Journal of the Senate

FIRST REGULAR SESSION


FIFTY-EIGHTH DAY--THURSDAY, APRIL 19, 2001


The Senate met pursuant to adjournment.

Senator Rohrbach in the Chair.

Reverend Carl Gauck offered the following prayer:

"In regard to the moral character generally of our ancestors, the settlers of New England, my opinion is that they possessed all the Christian virtues but charity; and they seem never to have doubted that they possessed that also." (Daniel Webster, October 14, 1826)

Loving Lord, we pray that this day and coming weekend You will bestow upon us a charitable love that lubricates our varied relationships in life. May our love be soothing for those we live with, bringing harmony and deep caring for one another. And we would pray, help us have a sense of charity as we minister to those in our state who stand in need of our help and what we have to offer. 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.

Senator Kenney moved that the Senate Journal for Wednesday, April 18, 2001, be corrected on Page 793, Column 1, Line 7, by deleting said line and inserting in lieu thereof the following: "HOUSE BILLS ON THIRD READING", which motion prevailed.

On motion of Senator Kenney, the Journal for Wednesday, April 18, 2001, was read and approved as corrected.

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


RESOLUTIONS

Senator Kenney offered Senate Resolution No. 580, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Clete Heidbreder, Lohman, which was adopted.

Senator Kenney offered Senate Resolution No. 581, regarding Ray Hildebrand, Overland Park, Kansas, which was adopted.

Senator Kenney offered Senate Resolution No. 582, regarding Paul Land, Kansas City, which was adopted.

Senator Kenney offered Senate Resolution No. 583, regarding Alan Goforth, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 584, regarding R.S.V.P. Productions, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 585, regarding the First National Bank of Missouri, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 586, regarding Keith A. Asel, Lee's Summit, which was adopted.

Senator Klindt offered Senate Resolution No. 587, regarding Larry Howard, Brookfield, which was adopted.

Senator Klindt offered Senate Resolution No. 588, regarding Scharlotte Liebhart, Brookfield, which was adopted.

Senator Rohrbach offered Senate Resolution No. 589, regarding Shaun Callaway, Boonville, which was adopted.

Senator Rohrbach offered Senate Resolution No. 590, regarding Rick White, Eldon, which was adopted.

Senator Wiggins offered Senate Resolution No. 591, regarding Ms. Flora Nunley, Kansas City, which was adopted.

Senator Staples offered Senate Resolution No. 592, regarding Judge Bockman, Birch Tree, which was adopted.

REPORTS OF STANDING COMMITTEES

On behalf of Senator Westfall, Chairman of the Committee on Transportation, Senator Kenney submitted the following report:

Mr. President: Your Committee on Trans-portation, to which was referred HB 954, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Lori Smith Patterson, as a member of the Missouri Women's Council, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

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

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Lynne P. Unnerstall, as a member of the Missouri Head Injury Advisory Council, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

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

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of James W. Casey, as a member of the Missouri Head Injury Advisory Council, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Rohrbach, Senator Kenney moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Pamela J. Schneeflock, as a member of the Missouri Planning Council on Developmental Disabilities, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

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

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Margaret Ewing Buckler, as a member of the Personnel Advisory Board, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

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

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Lonnie M. Boyd, as a member of the Organ Donation Advisory Committee, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

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

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Susan K. Orton, as a member of the Missouri Head Injury Advisory Council, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

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

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Lori R. Darr, as a member of the Organ Donation Advisory Committee, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

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

HOUSE BILLS ON THIRD READING

HCS for HB 9, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

Was taken up by Senator Russell.

SCS for HCS for HB 9, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 9An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, the Board of Public Buildings, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

Was taken up.

Senator Russell moved that SCS for HCS for HB 9 be adopted.

