Journal of the Senate

SECOND REGULAR SESSION


FORTY-SECOND DAY--WEDNESDAY, MARCH 20, 2002


The Senate met pursuant to adjournment.

Senator Klarich in the Chair.

Reverend Carl Gauck offered the following prayer:

"As I am changed by what I discover in prayer, of the love of God, so my ability to live and proclaim the nature of the Kingdom is changed." (Charles Elliott)

Almighty God, as we work through complex bills and think through their implications we recognize our need of prayer and in so doing are opened to Your love and we pray that will continue to affect our decisions and guide our actions. 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 Steelman offered Senate Resolution No. 1278, regarding Neil Evans, Holts Summit, which was adopted.

CONCURRENT RESOLUTIONS

Senator Steelman offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 57

WHEREAS, sustained investment in electric, natural gas, water sewer and heating utility infrastructure is vital to the economic vitality and well-being of the State of Missouri; and

WHEREAS, Missouri electric, natural gas, water sewer and heating utility companies compete with utility companies in other states for the capital necessary to sustain investment in utility infrastructure in Missouri; and

WHEREAS, Missouri electric, natural gas, water sewer and heating utility companies must achieve reasonable rates of return as compared to the rates of return achieved by utility companies in other states to ensure sustained investment in utility infrastructure in Missouri; and

WHEREAS, the utility regulatory process in Missouri, as it applies to electric, natural gas, water sewer and heating corporations, is governed primarily by Chapter 393, RSMo, which is largely unchanged since original enactment in 1913; and

WHEREAS, the potential for the deregulation of utilities in Missouri has received substantial legislative study in recent years, while the ongoing utility regulatory process and procedure has not enjoyed broad legislative evaluation; and

WHEREAS, the utility regulatory process must be periodically evaluated so as to promote the interests of fairness and balance among all constituencies, including consumers and shareholders of regulated utility companies, by addressing policy and practice advances in areas including, but not limited to, non-traditional regulatory rate plans, performance-based regulatory rate plans, incentive regulatory rate plans, capital recovery schedules, consistency of utility regulatory policy with generally accepted accounting principles, consistency of utility regulatory policy with financial accounting standards, consistency of utility regulatory policy with generally accepted engineering principles, communication between and among participants in the regulatory process, time schedules for the initiation and conclusion of proceedings before utility regulatory agencies, the role, function and needs of the Public Service Commission, the role, function and needs of the Office of Public Counsel and the overall structure and cost of governmental utility regulatory agencies and the utility regulatory process:

NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby establish the Joint Legislative Committee on Utility Regulation and Infrastructure Investment; and

BE IT FURTHER RESOLVED that said Committee be composed of five members of the Senate, to be appointed by the President Pro Tem and five members of the House of Representatives to be appointed by the Speaker of the House; and

BE IT FURTHER RESOLVED that said Committee conduct in-depth studies and make appropriate recommendations concerning: how the utility regulatory process and the results thereof in Missouri in regard to electric, natural gas, water sewer and heating utility companies compare to the utility regulatory process and the results thereof in other states; and how the utility regulatory process in Missouri in regard to electric, natural gas, water sewer and heating utility companies can, or should, be modernized to be more efficient and effective, ensure sustained investment in utility infrastructure and promote the interests of fairness and balance among all constituencies, including consumers and shareholders of regulated utility companies; and

BE IT FURTHER RESOLVED that said Committee present a final report, together with its recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of the First Regular Session of the Ninety-second General Assembly; and

BE IT FURTHER RESOLVED that said Committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission, the Department of Economic Development, the Office of Public Counsel, political subdivisions of this state, energy utilities, water utilities, heating corporations and representatives of energy and water customer groups; and

BE IT FURTHER RESOLVED that House Research, the Committee on Legislative Research and Senate Research shall provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

BE IT FURTHER RESOLVED that the actual and necessary expenses of the Committee, its members and any staff personnel assigned to the Committee incurred in attending meetings of the Committee or any subcommittee thereof shall be paid from the Joint Contingent Fund.

REPORTS OF STANDING COMMITTEES

Senator Singleton, Chairman of the Committee on State Budget Control, submitted the following reports:

Mr. President: Your Committee on State Budget Control, to which were referred SCS for SBs 721, 757, 818 and 930; and SS for SS for SCS for SBs 970, 968, 921, 867, 868 and 738, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

Senator Stoll moved that SB 1007, with SCS, be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for SB 1007 was again taken up.

Senator Stoll moved that SCS for SB 1007 be adopted, which motion prevailed.

On motion of Senator Stoll, SCS for SB 1007 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Goode Gross Jacob Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Schneider Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Bland Coleman--2
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SB 1186, introduced by Senator Kenney, entitled:

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

Was called from the Consent Calendar and taken up.

On motion of Senator Kenney, SB 1186 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Goode Gross Jacob Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Schneider Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Bland Coleman--2
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SB 874, with SCS, introduced by Senator Bentley, entitled:

An Act to repeal section 162.700, RSMo, relating to special education, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 874, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 874

An Act to repeal section 162.700, RSMo, relating to special education, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Bentley moved that SCS for SB 874 be adopted, which motion prevailed.

