Journal of the Senate

FIRST REGULAR SESSION


FORTY-FOURTH DAY--MONDAY, MARCH 26, 2001


The Senate met pursuant to adjournment.

President Pro Tem Kinder in the Chair.

HOUSE BILLS ON SECOND READING

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

HB 1--Appropriations.

HCS for HB 2--Appropriations.

HCS for HB 3--Appropriations.

HCS for HB 4--Appropriations.

HCS for HB 5--Appropriations.

HCS for HB 6--Appropriations.

HCS for HB 7--Appropriations.

HCS for HB 8--Appropriations.

HCS for HB 9--Appropriations.

HCS for HB 10--Appropriations.

HCS for HB 11--Appropriations.

HCS for HB 12--Appropriations.

On motion of Senator Kenney, the Senate recessed until 4:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Maxwell.

Reverend Carl Gauck offered the following prayer:

"Be glad and rejoice forever in what I am creating." (Isaiah 65:18)

Dear God, we are grateful for the time off this past week for re-creating us, that our minds and bodies might be restored with vigor and energy. We thank You for the nourishment of Your word for re-creating our souls that we might be always mindful that what is important to You is that our work here is in keeping with Your will. 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 Journals for Thursday, March 15, 2001 and Wednesday, March 21, 2001, were read and approved.

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

Present--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Scott Sims Staples Steelman
Stoll Westfall Wiggins Yeckel--32
Absent with leave--Senators
Carter Singleton--2
The Lieutenant Governor was present.

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 373, regarding Whitney M. Evans, Jefferson City, which was adopted.

Senator Rohrbach offered Senate Resolution No. 374, regarding Teresa Tellman, Jefferson City, which was adopted.

Senator Steelman offered Senate Resolution No. 375, regarding John C. Harris, Sr., Fulton, which was adopted.

Senator Schneider offered Senate Resolution No. 376, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Charles Rohde, Florissant, which was adopted.

Senator Schneider offered Senate Resolution No. 377, regarding Helge Winters, Hamm, Germany, which was adopted.

Senator Westfall offered Senate Resolution No. 378, regarding the Stockton High School 2A Lady Basketball Tigers, which was adopted.

Senator Westfall offered Senate Resolution No. 379, regarding the Liberal High School 1A Boys Basketball Bulldogs, which was adopted.

Senator DePasco offered Senate Resolution No. 380, regarding the death of Eleanor L. Sarver O'Connor, Kansas City, which was adopted.

Senator Westfall offered Senate Resolution No. 381, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Jesse Pursley, Bolivar, which was adopted.

Senator Yeckel offered Senate Resolution No. 382, regarding Patricia A. Seabaugh, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 383, regarding John Andrew Edwards, St. Louis, which was adopted.

Senator Klindt offered Senate Resolution No. 384, regarding Suzanne McCrea, King City, which was adopted.

Senator Jacob offered Senate Resolution No. 385, regarding Bobby H. Crowley, Fayette, which was adopted.

Senator Jacob offered Senate Resolution No. 386, regarding Gustav J. "Gus" Lehr, Columbia, which was adopted.

Senator Rohrbach offered Senate Resolution No. 387, regarding Dorothy Ann Oligschlaeger, Jefferson City, which was adopted.

Senator House offered Senate Resolution No. 388, regarding Eleanor Sue Smith Sitton, Louisiana, which was adopted.

Senator Russell offered Senate Resolution No. 389, regarding William D. Breedlove, Rogersville, which was adopted.

THIRD READING OF SENATE BILLS

SB 353, introduced by Senator Johnson, entitled:

An Act to repeal section 163.011, RSMo 2000, relating to recalculated tax rates for school districts, 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 Johnson, SB 353 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kenney Kinder Klarich
Klindt Loudon Mathewson Rohrbach
Russell Scott Sims Staples
Steelman Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Bland Quick Stoll--3
Absent with leave--Senators
Carter Schneider Singleton--3

The President declared the bill passed.

Senator Klarich assumed the Chair.

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

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

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

SB 521, introduced by Senator Mathewson, entitled:

An Act to repeal section 287.123, RSMo 2000, relating to workers' compensation insurance carriers, 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 Mathewson, SB 521 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 Johnson Kenney Kinder
Klarich Klindt Loudon Mathewson
Rohrbach Russell Sims Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Quick Scott--2
Absent with leave--Senators
Carter Schneider Singleton--3

The President declared the bill passed.

