Journal of the Senate

FIRST REGULAR SESSION


FORTY-FIFTH DAY--TUESDAY, MARCH 27, 2001


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"If we really want to pray, we have to give time to learning its lessons." (Mother Mary Clare)

Almighty God, let us not hurry over words, quoting platitudes, and feel our prayers are finished. Let us take the time to learn the lessons that come from praying in discovering ourselves as we truly are before You and be able to mature and deepen our relationship with You so that what we do and say reflects Your will for our lives. 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 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--33
Absent with leave--Senator Carter--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Klarich offered Senate Resolution No. 390, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Jerald Hall, Manchester, which was adopted.

Senator Gross offered Senate Resolution No. 391, regarding Alicia Holden, St. Charles, which was adopted.

Senator Singleton offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 392

WHEREAS, the members of the Missouri Senate always welcome the opportunity to acknowledge milestone events in the histories of Show-Me State businesses which are dedicated to meeting the needs of their customers as well as the special needs of their handicapped and disabled employees; and

WHEREAS, Joplin Workshops, Incorporated, was established in March, 1966, as the seventh corporation in the state of Missouri to start an employment program for the handicapped and disabled; and

WHEREAS, formerly known as the Joplin Area Sheltered Workshop, Incorporated, Joplin Workshops will observe its Thirty-Fifth Anniversary on March 28, 2001; and

WHEREAS, from its humble, yet important, beginning as a single workshop facility with fifteen disabled employees and one staff member, Joplin Workshops has grown to become a large-scale network which currently employs more than two hundred disabled individuals; and

WHEREAS, down through the years Joplin Workshops has celebrated such glorious achievements as the construction of the industrial subcontract facility in 1979, creation of Healthcare Linen Specialists in 1992, doubling in size of the industrial subcontract facility in 1997, and expansion of the Healthcare Linen Specialists building in 1999; and

WHEREAS, Joplin Workshops has made substantial contributions to the economic welfare of the Joplin community by providing cost-effective labor that meets the needs of business and industry in a variety of areas relating to the performance of delicate and intricate tasks, special skills, packaging, and laundry service for many local businesses, including all hospitals within a fifty-mile radius:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously to applaud the stellar history and impressive, ongoing legacy of Joplin Workshops, Incorporated, and to convey to its many staff and workers this legislative body's heartiest congratulations for Thirty-Five Years of an exceptional array of services which utilize the effective skills of handicapped and disabled citizens; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in recognition of the Thirty-Fifth Anniversary of the founding of Joplin Workshops, Incorporated.

Senator Singleton offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 393

WHEREAS, the members of the Missouri Senate are proud to recognize an outstanding individual who has demonstrated the highest standard of excellence in his chosen occupation; and

WHEREAS, Jackie Burks of Riverton, Kansas, was named Missouri Driver of the Month for September, 2000, a most impressive accolade bestowed upon him by the Missouri Motor Carriers Association which made him a candidate for Missouri Driver of the Year; and

WHEREAS, Jackie Burks, who will be featured in a future issue of Mid-America Transporter Magazine, was nominated for this honor after being named Sitton Motor Lines' Driver of the Month for October, 1999; and

WHEREAS, to be eligible for Missouri Driver of the Month, drivers like Jackie Burks are nominated by their company, which must be a member of the Missouri Motor Carriers Association, and must be a resident of Missouri or based at a Missouri terminal; and

WHEREAS, Jackie Burks was selected by representatives of the Missouri State Highway Patrol, Department of Transportation, and Division of Highway Safety from nominations submitted by a number of other companies; and

WHEREAS, an employee with Sitton Motor Lines since August, 1990, Jackie Burks has logged four million miles with zero non-chargeable accidents and has served as a driver trainer for one and one-half years, as a driver finisher for one year, and as a member of the Driver Advisory Board from 1986 to 1988; and

WHEREAS, Jackie Burks has also enjoyed recognition as a recipient of two Driver of the Year awards, six Driver of the Month awards, and the Missouri Motor Carriers Association's Driver of the Month award for June, 1998:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, unanimously join the Missouri Motor Carriers Association in extending our most hearty congratulations to Jackie Burks for being chosen to receive the Missouri Driver of the Month award for September, 2000, and in wishing him continued success in the new millennium; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Jackie Burks, as a measure of our esteem for him.