On motion of Senator Bentley, SCS for SB 874 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross Jacob
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Rohrbach
Russell Schneider Sims Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Coleman Johnson Quick Singleton--4
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SS for SS for SCS for SBs 970, 968, 921, 867, 868 and 738, introduced by Senator Westfall, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR



SENATE BILLS NOS. 970, 968, 921, 867, 868 and 738

An Act to repeal sections 136.055, 142.803, 144.805, 155.080, 226.540, 226.550, 226.573, 226.580, 226.585, 227.100, 302.720, 304.001, 304.190 and 305.230, RSMo, relating to transportation, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

Was taken up.

On motion of Senator Westfall, SS for SS for SCS for SBs 970, 968, 921, 867, 868 and 738 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross Jacob
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Russell Schneider Sims
Singleton Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senator Rohrbach--1
Absent--Senators
Coleman Staples--2
Absent with leave--Senator House--1

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

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

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

SCS for SBs 721, 757, 818 and 930, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 721, 757, 818 and 930

An Act to repeal sections 300.075, 300.080, 300.100, 300.105, 300.110, 300.125, 300.160, 300.215, 300.300, 300.348, 300.350, 300.585, 300.595, 302.130, 302.321, 304.001, 304.022, 304.027, 304.190, 304.220, 304.351, 575.010 and 575.150, RSMo, relating to the regulation of traffic offenses, and to enact in lieu thereof twenty-seven new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Westfall.

On motion of Senator Westfall, SCS for SBs 721, 757, 818 and 930 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senator Singleton--1
Absent--Senator Staples--1
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SS for SB 665, introduced by Senator Kenney, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 665

An Act to amend chapter 182, RSMo, by adding thereto five new sections relating to public libraries, with penalty provisions.

Was taken up.

President Pro Tem Kinder assumed the Chair.

On motion of Senator Kenney, SS for SB 665 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senator House--1

The President Pro Tem declared the bill passed.

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

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

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

INTRODUCTION OF GUESTS

Senator Jacob introduced to the Senate, the Missouri Teacher of the Year, Jill Bergee, Columbia, who assumed the dais and addressed the Senate.

THIRD READING OF SENATE BILLS

SS for SB 687, introduced by Senator Gibbons, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 687

An Act to repeal sections 210.906, 211.183, 568.030, 568.045 and 568.050, RSMo, relating to abandonment of a child, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Klarich assumed the Chair.

On motion of Senator Gibbons, SS for SB 687 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Schneider
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Russell Staples--2
Absent with leave--Senator House--1

The President declared the bill passed.

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

Senator Gibbons 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 836, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 836

An Act to repeal sections 32.087 and 144.190, RSMo, and to enact in lieu thereof three new sections relating to the sales tax and refund procedures related to mobile telecommunications services, with an effective date.

Was taken up by Senator Gross.

Senator Gross offered SPA 1, which was read:

SENATE PERFECTING AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 836, Page 1, In the Title, Line 4, by inserting immediately after the word "date" the following: "and an emergency clause"; and

Further amend said bill, Page 8, Section B, Line 2, by inserting after all of said line the following:

"Section C. Because of the need to continue telecommunications services this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.".

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

On motion of Senator Gross, SCS for SB 836, as amended by SPA 1, 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Schneider
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Russell Staples--2
Absent with leave--Senator House--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Coleman DePasco Dougherty Foster
Gibbons Goode Gross Jacob
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Bland Staples--2
Absent with leave--Senator House--1

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

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

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

SS for SCS for SB 959, introduced by Senator Kenney, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 959

An Act to repeal section 620.1355, RSMo, and to enact in lieu thereof one new section relating to investment funds service corporations, with an emergency clause.

Was taken up.

On motion of Senator Kenney, SS for SCS for SB 959 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senator House--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman DePasco Dougherty
Foster Gibbons Goode Gross
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senator House--1

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

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

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

SCS for SBs 741, 929 and 871, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 741, 929 and 871

An Act to repeal sections 194.210, 194.220, 194.230, 194.233, 194.240, 194.297, 194.299, 194.300, 194.302, 301.020, 302.171 and 302.181, RSMo, relating to organ donation and procure-ment, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions and with a delayed effective date for a certain section.

Was taken up by Senator Wiggins.

On motion of Senator Wiggins, SCS for SBs 741, 929 and 871 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senator House--1

The President declared the bill passed.

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

Senator Wiggins 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 SBs 1061 and 1062, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1061 and 1062

An Act to repeal sections 354.085, 354.405 and 354.603, RSMo, and to enact in lieu thereof four new sections relating to health insurance administrative simplification.

Was taken up by Senator Rohrbach.