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

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

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

SB 605, introduced by Senator Jacob, entitled:

An Act to repeal section 384.043, RSMo 2000, relating to surplus lines insurance, 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 Jacob, SB 605 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bland Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kenney Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Scott Sims
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senator Bentley--1
Absent with leave--Senators
Carter Schneider Singleton--3

The President declared the bill passed.

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

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

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

SB 434, introduced by Senator Sims, entitled:

An Act to repeal sections 191.211 and 191.411, RSMo 2000, relating to funding for department of health programs, and to enact in lieu thereof three new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Sims, SB 434 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Foster Gibbons
Goode Gross House Jacob
Johnson Kenney Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Scott Sims
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senator Dougherty--1
Absent with leave--Senators
Carter Schneider Singleton--3

The President declared the bill passed.

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

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

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

SB 486, with SCS, introduced by Senator Yeckel, entitled:

An Act to repeal section 321.703, RSMo 2000, section 321.701 as enacted by senate substitute for senate committee substitute for house committee substitute for house bills nos. 452, 203, 377, 472, 473, 556 & 647, eighty-eighth general assembly, first regular session and section 321.701 as enacted by conference committee substitute for senate substitute no. 2 for house committee substitute for house bills nos. 484, 199 & 72, eighty-eighth general assembly, first regular session, relating to fire protection districts, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 486, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 486

An Act to repeal section 321.703, RSMo 2000, section 321.701 as enacted by senate substitute for senate committee substitute for house committee substitute for house bills nos. 452, 203, 377, 472, 473, 556 & 647, eighty-eighth general assembly, first regular session and section 321.701 as enacted by conference committee substitute for senate substitute no. 2 for house committee substitute for house bills nos. 484, 199 & 72, eighty-eighth general assembly, first regular session, relating to fire protection districts, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Yeckel moved that SCS for SB 486 be adopted, which motion prevailed.

On motion of Senator Yeckel, SCS for SB 486 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Foster Gibbons
Gross House Jacob Johnson
Kenney Kinder Klarich Klindt
Loudon Mathewson Quick Rohrbach
Russell Scott Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senator Goode--1
Absent--Senators
Dougherty Sims--2
Absent with leave--Senators
Carter Schneider Singleton--3

The President declared the bill passed.

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

Senator Yeckel 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 Goode moved that SJR 9, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SJR 9 was again taken up.

Senator Goode moved that SS for SJR 9 be adopted, which motion prevailed.

On motion of Senator Goode, SS for SJR 9 was declared perfected and ordered printed.

Senator Bentley moved that SB 438 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Bentley offered SS for SB 438, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 438

An Act to amend chapter 168, RSMo, by adding thereto one new section relating to salary supplements for nationally-certified classroom instructional personnel.

Senator Bentley moved that SS for SB 438 be adopted.

President Maxwell assumed the Chair.

Senator Bentley offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 438, Page 1, Section 168.700, Line 5 of said page, by inserting after the word "of" the word "annual"; and further amend said line, by inserting after the word "for" the word "eligible"; and further amend line 10 of said page, by inserting after "certification." the following: "Supplements may be received for a period of ten years following subsequent certifications from the National Board for Professional Teaching Standards; provided that no teacher shall receive more than one supplement per school year pursuant to this section."; and further amend line 15 of said page, by inserting after the word "employed" the words "as a teacher".

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

Senator Childers offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 438, Page 2, Section 168.700, Line 21, by deleting all of line 21 after the period and lines 22, 23 and that portion of line 24 to and including the period on said line; and

Further amend line 24, by deleting the word "shall" and insert the word "may" in lieu thereof; and

Further amend said bill, page 3, line 22, by inserting after the period on said line the following:

"9. Any amount awarded under this section may be reduced or prorated subject to appropriation.".

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

Senator Foster offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Bill No. 438, Page 1, Section A, Line 3, by inserting after all of said line the following:

"163.172. 1. In school year 1994-95 and thereafter, the minimum teacher's salary shall be eighteen thousand dollars. Beginning in the school year 1996-97, for any full-time teacher with a master's degree and at least ten years teaching experience in a public school or combination of public schools, the minimum salary shall be twenty-four thousand dollars.

2. Beginning with the budget requests for fiscal year 1991, the commissioner of education shall present to the appropriate committees of the general assembly information on the average Missouri teacher's salary, regional average salary data, and national average salary data and a history of the cost to the state for the minimum salary for teachers program.