Senators Schneider and Klarich offered the following substitute motion, which was read:

SUBSTITUTE MOTION

Such Senators move that SCS for HBs 9 through 12 be returned to the Senate Committee on Appropriations for the purpose of increasing the appropriation for state employee compensation by approximately $32 million or in such amount as would be sufficient to provide an increase in compensation of $600 per employee for FY 2002 and to further consider, if necessary, moving the Senate to reconsider SCS for HBs 2 through 8 in order to consider reducing appropriations to other agencies as may be necessary to fund such increase in compensation for state employees.

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

Senator Klarich assumed the Chair.

SCS for HCS for HB 9 was again taken up.

Senator Russell moved that SCS for HCS for HB 9 be adopted, which motion prevailed.

On motion of Senator Russell, SCS for HCS for HB 9 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
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senator Staples--1
Absent--Senator Bland--1
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

President Pro Tem Kinder assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and CCS for SCS for HCS for HB 15, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

Senator Klarich assumed the Chair.

HOUSE BILLS ON THIRD READING

HCS for HB 10, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

Was taken up by Senator Russell.

SCS for HCS for HB 10, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 10An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

Was taken up.

Senator Russell moved that SCS for HCS for HB 10 be adopted.

Senator Rohrbach offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 34, Section 10.715, Lines 1 to 27, by striking all of said section and inserting in lieu thereof the following:

"Section 10.715. To the Department of Health

For the Division of Maternal, Child and Family Health

For the purpose of funding alternatives to abortion

services, consisting of services or counseling

offered to a pregnant woman and continuing

for one year thereafter, to assist her in carrying

her unborn child to term instead of having an

abortion, and to assist her in caring for her

dependent child or placing her child for

adoption, including, but not limited to, the

following: prenatal care; medical and mental

health care; parenting skills; drug and alcohol

testing and treatment; child care; newborn or



infant care; housing; utilities; educational

services; food, clothing and supplies relating to

pregnancy, newborn care and parenting;

adoption assistance; job training and placement;

establishing and promoting responsible

paternity; ultrasound services; case manage-

ent; domestic abuse protection; transportation;

and administrative costs of service providers in

an amount generally allowed for service

providers in state contracts. Actual provision

and delivery of such services shall be

dependent on client needs and not otherwise

prioritized by the department. Such services

shall be available only during pregnancy and

continuing for one year thereafter, and shall

exclude any service of the type described in

Section 10.710. An independent audit shall be

conducted annually to ensure compliance with

this section. None of these funds shall be

expended to perform or induce, assist in the

performing or inducing of, or refer for,

abortions; and none of these funds shall be

granted to organizations or affiliates of

organizations that perform or induce, assist in

the performing or inducing of, or refer for,

abortions.

From General Revenue

Fund (0 F.T.E.) $1,000,000".

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

Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 13, Section 10.370, Line 11, by deleting the number "1,826,518" and inserting in lieu thereof the number "1,978,669"; and

Further amend said section, line 13, by deleting the number "$1,944,068" and inserting in lieu thereof the number "$2,096,219"; and

Further amend said section, line 14, by deleting the figure "(255.25 FTE)" and inserting in lieu thereof the figure "(258.75)" and deleting the number "$9,696,594" and inserting in lieu thereof the number "$9,848,745".

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

Senator House offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 15, Section 10.415, Line 4, by deleting the number "68,527,778" and inserting in lieu thereof the number "78,766,577"; and

Further amend said section, line 9, by deleting the number "20,147,071" and inserting in lieu thereof the number "22,931,683"; and

Further amend said section, line 17, by deleting the number "3,714,965" and inserting in lieu thereof the number "4,228,427"; and

Further amend said section, line 19, by deleting the number "1,282,007" and inserting in lieu thereof the number "1,459,199"; and

Further amend said section, line 22, by deleting the number "114,629,970" and inserting in lieu thereof the number "128,344,035"; and

Further amend said bill, page 16, Section 10.425, line 5, by deleting the number "1,336,412" and inserting in lieu there of the number "2,466,932"; and

Further amend said section line 6, by deleting the number "2,430,407" and inserting in lieu thereof the number "3,560,927"; and

Further amend said section line 11, by deleting the number "21,502,984" and inserting in lieu thereof the number "22,633,504".

