Journal of the Senate

SECOND REGULAR SESSION


ELEVENTH DAY--MONDAY, JANUARY 28, 2002


The Senate met pursuant to adjournment.

Senator Klarich in the Chair.

Reverend Carl Gauck offered the following prayer:

"If any of you is lacking in wisdom, ask God, who gives to all generously and ungrudgingly, and it will be given to you." (James 1:5)

Gracious God, speak through us every day so we let Your words speak volumes to those who depend on us to meet the various needs within this state. Give to us wisdom to follow You faithfully and to use this wisdom to help those we meet each day. 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, January 24, 2002, 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 Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senators--None
Vacancies--1


RESOLUTIONS

Senator Kinder offered Senate Resolution No. 972, regarding Linda Melkersman, New Madrid County, which was adopted.

Senator Kinder offered Senate Resolution No. 973, regarding David D. Thorne, Sikeston, which was adopted.

Senator Westfall offered Senate Resolution No. 974, regarding the death of Donald Seneker, Mt. Vernon, which was adopted.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:



SB 1032-By Childers.

An Act to amend chapter 447, RSMo, by adding thereto one new section relating to unclaimed property.

SB 1033-By Kennedy.

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to public school beautification programs.

SB 1034-By Kennedy.

An Act to repeal section 171.021, RSMo, relating to daily recitation of the Pledge of Allegiance to the flag of the United States of America, and to enact in lieu thereof two new sections relating to the same subject.

SB 1035-By Yeckel.

An Act to repeal sections 105.473, 105.475, 105.477, 105.961, 130.011, 130.016, 130.021, 130.031, 130.041, 130.046, 130.049, 130.050, 130.056 and 130.081, RSMo, and to enact in lieu thereof fourteen new sections relating to ethics, with penalty provisions.

SB 1036-By Yeckel.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to property taxation.

SB 1037-By Singleton and Sims.

An Act to amend chapter 304, RSMo, by adding thereto one new section relating to automated traffic control enforcement systems, with penalty provisions.

SB 1038-By DePasco.

An Act to amend chapter 407, RSMo, by adding thereto six new sections relating to the establishment of the electronic government services act.

SB 1039-By DePasco.

An Act to repeal section 99.134, RSMo, relating to municipal housing authority commissioners, and to enact in lieu thereof one new section relating to the same subject.

SB 1040-By Gibbons, Gross, Loudon and Yeckel.

An Act to repeal sections 100.010, 100.040, 100.050, 100.105 and 100.180, RSMo, relating to industrial development, and to enact in lieu thereof six new sections relating to the same subject.

SB 1041-By Russell.

An Act to authorize the conveyance of property owned by the department of natural resources to private ownership.

SB 1042-By Bland.

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to energy cost assistance, with an emergency clause.

SB 1043-By Bland.

An Act to amend chapter 253, RSMo, by adding thereto one new section relating to state historic sites, with an emergency clause.

SB 1044-By Bland.

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to mandatory coverage for hospital stays following surgery.

SB 1045-By Bland.

An Act to amend chapter 620, RSMo, by adding thereto one new section relating to economic development in certain economically depressed areas.

SB 1046-By Gross and House.

An Act to repeal sections 92.045, 305.510 and 305.515, RSMo, relating to the Missouri-St. Louis metropolitan airport authority, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

SB 1047-By Kenney.

An Act to repeal sections 197.305, 197.317 and 197.318, RSMo, relating to certificate of need, and to enact in lieu thereof three new sections relating to the same subject.

SB 1048-By Kenney.

An Act to repeal section 304.027, RSMo, and to enact in lieu thereof one new section relating to the spinal cord injury fund.

SB 1049-By Stoll and Johnson.

An Act to amend chapter 104, RSMo, by adding thereto one new section relating to department of transportation employees' annual leave.

SB 1050-By Foster.

An Act to repeal section 162.431, RSMo, relating to school district boundary changes, and to enact in lieu thereof one new section relating to the same subject.

SB 1051-By Foster.

An Act to repeal section 165.011, RSMo, and to enact in lieu thereof one new section relating to transfers from the incidental fund.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 24, 2002

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Kevin N. Callaway, 5601 Valley View Drive, St. Joseph, Buchanan County, Missouri 64503, as a student representative of the Board of Regents for Missouri Western State College, for a term ending May 1, 2003, and until his successor is duly appointed and qualified; vice, Taylor C. Crouse, term expired.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 24, 2002

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Vicki M. Eller, 609 East 10th Street, Rolla, Phelps County, Missouri 65401, as a student representative of the Board of Curators for University of Missouri, for a term ending May 1, 2003, and until her successor is duly appointed and qualified; vice, Steven T. Sugg, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 24, 2002

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Laura E. Hockensmith, 428 Redwood Forest Drive, Manchester, St. Louis County, Missouri 63021, as a student representative of the Board of Regents for Southeast Missouri State University, for a term ending May 1, 2003, and until her successor is duly appointed and qualified; vice, Douglas McDermott, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 24, 2002

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Micah McKay, 2301 North Six Mile Church Road, Independence, Jackson County, Missouri 64058, as a student representative of the Board of Governors for Truman State University, for a term ending May 1, 2003, and until his successor is duly appointed and qualified; vice, Rudy J. Arredondo, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

SECOND READING OF SENATE BILLS

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

SB 979--Education.