On motion of Senator Rohrbach, SCS for SBs 1061 and 1062 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SS for SCS for SBs 843 and 658, introduced by Senator Stoll, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 843 and 658

An Act to repeal sections 441.060, 700.100, 700.350, 700.355, 700.360, 700.365, 700.370, 700.385, 700.455, 700.525, 700.527, 700.529, 700.530, 700.531, 700.533, 700.535, 700.537 and 700.539, RSMo, relating to manufactured housing, and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator Stoll, SS for SCS for SBs 843 and 658 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

Senator Russell, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1115, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

THIRD READING OF SENATE BILLS

SB 947, with SCS, introduced by Senators Klindt and Stoll, entitled:

An Act to repeal sections 360.106, 360.111, 360.112, 360.113, 360.114, 360.116, and 360.118, RSMo, and to enact in lieu thereof seven new sections relating to the Missouri health and educational facilities act.

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

SCS for SB 947, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 947

An Act to repeal sections 360.106, 360.111, and 360.112, RSMo, and to enact in lieu thereof three new sections relating to the Missouri health and educational facilities act.

Was taken up.

Senator Klindt moved that SCS for SB 947 be adopted, which motion prevailed.

On motion of Senator Klindt, SCS for SB 947 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross Jacob
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Coleman Staples--2
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SB 1199, introduced by Senator Foster, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the Sergeant Randy Sullivan Memorial Highway.

Was called from the Consent Calendar and taken up.

On motion of Senator Foster, SB 1199 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
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Sims Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Jacob Singleton Staples--3
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SB 1070, with SCS, introduced by Senator Gibbons, entitled:

An Act to repeal sections 43.540 and 589.410, RSMo, relating to protection of children, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCS for SB 1070, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1070

An Act to repeal sections 43.540 and 589.410, RSMo, relating to protection of children, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Gibbons moved that SCS for SB 1070 be adopted, which motion prevailed.

On motion of Senator Gibbons, SCS for SB 1070 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross Jacob
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Sims Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Coleman Singleton Staples--3
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SB 1039, introduced by Senator DePasco, entitled:

An Act to repeal section 99.134, RSMo, relating to municipal housing authority com-missioners, 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 DePasco, SB 1039 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Singleton Staples--2
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SB 1163, with SCS, introduced by Senator Steelman, entitled:

An Act to repeal section 643.220, RSMo, relating to the air emissions banking and trading program, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 1163, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1163

An Act to repeal section 643.220, RSMo, relating to the air emissions banking and trading program, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Steelman moved that SCS for SB 1163 be adopted, which motion prevailed.

On motion of Senator Steelman, SCS for SB 1163 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
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Singleton Staples--2
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SB 1243, introduced by Senator Johnson, entitled:

An Act to repeal sections 419.010, 419.020, 419.030 and 419.040, RSMo, relating to lodging establishments, and to enact in lieu thereof four new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Johnson, SB 1243 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman DePasco Dougherty
Foster Gibbons Gross Jacob
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Sims Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senator Goode--1
Absent--Senators
Singleton Staples--2
Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

SECOND READING OF SENATE BILLS

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

SB 1248--Rules, Joint Rules, Resolutions and Ethics.

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 1159, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

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 1214, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special motorcycle license plates for veterans.

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 1624, entitled:

An Act to amend chapter 301, RSMo, by adding thereto three new sections relating to special license plates.

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 1204, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

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 1093, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

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 1714, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to a St. Louis College of Pharmacy special license plate.

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 1205, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to a civil air patrol license plate.

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 1411, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to a Hearing Impaired Kids Endowment Fund, Inc., license plate.

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 1094, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

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 1397, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

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 1391, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to license plates.

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 1272, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

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 1918, entitled:

An Act to repeal section 304.235, RSMo, and to enact in lieu thereof one new section relating to avoidance of weigh stations.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 2002

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

The following addendum should be made to the appointment of Brenda D. Newberry for the Missouri Minority Business Advocacy Commission, submitted to you on March 18, 2002. Line 4 should be amended to read:

qualified; vice, Michelle Lathan, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS for SCS for SBs 817, 978 and 700, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

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

RECESS

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

THIRD READING OF SENATE BILLS

SB 1124, introduced by Senator Dougherty, entitled:

An Act to authorize the governor to convey certain property in the city of St. Louis.

Was called from the Consent Calendar and taken up.

On motion of Senator Dougherty, SB 1124 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley 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 Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Coleman Jacob Stoll--4
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1137, with SCS, introduced by Senator Bentley, entitled:

An Act to repeal sections 193.015, 193.045, 193.065, 193.085, 193.087, 193.115, 193.125, 193.145, 193.225, 193.245, 193.265, 473.697 and 490.620, RSMo, relating to electronic creation and access to birth and death records, and to enact in lieu thereof thirteen new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 1137, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1137

An Act to repeal sections 193.045, 193.065, 193.085, 193.087, 193.115, 193.125, 193.145, 193.225, 193.245, 193.265, 473.697 and 490.620, RSMo, relating to electronic creation and access to birth and death records, and to enact in lieu thereof twelve new sections relating to the same subject.

Was taken up.

Senator Bentley moved that SCS for SB 1137 be adopted, which motion prevailed.