Senator Singleton offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 394

WHEREAS, the members of the Missouri Senate occasionally pause in their diverse legislative endeavors in order to recognize milestone achievements in the careers of Show-Me State residents who have proven to be a tremendous asset in state government as employees who are dedicated to ensuring that all services are provided in accordance with the public's mandate in a timely, efficient, and effective manner; and

WHEREAS, Terri Butterfield began her endeavors with the Department of Labor and Industrial Relations, Division of Employment Security, with a provisional appointment as an Employment Service Deputy I on January 7, 1975, in the Monett office; and

WHEREAS, a diligent and conscientious worker, Terri Butterfield accepted a regular appointment on September 15, 1975, as an Employment Security Deputy II; and

WHEREAS, Terri Butterfield continued to be an exemplary employee and enjoyed a promotion on July 21, 1980, to the position of Unemployment Insurance Claims Technician which required her to file initial claims, continue claims, and issue decisions allowing or denying unemployment benefits; and

WHEREAS, on December 1, 1988, Terri Butterfield received a class transfer to Employment Security Technician, a position she held until her shift by Governor's Executive Order to the Department of Economic Development, Division of Workforce Development, where she is a Workforce Development Specialist I; and

WHEREAS, after more than twenty-six years of service, Terri Butterfield will retire on May 1, 2001, in order to participate in the special opportunities and pleasures which are traditionally associated with the golden years of retirement:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously to applaud the exceptional career and impressive life of Terri Butterfield and to convey to her this legislative body's heartiest congratulations upon her well-deserved retirement from state government; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Terri Butterfield, as an expression of our esteem for her and her workplace contributions.

Senators Russell and Bentley offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 395

WHEREAS, Norma Lea Mihalevich, a lifelong Missourian of Pulaski County residing in the city of Crocker, is hereby recognized for her exemplary service to her community, public education, and church; and

WHEREAS, Norma Lea Mihalevich has volunteered an exceptional amount of time and energy to county and city civic groups, including the county hospital auxiliary, home health agency, board for the handicapped, regional library board, senior citizens center, and other community-based civic organizations; and

WHEREAS, the Honorable Norma Lea Mihalevich is stepping down from twenty-four years of distinguished service as Mayor of the City of Crocker, after holding that important leadership position since 1977; and

WHEREAS, she diligently prepared herself for lifelong support of public education by her studies at Waynesville High School, from which she graduated in 1937, and at Missouri State Teachers College, where she earned a Bachelor's degree with minors in vocational home economics and commerce science; and teaching at the Rolling Heath one-room school; and

WHEREAS, recognized as a "Pioneer in Education" in 1986 by the Missouri Department of Elementary and Secondary Education, Norma Lea Mihalevich has distinguished herself as a member of the Crocker R-II Board of Education for an exceptional forty-eight years since elected in 1952, during which she served on the Board of Directors of the Missouri School Boards Association, held regional leadership positions, and received their 1998 "Recognition of Commitment" award and the 2001 "Board Member of the Year" recognition by the Missouri Association of Rural Educators; and

WHEREAS, an invaluable member of the Crocker Baptist Church for the past fifty-nine years, Norma Lea Mihalevich has exemplified her beliefs by applying her time and talents to the betterment of community and caring of family as well as others in need; and

WHEREAS, Norma Lea Mihalevich has exemplified the meaning of spouse, mother and grandmother, having been blessed in marriage and love with her devoted husband, retired Crocker family practitioner Dr. John A. Mihalevich and through their marriage of fifty-nine years they have been blessed with five children and eleven grandchildren:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously to applaud the exceptional life of Norma Lea Mihalevich and to wish her many more years of continued personal success after her well-deserved retirement from the office of Mayor of the City of Crocker and from service as a board member of Crocker R-II; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in honor of Mayor Norma Lea Mihalevich of Crocker, Missouri.

Photographers from the Associated Press were given permission to take pictures in the Senate Chamber today.