Senator House moved that the above amendment be adopted.

Senator Gibbons assumed the Chair.

At the request of Senator Russell, HCS for HB 10, with SCS and SA 3 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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 HCR 5, 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, to which was referred HS for HCR 6, 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, to which was referred HCR 10, 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, to which was referred HCR 24, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NO. 24

WHEREAS, recent high fuel prices have alerted us to the need to improve our nation's policies on fuel production; and

WHEREAS, the Organization of Petroleum Exporting Countries (OPEC) has recently suggested that they will reduce crude oil production again in an attempt to manipulate prices; and

WHEREAS, reductions in crude oil production have resulted in sharp increases in prices for natural gas, gasoline and home heating oil; and

WHEREAS, the United States has become dangerously dependent on foreign petroleum; and

WHEREAS, with natural gas selling at record highs, the production of reformulated gasolines containing MTBE, an additive made from natural gas, has been significantly reduced, resulting in shortages of reformulated gasoline in regions of the country dependent on the use of such gasoline blends to meet the federal government's antipollution standards; and

WHEREAS, Missouri consumers are experiencing higher prices at the pump and in home heating costs, and the economic stability of many areas of the state which rely on tourism may be jeopardized if the number of persons traveling to Missouri's vacation destinations is significantly reduced due to increased gasoline prices; and

WHEREAS, the trucking industry, heavily dependent on the availability and price of gasoline and diesel fuel, has been especially hard hit by the increase in fuel cost that have resulted in a significant increase in the transportation costs associated with the delivery of consumer goods throughout the state. Such an increase in cost to the trucking industry will inevitably be passed along to consumers as an increase in the price of consumer goods; and

WHEREAS, the increased petroleum fuel costs is particularly detrimental to Missouri family farmers because it comes at a time when overall market prices are low; and

WHEREAS, fuel prices could be reduced by increasing domestic production and encouraging the development of markets for products that can be used as the source material for renewable alternative fuels:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, First Regular Session, the Senate concurring therein, hereby urge the United States Congress to actively address the issue of fuel prices and take immediate actions necessary to reduce our nation's dependency on foreign petroleum sources and boost our own economy by:

(1) Encouraging exploration for domestic petroleum sources in a manner that does not adversely impact the environment;

(2) Encouraging and creating incentives for fuel conservation measures that do not harm the economy; and

(3) Encouraging and creating incentives for research, development and use of solar and other alternative fuel sources, including ethanol and other fuels made from renewable materials that would not only reduce our dependency on foreign petroleum, but also have the potential to improve environmental protection and boost local economies; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Speaker of the United States House of Representatives, the President of the United States Senate and each member of the Missouri Congressional delegation.

HOUSE BILLS ON THIRD READING

Senator Russell moved that HCS for HB 10, with SCS and SA 3 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 3 was again taken up.

Senator House moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Rohrbach, Russell, Steelman and Westfall.

SA 3 failed of adoption by the following vote:

YEAS--Senators
Bland Cauthorn Gibbons House
Jacob Loudon Steelman--7
NAYS--Senators
Bentley Caskey Childers DePasco
Dougherty Foster Goode Gross
Johnson Kenney Kinder Klarich
Klindt Mathewson Quick Rohrbach
Russell Scott Sims Singleton
Staples Stoll Westfall Wiggins
Yeckel--25
Absent--Senator Schneider--1
Absent with leave--Senator Carter--1

Senator Schneider offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 31, Section 10.710, Lines 63-69, by striking all of said lines and inserting in lieu thereof the word "funds."; and further amend said bill and section, page 32, lines 115-121, by striking all of said lines and inserting in lieu thereof the words "these funds."; and further amend said bill and section, pages 33-34, lines 161-169, by striking all of said lines and inserting in lieu thereof the words "government entity receiving these funds.".

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

Senator Russell moved that SCS for HCS for HB 10, as amended, be adopted, which motion prevailed.