On motion of Senator Bentley, SCS for SB 1137 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode House Jacob
Johnson Kennedy Kenney Kinder
Klarich Klindt Mathewson Rohrbach
Schneider Sims Steelman Stoll
Westfall Wiggins Yeckel--27
NAYS--Senators
Gross Loudon--2
Absent--Senators
Coleman Quick Russell Singleton
Staples--5
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1227, with SCS, introduced by Senator Rohrbach, entitled:

An Act to repeal section 375.330, RSMo, and to enact in lieu thereof one new section relating to investments by insurance companies.

Was called from the Consent Calendar and taken up.

SCS for SB 1227, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1227

An Act to repeal section 375.330, RSMo, and to enact in lieu thereof one new section relating to investments by insurance companies.

Was taken up.

Senator Rohrbach moved that SCS for SB 1227 be adopted, which motion prevailed.

On motion of Senator Rohrbach, SCS for SB 1227 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
Kinder Klarich Klindt Loudon
Mathewson Rohrbach Russell Sims
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Kenney Quick Schneider Singleton
Staples--5
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1244, introduced by Senator Bland, et al, entitled:

An Act to repeal section 191.925, RSMo, relating to the newborn hearing screening program, 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 Bland.

On motion of Senator Bland, SB 1244 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 Rohrbach Russell
Schneider Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Quick Staples--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1259, with SCS, introduced by Senator Loudon, entitled:

An Act to amend chapter 192, RSMo, by adding thereto one new section relating to a food recovery program.

Was called from the Consent Calendar and taken up.

SCS for SB 1259, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1259

An Act to amend chapter 192, RSMo, by adding thereto one new section relating to a food recovery program.

Was taken up.

Senator Loudon moved that SCS for SB 1259 be adopted, which motion prevailed.

On motion of Senator Loudon, SCS for SB 1259 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 Rohrbach
Russell Schneider Sims Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Singleton Staples--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1258, with SCS, introduced by Senator Loudon, entitled:

An Act to repeal section 28.160, RSMo, relating to fees charged by the state, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 1258, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1258

An Act to repeal section 28.160, RSMo, relating to fees charged by the state, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Loudon moved that SCS for SB 1258 be adopted, which motion prevailed.

Senator Klarich assumed the Chair.

On motion of Senator Loudon, SCS for SB 1258 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 Rohrbach
Russell Schneider Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 732, with SCS, introduced by Senator Bland, entitled:

An Act to amend chapter 208, RSMo, by adding thereto one new section relating to welfare reform.

Was called from the Consent Calendar and taken up.

SCS for SB 732, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 732

An Act to amend chapter 208, RSMo, by adding thereto one new section relating to welfare reform, with an expiration date.

Was taken up.

Senator Bland moved that SCS for SB 732 be adopted, which motion prevailed.

On motion of Senator Bland, SCS for SB 732 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 Rohrbach
Schneider Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Russell Staples--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1217, introduced by Senator Coleman, entitled:

An Act to repeal section 137.495, RSMo, and to enact in lieu thereof one new section relating to tangible personal property listings.

Was called from the Consent Calendar and taken up.

On motion of Senator Coleman, SB 1217 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 Rohrbach
Russell Schneider Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1212, with SCS, introduced by Senator Mathewson, entitled:

An Act to repeal section 41.948, RSMo, relating to students of higher education called to active military service, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 1212, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1212

An Act to repeal section 41.948, RSMo, relating to students of higher education called to active military service, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Mathewson moved that SCS for SB 1212 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for SB 1212 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 Rohrbach
Russell Schneider Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Staples--1
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 680, with SCS, introduced by Senator Bland, entitled:

An Act to amend chapter 192, RSMo, by adding thereto one new section relating to obesity.

Was called from the Consent Calendar and taken up.

SCS for SB 680, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 680

An Act to amend chapter 192, RSMo, by adding thereto one new section relating to obesity.

Was taken up.

Senator Bland moved that SCS for SB 680 be adopted, which motion prevailed.

On motion of Senator Bland, SCS for SB 680 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--Senator Rohrbach--1
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1207, with SCS, introduced by Senator Bentley, entitled:

An Act to amend chapter 334, RSMo, by adding thereto one new section relating to licensing requirements.

Was called from the Consent Calendar and taken up.

SCS for SB 1207, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1207

An Act to amend chapter 334, RSMo, by adding thereto one new section relating to continuing medical education on autism.

Was taken up.

Senator Bentley moved that SCS for SB 1207 be adopted, which motion prevailed.

On motion of Senator Bentley, SCS for SB 1207 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 Rohrbach
Russell Schneider Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1220, introduced by Senator Sims, entitled:

An Act to repeal sections 313.057, 313.230 and 313.810, RSMo, relating to licensing requirements, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Sims, SB 1220 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 Rohrbach
Russell Schneider Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1247, introduced by Senator Quick, entitled:

An Act to amend chapter 87, RSMo, by adding thereto one new section relating to the division of certain pension benefits.

Was called from the Consent Calendar and taken up.

On motion of Senator Quick, SB 1247 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 Rohrbach
Russell Schneider Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 957, with SCS, introduced by Senator Loudon, et al, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

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

SCS for SB 957, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 957

An Act to repeal section 301.131, RSMo, relating to license plates, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Loudon moved that SCS for SB 957 be adopted, which motion prevailed.