SENATE BILLS FOR PERFECTION

Senator Singleton moved that SBs 22 and 106, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SCS for SBs 22 and 106 was again taken up.

At the request of Senator Singleton, SB 22 and SB 106, with SCS and SS for SCS (pending), were placed on the Informal Calendar.

Senator Kenney moved that SB 392 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Gibbons offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 392, Page 2, Section 135.230, Line 50, by inserting immediately after the word "facility" the following: "and for at least ninety days thereafter".

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

Senator Mathewson offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 392, Page 2, Section 135.230, Line 52, by inserting after the word "facility" the following: "and residents of the state of Missouri".

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

On motion of Senator Kenney, SB 392, as amended, was declared perfected and ordered printed.

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 45, entitled:

An Act to repeal section 161.112, RSMo 2000, relating to the qualifications of the commissioner of education, 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 459, entitled:

An Act to repeal sections 375.1202 and 375.1220, RSMo 2000, relating to insurance liquidation, 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 420, entitled:

An Act to repeal section 302.138, RSMo 2000, relating to motorcycle safety education.

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 732, entitled:

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

Emergency clause defeated.

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 642, entitled:

An Act to amend chapter 221, RSMo, by adding thereto one new section authorizing a sales tax for regional jail districts and associated court facilities, with an expiration date.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REPORTS OF STANDING COMMITTEES

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 SJR 9, begs leave to report that it has examined the same and finds that the joint resolution has been truly perfected and that the printed copies furnished the Senators are correct.

On motion of Senator Kenney, the Senate recessed until 3:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Klarich.

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 396, regarding June Rae Wood, Windsor, which was adopted.

Senator Yeckel offered Senate Resolution No. 397, regarding Julie Capkovic, Affton, which was adopted.

Senator Steelman offered Senate Resolution No. 398, regarding Lauren Hutcheson, Houston, which was adopted.

Senator DePasco offered Senate Resolution No. 399, regarding Leslie Earle Conner, Sugar Creek, which was adopted.

Senator DePasco offered Senate Resolution No. 400, regarding the Flavin/Browne Building Complex, Kansas City, which was adopted.

Senator Sims offered Senate Resolution No. 401, regarding Laura Kennedy, Wildwood, which was adopted.

Senator Sims offered Senate Resolution No. 402, regarding Lucy Jordan, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 403, regarding Monica Imgrund, O'Fallon, which was adopted.

Senator Sims offered Senate Resolution No. 404, regarding Christine Haring, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 405, regarding Erin Barker, Fenton, which was adopted.

Senator Sims offered Senate Resolution No. 406, regarding Amy Barnhart, Washington, which was adopted.

Senator Sims offered Senate Resolution No. 407, regarding Amanda Blalock, Hazelwood, which was adopted.

Senator Sims offered Senate Resolution No. 408, regarding Liz Borges, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 409, regarding Jacqueline Renee Boeckmann, Villa Ridge, which was adopted.

Senator Sims offered Senate Resolution No. 410, regarding Patricia Burke, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 411, regarding Mary "Betsy" Cannella, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 412, regarding Christin Nichole Cooper, Manchester, which was adopted.

Senator Sims offered Senate Resolution No. 413, regarding Mariea Clubb, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 414, regarding Leslie Carpenter, Ballwin, which was adopted.

Senator Sims offered Senate Resolution No. 415, regarding Vanessa Crawford, St. Peters, which was adopted.

Senator Sims offered Senate Resolution No. 416, regarding Elizabeth Lynn Crouch, St. Peters, which was adopted.

Senator Sims offered Senate Resolution No. 417, regarding Sarah Denson, Washington, which was adopted.

Senator Sims offered Senate Resolution No. 418, regarding Barbara A. Dettmer, Overland, which was adopted.

Senator Sims offered Senate Resolution No. 419, regarding Gloria Dirnbeck, Florissant, which was adopted.

Senator Sims offered Senate Resolution No. 420, regarding Maggie Dougherty, Fenton, which was adopted.

