Journal of the Senate

SECOND REGULAR SESSION


TWENTY-FIFTH DAY--WEDNESDAY, FEBRUARY 20, 2002


The Senate met pursuant to adjournment.

Senator Klarich in the Chair.

Reverend Carl Gauck offered the following prayer:

"If you keep silent at such a time as this...you will perish." (Esther 4:14)

Almighty God, we are called to share our resources and our care for Your creation. Loosen our tongues to speak out against those things that will cause evil in all its forms. And give us a glimpse of Your vision of justice so that we may do our part in bringing that vision into a reality for our people by the laws we create and the actions we take. 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 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 Coleman 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--34
Absent with leave--Senators--None

RESOLUTIONS

Senator Bentley offered Senate Resolution No. 1084, regarding Nathaniel David Mrad, Springfield, which was adopted.

THIRD READING OF SENATE BILLS



SB 708, introduced by Senator Mathewson, entitled:

An Act to repeal section 644.021, RSMo, relating to the clean water commission, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Mathewson, SB 708 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Cauthorn Childers DePasco
Dougherty Foster Gibbons Goode
Gross House Johnson Kennedy
Kenney Kinder Klarich Klindt
Loudon Mathewson Quick Rohrbach
Russell Schneider Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Bentley Bland Coleman Jacob--4
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 974, introduced by Senators Childers and Westfall, entitled:

An Act to repeal section 304.200, RSMo, relating to length limitations on certain vehicles, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Childers, SB 974 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman DePasco Dougherty
Foster Gibbons Goode Gross
House Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Rohrbach Russell Schneider
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Jacob Quick--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SCS for SB 712, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 712

An Act to repeal sections 44.010, 44.100, 190.500, 192.320, 473.697, 490.620 and 610.021, and to enact in lieu thereof twelve new sections relating to state emergency health powers, with an emergency clause, penalty provisions and an expiration date for a certain section.

Was taken up by Senator Singleton.

Senator Rohrbach assumed the Chair.

On motion of Senator Singleton, SCS for SB 712 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Coleman DePasco Dougherty Foster
Jacob Johnson Kennedy Kenney
Mathewson Quick Russell Sims
Singleton Staples Stoll Wiggins--20
NAYS--Senators
Cauthorn Gibbons Goode Gross
House Kinder Klarich Klindt
Loudon Rohrbach Schneider Steelman
Westfall Yeckel--14
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause failed to receive the necessary two-thirds majority by the following vote:
YEAS--Senators
Bentley Bland Caskey Childers
Coleman DePasco Dougherty Jacob
Johnson Kennedy Kenney Mathewson
Quick Russell Sims Singleton
Staples Stoll Wiggins--19
NAYS--Senators
Cauthorn Foster Gibbons Goode
Gross House Kinder Klarich
Klindt Loudon Rohrbach Schneider
Steelman Westfall Yeckel--15
Absent--Senators--None
Absent with leave--Senators--None

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

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

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

SS for SCS for SB 931, introduced by Senator Klarich, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 931

An Act to repeal sections 59.042, 347.143, 351.055, 351.120, 351.140, 351.145, 351.150, 351.155, 351.182, 351.385, 351.400, 351.455, 355.856, 356.211, 400.9-102, 400.9-109, 400.9-303, 400.9-311, 400.9-313, 400.9-317, 400.9-323, 400.9-406, 400.9-407, 400.9-408, 400.9-409, 400.9-504, 400.9-509, 400.9-513, 400.9-525, 400.9-602, 400.9-608, 400.9-611, 400.9-613, 400.9-615, 400.9-625, 400.9-628, 400.9-710, 417.210 and 575.060, RSMo, relating to business and commerce, and to enact in lieu thereof forty-three new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator Klarich, SS for SCS for SB 931 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman DePasco Dougherty
Foster Gibbons Goode Gross
House Jacob Johnson Kennedy
Kenney Kinder Klarich Klindt
Loudon Mathewson Quick Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators Rohrbach--1
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

Senator Klarich 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.

INTRODUCTION OF BILLS

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

SJR 37--By Klindt.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 30 (b) of article IV of the Constitution of Missouri relating to powers and duties of the state highways and transportation commission, and adopting two new sections in lieu thereof relating to the same subject.

SB 1184--By Steelman.

An Act to repeal sections 190.092 and 190.142, RSMo, relating to emergency services, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

SB 1185--By Kenney.