On motion of Senator Loudon, SCS for SB 957 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 Johnson Kennedy Kenney
Klarich Klindt Loudon Mathewson
Rohrbach Russell Schneider Sims
Singleton Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Coleman Kinder Quick Staples--4
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1202, with SCS, introduced by Senator Westfall, entitled:

An Act to transfer sections 142.617, 142.830, 260.278, 260.385, 301.041, 301.265, 301.266, 301.267, 301.271, 301.275, 301.277, 304.200, 324.703, 324.706, 324.709, 324.712, 324.715, 324.718, 324.721, 324.724, 324.727, 324.730, 324.733, 324.736, 324.739, 324.742, 324.745, 387.010, 387.030, 387.040, 387.050, 387.060, 387.070, 387.080, 387.100, 387.110, 387.120, 387.130, 387.150, 387.180, 387.190, 387.200, 387.205, 387.207, 387.210, 387.300, 387.310, 387.320, 390.011, 390.020, 390.030, 390.041, 390.045, 390.051, 390.061, 390.062, 390.063, 390.066, 390.071, 390.081, 390.101, 390.111, 390.116, 390.121, 390.126, 390.128, 390.136, 390.138, 390.141, 390.150, 390.151, 390.156, 390.171, 390.201, 390.260, 390.270, 390.280, 390.290, 390.300, 390.310, 390.320, 390.330, 622.015, 622.027, 622.030, 622.035, 622.090, 622.095, 622.100, 622.110, 622.115, 622.120, 622.130, 622.140, 622.150, 622.160, 622.170, 622.190, 622.200, 622.210, 622.220, 622.230, 622.240, 622.250, 622.260, 622.290, 622.300, 622.310, 622.320, 622.330, 622.340, 622.350, 622.360, 622.370, 622.380, 622.390, 622.400, 622.410, 622.420, 622.450, 622.460, 622.470, 622.480, 622.490, 622.500, 622.520, 622.530, 622.540, 622.615 and 622.617, RSMo, and to repeal sections 32.028, 144.030, 260.203, 260.270, 260.370, 260.375, 260.380, 260.390, 260.395, 260.420, 260.425, 260.430, 301.030, 301.057, 301.058, 301.059, 301.067, 301.090, 301.121, 301.130, 301.273, 301.279, 301.442, 302.756, 303.026, 303.350, 304.030, 304.170, 304.180, 304.230, 304.235, 304.240, 307.350, 311.390, 311.400, 311.420, 311.440, 311.450, 324.700, 386.020, 387.020, 387.240, 387.270, 387.280, 387.290, 387.340, 389.005, 389.300, 389.310, 389.610, 389.612, 389.614, 389.615, 389.780, 389.795, 389.810, 389.890, 389.895, 389.900, 389.920, 389.945, 389.991, 389.992, 389.993, 389.997, 389.998, 389.1005, 389.1010, 390.106, 390.146, 390.161, 390.176, 390.250, 390.340, 390.350, 391.070, 447.080, 621.015, 622.020, 622.040, 622.045, 622.050, 622.055, 622.057, 622.430, 622.440, 622.510, 622.550, 622.600, 622.602, 622.604, 622.606, 622.608, 622.610, 622.612, 622.618 and 622.620, RSMo, section 622.010 as enacted in house committee substitute for senate bill no. 780, eighty-eighth general assembly, second regular session and section 622.010 as enacted in house committee substitute for house bill no. 991, eighty-eighth general assembly, second regular session, and to enact in lieu thereof two hundred thirty-seven new sections relating to compliance with the directives of executive order number 02-03, signed by the governor February 7, 2002, with penalty provisions and an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 1202, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1202

An Act to repeal sections 389.005, 389.610 and 621.015, RSMo, and to enact in lieu thereof six new sections relating to the directives of executive order number 02-03, signed by the governor February 7, 2002, with an emergency clause.

Was taken up.

Senator Rohrbach assumed the Chair.

Senator Westfall moved that SCS for SB 1202 be adopted, which motion prevailed.

On motion of Senator Westfall, SCS for SB 1202 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bland Cauthorn Childers DePasco
Dougherty Foster Gibbons Goode
Gross House Jacob Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Schneider Sims
Steelman Westfall Wiggins Yeckel--28
NAYS--Senators
Caskey Singleton--2
Absent--Senators
Bentley Coleman Staples Stoll--4
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bland Cauthorn Childers DePasco
Dougherty Foster Gibbons Goode
Gross House Jacob Johnson
Kennedy Kenney Kinder Klindt
Loudon Mathewson Quick Rohrbach
Russell Schneider Sims Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators
Caskey Singleton--2
Absent--Senators
Bentley Coleman Klarich Staples--4
Absent with leave--Senators--None

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

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

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

SB 1093, with SCS, introduced by Senator Loudon, entitled:

An Act to repeal section 301.131, RSMo, relating to historic motor vehicles, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCS for SB 1093, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1093

An Act to repeal section 301.131, RSMo, relating to historic motor vehicles, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was taken up.