Senator Sims offered Senate Resolution No. 421, regarding Lauren C. Dusek, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 422, regarding Jeannine Cheri Favier, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 423, regarding Dawn Flandermeyer, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 424, regarding Christina Elliston, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 425, regarding Therese C. Griner, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 426, regarding Marissa Geary, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 427, regarding Kalen Elizabeth Furrer, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 428, regarding Amanda Ellen Kostecki, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 429, regarding Lisa Krumlinde, Wentzville, which was adopted.

Senator Sims offered Senate Resolution No. 430, regarding Amy Lange, St. Louis, which was adopted.

CONCURRENT RESOLUTIONS

Senator Rohrbach moved that SCR 22 be taken up for adoption, which motion prevailed.

On motion of Senator Rohrbach, SCR 22 was adopted by the following vote:

YEAS--Senators
Caskey Cauthorn Childers DePasco
Dougherty Foster Gibbons Goode
Gross House Kenney Kinder
Klarich Klindt Loudon Mathewson
Rohrbach Schneider Scott Sims
Staples Steelman Westfall Wiggins--24
NAYS--Senators--None
Absent--Senators
Bentley Bland Jacob Johnson
Quick Russell Singleton Stoll
Yeckel--9
Absent with leave--Senator Carter--1

President Maxwell assumed the Chair.

THIRD READING OF SENATE BILLS

SB 431, with SCS, introduced by Senators Goode and Cauthorn, entitled:

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

Was called from the Consent Calendar and taken up by Senator Goode.

SCS for SB 431, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 431

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

Was taken up.

Senator Goode moved that SCS for SB 431 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for SB 431 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 Quick
Rohrbach Russell Schneider Scott
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Sims Singleton--3
Absent with leave--Senator Carter--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kinder Klarich Klindt
Loudon Mathewson Russell Schneider
Scott Staples Steelman Stoll
Westfall Wiggins Yeckel--27
NAYS--Senators--None
Absent--Senators
Bland Kenney Quick Rohrbach
Sims Singleton--6
Absent with leave--Senator Carter--1

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

SB 515, with SCS, introduced by Senator Yeckel, entitled:

An Act to repeal sections 59.310 and 59.313, RSMo 2000, relating to county recorders of deeds, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

Was called from the Consent Calendar and taken up.

SCS for SB 515, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 515

An Act to repeal sections 59.310 and 59.313, RSMo 2000, relating to county recorders of deeds, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

Was taken up.

Senator Yeckel moved that SCS for SB 515 be adopted, which motion prevailed.

On motion of Senator Yeckel, SCS for SB 515 was read the 3rd time and passed by the following vote:



YEAS--Senators
Bentley Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Goode House Johnson Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Scott Sims Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senator Gross--1
Absent--Senators
Bland Jacob Singleton--3
Absent with leave--Senator Carter--1

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

SB 201, introduced by Senator Sims, entitled:

An Act to amend chapter 9, RSMo, by adding thereto one new section relating to Missouri lifelong learning month.

Was called from the Consent Calendar and taken up.

On motion of Senator Sims, SB 201 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 Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins--31
NAYS--Senators--None
Absent--Senators
Johnson Yeckel--2
Absent with leave--Senator Carter--1

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

SB 623, with SCS, introduced by Senator Westfall, entitled:

An Act to repeal section 301.453, RSMo 2000, relating to congressional license plates, 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 623, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 623

An Act to repeal section 301.453, RSMo 2000, relating to congressional license plates, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Westfall moved that SCS for SB 623 be adopted, which motion prevailed.

On motion of Senator Westfall, SCS for SB 623 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
Johnson Kenney Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Jacob--1
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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 SB 392, 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.

SENATE BILLS FOR PERFECTION

Senator Steelman moved that SB 375, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 375, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 375

An Act to repeal sections 58.451, 58.740, 610.010, 610.015, 610.021, 610.022, 610.026, 610.027, 610.100, 610.105 and 610.200, RSMo 2000, relating to public records, and to enact in lieu thereof eleven new sections relating to the same subject.

Was taken up.

Senator Steelman moved that SCS for SB 375 be adopted.

Senator Steelman offered SS for SCS for SB 375, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 375

An Act to repeal sections 58.451, 58.740, 610.010, 610.015, 610.021, 610.022, 610.026, 610.027, 610.100, 610.105 and 610.200, RSMo 2000, relating to public records, and to enact in lieu thereof eleven new sections relating to the same subject.

