Journal of the Senate

FIRST REGULAR SESSION


THIRTIETH DAY--THURSDAY, FEBRUARY 22, 2001


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Spread snow like a blanket and spread ice like ashes." (Psalm 147:16)

Blessed Lord, we travel through a winter wonderland after last night's snow and are grateful that the difficulties of travel through such were minimized by those whose efforts to make our travel safe and possible were sacrificially given. We pray that You will be watching over our travel and bring us safely home to those we love and we may do the work You have provided for us to do. Bless us and watch over us this weekend in every way. 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 Carter Caskey
Cauthorn Childers DePasco Dougherty
Foster Gibbons Goode Gross
House Jacob Johnson Kenney
Kinder Klarich Klindt Loudon
Mathewson Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senator Quick--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 234, regarding Fox Elementary School, Jefferson County, which was adopted.

Senator Stoll offered Senate Resolution No. 235, regarding Richard Simpson Elementary School, Jefferson County, which was adopted.

Senator Foster offered Senate Resolution No. 236, regarding Roger Baldwin, Poplar Bluff, which was adopted.

Senator Foster offered Senate Resolution No. 237, regarding Harry Blackwell, Poplar Bluff, which was adopted.

Senator Foster offered Senate Resolution No. 238, regarding Nicholas H. "Nick" Hagler, Patterson, which was adopted.

INTRODUCTION OF BILLS

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

SB 538-By Yeckel.

An Act to repeal sections 443.803, 443.805, 443.809, 443.810, 443.812, 443.819, 443.821, 443.825, 443.827, 443.833, 443.839, 443.841, 443.849, 443.851, 443.855, 443.857, 443.859, 443.863, 443.867, 443.869, 443.879, 443.881 and 443.887, RSMo 2000, relating to mortgages and mortgage brokers, and to enact in lieu thereof twenty-three new sections relating to the same subject, with penalty provisions.

SB 539-By Yeckel.

An Act to repeal section 452.377, RSMo 2000, relating to custody of children, and to enact in lieu thereof one new section relating to the same subject.

SB 540-By Klindt.

An Act to repeal section 32.091, RSMo 2000, relating to motor vehicle records, and to enact in lieu thereof one new section relating to the same subject.

SB 541-By Klindt.

An Act to amend chapter 196, RSMo, by adding thereto one new section relating to the establishment of the Missouri tobacco settlement trust fund.

SB 542-By Klindt.

An Act to repeal section 307.100, RSMo 2000, relating to the use of warning signals on motor vehicles, and to enact in lieu thereof one new section relating to the same subject.

SB 543-By Foster.

An Act to repeal section 165.011, RSMo 2000, relating to transfers of funds in certain school districts, and to enact in lieu thereof one new section relating to the same subject.

SB 544-By Johnson.

An Act to authorize the conveyance of an easement on property owned by Missouri Veterans Commission to Spectra Communications.

SB 545-By Johnson.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to tourism.

THIRD READING OF SENATE BILLS

SB 241, with SCS, introduced by Senator Rohrbach, entitled:

An Act to repeal section 375.355, RSMo 2000, relating to insurance companies, 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 241, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 241

An Act to repeal section 375.355, RSMo 2000, relating to mergers of insurance companies, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Rohrbach moved that SCS for SB 241 be adopted, which motion prevailed.

On motion of Senator Rohrbach, SCS for SB 241 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Cauthorn Childers Dougherty
Foster Gibbons Goode Gross
Kenney Kinder Klarich Klindt
Loudon Rohrbach Russell Scott
Sims Staples Westfall Yeckel--20
NAYS--Senators
Caskey DePasco House Mathewson
Schneider Steelman Wiggins--7
Absent--Senators
Bland Jacob Stoll--3
Absent with leave--Senators
Carter Johnson Quick Singleton--4

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

SB 203, introduced by Senator Scott, entitled:

An Act to repeal section 32.085, RSMo 2000, relating to the sales tax imposed by the metropolitan park and recreation system, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Klarich assumed the Chair.

On motion of Senator Scott, SB 203 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross House
Jacob Kenney Kinder Klarich
Klindt Loudon Mathewson Rohrbach
Russell Schneider Scott Sims
Staples Steelman Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senator Stoll--1
Absent with leave--Senators
Carter Johnson Quick Singleton--4

The President declared the bill passed.