Senator Loudon moved that SCS for SB 1093 be adopted, which motion prevailed.

On motion of Senator Loudon, SCS for SB 1093 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 Kennedy Kenney Klindt
Loudon Mathewson Quick Rohrbach
Russell Schneider Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Bland Coleman Kinder Klarich
Staples--5
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1213, introduced by Senator Mathewson, entitled:

An Act to repeal sections 388.610 and 388.640, RSMo, relating to railroad corporations, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Mathewson, SB 1213 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 Kennedy Kenney Kinder
Klindt Loudon Mathewson Quick
Rohrbach Russell Schneider Sims
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Bland Coleman Klarich Singleton
Staples--5
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.

SENATE BILLS FOR PERFECTION

Senator Cauthorn moved that SB 837, SB 866, SB 972 and SB 990, with SCS, SS for SCS, SA 2, SSA 1 for SA 2 and SA 1 to SSA 1 for SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 to SSA 1 for SA 2 was again taken up.

At the request of Senator Cauthorn, the above amendment was withdrawn.

SSA 1 for SA 2 was again taken up.

At the request of Senator Singleton, the above substitute amendment was withdrawn.

SA 2 was again taken up.

At the request of Senator Cauthorn, the above amendment was withdrawn.

Senator Goode offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 837, 866, 972 and 990, Page 12, Section 414.032, Line 1, by inserting an opening bracket before "414.032"; and further amend said page, line 23, by inserting a closing bracket after the word "reprimand." and deleting all bold-faced language therein; and further amend the title and enacting clause accordingly.

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

Senator Klindt offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 837, 866, 972 and 990, Pages 4-7, Section 348.430, by striking all of said section; and

Further amend said bill, Pages 7-11, Section 348.432, by striking all of said section and inserting in lieu thereof the following:

"348.430. 1. The tax credit created in this section shall be known as the "Agricultural Product Utilization Contributor Tax Credit".

2. As used in this section, the following terms mean:

(1) "Authority", the agriculture and small business development authority as provided in this chapter;

(2) ["Contributor", an individual, partnership, corporation, trust, limited liability company, entity or person that contributes cash funds to the authority;

(3)] "Development facility", a facility producing either a good derived from an agricultural commodity or using a process to produce a good derived from an agricultural product;

[(4)] (3) "Eligible new generation cooperative", a nonprofit cooperative association formed pursuant to chapter 274, RSMo, or incorporated pursuant to chapter 357, RSMo, for the purpose of operating a development facility or a renewable fuel production facility;

(4) "Eligible new generation processing entity", a partnership, corporation, cooperative, or limited liability company organized or incorporated pursuant to the laws of this state consisting of not less than twelve members, approved by the authority, for the purpose of owning or operating within this state a development facility or a renewable fuel production facility in which producer members:

(a) Hold a majority of the governance or voting rights of the entity and any governing committee;

(b) Control the hiring and firing of management; and

(c) Deliver agricultural commodities or products to the entity for processing, unless processing is required by multiple entities;

(5) "Nonproducer member", a person, partnership, corporation, trust or limited liability company that invests cash funds to an eligible new generation cooperative or eligible new generation processing entity;

(6) "Producer member", a person, partnership, corporation, trust or limited liability company whose main purpose is agricultural production that invests cash funds to an eligible new generation cooperative or eligible new generation processing entity;

[(5)] (7) "Renewable fuel production facility", a facility producing an energy source which is derived from a renewable, domestically grown, organic compound capable of powering machinery, including an engine or power plant, and any by-product derived from such energy source.

3. For tax year 1999, a [contributor] producer member who contributes funds to the authority may receive a credit against the tax or estimated quarterly tax otherwise due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, chapter 148, RSMo, chapter 147, RSMo, in an amount of up to one hundred percent of such contribution. The awarding of such credit shall be at the approval of the authority, based on the least amount of credits necessary to provide incentive for the contributions. A [contributor] producer member that receives tax credits for a contribution to the authority shall receive no other consideration or compensation for such contribution, other than a federal tax deduction, if applicable, and goodwill. A [contributor] producer member that receives tax credits for a contribution provided in this section may not be a member, owner, investor or lender of an eligible new generation cooperative or eligible new generation processing entity that receives financial assistance from the authority either at the time the contribution is made or for a period of two years thereafter.

4. A [contributor] producer member shall submit to the authority an application for the tax credit authorized by this section on a form provided by the authority. If the [contributor] producer member meets all criteria prescribed by this section and the authority, the authority shall issue a tax credit certificate in the appropriate amount. Tax credits issued pursuant to this section shall initially be claimed [for] in the taxable year in which the [contributor] producer member contributes funds to the authority. Any amount of credit that exceeds the tax due for a [contributor's] producer member's taxable year may be carried forward to any of the [contributor's] producer member's five subsequent taxable years. Tax credits issued pursuant to this section may be assigned, transferred or sold. Whenever a certificate of tax credit is assigned, transferred, sold or otherwise conveyed, a notarized endorsement shall be filed with the authority specifying the name and address of the new owner of the tax credit or the value of the credit.