Senator Steelman moved that SS for SCS for SB 375 be adopted.

Senator Dougherty offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 375, Page 19, Section 610.027, Line 13 of said page, by inserting immediately before the word "violated" the word "negligently"; and

Further amend said bill, Page 24, Section 610.100, Line 14 of said page, by inserting immediately before the word "violated" the word "negligently".

Senator Dougherty moved that the above amendment be adopted.

Senator Childers offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 375, Page 19, Section 610.027, Line 21, by deleting the word "thousand" and insert in lieu thereof the word "hundred" and further amend said bill, section 610.015, page 11, line 15, by inserting before the "." on said line the following "and any votes by any caucus of members of the General Assembly" and further amend said bill, page 24, section 610.100, line 14, by deleting [purposely] and insert in lieu thereof the word "knowingly" and further amend said section and page, line 21, by deleting the word "thousand" and insert in lieu thereof the word "hundred".

Senator Childers moved that the above substitute amendment be adopted.

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

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

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

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 375, Page 19, Section 610.027, Line 21, by deleting the word "thousand" and insert in lieu thereof the word "hundred" and further amend said bill, section 610.015, page 11, line 15, by inserting before the "." on said line the following "and any votes by any caucus of members of the General Assembly" and further amend said bill, page 24, section 610.100, line 14, by adding after the word [purposely] the word "knowingly" and further amend said section and page, line 21, by deleting the word "thousand" and insert in lieu thereof the word "hundred".

Senator Childers moved that the above substitute amendment be adopted.

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

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

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

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

SENATE SUBSTITUTE AMENDMENT NO. 3

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 375, Page 19, Section 610.027, Line 13, by inserting immediately before the word "violated" the word "knowingly"; and

Further amend said bill, page 24, section 610.100, line 14, by inserting immediately before the word "violated" the word "knowingly".

Senator Gibbons moved that the above substitute amendment be adopted.

At the request of Senator Steelman, SB 375, with SCS, SS for SCS, SA 1 and SSA 3 for SA 1 (pending), was placed on the Informal Calendar.

Senator Rohrbach moved that SB 193 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Rohrbach offered SS for SB 193, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 193

An Act to repeal sections 375.012, 375.014, 375.016, 375.017, 375.018, 375.019, 375.020, 375.021, 375.022, 375.025, 375.027, 375.031, 375.033, 375.035, 375.037, 375.039, 375.046, 375.051, 375.061, 375.065, 375.071, 375.076, 375.081, 375.082, 375.086, 375.091, 375.096, 375.101, 375.106, 375.116, 375.121, 375.136, 375.141, 375.142, 375.158, 379.356 and 384.043, RSMo 2000, and to enact in lieu thereof twenty-eight new sections relating to insurance producers, with penalty provisions and an effective date for certain sections.

Senator Rohrbach moved that SS for SB 193 be adopted.

Senator Singleton offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 193, Page 10, Section 375.015, Line 4, by deleting "twenty-five" and inserting "fifty-five".

Senator Singleton moved that the above amendment be adopted.

Senator Steelman assumed the Chair.

At the request of Senator Rohrbach, SB 193, with SS and SA 1 (pending), was placed on the Informal Calendar.

COMMUNICATIONS

Senator House submitted the following communication:

March 13, 2001

Terry Spieler

Senate Secretary

Missouri Senate

Capitol Building

Jefferson City, Missouri 65101

Dear Ms. Secretary:

I am respectfully requesting that Senator Ted House handle House Concurrent Resolution No. 16 in the Missouri Senate. I sponsored HCR 16 in the House, and it is now on the Senate Calendar for floor debate.

Thank you for your consideration in this matter.

Sincerely,

/s/ Tom

THOMAS S. GREEN

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

REFERRALS

President Pro Tem Kinder referred SB 392 to the Committee on State Budget Control.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Kimberly Shola, New Haven; and Kimberly was made an honorary page.

Senator Klarich introduced to the Senate, Robin Brouk and representatives of the Union Republican Women's Club, Ezra Akin, David Brouk, Sarah Heitzmann, Tony Sansone and Thomas Wingfield, Union; and Ezra, David, Sarah, Tony and Thomas were made honorary pages.