3. As used in this section, the following terms mean:

(1) "Full-time", a teacher working under school district contract for all school days and hours eligible for attendance of students;

(2) "Master's degree or its equivalent", at a minimum, a bachelor's degree plus at least thirty-two additional hours of course work which results in at least one additional certification;



(3) "Regular school term", a minimum of one hundred seventy-four days and one thousand forty-four hours of pupil attendance possible for students;

(4) "Salary", the salary and minimum salary supplement amounts which appear on the teacher's contract for the regular school term. Such term does not include supplements for extra duties, summer school, career ladder, or extensions of the contract year;

(5) "Teacher", all certificated school district personnel paid pursuant to the school district teacher salary schedule.

4. All school district employee salary and personnel policy information shall be public information.

[4. As used in this section, the term "salary" shall be defined as the salary figure which appears on the teacher's contract and as determined by the local school district's basic salary schedule and does not include supplements for extra duties.]

5. The minimum salary for any fully certificated teacher employed on a less than full-time basis by a school district, state school for the severely handicapped, the Missouri School for the Deaf, or the Missouri School for the Blind shall be prorated to reflect the amounts provided in subsections 1 and [2] 10 of this section.

[6. Beginning with the 1996-97 school year, the general assembly shall make an annual appropriation to the excellence in education fund established in section 160.268, RSMo, for the purpose of fulfilling the minimum salary requirements for public school teachers in those districts meeting the qualifications established in subsection 7 of this section. The appropriation shall be sufficient to ensure that all qualifying districts are able to comply with the minimum salary requirements of this section. The department of elementary and secondary education shall determine, prior to each school year, those districts which shall be eligible to receive funds in this subsection during the school year. A qualifying district shall be eligible to receive funds appropriated in this subsection only during the first three years following the district's qualifying for such funds.

7. To qualify to begin receiving funds in subsection 6 of this section, a school district shall meet all of the following criteria:

(1) A portion of the real property of the district shall have been removed from the tax rolls due to the impact of state or federal government action;

(2) The district shall have received no more state aid on a per pupil basis for each of the last three school years, exclusive of categorical funding, than the district received for the 1992-93 school year;

(3) The salaries paid to all teachers in the district for the school year prior to qualification shall be totally compacted at the eighteen thousand dollar per year minimum established in this section;

(4) The district shall have in its employ for the school year prior to qualification one or more teachers with a master's degree and at least ten years' teaching experience in a public school or a combination of public schools;

(5) The district shall be financially distressed or have a history of deficit spending which, if continued, will cause the district to become financially distressed within three years;

(6) The district had an enrollment of no greater than four hundred pupils for the preceding school year; and

(7) The district shall have levied an operating levy for school purposes of not less than two dollars seventy-five cents per one hundred dollars of assessed valuation for the previous year and shall continue to levy at no less than that rate.

8. For any school year in which a school district receives funds pursuant to subsections 6 and 7 of this section, such school district shall continue to expend on teacher salaries no less than the amount it expended on teacher salaries in the school year immediately prior to the school year in which it first receives such funds.

9. No school district receiving funds pursuant to subsections 6 and 7 of this section shall receive additional funds pursuant to subsection 6 of this section by virtue of the annexation of another school district to such school district during or after the school year immediately prior to the school year in which the annexing district first receives such funds; nor shall any school district annexed to a school district receiving funds pursuant to subsections 6 and 7 of this section also receive funds pursuant to subsection 6 of this section by virtue of such annexation if such annexation occurred during or after the school year immediately prior to the school year in which the annexing school district first receives such funds.]

6. Beginning with the 2002-2003 school year, for districts choosing to participate in the program receiving funds pursuant to subsection 7 of this section, the minimum salary for a full-time teacher shall be at least twenty-five thousand dollars, the minimum salary for the full-time teacher with at least five years of previous experience shall be at least thirty thousand dollars, the minimum salary for a full-time teacher with at least nineteen years of previous experience or a full-time teacher with at least a master's degree or its equivalent and at least ten years previous experience shall be at least thirty-five thousand dollars, the minimum salary for a full-time teacher with at least a master's degree or its equivalent and at least nineteen years of previous experience shall be at least forty thousand dollars, and the minimum salary for a full-time teacher with at least a master's degree or its equivalent and at least twenty-nine years of previous experience shall be at least forty-five thousand dollars.