On motion of Senator Russell, SCS for HCS for HB 10, as amended, 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
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senator Bland--1
Absent--Senators--None
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

HCS for HB 11, with SCS, entitled:

An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

Was taken up by Senator Russell.

SCS for HCS for HB 11, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 11An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

Was taken up.

Senator Russell moved that SCS for HCS for HB 11 be adopted.

Senator Rohrbach offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 20, Section 11.400, Line 6, by deleting the number "3,790,339" and inserting in lieu thereof the number "3,947,347"; and further amend said section, line 7, by deleting the number "489,467" and inserting in lieu thereof the number "544,822"; and further amend said section, line 8, by deleting the number "4,279,806" and inserting in lieu thereof the number "4,492,169"; and further amend said section, line 9, by deleting the number "4,777,753" and inserting in lieu thereof the number "4,934,761"; and further amend said section, line 10, by deleting the number "6,214,508" and inserting in lieu thereof the number "6,269,863"; and further amend said section, line 11, by deleting the number "10,992,261" and inserting in lieu thereof the number "11,204,624"; and further amend said section, page 21, line 33, by deleting the number "18,587,268" and inserting in lieu thereof the number "19,011,944".

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

Senator Rohrbach offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 20, Section 11.400, Line 2, by inserting immediately after line 2, the following:

"For the purpose of funding administrative services including".

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

Senator Dougherty offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 11, Section 11.130, Line 3, by adding after the word "staff" the following:

"; provided that the division may use up to $350,000 for the purpose of contracting with community-based not-for-profit agencies which are certified by a recognized national body and which demonstrate a record of providing successful job placement, training and retention services to implement a retention program to address turnover in offices in the Metropolitan St. Louis Region.".

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

Senator Quick offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 22, Section 11.420, Line 6, by deleting the number "236,446,984" and inserting in lieu thereof the number "236,538,457"; and further amend said section, line 7, by deleting the number "445,178,996" and inserting in lieu thereof the number "445,423,082"; and further amend said section, line 10, by deleting the number "729,114,031" and inserting in lieu thereof the number "729,449,590"; and further amend said bill, Section 11.425, line 8, by deleting the number "87,089,486" and inserting in lieu thereof the number "87,186,699" and further amend said section, line 9, by deleting the number "147,235,261" and inserting in lieu thereof the number "147,494,661" and further amend said section, line 11, by deleting the number "235,572,291" and inserting in lieu thereof the number "235,928,904"; and further amend said bill, Section 11.450, line 12, by deleting the number "30,771,949" and inserting in lieu thereof the number "30,775,005"; and further amend said section, line 13, by deleting the number "50,520,306" and inserting in lieu thereof the number "50,528,459"; and further amend said section, line 15, by deleting the number "81,487,136" and inserting in lieu thereof the number "81,498,345"; and further amend said bill, Section 11.460, line 5, by deleting the number "24,519,569" and inserting in lieu thereof the number "24,658,958"; and further amend said section, line 6, by deleting the number "276,239,615" and inserting in lieu thereof the number "276,611,559"; and further amend said section, line 11, by deleting the number "450,987,337" and inserting in lieu thereof the number "451,498,670"; and further amend said bill, Section 11.510, line 5, by inserting immediately after said line the following new line:

"From General Revenue Fund $7,057";

and further amend said section, line 6, by deleting the number "185,175,927E" and inserting in lieu thereof the number "185,194,756E"; and further amend said section, line 6, by inserting immediately after said line, the following new line:

"Total (0 F.T.E.) $185,201,813".

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

Senator Russell moved that SCS for HCS for HB 11, as amended, be adopted, which motion prevailed.

On motion of Senator Russell, SCS for HCS for HB 11, as amended, 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 Yeckel--32
NAYS--Senators--None
Absent--Senator Johnson--1
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

HCS for HB 12, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement Systems, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, various joint committees, for the expenses of the interim committees established by the General Assembly, and to transfer money among certain funds, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

Was taken up by Senator Russell.