Senator Rohrbach introduced to the Senate, Marcia Simmons, Tipton.

Senator Westfall introduced to the Senate, eighth grade students from Aurora Junior High School, Aurora; and Rudy Garoutte, Jamie Lawrence, Kim Calton and Sarah McKee were made honorary pages.

Senator Sims introduced to the Senate, Hannah White, Liberty.

Senator Sims introduced to the Senate, Mr. Ed Murphy, Dr. Tad Murphy and Teddy Murphy, St. Louis; and Teddy was made an honorary page.

Senator Childers introduced to the Senate, Matt Sickman, Kasi Grisham, Dawn Van Deuren, Heather Wakefield, Jeremy Prus, Daniel Warren, Kari Erikson, Jessica Breitenbach, Timmera Allred, Heather Maddoux and Linda Van Deuren, Hollister High School, Hollister.

Senator Klindt introduced to the Senate, Greg Frost, Melissa Taylor, Chrystal Everett, Roger L. Cain, Jason Bain, Nick Booth, Casey Campbell, Jeff Carpenter, James Doty, Matt Doty, Amanda Everett, Heath Ledgerwood, Micheal McLain, Mike O'Neal, Rosa Solorio, Ellisa Thomas and Levi Thompson, Cainsville High School, Cainsville.

Senator Klindt introduced to the Senate, Kent Porterfield, Carol Cowles and seventy students and members of the Student Senate from Northwest Missouri State University, Maryville.

Senator Johnson introduced to the Senate, Ashley Varner, St. Joseph.

Senator Mathewson introduced to the Senate, two adults and twelve eighth grade students from Keytesville School, Chariton County; and Savannah Byrd, Andrew Meade, Kim Hall and Amanda Bartholomew were made honorary pages.

Senator Kenney introduced to the Senate, Mary Margaret Tompkins, Lee's Summit.

Senator Rohrbach introduced to the Senate, Mrs. Kuster and fourth grade students from St. Stanislaus School, Wardsville.

Senator Westfall introduced to the Senate, Annie Ankrom, Bolivar.

Senator Steelman introduced to the Senate, Lauren Hutcheson, Houston.

Senator Stoll introduced to the Senate, Dr. Ralph Herron, Jefferson County.

Senator Westfall introduced to the Senate, Sue Entlicher, Bolivar.

Senator Klindt introduced to the Senate, Amy Whitaker, Trenton; and Amy was made an honorary page.

Senator Cauthorn introduced to the Senate, Kathy Chinn and Alice Gardner, Shelbina.

Senator Cauthorn introduced to the Senate, Barb Wilson, Cindy Brack and fourth grade students from St. Brennan's School, Mexico.

Senator Gross introduced to the Senate, Alicia Holden, Ruth Bruns, Carol Emison, Elenor Buzan, Donna Meutel, Val Weston, Jan Davis and Shirley Fehl, St. Charles; and Alicia was made an honorary page.

Senator Yeckel introduced to the Senate, Joann Breckenridge, Affton; and Joy Gerstein, Washington.

Senator Klarich introduced to the Senate, Maryn Struckhoff and representatives of the United Federation of Republican Women, Washington; and Aubrey Hale, Jessica Fischer, Jeff Brown, Rachel Hellmann and Elizabeth Hellmann were made honorary pages.

Senator Klindt introduced to the Senate, John and Patricia Dudeck and Neal and Dorothy Kurz, Holt City.

On behalf of Senator Staples and himself, Senator Childers introduced to the Senate, Katy Roark, Ruth Burke, Amber Hunspberger, Latasha Clark, Jackie Duncan, Georgia Hagler, Amber Buckwalter, Mike Lampley, Nathan Gill, Monica and Amber Nieland, Lucas Harlan, Matt Davis, Nick Schoenhofen, Chris Heilig and Sharon Richardson from Oregon-Howell R-III School, Koshkonong; and Matt Davis, Nathan Gill, Amber Hunspberger and Jackie Duncan were made honorary pages.

Senator Westfall introduced to the Senate, Mrs. Whaley and Mrs. Lemon, Lockwood.

