Journal of the Senate

FIRST REGULAR SESSION


FIFTY-SECOND DAY--MONDAY, APRIL 9, 2001


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"A saint is one who walks when he walks, who talks when he talks, who does not dream while listening, who does not think while acting." (Anonymous)

Gracious God, we gather once again to analyze what is before us. Let us be saintly in our attentiveness of what is presented to us and what is said for our discernment. Let us be fully alert to what is best for the people of this state and help us provide assistance that may improve legislation we are asked to pass. But to do so we need Your presence and guidance this week and therefore ask for Your blessings in this way. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

The Journal for Thursday, April 5, 2001, was read and approved.

Photographers from the Associated Press 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 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 Schneider offered Senate Resolution No. 519, regarding the Fortieth Anniversary of Rosary High School, St. Louis County, which was adopted.

Senator Yeckel offered Senate Resolution No. 520, regarding Skyler Joseph "Sky" Branham, Sappington, which was adopted.

Senator Dougherty offered Senate Resolution No. 521, regarding Margaret Vining, St. Louis, which was adopted.

Senator Caskey offered Senate Resolution No. 522, regarding the Sixtieth Wedding Anniversary of Mr. and Wilbur L. Taylor, Butler, which was adopted.

Senator Yeckel offered Senate Resolution No. 523, regarding Jonathan Jerald Carter, St. Louis, which was adopted.

Senator Staples offered Senate Resolution No. 524, regarding Trevor Michael Yanske, Viburnum, which was adopted.

Senator Staples offered Senate Resolution No. 525, regarding Abraham Franciszek Timler, Viburnum, which was adopted.

Senator Staples offered Senate Resolution No. 526, regarding Marie Edgar, Potosi, which was adopted.

Senator Staples offered Senate Resolution No. 527, regarding Motorcycle Awareness and You Month, which was adopted.

Senator Klarich moved that SR 495, with SCS, be taken up for adoption, which motion prevailed.

SCS for SR 495 was taken up.

President Pro Tem Kinder assumed the Chair.

Senator Klarich moved that SCS for SR 495 be adopted.

At the request of Senator Klarich, the above motion was withdrawn, placing the resolution back on the Calendar.

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 954, entitled:

An Act to repeal sections 302.505, 302.510, 302.520, 302.541 and 302.545, RSMo 2000, and to enact in lieu thereof five new sections relating to license suspension and revocation procedures for persons under twenty-one years of age.

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 881, entitled:

An Act to repeal section 198.280, RSMo 2000, relating to nursing home districts, 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 408, entitled:

An Act to repeal section 214.030, RSMo 2000, relating to grave lot conveyances 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 897, entitled:

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

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 933, entitled:

An Act to repeal section 144.020, RSMo 2000, relating to the state sales tax, 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 904, entitled:

An Act to repeal sections 252.303, 252.306, 252.309, 252.315, 252.321, 252.324, 252.330 and 252.333, RSMo 2000, relating to agroforestry, and to enact in lieu thereof eight 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 805, entitled:

An Act to repeal sections 302.130 and 302.178, RSMo 2000, relating to driver's licenses, 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 821, entitled:

An Act to amend chapter 172, RSMo, by adding thereto one new section relating to a University of Missouri program to assist organ transplant patients.

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 644, entitled:

An Act to repeal section 461.051, RSMo 2000, relating to nonprobate transfers, and to enact in lieu thereof one new section relating to the same subject.

In which 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 922, entitled:

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

In which 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 84, entitled:

An Act to repeal section 50.334, RSMo 2000, relating to recorders of deeds, and to enact in lieu thereof one new section relating to the same subject.

In which concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HBs 924, 714, 685, 756, 734 and 518, entitled:

An Act to repeal sections 142.803, 144.440, 144.700, 144.805, 226.200, 227.100, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067, 301.069, 302.505, 302.510, 302.520, 302.541, 577.010, 577.012 and 577.037, RSMo 2000, and to enact in lieu thereof thirty-four new sections relating to transportation, with penalty provisions and a referendum clause.

In which concurrence of the Senate is respectfully requested.

Read 1st time.