SB 980--Public Health and Welfare.

SB 981--Insurance and Housing.

SB 982--Ways and Means.

SB 983--Pensions and General Laws.

SB 984--Commerce and Environment.

SB 985--Commerce and Environment.

SB 986--Pensions and General Laws.

SB 987--Local Government and Economic Development.

SB 988--Local Government and Economic Development.

SB 989--Local Government and Economic Development.

SB 990--Agriculture, Conservation, Parks and Tourism.

SB 991--Pensions and General Laws.

SB 992--Local Government and Economic Development.

SB 993--Local Government and Economic Development.

SB 994--Pensions and General Laws.

SB 995--Insurance and Housing.

SB 996--Local Government and Economic Development.

SB 997--Local Government and Economic Development.

SB 998--Commerce and Environment.

SB 999--Ways and Means.

SB 1000--Public Health and Welfare.

SB 1001--Pensions and General Laws.

SB 1002--Civil and Criminal Jurisprudence.

SB 1003--Insurance and Housing.

SB 1004--Insurance and Housing.

SB 1005--Labor and Industrial Relations.

SB 1006--Civil and Criminal Jurisprudence.

SB 1007--Financial and Governmental Or-ganization, Veterans' Affairs and Elections.

SB 1008--Commerce and Environment.

SB 1009--Insurance and Housing.

SECOND READING OF

CONCURRENT RESOLUTIONS

The following Concurrent Resolution was read the 2nd time and referred to the Committee indicated:

SCR 39--Rules, Joint Rules, Resolutions and Ethics.

REFERRALS

President Pro Tem Kinder referred SCR 40 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

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 SCR 38, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Senator Westfall, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 758, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 720, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Westfall, Chairman of the Committee on Transportation, submitted the following reports:

Mr. President: Your Committee on Trans-portation, to which was referred SB 644, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 701, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 737, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 745, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Childers, Chairman of the Committee on Local Government and Economic Develop-ment, submitted the following reports:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 669, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 636, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 726, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 896, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

INTRODUCTIONS OF GUESTS

On behalf of Senator Gross and himself, Senator House introduced to the Senate, Jerry Reese and Dennis Black, St. Charles.



Senator Kenney introduced to the Senate, Jean Ehlmann, St. Charles.



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



SENATE CALENDAR

______



TWELFTH DAY-TUESDAY, JANUARY 29, 2002

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 938-Cauthorn, et al

SB 1010-Sims

SB 1011-Caskey

SB 1012-Caskey

SB 1013-Steelman and Stoll

SB 1014-Klindt and Kinder

SB 1015-Foster and Mathewson

SB 1016-Foster, et al

SB 1017-Cauthorn

SB 1018-Westfall

SB 1019-Stoll

SB 1020-Stoll, et al

SB 1021-Wiggins

SB 1022-Rohrbach and Goode

SB 1023-Bentley

SB 1024-Bentley

SB 1025-Jacob and Wiggins

SB 1026-Kenney, et al

SB 1027-Kinder, et al

SB 1028-Russell

SB 1029-Sims

SB 1030-Kennedy



SB 1031-Schneider

SB 1032-Childers

SB 1033-Kennedy

SB 1034-Kennedy

SB 1035-Yeckel

SB 1036-Yeckel

SB 1037-Singleton & Sims

SB 1038-DePasco

SB 1039-DePasco

SB 1040-Gibbons, et al

SB 1041-Russell

SB 1042-Bland

SB 1043-Bland

SB 1044-Bland

SB 1045-Bland

SB 1046-Gross & House

SB 1047-Kenney

SB 1048-Kenney

SB 1049-Stoll and Johnson

SB 1050-Foster

SB 1051-Foster

SENATE BILLS FOR PERFECTION



SB 651-Singleton and

Russell, with SCS

SBs 662 & 704-

Westfall, with SCS

SB 660-Westfall, et al,

with SCS



SB 650-Singleton, et al

SBs 958 & 657-Kinder,

with SCS

SB 668-Bentley

SB 659-House and Kenney



CONSENT CALENDAR



Senate Bills



Reported 1/28



SB 758-Bentley

SB 720-Westfall

SB 644-Mathewson and Yeckel

SB 701-Wiggins

SB 737-Cauthorn and

Russell, with SCS



SB 745-Russell, with SCS

SB 669-Bentley, with SCS

SB 636-Wiggins

SB 726-Childers

SB 896-Yeckel



RESOLUTIONS



Reported from Committee



SCR 38-Klarich