7. Beginning with the 2002-2003 school year, the general assembly shall make an annual appropriation to the excellence in education fund established in section 160.268, RSMo, for the purpose of paying public school teacher minimum salary supplements in those districts meeting the qualifications established in subsection 8 of this section and seeking to receive payments pursuant to this subsection. If the appropriation of the general assembly is insufficient to pay the total cost of all salary supplements, the minimum salary amounts of subsection 6 of this section shall be prorated until the amount appropriated is sufficient to make the payments to all participating school districts.

8. To make application and qualify to begin receiving funds pursuant to subsection 7 of this section, a school district shall meet all of the following criteria:

(1) Levy a tax rate in the current year in incidental and teachers funds totaling no less than the operating levy for school purposes for the 2000-2001 school year after all reductions and rollbacks, excluding reductions to the district tax rate ceiling as required by article X, section 22 of the Missouri constitution;

(2) Make no increase in any voluntary tax rate rollback for operations compared to the 2000 property tax year;

(3) Make no transfer of revenue or balance from either incidental or teachers funds to either debt service or capital projects funds in excess of statutory authority;

(4) Employ all teachers in accordance with district policy with at least one teacher paid according to the district's salary schedule at less than the minimum salary as specified in subsection 6 of this section;

(5) Make no reduction in any salary amount in the district's teacher salary schedule compared to the district's 2000-2001 teacher salary schedule unless the district is financially stressed as identified by the department of elementary and secondary education;

(6) Beginning with school year 2002-2003, determine the salary of any teacher who is a new employee to a school district by placement on the district's salary schedule using all of the teacher's previous years of public school teaching experience; and

(7) Beginning with school year 2002-2003, for any school district which is not financially stressed, pay each returning teacher a salary for the regular school term which is no less than the salary paid that teacher during the previous school term on a full-time employee equivalent basis.

9. Reductions or penalties to state aid payments to school districts pursuant to subsection 7 of this section paying minimum salary supplements to teachers shall occur under the following conditions:

(1) Annually the amount by which total supplemental assignment and extra duty salaries, not including career ladder supplements, paid teachers by a district exceed eight and one-half percent of total salaries for the regular school term plus minimum salary supplements shall be subtracted from state payments made the following year pursuant to subsection 7 of this section;

(2) The amount of end-of-year fund balance in incidental and teachers funds combined in excess of the greater of fifteen percent of expenditures in these funds or the 2000-2001 end-of-year fund balance in these funds shall be subtracted the following year from state payments paid pursuant to subsection 7 of this section and if necessary from state aid paid pursuant to section 163.031.

10. Future increases in minimum salaries established pursuant to subsection 6 of this section for teachers shall be contingent upon decreases in total state payments to all districts made pursuant to subsection 7 of this section. The second fiscal year following a fiscal year in which state cost of funding the minimum salary program pursuant to subsection 7 of this section is eighty-five percent or less of the full funding cost for the first school year of the state funding of minimum salaries for teachers pursuant to subsection 7 of this section, the value of each level of minimum salary provided in subsection 6 of this section shall be increased by one thousand dollars.

11. Expenditures related to state minimum salary revenue received by a district shall not be used to determine compliance with any other provisions of law including compliance with section 165.016, RSMo.

12. The state board of education shall issue rules and regulations as necessary for the efficient and effective implementation of this section. All such rules shall be promulgated pursuant to chapter 536, RSMo.

13. State minimum salary supplements paid pursuant to subsection 7 of this section may be funded from any increases in state revenues from taxation of riverboat gaming operations, including boarding fees and lottery proceeds, compared to the amount of these revenues appointed in fiscal year 2001 and any other funds appropriated for that purpose."; and

Further amend the title and enacting clause accordingly.

Senator Foster moved that the above amendment be adopted.

At the request of Senator Bentley, SB 438, with SS and SA 3 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Russell, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 15, 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, to which was referred SCR 27, 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, after examination of SB 377, 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 588, 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 268, 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 574, 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 593, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

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 603, entitled:

An Act to repeal section 660.050, RSMo 2000, relating to the division of aging, and to enact in lieu thereof two new sections 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 HB 742, entitled:

An Act to authorize the conveyance of property owned by the state in Platte County to Kansas City International Airport.

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 HB 361, entitled:

An Act to authorize the conveyance of certain state property to the Clarence Cannon Wholesale Water Commission, with an emergency clause.