SCS for HCS for HB 12, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 12An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement Systems, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Committee on Legislative Research, various joint committees, for the expenses of the interim committees established by the General Assembly, and to transfer money among certain funds, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

Was taken up.

Senator Russell moved that SCS for HCS for HB 12 be adopted.

Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 12, In the Title, Line 12, by inserting after the word "Assembly," the following: "salary increases and related fringe benefit increases for all state employees,"; and further amend said bill, page 18, Section 12.430, line 3, by adding one new section to read as follows:

"Section 12.435. To the Board of Fund

Commissioners, Board of Public Buildings,

Department of Elementary and Secondary

Education, Department of Higher Education,

Department of Revenue, Department of

Transportation, the Office of Administration,

Department of Agriculture, Department of

Natural Resources, Department of Conser-vation, Department of Economic Development,

Department of Insurance, Department of Labor

and Industrial Relations, Department of Public

Safety, Department of Corrections, Department

of Mental Health, Department of Health,

Department of Social Services, the Chief

Executive's Office and Mansion, Lieutenant

Governor, Secretary of State, State Auditor,

State Treasurer, and Attorney General, the State

Senate, and the House of Representatives

For state employee salary increases and related fringe benefits

From Healthy Families Trust Fund $44,800,000".

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

Senator Russell moved that SCS for HCS for HB 12 be adopted, which motion prevailed.

On motion of Senator Russell, SCS for HCS for HB 12 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HOUSE BILLS ON SECOND READING

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

HB 915--Judiciary.

HS for HB 891--Financial and Governmental Organization, Veterans' Affairs and Elections.

REFERRALS

President Pro Tem Kinder referred HB 321; HB 808 and HB 951, with SCS; and HB 742, with SCS, to the Committee on State Budget Control.

RESOLUTIONS

Senator Gross offered Senate Resolution No. 593, regarding Janet Dunham, O'Fallon, which was adopted.

Senator Gross offered Senate Resolution No. 594, regarding the Fort Zumwalt School District, which was adopted.

Senator Gross offered Senate Resolution No. 595, regarding Mick's Exterminating, O'Fallon, which was adopted.

Senator Gross offered Senate Resolution No. 596, regarding Cindy Goldschmidt, O'Fallon, which was adopted.

Senator Gross offered Senate Resolution No. 597, regarding Stefanina's Restaurant, O'Fallon, which was adopted.

Senator Bland offered Senate Resolution No. 598, regarding the Honorable Maxine Waters, Congresswoman from south central Los Angeles, California, which was adopted.

Senators DePasco and Schneider offered Senate Resolution No. 599, regarding Michael F. Garozzo, Lee's Summit, which was adopted.

Senator Gross offered Senate Resolution No. 600, regarding Bernice H. Schulte, O'Fallon, which was adopted.

Senator Gross offered Senate Resolution No. 601, regarding Bradley W. Goodloe, St. Peters, which was adopted.

Senator Klindt offered the following resolution:

SENATE RESOLUTION NO. 602

WHEREAS, the national economy and financial markets have begun to experience significant slowing; and

WHEREAS, the federal government is taking an ever larger percentage of taxes from working Americans and American businesses; and

WHEREAS, President George Bush last year campaigned on the need for a substantial federal tax cut for all Americans; and

WHEREAS, the Missouri Senate strives to responsibly reflect the community spirit and job creation attitudes of main street America; and

WHEREAS, the Missouri Senate has long advocated market-based solutions as well as efficiencies in the spending of state and federal governments; and

WHEREAS, the Missouri Senate believes that reducing marginal rates on all taxpayers will bolster confidence, put disposable income in the hands of consumers and stimulate economic growth; and

WHEREAS, the Missouri Senate, with this resolution, is joining as a leader of the Tax Relief Coalition, a rapidly growing group of several hundred trade associations, chambers of commerce, businesses and citizens groups that advocate for the general components of President Bush's 2001 tax package; and