An Act to repeal section 313.230, RSMo, relating to the frequency of drawings in lottery games, and to enact in lieu thereof one new section relating to the same subject.

SB 1186--By Kenney.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to required set-asides of private land by political subdivisions.

SB 1187--By Kennedy.

An Act to repeal section 621.045, RSMo, and to enact in lieu thereof twenty-two new sections relating to private investigators, with penalty provisions.

REPORTS OF STANDING COMMITTEES

Senator Klarich, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President: Your Committee on Judiciary, to which was referred HS for HCS for HBs 1037, 1188, 1074 and 1271, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Kenney, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which were referred SCS for SB 722; and SB 856, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

Senator Rohrbach assumed the Chair.

MESSAGES FROM THE HOUSE

The following message was 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 HCS for HB 1451, entitled:

An Act to repeal section 8.010, RSMo, and to enact in lieu thereof one new section relating to the addition of members of the general assembly to the Missouri board of public buildings.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REFERRALS

President Pro Tem Kinder referred SB 856 to the Committee on State Budget Control.

President Pro Tem Kinder referred SCR 48 and SCR 49 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

INTRODUCTIONS OF GUESTS

Senator Dougherty introduced to the Senate, Amber Smidt, Trans Jones, Courtney Richard and Christi Sobee, St. Louis.

Senator Wiggins introduced to the Senate, Sudy Hurst and Amy Baumgartner, Kansas City.

Senator Foster introduced to the Senate, Ruth and Martha Martin, Fairdealing.

Senator Westfall introduced to the Senate, Chris Speer, Webb City.

Senator Childers introduced to the Senate, J.E. Hill, Howell County.

Senator Singleton introduced to the Senate, Megan Allen, Carterville; Eric Ceinnian, Chris Speer and Drew Whitworth, Joplin; Misti Stone, Oronogo; and Dr. Ron Lankford and Kelli Cragin, Webb City.

Senator Kinder introduced to the Senate, Dr. Desma Reno and representatives of the Southeast Missouri Area Health Education Council, Cape Girardeau.

Senator Sims introduced to the Senate, Misty Stone, Webb City.

Senator Bentley introduced to the Senate, Kathy Steinberg, Mary Craven, Elaine M. Cook, Marlene McCord, Catherine Collison, Linda McAllister, Yvette Hughes, Jennifer Hover, Melanie Blunt, Laura Meek, Becky Heron and Sue Noakes of the Springfield Junior League.

Senator Foster introduced to the Senate, Eric Boswell, Harviell.

Senator Johnson introduced to the Senate, Dustin Bauer, Easton; and Dana Staley, Rea.

Senator Steelman introduced to the Senate, Jessica Lehenbauer, Auxvasse.

Senator Caskey introduced to the Senate, Jason Hayes, Pleasant Hill.

Senator Rohrbach introduced to the Senate, Benjamin Marshall, Jamestown.

Senator Staples introduced to the Senate, Renea Honeycutt, Myrtle.

Senator House introduced to the Senate, Jason Davis, Warrenton.

Senator Westfall introduced to the Senate, Erica Coble, Walnut Grove; and Jamie Lile, Strafford.

Senator Klindt introduced to the Senate, Molly Quinn, Chillicothe.

Senator Singleton introduced to the Senate,

Crystal Mathews, Carthage.

Senator Kinder introduced to the Senate, Matthew Fox, Marble Hill.

Senator Mathewson introduced to the Senate, Andrea Olendorff, Salisbury.

Senator Sims introduced to the Senate, Pat Bradley, Lori Coyne, Midge Crider, Judith Griffin, Merri Ellin Huff, Alice Kinsella, Pryia M. Logan, Sherry Moschner and Bethany Nuessen of the Junior League of St. Louis.

Senator Dougherty introduced to the Senate, Tom Mayer, John Rice, Pat Rice, John Johnson, Kevin Ahlbrand, Michael McAteer, Mark Busken and Eric Larson, St. Louis.

Senator Bentley introduced to the Senate, Megan Allen, Webb City.

Senator Westfall introduced to the Senate, students from Humansville School, Humansville.

Senator Dougherty introduced to the Senate, former State Senator, Sheriff Jim Murphy, Ray Harris and Greg Thomas, St. Louis.

Senator Bentley introduced to the Senate, Adam Warren, Meadville; Stephanie Schlue, St. Louis; Susan Donovan, Columbia; and Sarah Weitzel, St. Peters.