SENATE BILLS FOR PERFECTION

Senator Singleton moved that SB 351, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 351, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 351

An Act to repeal sections 488.5336, 590.100, 590.101, 590.105, 590.110, 590.112, 590.115, 590.117, 590.120, 590.121, 590.123, 590.125, 590.130, 590.131, 590.135, 590.150 and 590.180, RSMo 2000, relating to selection and training of peace officers, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Singleton moved that SCS for SB 351 be adopted.

Senator Singleton offered SS for SCS for SB 351, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 351

An Act to repeal sections 57.010, 488.5336, 590.100, 590.101, 590.105, 590.110, 590.112, 590.115, 590.117, 590.120, 590.121, 590.123, 590.125, 590.130, 590.131, 590.135, 590.150, 590.170, 590.175, 590.180 and 590.650, RSMo 2000, relating to selection and training of peace officers, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions.

Senator Singleton moved that SS for SCS for SB 351 be adopted, which motion prevailed.

On motion of Senator Singleton, SS for SCS for SB 351 was declared perfected and ordered printed.

SJR 1 and SJR 4, with SCS, were placed on the Informal Calendar.

Senator Singleton moved that SB 22 and SB 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, SS for SCS for SBs 22 and 106 was withdrawn.

Senator Singleton offered SS No. 2 for SCS for SBs 22 and 106, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 22 and 106

An Act to repeal section 135.095, RSMo 2000, relating to prescription drugs for the elderly and to enact in lieu thereof twelve new sections relating to the same subject, with an emergency clause for certain sections and a contingent termination date for a certain section.

Senator Singleton moved that SS No. 2 for SCS for SBs 22 and 106 be adopted, which motion prevailed.

Senator Gibbons assumed the Chair.

On motion of Senator Singleton, SS No. 2 for SCS for SBs 22 and 106 was declared perfected and ordered printed.

Senator Kinder moved that SB 433 and SB 248, with SCS, SS for SCS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 2 was again taken up.

Senator Caskey moved that the above amendment be adopted.

Senator Gross requested a roll call vote be taken on the adoption of SA 2 and was joined in his request by Senators Childers, Foster, Kenney and Sims.

SA 2 failed of adoption by the following vote:

YEAS--Senators
Bland Caskey Childers Dougherty
House Jacob Johnson Quick
Russell Schneider Steelman Westfall--12
NAYS--Senators
Bentley Cauthorn Foster Gibbons
Goode Gross Kenney Kinder
Klarich Klindt Loudon Mathewson
Rohrbach Scott Sims Singleton
Stoll Wiggins Yeckel--19
Absent--Senators
DePasco Staples--2
Absent with leave--Senator Carter--1

Senator Steelman offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 433 and 248, Page 1, Section 537.053.1, Lines 4-10, by striking section 537.053.1; and

Further amend said bill, line 11, by inserting at the beginning of said line the number "537.053." and by renumbering the remaining subsections accordingly.

Senator Steelman moved that the above amendment be adopted.

Senator Staples requested a roll call vote be taken on the adoption of SA 3 and was joined in his request by Senators DePasco, Gross, Kenney and Scott.

SA 3 failed of adoption by the following vote:

YEAS--Senators
Caskey Dougherty House Jacob
Klarich Schneider Steelman Stoll--8
NAYS--Senators
Bentley Bland Cauthorn Childers
DePasco Foster Gibbons Goode
Gross Johnson Kenney Kinder
Klindt Loudon Mathewson Rohrbach
Russell Scott Singleton Staples
Westfall Wiggins Yeckel--23
Absent--Senators
Quick Sims--2
Absent with leave--Senator Carter--1

Senator Schneider offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 433 and 248, Pages 1 and 2, Section 537.053, Lines 4 to 23, by striking all of said lines and by inserting in lieu thereof the following:

"537.053. Any insurance company who sells liability insurance which provides coverage for dram shop liability as described in this section shall provide such coverage in a separate rider and charge a separate premium for such coverage. The rates for such insurance coverage shall be reviewed and approved by the director of the department of insurance.".

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

Senator Gross moved that SS for SCS for SBs 433 and 248, as amended, be adopted, which motion prevailed.

On motion of Senator Kinder, SS for SCS for SBs 433 and 248, as amended, was declared perfected and ordered printed.