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

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

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

SB 12, introduced by Senator Russell, entitled:

An Act to repeal section 484.020, RSMo 2000, relating to the practice of law, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator Russell, SB 12 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Goode Gross Kenney Kinder
Klindt Loudon Mathewson Rohrbach
Russell Scott Sims Staples
Steelman Stoll Westfall Yeckel--24
NAYS--Senators
Bland House Jacob Klarich
Schneider Wiggins--6
Absent--Senators--None
Absent with leave--Senators
Carter Johnson Quick Singleton--4

The President declared the bill passed.

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

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

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

SCS for SBs 44 and 59, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 44 and 59

An Act to repeal sections 207.020, 453.005, 453.010, 453.070 and 453.080, RSMo 2000, relating to adoption, and to enact in lieu thereof eight new sections relating to the same subject.

Was taken up by Senator Bentley.

On motion of Senator Bentley, SCS for SBs 44 and 59 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross House
Jacob Kenney Kinder Klarich
Klindt Loudon Mathewson Rohrbach
Russell Scott Sims Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senators
Carter Johnson Quick Singleton--4

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

INTRODUCTION OF BILLS

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

SB 546-By Kenney, Childers, Russell, Klindt, Foster and Cauthorn.

An Act to repeal sections 313.800, 313.802, 313.803, 313.805, 313.807, 313.810, 313.812, 313.815, 313.820, 313.822, 313.824, 313.830, 313.832, 313.835, 313.837, 313.842, 313.843, 313.845, 313.847, 313.848 and 313.850, RSMo 2000, relating to excursion gaming boats, and to enact in lieu thereof twenty-five new sections relating to the same subject, with penalty provisions.

SB 547-By Wiggins, Kenney and DePasco.

An Act to repeal section 162.492, RSMo 2000, relating to the election of board members in certain school districts, and to enact in lieu thereof one new section relating to the same subject.

SB 548-By House.

An Act to repeal section 407.1095, RSMo 2000, relating to the amendment of definitions regarding telemarketing practices to further protect consumers, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

SB 549-By Goode, Sims, Bentley, House and Dougherty.

An Act to repeal sections 210.104, 210.107, 302.302 and 307.178, RSMo 2000, and to enact in lieu thereof five new sections relating to child restraint systems, with penalty provisions.

REPORTS OF STANDING COMMITTEES

On behalf of Senator Singleton, Chairman of the Committee on Public Health and Welfare, Senator Kenney submitted the following reports:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 445, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Public Health and Welfare, to which were referred SB 22 and SB 106, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Westfall, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which were referred SB 214, SB 124, SB 209 and SB 322, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Childers, Chairman of the Committee on Local Government and Economic Development, submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SJR 9, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

Senator Bentley, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred SB 438, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 251, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Steelman, Chairman of the Committee on Commerce and Environment, submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 375, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Ways and Means, to which was referred SB 392, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Ways and Means, to which was referred SB 372, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Kenney, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 127, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 302, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 16, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 17, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 18, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 19, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCS for SB 36, 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.

Senator Gross requested unanimous consent of the Senate for the Committee on Pensions and General Laws to meet while the Senate is in Session, which request was granted.

INTRODUCTIONS OF GUESTS

Senator Steelman introduced to the Senate, eighth grade students from St. Joseph's School, Westphalia.

Senator Mathewson introduced to the Senate, Mrs. Jane Britton, Mrs. Anne Rouchka and seventeen seventh and eighth grade students from Dresden Middle School, Dresden; and Nichole and Rachael Logan were made honorary pages.

Senator Rohrbach introduced to the Senate, Mark Rehagen, William Regot, Monica Harris, Thomas Rehagen, Christopher Rehagen, Samantha Clemens, Eric Borman, Brent Cain, Chris Delaney and Shawn Jaegers, Jefferson City.

On behalf of Senator Foster and himself, Senator Kinder introduced to the Senate, Norman Harty, Bernie.

Senator House introduced to the Senate, his daughter, Catherine, St. Charles County.

Senator Rohrbach introduced to the Senate, Richard Helmig, Jefferson City.

On behalf of Senator Quick, Senator Bland introduced to the Senate, Mayor Dan Bishop, Gladstone.



Senator Loudon introduced to the Senate, the Physician of the Day, Dr. Michael Ryan, M.D., St. Louis.

On motion of Senator Kenney, the Senate adjourned until 4:00 p.m., Monday, February 26, 2001.