Emergency clause adopted.

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 HB 808, entitled:

An Act to authorize the conveyance of two parcels of property owned by the state in Cole County to the City of Jefferson for the purpose of wastewater treatment.

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 HB 691, entitled:

An Act to repeal section 301.040, RSMo 2000, relating to notification of motor vehicle reregistration, 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 HB 212, 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.

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 HB 788, entitled:

An Act to repeal sections 407.1000, 407.1005, 407.1010, 407.1015 and 407.1020, RSMo 2000, relating to motorcycle franchise practices.

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 HB 454, entitled:

An Act to repeal section 475.110, RSMo 2000, relating to the removal of a guardian or conservator, 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 HB 757, entitled:

An Act to repeal sections 338.030, 338.043, 338.055, 338.210, 338.220, 338.285 and 338.353, RSMo 2000, relating to practice of pharmacy, and to enact in lieu thereof seven new sections 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 HB 477, entitled:

An Act to repeal sections 302.130 and 302.178, RSMo 2000, relating to temporary driver's permits, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

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

March 19, 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:

Frances Afua Bromley, 2149 Alfred, Apartment 2 South, St. Louis City, Missouri 63110, as a member of the Missouri Acupuncturist Advisory Committee, for a term ending December 10, 2004, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Sarah B. Burkemper, Democrat, 85 Hill Creek Road, Post Office Box 209, Troy, Lincoln County, Missouri 63379, as a member of the Board of Governors for the Truman State University, for a term ending January 1, 2007, and until her successor is duly appointed and qualified; vice, Marie Evans, M.D., term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Mary Louise Bussabarger, 1914 Princeton Drive, Columbia, Boone County, Missouri 65203, as a member of the State Mental Health Commission, for a term ending June 28, 2002, and until her successor is duly appointed and qualified; vice, Dr. James Caccamo, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Carol Russell Fischer, 1025 Carol Street, Jefferson City, Cole County, Missouri 65101, as a member of the Multi-State Tax Commission, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Quentin Wilson, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Kenneth M. Kielty, Democrat, 1009 Devonshire Lane, St. Charles, St. Charles County, Missouri 63301, as a member of the St. Charles County Convention and Sports Facilities Authority, for a term ending April 27, 2005, and until his successor is duly appointed and qualified; vice, Jayne Voss, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Ross P. Marine, Democrat, 11728 Central Street, Kansas City, Jackson County, Missouri 64114, as a member of the Missouri Health Facilities Review Committee, for a term ending January 1, 2003, and until his successor is duly appointed and qualified; vice, John F. Goffstein, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Joseph E. Maxwell, Democrat, #5 Terrace Circle, Mexico, Audrain County, Missouri 65265, as a member of the Missouri Community Service Commission, for a term ending December 15, 2003, and until his successor is duly appointed and qualified; vice, Roger B. Wilson, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Ronald L. Phillips, M.D., Democrat, 1700 South Cottage Grove, Kirksville, Adair County, Missouri 63501, as a member of the State Board of Registration for Healing Arts, for a term ending August 13, 2004, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Clifford L. Sargeon, 8300 Evanston Avenue, Raytown, Jackson County, Missouri 64138, as a member of the State Mental Health Commission, for a term ending June 28, 2004, and until his successor is duly appointed and qualified; vice, Maurice Joseph Nutt, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Michael T. Schwend, Democrat, 1409 East Meadow Lane, Kirksville, Adair County, Missouri 6350l, as a member of the Board of Governors for Truman State University, for a term ending January 1, 2007, and until his successor is duly appointed and qualified; vice, James Reinhard, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Douglas L. Sutton, Republican, 27574 274 Street, Maryville, Nodaway County, Missouri 64468, as a member of the Board of Regents for Northwest Missouri State University, for a term ending January 1, 2007, and until his successor is duly appointed and qualified; vice, Robert E. Loch, Jr., resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 23, 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:

Angela M. Bennett, Democrat, 631 East 66th Street, Kansas City, Jackson County, Missouri 64131, as a member of the University of Missouri Board of Curators, for a term ending January 1, 2007, and until her successor is duly appointed and qualified; vice, Theodore Beckett, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 23, 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:

Anne Carole Ream, O.D., Republican, 418 East Maple, West Plains, Howell County, Missouri 65775, as a member of the University of Missouri Board of Curators, for a term ending January 1, 2007, and until her successor is duly appointed and qualified; vice, Paul Combs, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

INTRODUCTIONS OF GUESTS

Senator Bentley introduced to the Senate, John Schaefer, Springfield.

