SENATE JOURNAL - FORTY-SECOND DAY - THURSDAY, MARCH 15, 2001

Journal of the Senate

FIRST REGULAR SESSION

FORTY-SECOND DAY--THURSDAY, MARCH 15, 2001

The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"You who seek God, let your hearts revive." (Psalm 69:32)

Dear Lord, as we prepare to take our Spring break help us to remember You alone can truly refresh us and renew our hearts, minds and souls. Help us to be open vessels to receive Your blessings that we may bless others about us. And help us to use this time away for re-creation and rest in You and spending time with those You have given us to love. 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.

Photographers from KOMU-TV were given permission to take pictures in the Senate Chamber today.

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 Quick Rohrbach Russell

Schneider Scott Sims Singleton

Staples Steelman Stoll Westfall

Wiggins Yeckel--34

Absent with leave--Senators--None

Senator Scott moved that the Senate go into a Committee of the Whole for the purpose of discussing SR 346.

President Maxwell ordered the Senate into a Committee of the Whole and asked that the galleries be cleared.

Senator Schneider raised the point of order that the motion to resolve to a Committee of the Whole requires a vote of the body.

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

The motion made by Senator Scott was again taken up.

Senator Klarich requested a roll call vote be taken on the motion made by Senator Scott and was joined in his request by Senators Gibbons, Loudon, Rohrbach and Westfall.

Senator Jacob was recognized to interrogate Senator Kinder.

Senator Klarich raised the point of order that the debate between Senator Kinder and Senator Jacob is out of order as the motion made by Senator Scott is a non-debatable motion.

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

At the request of Senator Scott, his motion was withdrawn, rendering the point of order moot.

RESOLUTIONS

Senator Kinder moved that SR 346 be taken up for adoption, which motion prevailed.

Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Resolution No. 346, Page 8, Rule 29, by striking the brackets appearing therein.

Senator Schneider moved that the above amendment be adopted.

Senator Kenney was recognized to interrogate Senator House.

Senator Schneider raised the point of order that the debate between Senators Kenney and House was out of order as it had become bickering rather than debating.

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

SA 1 was again taken up.

Senator Schneider moved that the above amendment be adopted, which motion prevailed.

Senator DePasco offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Resolution No. 346, Page 508, Column 2 of the Senate Journal for Wednesday, March 14, 2001, Line 21 of said column, by inserting immediately after the word "rule" the following: "except, beginning in the ninety-second session of the Missouri General Assembly for the president pro tem, the majority floor leader and the minority floor leader, who shall be assigned seats in the rear of the chamber".

Senator DePasco moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 2

Amend Senate Resolution No. 346, Page 8, Rule 29, Line 2, by striking "by the committee on administration to the" and by striking lines 3, 4 and 5 and substitute: "on the basis of seniority as defined in this Rule, except".

Senator Schneider moved that the above substitute amendment be adopted, which motion failed.

SA 2 was again taken up.

Senator DePasco moved that the above amendment be adopted, which motion prevailed.

Senator Goode offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Resolution No. 346, Page 10, Lines 23-26, by striking all of said lines and inserting in lieu thereof the following:

"The Division of Research shall analyze the effects of each bill and joint resolution referred to a committee of the Senate and such analysis, once complete, shall be distributed to the sponsor and the chairman of the committee and others as needed. The committee shall consider the analysis in its deliberation on each bill and joint resolution. The analysis shall state whether the bill or joint".

Senator Goode moved that the above amendment be adopted.

Senator House offered SSA 1 for SA 3:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 3

Amend Senate Resolution No. 346, Page 10, Rule 47, Lines 23-29 and Page 11, Lines 1-15, by deleting all of said lines.

Senator House moved that the above substitute amendment be adopted.

At the request of Senator Kinder, SR 346, with SA 3 and SSA 1 for SA 3 (pending), was placed on the Resolution Calendar.

REPORTS OF STANDING COMMITTEES

Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Scott B. Lakin, as Director of the Department of Insurance, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Quick moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Stephen M. Mahfood, as Director of the Department of Natural Resources, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Jacob moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Catherine B. Leapheart, as Director of the Department of Labor and Industrial Relations, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Steelman moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

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

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 99, 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 was referred SB 514, 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 Public Health and Welfare, to which was referred SB 384, 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 Public Health and Welfare, to which was referred SB 130, 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 Public Health and Welfare, to which was referred SB 588, 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 Public Health and Welfare, to which was referred SB 266, 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 Westfall, Chairman of the Committee on Transportation, submitted the following reports:

Mr. President: Your Committee on Transportation, to which were referred SB 247 and SB 330, 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 Transportation, to which was referred SB 542, 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 Trans-portation, to which was referred SB 540, 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 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 was referred SB 351, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Klarich, Chairman of the Committee on Judiciary, submitted the following reports:

Mr. President: Your Committee on Judiciary, to which was referred SB 268, 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 Judiciary, to which were referred SJR 1 and SJR 4, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Education, to which were referred SB 510, SB 512 and SB 133, 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 Education, to which was referred SJR 11, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

Also,

Mr. President: Your Committee on Education, to which was referred SB 574, 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 Sims, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which were referred SB 551, SB 410, SB 539, SB 528 and SB 296, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 were referred SB 476, SB 427 and SB 62, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 369, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 505, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Klindt, Chairman of the Committee on Interstate Cooperation, submitted the following report:

Mr. President: Your Committee on Interstate Cooperation, to which was referred SB 593, 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 reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SRB 606, begs leave to report that it has considered the same and recommends that the revision bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SR 280, begs leave to report that it has considered the same and recommends that the resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 26, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Concurrent Resolution No. 26, Page 411, Column 1 of the Senate Journal for Tuesday, March 6, 2001, Line 13 of said column, by inserting immediately after the word "Fund" the following: "and the committee shall prepare a report, together with its recommendations for any legislative action it deems necessary for submission to the Governor and the General Assembly by January 15, 2002. The committee shall be authorized to function until January 15, 2002".

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1, entitled:

An Act to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Stormwater Control Bonds, Third State Building Bonds and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Stormwater Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund and Stormwater Control Fund, and to transfer money among certain funds for the period beginning July 1, 2001 and ending June 30, 2002.