5. The funds derived from contributions in this section shall be used for financial assistance or technical assistance for the purposes provided in section 348.407, to rural agricultural business concepts as approved by the authority. The authority may provide or facilitate loans, equity investments, or guaranteed loans for rural agricultural business concepts, but limited to two million dollars per project or the net state economic impact, whichever is less. Loans, equity investments or guaranteed loans may only be provided to feasible projects, and for an amount that is the least amount necessary to cause the project to occur, as determined by the authority. The authority may structure the loans, equity investments or guaranteed loans in a way that facilitates the project, but also provides for a compensatory return on investment or loan payment to the authority, based on the risk of the project.

6. In any given year, at least ten percent of the funds granted to rural agricultural business concepts shall be awarded to grant requests of twenty-five thousand dollars or less. No single rural agricultural business concept shall receive more than two hundred thousand dollars in grant awards from the authority. Agricultural businesses owned by minority members or women shall be given consideration in the allocation of funds.

348.432. 1. The tax credit created in this section shall be known as the "New Generation Cooperative Incentive Tax Credit".

2. As used in this section, the following terms mean:

(1) "Authority", the agriculture and small business development authority as provided in this chapter;

(2) "Development facility", a facility producing either a good derived from an agricultural commodity or using a process to produce a good derived from an agricultural product;

(3) "Eligible new generation cooperative", a nonprofit cooperative association formed pursuant to chapter 274, RSMo, or incorporated pursuant to chapter 357, RSMo, for the purpose of operating a development facility or a renewable fuel production facility and approved by the authority;

(4) "Eligible new generation processing entity", a partnership, corporation, cooperative, or limited liability company organized or incorporated pursuant to the laws of this state consisting of not less than twelve members, approved by the authority, for the purpose of owning or operating within this state a development facility or a renewable fuel production facility in which producer members:

(a) Hold a majority of the governance or voting rights of the entity and any governing committee;

(b) Control the hiring and firing of management; and

(c) Deliver agricultural commodities or products to the entity for processing, unless processing is required by multiple entities;

[(4)] (5) "Employee-qualified capital project", an eligible new generation cooperative with capital costs greater than fifteen million dollars which will employ at least one hundred employees;

[(5)] (6) "Large capital project", an eligible new generation cooperative with capital costs greater than one million dollars;

[(6) "Member", a person, partnership, corporation, trust or limited liability company that invests cash funds to an eligible new generation cooperative;]

(7) "Nonproducer member", a person, partnership, corporation, trust or limited liability company that invests cash funds to an eligible new generation cooperative or eligible new generation processing entity;

(8) "Producer member", a person, partnership, corporation, trust or limited liability company whose main purpose is agricultural production that invests cash funds to an eligible new generation cooperative or eligible new generation processing entity;

[(7)] (9) "Renewable fuel production facility", a facility producing an energy source which is derived from a renewable, domestically grown, organic compound capable of powering machinery, including an engine or power plant, and any by-product derived from such energy source;

[(8)] (10) "Small capital project", an eligible new generation cooperative with capital costs of no more than one million dollars.

3. Beginning tax year 1999, and [subsequent tax years] ending December 31, 2002, any producer member who invests cash funds in an eligible new generation cooperative or eligible new generation processing entity may receive a credit against the tax or estimated quarterly tax otherwise due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, or chapter 148, RSMo, chapter 147, RSMo, in an amount equal to the lesser of fifty percent of such producer member's investment or fifteen thousand dollars.

4. For all tax years beginning on or after January 1, 2003, any producer member who invests cash funds in an eligible new generation cooperative may receive a credit against the tax or estimated quarterly tax otherwise due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, chapter 147, RSMo, or chapter 148, RSMo, in an amount equal to the lesser of fifty percent of such producer member's investment or fifteen thousand dollars. Tax credits claimed in a taxable year may be done so on a quarterly basis and applied to the estimated quarterly tax pursuant to subsection 3 of this section.

[4.] 5. A producer member shall submit to the authority an application for the tax credit authorized by this section on a form provided by the authority. If the producer member meets all criteria prescribed by this section and is approved by the authority, the authority shall issue a tax credit certificate in the appropriate amount. Tax credits issued pursuant to this section shall initially be claimed [for] in the taxable year in which the producer member contributes capital to an eligible new generation cooperative or eligible new generation processing entity. Any amount of credit that exceeds the tax due for a producer member's taxable year may be carried back to any of the producer member's three prior taxable years and carried forward to any of the producer member's five subsequent taxable years. Tax credits issued pursuant to this section may be assigned, transferred, sold or otherwise conveyed and the new owner of the tax credit shall have the same rights in the credit as the producer member. Whenever a certificate of tax credit is assigned, transferred, sold or otherwise conveyed, a notarized endorsement shall be filed with the authority specifying the name and address of the new owner of the tax credit or the value of the credit.

[5.] 6. Ten percent of the tax credits authorized pursuant to this section initially shall be offered in any fiscal year to small capital projects. If any portion of the ten percent of tax credits offered to small capital costs projects is unused in any calendar year, then the unused portion of tax credits may be offered to employee-qualified capital projects and large capital projects. If the authority receives more applications for tax credits for small capital projects than tax credits are authorized therefor, then the authority, by rule, shall determine the method of distribution of tax credits authorized for small capital projects.