Senator Klindt introduced to the Senate, his niece and her family, Shana, David, Destinee and Darian Day, Kearney; and his son and his family, Randy, Karen, Ashton and Landon Klindt, Bethany; and Ashton, Landon, Destinee and Darian were made honorary pages.

Senator Sims introduced to the Senate, her daughter, Betsy Duff, and her grandchildren, Patrick and Maggie Duff, McLean, Virginia; and Patrick and Maggie were made honorary pages.

Senator Schneider introduced to the Senate, seventh grade students from Salem Lutheran School, Florissant; and Ashley Williams, Kyle Jeffrey, Avianne Clay and Sylvia Petty were made honorary pages.

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

SENATE CALENDAR

______



FORTY-FIFTH DAY-TUESDAY, MARCH 27, 2001

______



FORMAL CALENDAR



HOUSE BILLS ON SECOND READING



HCS for HBs 302 & 38

HJR 5-Barry, et al

HB 163-Berkowitz and

Wagner

HCS for HBs 205, 323 &

549

HB 219-Townley, et al

HCS for HBs 441, 94 & 244

HB 575-O'Connor, et al

HB 621-Gratz and Vogel

HB 288-Campbell

HB 266-Treadway

HB 236-Smith

HB 180-Thompson, et al

HB 133-Gambaro

HB 48-Relford

HB 78-Kennedy and Richardson

HB 262-Linton, et al

HCS for HBs 144 & 46

HS for HCS for HBs 328 &

88-Harlan

HCS for HB 207

HCS for HB 567

HCS for HB 241

HB 801-Liese and Wagner

HB 309-McKenna, et al

HB 111-Ladd Baker

HB 431-Barry

HB 202-Rizzo

HB 129-Van Zandt and

Campbell

HB 157-Hosmer

HB 80-Ross

HCS for HB 50

HCS for HB 194

HS for HB 287-Williams

HB 218-Farnen, et al

HCS for HBs 265 & 369

HS for HCS for HBs 237,

270, 403 & 442-Smith

HB 502-Ward

HB 779-Barnett

HB 409-Surface

HB 452-Gratz

HB 242-Smith

HB 600-Hosmer and Marsh

HB 607-Treadway, et al

HB 470-Shields and Hegeman

HB 491-George

HS for HB 381-Hoppe

HCS for HB 26

HB 185-Legan, et al

HB 166-Troupe

HS for HCS for HB 107-Clayton

HCS for HB 738

HS for HCS for HB 425-O'Toole

HB 249-Treadway

HB 473-Robirds

HCS for HB 334

HB 321-Skaggs, et al

HS for HB 421-Hoppe

HB 444-Kreider, et al

HB 453-Ransdall, et al

HB 603-Hilgemann, et al

HB 742-Harding, et al

HB 361-Shoemyer

HB 808-Gratz and Vogel

HB 691-Barnett, et al

HB 212-Ward

HB 788-O'Connor

HB 454-Monaco



HB 757-Shoemyer

HB 477-Graham



THIRD READING OF SENATE BILLS



1. SB 97-Bentley

(In Budget Control)

2. SB 50-Childers

3. SCS for SB 317-Stoll

4. SS for SB 14-Mathewson

5. SS for SB 220-Kinder

6. SS#2 for SCS for SBs

39 & 269-Klarich

7. SB 381-Klarich



8. SS for SCS for SB 267-

Klarich

9. SS for SCS for SB 48-

Sims

10. SS for SB 339-Stoll

(In Budget Control)

11. SCS for SB 374-Steelman

(In Budget Control)