HOUSE BILLS ON SECOND READING

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

HCS for HBs 754, 29, 300 and 505--Education.

HCS for HB 106--Public Health and Welfare.

HS for HJR 11--Local Government and Economic Development.

HB 410--Local Government and Economic Development.

HCS for HB 824--Public Health and Welfare.

HB 825--Ways and Means.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Gene Scott, Franklin County.

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



SENATE CALENDAR

______



FIFTY-THIRD DAY-TUESDAY, APRIL 10, 2001

______



FORMAL CALENDAR



HOUSE BILLS ON SECOND READING



HS for HB 612-Ladd Baker

HB 954-Hosmer

HB 881-Scott, et al

HB 408-Kelley (47th)

HB 897-Kreider, et al

HB 933-Reid

HB 904-Merideth, et al

HB 805-Mayer and

Richardson



HB 821-Hosmer

HB 644-Burton

HB 922-Gaskill and

Bartelsmeyer

HB 84-Richardson

HS for HCS for HBs 924,

714, 685, 756, 734 &

518-Wiggins



THIRD READING OF SENATE BILLS



SCS for SB 60-Steelman

(In Budget Control)

SCS for SBs 69 & 458-Gross

(In Budget Control)

SS for SCS for SBs 323 &

230-Childers

SB 385-Mathewson



SS for SCS for SBs 214,

124, 209 & 322-Gross

(In Budget Control)

SCS for SBs 5 & 21-Wiggins, et al

SS for SCS for SB 372-Gibbons

SB 462-Westfall

SB 428-Loudon

SENATE BILLS FOR PERFECTION



1. SBs 510, 512 & 133-

Kenney, with SCS

2. SJR 11-Yeckel

3. SBs 551, 410, 539, 528

& 296-Sims, with SCS

4. SBs 476, 427 & 62-

Yeckel, et al, with SCS

5. SB 369-Steelman and

Stoll, with SCS

6. SB 505-Loudon, with SCS

7. SB 578-Goode and

Russell, with SCS

8. SBs 448 & 588-Sims,

et al, with SCS

9. SB 535-Rohrbach, with SCS

10. SB 66-Gibbons, with SCS#2

11. SB 525-Cauthorn, with SCS

12. SB 242-Kenney

13. SB 225-Mathewson,

with SCS

14. SB 180-Klarich

15. SB 583-Yeckel

16. SB 488-Klindt, et al,

with SCS

17. SB 387-Goode, et al,

with SCS

18. SB 455-Kinder, et al,

with SCS



19. SBs 334 & 228-Kinder,

with SCS

20. SB 469-Gross, et al

21. SB 546-Kenney, et al, with SCS

22. SB 337-House and Kinder

23. SB 593-Klindt, with SCS

24. SB 509-Cauthorn and Klindt

25. SBs 42 & 108-Kenney,

with SCS

26. SB 565-Staples



INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 27-Johnson and

Westfall, with SCS, SS

for SCS & SA 1 (pending)

SBs 52 & 91-Childers, with

SCS and SA 3 (pending)

SB 65-Gibbons, with SCS

SBs 67 & 40-Gross, with SCS

SB 68-Gross and House

SBs 89 & 37-Kinder, with SCS

SB 99-Sims, with SCS

SB 114-Loudon, with SCS,

SS for SCS & SA 1

(pending)

SB 184-Johnson, et al,

with SS#2 (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 11 (pending)

SBs 247 & 330-Westfall

and Staples, with SCS

& SS for SCS (pending)

SB 251-Kinder

SBs 253 & 260-Gross, with

SCS (pending)

SB 331-DePasco, et al,

with SCS & SS for SCS

(pending)

SBs 347 & 487-Caskey,

with SCS (pending)

SB 373-Gibbons and Yeckel,

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)

SJRs 1 & 4-Schneider,

with SCS

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



BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



HCS for HB 15, with SCS

(Russell)

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 17-Steelman, et al

HCR 16-Green and Holt (House)

SCR 28-DePasco

SR 495-Klarich, with SCS Requests to Recede or Grant Conference



SS for SCR 2-Singleton,

with HCS

(Senate requests House

recede or grant conference)