and Economic Development.

SB 177--Ways and Means.

SB 178--Insurance and Housing.



SB 179--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 180--Aging, Families and Mental Health.

SECOND READING OF

CONCURRENT RESOLUTIONS

The following concurrent resolution was read the 2nd time and referred to the Committee indicated:

SCR 7--Rules, Joint Rules, Resolutions and Ethics.

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

SENATE CALENDAR

______



TWELFTH DAY-TUESDAY, JANUARY 23, 2001

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 181-Caskey

SB 182-Loudon

SB 183-Schneider

SB 184-Johnson, et al

SB 185-Loudon

SB 186-Klarich

SB 187-Schneider and

Wiggins

SB 188-Russell

SB 189-Russell

SB 190-Russell

SB 191-Goode

SB 192-Schneider, et al

SB 193-Rohrbach

SB 194-Schneider and

Bland

SB 195-Schneider and

Goode

SB 196-Scott

SB 197-Johnson

SB 198-Staples

SB 199-Sims

SB 200-Sims

SB 201-Sims

SB 202-Wiggins

SB 203-Scott

SB 204-House

SB 205-Bland

SB 206-Wiggins

SB 207-Klarich

SB 208-Sims

SB 209-DePasco

SB 210-DePasco

SB 211-DePasco

SB 212-Gross, et al

SB 213-Gross, et al

SB 214-Gross, et al

SB 215-Gross

SB 216-Scott

SB 217-Russell

SB 218-Russell

SB 219-Mathewson

SB 220-Kinder and Gross

SB 221-Westfall

SB 222-Caskey

SB 223-Caskey

SB 224-Russell

SB 225-Mathewson

SB 226-Goode, et al

SB 227-Jacob

SB 228-Jacob

SB 229-Jacob

SB 230-Childers

SB 231-Gross

SB 232-Gross

SB 233-Wiggins

SB 234-Wiggins

SB 235-Sims

SB 236-Sims

SB 237-Westfall

SB 238-Staples, et al

SB 239-Stoll

SB 240-Stoll and Bentley

SB 241-Rohrbach

SB 242-Kenney

SB 243-DePasco

SB 244-Staples

SB 245-Caskey

SB 246-Caskey

SB 247-Westfall and

Staples

SB 248-Wiggins and

DePasco

SB 249-Wiggins

SB 250-Bentley and

Johnson

SB 251-Kinder

SB 252-Singleton

SB 253-Gross

SB 254-Gross and Foster

SB 255-Gross, et al

SB 257-Caskey

SB 258-Rohrbach and

Schneider

SB 259-Childers, et al

SB 260-Gross and Stoll

SB 262-Stoll

SB 263-Stoll

SB 264-Steelman

SB 265-Schneider and

Caskey

SB 266-Bland, et al

SB 267-Klarich and

Schneider

SB 268-Schneider

SB 269-Schneider

SB 270-Schneider

SB 271-Schneider

SB 272-DePasco

SB 273-Caskey

SB 274-Caskey

SB 275-Sims

SB 276-Sims

SB 277-Sims

SB 278-Westfall

SB 279-Staples

SB 280-Yeckel, et al

SB 281-Yeckel

SB 282-Klarich

SB 283-Steelman

SB 284-Steelman

SB 285-Steelman

SB 287-Klarich

SB 288-Klarich

SB 289-Sims

SB 290-Wiggins and

DePasco

SB 291-Westfall

SB 292-Singleton

SB 293-Steelman

SB 294-Steelman

SB 295-Stoll and Staples

SB 296-Gross

SB 297-DePasco

SB 298-Quick

SB 299-Quick

SB 300-Rohrbach

SB 301-Johnson

SB 302-Johnson, et al

SB 303-Johnson

SB 304-Klarich

SB 305-Jacob

SB 306-Jacob

SB 307-Jacob

SB 308-Jacob

SB 309-Steelman

SB 310-Quick

SB 311-Mathewson

SB 312-Caskey

SB 313-Caskey

SB 314-Steelman

SB 315-Childers

SB 316-Stoll

SB 317-Stoll

SB 318-Sims

SB 319-Carter

SB 320-Goode

SB 321-Westfall

SB 322-Gross and Gibbons



SB 323-Childers, et al

SB 324-Childers

SB 325-Foster, et al

SB 326-Bland, et al

SB 327-Yeckel and Carter

SB 328-Yeckel and DePasco

SB 329-Yeckel and Stoll

SB 330-Jacob, et al

SB 331-DePasco, et al

SB 332-Westfall

SB 333-DePasco

SB 334-Kinder

SB 335-Kinder

SB 336-Caskey

SB 337-House

SB 338-House

SB 339-Stoll and Childers

SB 340-Stoll and Childers

SB 341-Jacob

SB 342-Jacob

SB 343-Scott

SB 344-Rohrbach and Jacob

SB 345-House

SJR 10-Quick

SJR 11-Yeckel



RESOLUTIONS



SR 58-Singleton



HCR 3-Crump (DePasco)



To be Referred



SCR 8-Caskey



SCR 9-Loudon and Gross



Reported from Committee



SCR 2-Singleton