12. SB 400-Kenney, et al



SENATE BILLS FOR PERFECTION



1. SBs 69 & 458-Gross,

with SCS

2. SB 68-Gross and House,

with SCAs 1 & 2

3. SB 60-Steelman, with SCS

4. SBs 347 & 487-Caskey,

with SCS

5. SB 385-Mathewson

6. SB 331-DePasco, et al,

with SCS

7. SBs 5 & 21-Wiggins,

et al, with SCS

8. SB 373-Gibbons and

Yeckel, with SCS

9. SBs 433 & 248-Kinder

and Gross, with SCS

10. SB 462-Westfall

11. SB 428-Loudon

12. SB 27-Johnson and

Westfall, with SCS



13. SB 99-Sims, with SCS

14. SBs 247 & 330-

Westfall and Staples,

with SCS

15. SB 351-Singleton and

Scott, with SCS

16. SJRs 1 & 4-Schneider,

with SCS

17. SBs 510, 512 & 133-

Kenney, with SCS

18. SJR 11-Yeckel

19. SBs 551, 410, 539,

528 & 296-Sims,

with SCS

20. SBs 476, 427 & 62-

Yeckel, et al, with

SCS

21. SB 369-Steelman and

Stoll, with SCS

22. SB 505-Loudon, with SCS





HOUSE BILLS ON THIRD READING



HCS for HB 15, with SCS (Russell)





INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SBs 22 & 106-Singleton,

with SCS & SS for SCS

(pending)

SBs 52 & 91-Childers, with

SCS and SA 3 (pending)

SB 65-Gibbons, with SCS

SBs 67 & 40-Gross, with SCS

SBs 89 & 37-Kinder, with SCS

SB 114-Loudon, with SCS,

SS for SCS & SA 1 (pending)

SB 184-Johnson, et al,

with SS#2 (pending)

SB 193-Rohrbach

SBs 214, 124, 209 & 322-

Gross, et al, with SCS

(pending)

SB 222-Caskey, with SA 3

& SSA 1 for SA 3 (pending)

SB 226-Goode, et al, with SCS

SBs 238 & 250-Staples, et

al, with SCS (pending)

SB 239-Stoll, with SCS, SA 6,

SSA 1 for SA 6 & SA 1 to

SSA 1 for SA 6 (pending)



SB 251-Kinder

SBs 253 & 260-Gross, with

SCS (pending)

SBs 323 & 230-Childers,

et al, with SCS (pending)

SB 372-Gibbons, with SCS

SB 375-Steelman, with SCS

SBs 391 & 395-Rohrbach,

with SCS & SS for SCS

(pending)

SB 392-Kenney and DePasco

SB 438-Bentley and Stoll,

with SS & SA 3 (pending)

SB 445-Singleton, with

SCS & SS for SCS

(pending)

SB 454-Kinder, with SCS

SBs 459, 305, 396 & 450-

Westfall, with SCS &

SS for SCS (pending)





CONSENT CALENDAR



Senate Bills



Reported 2/5



SB 143-Childers



Reported 2/19



SB 315-Childers, with SCS



Reported 3/5



SB 354-Johnson and Scott,

with SCS



Reported 3/12



SB 431-Goode and Cauthorn,

with SCS

SB 515-Yeckel, with SCS



SB 201-Sims

SB 526-Dougherty, with

SCS



Reported 3/13



SB 623-Westfall, with SCS

SB 520-Foster, with SCS

SB 319-Carter, with SCA 1

SB 284-Steelman, with SCS



SB 451-Goode

SB 460-Klarich

SB 307-Jacob



Reported 3/14



SB 556-DePasco

SB 470-Goode, et al, with

SCAs 1 & 2

SB 538-Yeckel

SB 563-Gibbons

SB 544-Johnson

SB 553-Klindt

SB 568-Mathewson, with SCS

SB 591-Kenney, with SCS



SB 610-Westfall

SB 617-Steelman, with SCS

SB 619-Mathewson, with

SCS

SB 500-Mathewson

SB 406-Westfall

SB 575-Caskey

SB 543-Foster



Reported 3/15



SB 514-Singleton, with SCS

SB 384-House, with SCS

SB 130-Bland

SB 266-Bland, et al, with SCS

SB 542-Klindt

SB 540-Klindt

SRB 606-Rohrbach and

Gibbons

RESOLUTIONS



SR 58-Singleton

SR 345-Quick, et al



SR 346-Kinder, with SA 3

& SSA 1 for SA 3

(pending)



Reported from Committee



SCR 8-Caskey, with SA 2

(pending)

SCR 14-Mathewson, with SCS

SCR 17-Steelman, et al

SCR 22-Rohrbach

SCR 23-DePasco



SCR 25-Loudon, with SCA 1

HCR 16-Green and Holt

(Gross)

SR 280-Steelman

SCR 26-Stoll, et al, with SCA 1

SCR 27-Goode and Russell



Requests to Recede or Grant Conference



SS for SCR 2-Singleton, with HCS

(Senate requests House

recede or grant conference)