WHEREAS, the United States Congress is currently considering the first substantial, broad-based income tax reduction in almost a decade:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-First General Assembly, First Regular Session, hereby urge the Missouri delegation of the United States House of Representatives and the United States Senate to support a tax cut that is:

(1) Clean, fair and substantial - close to the 10-year $1.6 trillion package that the President is currently proposing, including reductions in marginal tax rates and the number of tax brackets for all Americans, elimination of the estate tax to ease the planning burdens and multiple taxation on millions of small businesses, doubling the child tax credit, and reducing the marriage penalty;

(2) Retroactive to the beginning of this year, to immediately restore consumer confidence and jump-start our economy;

(3) Devoid of gimmicks such as triggers and other devices designed to delay the tax cut from occurring, which would be a burden on small businesses and all taxpayers; and

(4) Not turned into an overburdened tax vehicle to create credits and loopholes for special interests in Washington, D.C.; and

BE IT FURTHER RESOLVED that the members of the Missouri Senate, urge the Missouri delegation of the United States House of Representatives and the United States Senate to act quickly on this proposal, and to work with the President in a bipartisan manner to attempt to get a substantial tax package signed into law before July 1, 2001; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for United States Senator Christopher S. Bond, United States Senator Jean Carnahan, United States Representative William (Lacy) Clay, Jr., United States Representative Todd Akin, United States Representative Richard Gephardt, United States Representative Ike Skelton, United States Representative Karen McCarthy, United States Representative Samuel Graves, United States Representative Roy D. Blunt, United States Representative Jo Ann Emerson and United States Representative Kenny Hulshof.

Senator Gibbons offered Senate Resolution No. 603, regarding Pachyderm's Founder's Week, which was adopted.



COMMUNICATIONS

Senator Cauthorn submitted the following:

April 19, 2001

Secretary of the Senate

Terry L. Spieler

State Capitol

Jefferson City, MO 65101

To the Secretary of the Senate,

I respectfully request under the provisions of Senate Rule 45, that HB 285 be removed from the consent calendar and returned to committee.

Respectfully Submitted,

/s/ John Cauthorn

Senator John Cauthorn

INTRODUCTIONS OF GUESTS

Senator Gibbons introduced to the Senate, forty seventh grade students from St. Gerard Majella School, Kirkwood.

Senator Yeckel introduced to the Senate, Walt and Gail Morrow and Paula and Ron Novak, St. Louis County.

Senator Schneider introduced to the Senate, students from Wedgewood Elementary School, St. Louis County; and Eric Tirone, Ellen Colvin, Hannah Hall and Crystal Cuevas were made honorary pages.

Senator Westfall introduced to the Senate, Tom Howard, Kelly Nolting and fifteen FFA members from Nevada.

Senator Caskey introduced to the Senate, Katie Dyer and forty seventh and eighth grade students from Cass Midway School, Cleveland.

Senator Stoll introduced to the Senate, twenty-five students from St. Joseph's School, Imperial; and Hannah Kennedy was made an honorary page.

Senator Goode introduced to the Senate, Don Holt, Carol Scott, Jane Kerlagon, Robert Ruble and students representing the Workforce Investment Act Youth Program of St. Louis County; and Jarrett North, Aaron Lowe, Stacy Edwards and Byron Cole were made honorary pages.

Senator Sims introduced to the Senate, Linda Morgan, Alexia Cech, Ashley Huntington, Kayla Morgan, Shamari Jackson, Heather Brown, Janay Landon, Bianca Davis, Valerie Huntington, Brittany Wilson, Rosallyn Martinez and Tierra Perkins, members of Girl Scout Troop 1010 from Holman Elementary School, St. Louis; and Alexia, Kayla, Heather, Bianca, Valerie and Rosallyn were made honorary pages.

Senator Quick introduced to the Senate, Ms. Arianne Fortune and members of the Oak Park High School Debate and Forensics Team, Kansas City; and Kevin Garner, Wade Thomas, Matt Appling, Ashley King and Brian Gould were made honorary pages.