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

SENATE CALENDAR

______



TWENTY-SIXTH DAY-THURSDAY, FEBRUARY 21, 2002

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 1162-Wiggins, et al

SB 1163-Steelman

SB 1164-Coleman, et al

SB 1165-Mathewson, et al

SB 1166-DePasco

SB 1167-Gibbons, et al

SB 1168-Russell

SB 1169-Childers

SB 1170-Childers

SB 1171-House

SB 1172-Yeckel

SB 1173-Yeckel

SB 1174-Steelman

SB 1175-Kennedy

SB 1176-Loudon

SB 1177-Coleman

SB 1178-Kinder and Childers



SB 1179-Caskey and Dougherty

SB 1180-Jacob

SB 1181-Coleman

SB 1182-Singleton

SB 1183-Bentley

SB 1184-Steelman

SB 1185-Kenney

SB 1186-Kenney

SB 1187-Kennedy

SJR 36-Jacob

SJR 37-Klindt

HOUSE BILLS ON SECOND READING



HB 1338-Relford, et al

HS for HB 1399-Ransdall

HCS for HB 1154

HB 1519-Boucher

HB 1192-Harding and Boucher



HB 1151-Smith

HCS for HBs 1134, 1100 &

1559

HCS for HB 1451

THIRD READING OF SENATE BILLS



SCS for SB 722-Bentley



SB 856-Russell

(In Budget Control)

SENATE BILLS FOR PERFECTION



1. SB 675-Yeckel, et al,

with SCS

2. SB 881-Steelman and

Yeckel, with SCS

3. SBs 641 & 705-Russell,

et al, with SCS

4. SBs 721, 757, 818 &

930-Westfall, with SCS

5. SB 665-Kenney

6. SB 836-Gross and

Dougherty, with SCS

7. SB 840-Gross and

Russell, with SCS

8. SB 740-Wiggins

9. SB 687-Gibbons and

Yeckel

10. SB 959-Kenney and

Kinder, with SCS

11. SBs 817, 978 & 700-

Gross, with SCS

12. SBs 837, 866, 972 &

990-Cauthorn, with SCS

13. SBs 688, 663, 691, 716,

759, 824 & 955-Gibbons,

et al, with SCS

14. SBs 894, 975 & 927-

Kinder, with SCS



15. SBs 670 & 684-Sims,

with SCS

16. SB 1005-Loudon

HOUSE BILLS ON THIRD READING



HS for HCS for HBs 1037,

1188, 1074 & 1271-Hosmer,

with SCS



INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 651-Singleton and

Russell, with SCS (pending)

SB 659-House and Kenney,

with SS#2, SA 3 and

SSA 1 for SA 3 (pending)

SB 660-Westfall, et al,

with SCS (pending)

SBs 662 & 704-Westfall,

with SCS & SA 4 (pending)

SB 668-Bentley, with SS &

SA 1 (pending)



SB 895-Yeckel and Gross

SBs 958 & 657-Kinder,

with SCS

SBs 970, 968, 921, 867,

868 & 738-Westfall,

et al, with SCS

SB 1009-Rohrbach, with

SCS & SS for SCS (pending)

SJR 23-Singleton, with SS,

SA 1 & SSA 1 for SA 1

(pending)



CONSENT CALENDAR



Senate Bills



Reported 2/5



SB 995-Rohrbach



Reported 2/12



SB 885-Bentley, with SCS

SB 992-Johnson

SB 993-Rohrbach

SB 997-Quick, with SCS

SB 756-Westfall, with SCS

SB 718-House and Steelman

SB 1048-Kenney

SB 918-Klarich, with SCS

SB 831-Loudon and Kennedy



SB 812-Russell

SB 729-Yeckel, with SCS

SB 690-Gross

SB 1001-Mathewson

Reported 2/18



SB 775-House and Loudon

SB 744-Caskey

SB 989-Caskey

SB 1017-Cauthorn

SB 1041-Russell



SB 1014-Klindt and Kinder

SB 961-Wiggins, et al

SB 924-Sims, with SCS

SB 642-Russell, with SCS

Reported 2/19



SB 1011-Caskey

SB 810-Dougherty, with SCS

SB 786-Goode



SB 1015-Foster and

Mathewson, with SCS

RESOLUTIONS



SR 1026-Jacob, with SA 1

(pending)



SR 1028-Schneider



Reported from Committee



SCR 38-Klarich



SCR 35-Stoll