Senator Steelman introduced to the Senate, representatives of the Callaway County Republican Women's Club.

Senator Steelman introduced to the Senate, her sons, Sam, Joe and Michael, Rolla; and Sam, Joe and Michael were made honorary pages.

Senator Loudon introduced to the Senate, Gerry Kettenbach, Ph.D. and Martha Bunch, Creve Coeur; and seven teachers from Kagawa Prefecture, Japan.

Senator Klarich introduced to the Senate, the Physician of the Day, Dr. Tony Guarino, M.D., St. Louis.

Senator Yeckel introduced to the Senate, Donna Spickert and Hannah Cummings, Columbia.

Senator Klindt introduced to the Senate, Lee Langerock and forty representatives of the city of Albany.

Senator Gross introduced to the Senate, Mandy Sheets and Kristen Pingel, St. Charles County; and Kristen was made an honorary page.

Senator Staples introduced to the Senate, his grandson, Danny Staples, Roger Koontz and fourth grade students from Alton Elementary School, Alton; and Danny, Trent Thompson, Tyler Thompson and Alex Miller were made honorary pages.

Senator Cauthorn introduced to the Senate, Lori Gilliland and fourth grade students from Covenant Life Fellowship School, Kirksville.

Senator Caskey introduced to the Senate, Mrs. Carolyn Harms, Mrs. Bonnie Manion, Mr. Richard Orr and third through sixth grade students from Windsor Elementary School, Henry County; and Trey Crockett, Brooke Crouch, Cristyn Hackett, Brianna Hagerty and Clint Schweitzer were made honorary pages.

Senator Dougherty introduced to the Senate, Jo Ann Perkins and Mike Daus, St. Louis.

Senator Mathewson introduced to the Senate, Sue Miller and her family, Odessa; and Lauren and Mason Phillips were made honorary pages.

Senator Cauthorn introduced to the Senate, Deanna Huett, Vicky Buckmaster, Sarah Lynch and Stephanie Huett, Columbia; and Vicky, Sarah and Stephanie were made honorary pages.

Senator Westfall introduced to the Senate, Ashley Fausett, Linda Stillings and Joey Davis, Lamar; and Ashley was made an honorary page.

Senator Westfall introduced to the Senate, Barbara Clayton, Strafford; Clarissa Moon, Hartville; Christina Matchell, Plattsburg; and Tom Dahlberg, M.D., Springfield.



Senator Staples introduced to the Senate, Mrs. Doyer, Ms. Speidel, Doug Henry and students from Sunrise School, DeSoto; and William McNicholas, Michelle Parker, Zach Pennock and Danielle Stone were made honorary pages.

Senator Johnson introduced to the Senate, representatives of United Cerebral Palsy Advocacy Services of Northwest Missouri and students from Missouri Western State College.

Senator Klindt introduced to the Senate, Rayma Becker, Ray and Joanne Becker, John and Debbie Kramer, Jim and Becky Seib, Brent and Rita Penner, Rock and Debra Dirks, Avis Penner and six students from Jamesport Mennonite School, Jamesport; and Anthony Dirks, Andy Becker, A.J. Krammer, David Krammer, Jim Seib and Wayland Penner were made honorary pages.



Senator Sims introduced to the Senate, Andriette Fields and twenty-six members of Girls, Inc., St. Louis.

Senator Yeckel introduced to the Senate, Ollie and Barbara Sappington, and their children, Heather and Emily, St. Louis County.

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

SENATE CALENDAR

______



FORTY-SIXTH DAY-WEDNESDAY, MARCH 28, 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

HB 45-Farnen

HB 459-Liese, et al

HB 420-Williams, et al

HB 732-Hosmer

HB 642-Relford



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

13. SS for SJR 9-Goode

14. SB 392-Kenney and

DePasco

(In Budget Control)

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

23. SB 578-Goode and

Russell, 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, with SS

& SA 1 (pending)

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,

SS for SCS, SA 1 & SSA 3

for SA 1 (pending)

SBs 391 & 395-Rohrbach,

with SCS & SS for SCS

(pending)

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 526-Dougherty, with

SCS



Reported 3/13



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 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)