Senator Cauthorn introduced to the Senate, Kathy Apprill and forty students from Queen of the Holy Rosary School, Overland Park, Kansas.

Senator Schneider introduced to the Senate, students from Danforth Elementary School, North St. Louis County; and Makina Palmer, Antonio Wells, India Davis and Jeremy Edwards were made honorary pages.

Senator Schneider introduced to the Senate, Emily Dunn, Ashley and Emily Marston, Olivia Thornton, Susan Schneider and students from McCurdy Elementary School, Florissant.

On motion of Senator Kenney, the Senate adjourned until 2:00 p.m., Monday, April 23, 2001.

SENATE CALENDAR

______



FIFTY-NINTH DAY-MONDAY, APRIL 23, 2001

______



FORMAL CALENDAR



HOUSE BILLS ON SECOND READING



HS for HB 882-Crump



THIRD READING OF SENATE BILLS



SCS for SBs 69 & 458-Gross

(In Budget Control)

SCS for SBs 247 & 330-

Westfall and Staples

(In Budget Control)

SS for SCS for SBs 551, 410,

539, 528 & 296-Sims

(In Budget Control)



SCS for SBs 52 & 91-Childers

(In Budget Control)

SS for SCS for SJRs 1

& 4-Schneider

(In Budget Control)

SENATE BILLS FOR PERFECTION



1. SB 369-Steelman and

Stoll, with SCS

2. SB 505-Loudon, with SCS

3. SB 578-Goode and

Russell, with SCS

4. SBs 448 & 588-Sims,

et al, with SCS

5. SB 535-Rohrbach, with SCS

6. SB 66-Gibbons, with SCS#2

7. SB 525-Cauthorn, with SCS

8. SB 242-Kenney

9. SB 225-Mathewson,

with SCS

10. SB 180-Klarich

11. SB 583-Yeckel

12. SB 488-Klindt, et al,

with SCS

13. SB 387-Goode, et al,

with SCS

14. SB 455-Kinder, et al,

with SCS



15. SBs 334 & 228-Kinder,

with SCS

16. SB 469-Gross, et al

17. SB 546-Kenney, et al,

with SCS

18. SB 337-House and

Kinder

19. SB 593-Klindt, with SCS

20. SB 509-Cauthorn and Klindt

21. SBs 42 & 108-Kenney,

with SCS

22. SB 565-Staples

23. SB 596-Loudon

24. SB 597-Singleton

25. SB 268-Schneider,

with SCS

26. SBs 249 & 523-Wiggins,

with SCS

27. SBs 508 & 468-Cauthorn

and Klindt, with SCS

HOUSE BILLS ON THIRD READING



HCS for HB 274, with

SCA 1 (Klindt)

HCS for HB 207, with

SCA 1 (Childers)

(In Budget Control)



HB 954-Hosmer

(Westfall)

INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 27-Johnson and

Westfall, with SCS, SS

for SCS & SA 1

(pending)

SB 65-Gibbons, with SCS

SBs 67 & 40-Gross, with SCS

SB 68-Gross and House

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, SS for SCS, SA 1,

SSA 1 for SA 1 & SA 3

to SSA 1 for SA 1

(pending)

SBs 238 & 250-Staples, et

al, with SCS (pending)

SB 239-Stoll, with SCS &

SA 11 (pending)

SB 251-Kinder

SBs 253 & 260-Gross, with

SCS (pending)



SB 331-DePasco, et al,

with SCS & SS for 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, SS for SS &

SA 1 (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)

SBs 476, 427 & 62-Yeckel,

et al, with SCS, SS for

SCS & SA 4 (pending)

SBs 510, 512 & 133-Kenney,

with SCS (pending)

SJR 11-Yeckel



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



House Bills



Reported 4/10



HB 664-Skaggs (Yeckel)

HB 491-George, with SCS

(Goode)

HB 236-Smith, with SCS

(Caskey)

HB 266-Treadway (Gross)