SENATE CALENDAR

______



THIRTY-FIRST DAY-MONDAY, FEBRUARY 26, 2001

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 506-Cauthorn and Klindt

SB 507-Cauthorn and Klindt

SB 508-Cauthorn and Klindt

SB 509-Cauthorn and Klindt

SB 510-Kenney

SB 511-Gibbons, et al

SB 512-House, et al

SB 513-House, et al

SB 514-Singleton

SB 515-Yeckel

SB 516-Yeckel

SB 517-Kinder, et al

SB 518-DePasco, et al

SB 519-Foster

SB 520-Foster

SB 521-Mathewson

SB 522-Johnson

SB 523-Scott, et al

SB 524-Cauthorn

SB 525-Cauthorn

SB 526-Dougherty

SB 527-Dougherty

SB 528-Dougherty and Sims



SB 529-Dougherty

SB 530-Gross

SB 531-Gross, et al

SB 532-Foster

SB 533-Jacob

SB 534-Childers

SB 535-Rohrbach

SB 536-Schneider

SB 537-Stoll

SB 538-Yeckel

SB 539-Yeckel

SB 540-Klindt

SB 541-Klindt

SB 542-Klindt

SB 543-Foster

SB 544-Johnson

SB 545-Johnson

SB 546-Kenney, et al

SB 547-Wiggins, et al

SB 548-House

SB 549-Goode, et al

SJR 17-Schneider

HOUSE BILLS ON SECOND READING



HCS for HBs 302 & 38





THIRD READING OF SENATE BILLS



SB 32-Kinder

(In Budget Control)

SB 128-Childers

SS for SCS for SBs 46

& 47-Bentley

SCS for SB 36-Westfall, et al SENATE BILLS FOR PERFECTION



1. SB 97-Bentley, with SCA 1

2. SB 184-Johnson, et al

3. SBs 323 & 230-Childers,

et al, with SCS

4. SB 226-Goode, et al,

with SCS

5. SB 220-Kinder and Gross

6. SBs 67 & 40-Gross,

with SCS

7. SB 65-Gibbons, with SCS

8. SB 317-Stoll, with SCS

9. SB 50-Childers

10. SBs 253 & 260-Gross,

with SCS

11. SBs 391 & 395-

Rohrbach, with SCS

12. SB 222-Caskey

13. SB 244-Staples

14. SBs 52 & 91-Childers,

with SCS

15. SB 267-Klarich and

Schneider, with SCS

16. SB 381-Klarich

17. SB 114-Loudon, with SCS

18. SB 339-Stoll and

Childers, with SCA 1

19. SB 48-Sims, with SCS

20. SB 400-Kenney, et al

21. SB 374-Steelman, with SCS

22. SB 239-Stoll, with SCS

23. SBs 238 & 250-Staples,

et al, with SCS

24. SB 445-Singleton,

with SCS

25. SBs 22 & 106-

Singleton, with SCS

26. SBs 214, 124, 209 &

322-Gross, et al, with

SCS

27. SJR 9-Goode, et al

28. SB 438-Bentley and Stoll

29. SB 251-Kinder

30. SB 375-Steelman, with SCS

31. SB 392-Kenney and

DePasco

32. SB 372-Gibbons, with SCS INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION



SB 14-Mathewson

SBs 39 & 269-Klarich and

Goode, with SCS and SS

for SCS (pending)

SBs 89 & 37-Kinder, with

SCS

SB 123-Kinder, with SA 1

(pending)

CONSENT CALENDAR



Senate Bills



Reported 2/5



SB 143-Childers



Reported 2/13



SB 227-Jacob

SB 186-Klarich, with SCS



SB 382-Yeckel and Stoll,

with SCS



Reported 2/19



SB 110-Gross

SB 344-Rohrbach and Jacob,

with SCS

SB 287-Klarich, with SCS

SB 111-Gross

SB 303-Johnson

SB 321-Westfall

SB 295-Stoll and Staples

SB 357-Schneider, with SCS



SB 348-Sims

SB 352-Johnson, with SCS

SB 365-Steelman

SB 394-Bentley

SB 293-Steelman, with

SCA 1

SB 315-Childers, with SCS

SB 366-House

SB 380-House

Reported 2/20



SB 288-Klarich, with SCA 1

SB 270-Schneider, with SCS



SB 370-Caskey and Goode

RESOLUTIONS



SR 58-Singleton



Reported from Committee



SCR 6-Stoll and Loudon

SCR 8-Caskey

SCR 10-Staples

SCR 13-Foster

SCR 14-Mathewson, with SCS

SCR 16-Yeckel

SCR 17-Steelman, et al

SCR 18-Goode

SCR 19-Sims

Requests to Recede or Grant Conference



SS for SCR 2-Singleton,

with HCS

(Senate requests House

recede or grant conference)