Journal of the Senate

FIRST REGULAR SESSION

THIRTY-NINTH DAY--MONDAY, MARCH 12, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Is the sword to keep devouring forever? Do you not know that the end will be bitter?" (2 Samuel 2:26)

Merciful God, again last week and this weekend we hear the cries of families of children killed and shot by other children. We ask Your compassion on these families that You will provide them comfort and support them during this time of sadness. We ask Your guidance that we might find ways to understand and do what is necessary to prevent such a violent and waste of human life in the future. Help us to help our children lay aside anger and hatred and seek Your strong 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 for Thursday, March 8, 2001, was read and approved.

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

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 315, regarding James M. Lloyd, Boonville, which was adopted.

Senator Rohrbach offered Senate Resolution No. 316, regarding Len Schroeder, Jefferson City, which was adopted.

Senator Gibbons offered Senate Resolution No. 317, regarding Sharon Rohrbach, R.N., St. Louis, which was adopted.

Senators Westfall and Bentley offered Senate Resolution No. 318, regarding the death of Susan Decker, Brighton, which was adopted.

Senator Rohrbach offered Senate Resolution No. 319, regarding Robert J. Burke, Boonville, which was adopted.

Senator Cauthorn offered Senate Resolution No. 320, regarding Jeremy McAninch, Kirksville, which was adopted.

Senator Caskey offered Senate Resolution No. 321, regarding James O. Naylor, Jr., Osceola, which was adopted.

Senator Kenney offered Senate Resolution No. 322, regarding Joseph John "Joe" Beck, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 323, regarding Jeremy Elliott "Jay" Thurman, Lee's Summit, which was adopted.

Senator Kinder offered Senate Resolution No. 324, regarding the Sesquicentennial Anniversary of Eisleben Evangelical Lutheran Church, Scott City, which was adopted.

Senator Kinder offered Senate Resolution No. 325, regarding the Eighty-first Birthday of former State Senator A. M. Spradling, Jr., Cape Girardeau, which was adopted.

Senators House and Gross offered Senate Resolution No. 326, regarding the St. Charles County American Heart Walk, which was adopted.

Senator Schneider offered Senate Resolution No. 327, regarding the Riverview Gardens School District, St. Louis, which was adopted.

THIRD READING OF SENATE BILLS

SB 416, introduced by Senator Stoll, entitled:

An Act to repeal sections 294.011, 294.024, 294.030, 294.043, 294.090 and 294.121, RSMo 2000, relating to child labor, and to enact in lieu thereof six new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Stoll, SB 416 was read the 3rd time and passed by the following vote:

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

SB 443, introduced by Senator Staples, entitled:

An Act to repeal section 306.165, RSMo 2000, relating to water patrol officers, and to enact in lieu thereof one new section relating to the same subject with an emergency clause.

Was called from the Consent Calendar and taken up.

On motion of Senator Staples, SB 443 was read the 3rd time and passed by the following vote:

Senator Klarich assumed the Chair.

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

SB 407, with SCS, introduced by Senator Dougherty, entitled:

An Act to repeal sections 301.457 and 301.463, RSMo 2000, relating to motor vehicles, and to enact in lieu thereof six new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 407, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 407

An Act to amend chapter 301, RSMo, by adding thereto four new sections relating to motor vehicle license plates.

Was taken up.

Senator Dougherty moved that SCS for SB 407 be adopted, which motion prevailed.

On motion of Senator Dougherty, SCS for SB 407 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 435, introduced by Senator Goode, entitled:

An Act to repeal section 643.315, RSMo 2000, relating to emission requirements for historic vehicles, 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 Goode, SB 435 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 436, introduced by Senator Goode, entitled:

An Act to repeal sections 302.177 and 302.735, RSMo 2000, relating to the issuance of driver's licenses, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Goode, SB 436 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Caskey moved that SB 222, with SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 was again taken up.

Senator Caskey moved that the above amendment be adopted.

Senator Loudon offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 222, Section 149.215, Page 3, Line 3, by inserting the following new section immediately following said line:

"149.216. The provisions of sections 149.200 to 149.215 shall not apply to any cigarettes sold in this state when the tobacco product manufacturer, as such term is defined pursuant to section 196.1000, is a participating manufacturer in the Master Settlement Agreement entered into on November 23, 1998 by the state and leading United States tobacco product manufacturers or certifies to the attorney general that said tobacco product manufacturer is in compliance with the provisions of 196.1003."; and

Further amend said bill, title and enacting clause accordingly.

Senator Loudon moved that the above substitute amendment be adopted.

Senator Caskey raised the point of order that SSA 1 for SA 1 is out of order in that it is not a true substitute amendment.

The point of order was referred to the President Pro Tem, who ruled it well taken.

SA 1 was again taken up.