HB 745-Farnen (Mathewson)

HB 180-Thompson, et al (Sims)



HB 129-Van Zandt and

Campbell (Klarich)

HB 48-Relford (Mathewson)

HB 801-Liese and Wagner,

with SCS (Yeckel)

HB 218-Farnen, et al

(Kenney)

(In Budget Control)

Reported 4/11



HB 454-Monaco (Dougherty)

HB 537-Ostmann, et al

(Klarich)

HB 603-Hilgemann, et al,

with SCS (Sims)

HB 212-Ward, with SCS

(Rohrbach)

HB 644-Burton, with SCS

(Jacob)

HB 459-Liese, et al, with

SCS (Rohrbach)

HB 732-Hosmer (Staples)

HB 693-Smith and Carnahan,

with SCS (Klarich)

HB 955-Green (73), with

SCA 1 (Goode)

HB 933-Reid (Gibbons)

HB 816-Kennedy and

Gambaro (Gibbons)

HB 825-Kennedy (Klarich)

HB 321-Skaggs, et al

(Wiggins)

(In Budget Control)

HB 590-Graham (Gibbons)

HBs 808 & 951-Gratz and

Vogel, with SCS

(Rohrbach)

(In Budget Control)

HB 742-Harding, et al,

with SCS (Johnson)

(In Budget Control)

HB 922-Gaskill and

Bartelsmeyer (Childers)

HB 909-Davis (Mathewson)

HB 779-Barnett (Klindt)

HB 600-Hosmer and Marsh

(Bentley)

HB 596-Kennedy and

Gambaro (Scott)

HB 502-Ward (Staples)

HB 410-Holt, et al (House)

HB 409-Surface (Singleton)

HB 408-Kelley (47)

(Kenney)



HB 84-Richardson

(Childers)

HB 788-O'Connor (Gross)

Reported 4/12



HB 78-Kennedy and

Richardson (Klarich)

HB 607-Treadway, et al,

with SCS (Sims)

HB 796-Hosmer, with SCS

(Singleton)

HB 111-Ladd Baker (Gross)

HCS for HB 106 (Bland)

HB 431-Barry (Singleton)

HB 52-Ward and Crump,

with SCAs 1 & 2 (Staples)

HB 945-Hosmer, with SCS

(Bentley)

HB 420-Williams, et al

(Westfall)

HB 458-Lawson, et al

(Klindt)

HB 470-Shields and

Hegeman (Johnson)

HBs 648, 477 & 805-

Ostmann, et al, with

SCS (Westfall)

HB 691-Barnett, et al,

with SCS (Klindt)



HB 897-Kreider, et al

(Klindt)

HB 45-Farnen (Bentley)

HB 309-McKenna, et al

(Stoll)

HB 865-Davis (Caskey)

HB 725-Britt (Foster)

HB 881-Scott, et al, with

SCS (Rohrbach)

HB 606-Kennedy, et al,

with SCS (Yeckel)

HB 202-Rizzo, with SCS

(Kenney)

HB 242-Smith, with SCS

(House)

HB 361-Shoemyer, with SCS

(Goode)

HB 498-Wagner and McKenna,

with SCS (Stoll)

HB 679-Boykins (Sims)

HB 473-Robirds, with SCS

(Foster)

HB 904-Merideth, et al,

with SCS (Foster)





RESOLUTIONS



SR 345-Quick, et al

SR 346-Kinder, with SA 3

& SSA 1 for SA 3

(pending)



To be Referred



SR 602-Klindt



Reported from Committee



SCR 8-Caskey, with SA 2

(pending)

SCR 17-Steelman, et al

HCR 16-Green and Holt

(House)

SR 495-Klarich, with SCS



HCR 5-Mays

HS for HCR 6-Myers

(Kenney)

HCR 10-Holand

HCR 24-Boucher, with SCS

(Yeckel)

Requests to Recede or Grant Conference



SS for SCR 2-Singleton,

with HCS

(Senate requests House

recede or grant conference)