Senator Loudon offered SSA 2 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2 FOR

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 222, Section 149.212, Page 3, Line 1, by inserting after "149.212." the following: "1"; and

Further amend line 6, by inserting after all of said line the following:

"2. Any person who sustains economic or commercial injury as a result of a violation of sections 149.200 to 149.215, or as a result of any cigarette manufacturers or wholesalers marketing promotions or programs, discounts, rebates or sales incentives of any kind may bring an action for appropriate injunctive or equitable relief, including actual damages, if any, and as determined by the court, interest on such damages from the date of the complaint, taxable costs and reasonable attorney's fees.".

Senator Loudon moved that the above substitute amendment be adopted.

Senator Caskey requested a roll call vote be taken on the adoption of SSA 2 for SA 1 and was joined in his request by Senators Carter, House, Jacob and Wiggins.

SSA 2 for SA 1 failed of adoption by the following vote:

SA 1 was again taken up.

Senator Caskey moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Carter, Gross, Kenney and Russell.

SA 1 failed of adoption by the following vote:

Senator Loudon offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 222, Section 149.215, Page 3, Line 2, by inserting the following new section immediately following said line:

"149.216. The provisions of sections 149.200 to 149.215 shall not apply to any cigarettes sold in this state when the tobacco product manufacturer, as such term is defined pursuant to section 196.1000, is a participating manufacturer in the Master Settlement Agreement entered into on November 23, 1998 by the state and leading United States tobacco product manufacturers or certifies to the attorney general that said tobacco product manufacturer is in compliance with the provisions of 196.1003."; and

Further amend said bill, title and enacting clause accordingly.

Senator Loudon moved that the above amendment be adopted.

Senator Caskey offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 222, Page 2, Section 149.200, Line 43, by inserting immediately after said line the following:

"6. The provisions of this section shall apply after November 1, 2001.".

Senator Caskey moved that the above substitute amendment be adopted.

Senator Loudon raised the point of order that SSA 1 for SA 2 is out of order as it is not a true substitute amendment.

The point of order was referred to the President Pro Tem.

Senator Gross assumed the Chair.

At the request of Senator Caskey, SSA 1 for SA 2 was withdrawn, rendering the point of order moot.

SA 2 was again taken up.

Senator Caskey requested a roll call vote be taken on the adoption of SA 2 and was joined in his request by Senators Carter, Dougherty, Mathewson and Quick.

SA 2 failed of adoption by the following vote:

Senator DePasco offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 222, Section 149.215, Page 3, Line 2, by immediately inserting at the end of said line the following new section:

"Section 149.216. The provisions of sections 149.200 to 149.215 shall become effective on January 1, 2003."; and

Further amend said bill, title and enacting clause accordingly.

Senator DePasco moved that the above amendment be adopted.

Senator Caskey offered SSA 1 for SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 222, Page 3, Section 149.215, Line 2, by inserting immediately after said line the following:

"149.216. The provisions of this legislation shall apply after November 1, 2001."; and

Further amend the title and enacting clause accordingly.

Senator Caskey moved that the above substitute amendment be adopted.

At the request of Senator Caskey, SB 222, with SA 3 and SSA 1 for SA 3 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE GOVERNOR

The following message was received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 12, 2001

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on February 16, 2001 for your advice and consent:

Bob Boydston, 7818 North Garfield, Kansas City, Clay County, Missouri 64118, as Commissioner of the Missouri Water Patrol, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, Larry T. Whitten, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Kinder moved that the above appointment be returned to the Governor pursuant to his request, which motion prevailed.

REPORTS OF STANDING COMMITTEES

Senator Rohrbach, Chairman of the Committee on Insurance and Housing, submitted the following reports:

Mr. President: Your Committee on Insurance and Housing, to which was referred SB 521, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Insurance and Housing, to which was referred SB 605, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Singleton, Chairman of the Committee on Public Health and Welfare, submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 434, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 486, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 431, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 515, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Education, to which was referred SB 201, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Loudon, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 526, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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 SB 267, 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.

SECOND READING OF SENATE BILLS

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

SB 586--Select Committee on Redistricting.

SB 599--Local Government and Economic Development.

REFERRALS

President Pro Tem Kinder referred SCR 27 to the Committee on 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 HCS for HBs 265 and 369, entitled:

An Act to repeal section 565.030, RSMo 2000, relating to death penalty, and to enact in lieu thereof one new section relating to the same subject.

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 HS for HCS for HBs 237, 270, 403 and 442, entitled:

An Act to repeal sections 610.010, 610.015, 610.021 and 610.027, RSMo 2000, relating to the sunshine law, and to enact in lieu thereof six new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, his daughters, Elsa and Rachael, Clayton; and Elsa and Rachael were made honorary pages.

Senator Russell introduced to the Senate, Mr. and Mrs. Larry Cleveland, Joseph, Meredith and

Margaret Cleveland and Molly A., Abby and Margo O'Mealey, Richland; and Joseph, Meredith, Margaret, Molly, Abby and Margo were made honorary pages.

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

SENATE CALENDAR

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FORTIETH DAY-TUESDAY, MARCH 13, 2001

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FORMAL CALENDAR

HOUSE BILLS ON SECOND READING