[6.] 7. Ninety percent of the tax credits authorized pursuant to this section initially shall be offered in any fiscal year to employee-qualified capital projects and large capital projects. If any portion of the ninety percent of tax credits offered to employee-qualified capital projects and large capital costs projects is unused in any fiscal year, then the unused portion of tax credits may be offered to small capital projects. The maximum tax credit allowed per employee-qualified capital project is three million dollars and the maximum tax credit allowed per large capital project is one million five hundred thousand dollars. If the authority approves the maximum tax credit allowed for any employee-qualified capital project or any large capital project, then the authority, by rule, shall determine the method of distribution of such maximum tax credit. In addition, if the authority receives more tax credit applications for employee-qualified capital projects and large capital projects than the amount of tax credits authorized therefor, then the authority, by rule, shall determine the method of distribution of tax credits authorized for employee-qualified capital projects and large capital projects."; and

Further amend the title and enacting clause accordingly.

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

Senator Cauthorn offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 837, 866, 972 and 990, Page 1, Section A, Line 4 of said page, by inserting after all of said line the following:

"142.028. 1. As used in this section, the following terms mean:

(1) "Fuel ethanol", one hundred ninety-eight proof ethanol denatured in conformity with the United States Bureau of Alcohol, Tobacco and Firearms' regulations and fermented and distilled in a facility whose principal (over fifty percent) feed stock is cereal grain or cereal grain by-products;

(2) "Fuel ethanol blends", a mixture of ninety percent gasoline and ten percent fuel ethanol in which the gasoline portion of the blend or the finished blend meets the American Society for Testing and Materials - specification number D-439;

(3) "Missouri qualified fuel ethanol producer", any producer of fuel ethanol whose principal place of business and facility for the fermentation and distillation of fuel ethanol is located within the state of Missouri and which has made formal application, posted a bond, and conformed to the requirements of this section.

2. The "Missouri Qualified Fuel Ethanol Producer Incentive Fund" is hereby created and subject to appropriations shall be used to provide economic subsidies to Missouri qualified fuel ethanol producers pursuant to this section. The director of the department of agriculture shall administer the fund pursuant to this section.

3. A Missouri qualified fuel ethanol producer shall be eligible for a monthly grant from the fund, except that a Missouri qualified fuel ethanol producer shall only be eligible for the grant for a total of sixty months unless such producer during those sixty months failed, due to a lack of appropriations, to receive the full amount from the fund for which they were eligible, in which case such producers shall continue to be eligible for up to twenty-four additional months or until they have received the maximum amount of funding for which they were eligible during the original sixty month time period. The amount of the grant is determined by calculating the estimated gallons of qualified fuel ethanol production to be produced from Missouri agricultural products for the succeeding calendar month, as certified by the department of agriculture, and applying such figure to the per-gallon incentive credit established in this subsection. Each Missouri qualified fuel ethanol producer shall be eligible for a total grant in any [calendar] fiscal year equal to twenty cents per gallon for the first twelve and one-half million gallons of qualified fuel ethanol produced from Missouri agricultural products in the [calendar] fiscal year plus five cents per gallon for the next twelve and one-half million gallons of qualified fuel ethanol produced from Missouri agricultural products in the [calendar] fiscal year. All such qualified fuel ethanol produced by a Missouri qualified fuel ethanol producer in excess of twenty-five million gallons shall not be applied to the computation of a grant pursuant to this subsection. The department of agriculture shall pay all grants for a particular month by the fifteenth day after receipt and approval of the application described in subsection 4 of this section. If actual production of qualified fuel ethanol during a particular month either exceeds or is less than that estimated by a Missouri qualified fuel ethanol producer, the department of agriculture shall adjust the subsequent monthly grant by paying additional amount or subtracting the amount in deficiency by using the calculation described in this subsection.

4. In order for a Missouri qualified fuel ethanol producer to obtain a grant from the fund for a particular month, an application for such funds shall be received no later than fifteen days prior to the first day of the month for which the grant is sought. The application shall include:

(1) The location of the Missouri qualified fuel ethanol producer;

(2) The average number of citizens of Missouri employed by the Missouri qualified fuel ethanol producer in the preceding quarter, if applicable;

(3) The number of bushels of Missouri agricultural commodities used by the Missouri qualified fuel ethanol producer in the production of fuel ethanol in the preceding quarter;

(4) The number of gallons of qualified fuel ethanol the producer expects to manufacture during the month for which the grant is applied;

(5) A copy of the qualified fuel ethanol producer license required pursuant to subsection 5 of this section, name and address of surety company, and amount of bond to be posted pursuant to subsection 5 of this section; and

(6) Any other information deemed necessary by the department of agriculture to adequately ensure that such grants shall be made only to Missouri qualified fuel ethanol producers.

5. The director of the department of agriculture, in consultation with the department of revenue, shall promulgate rules and regulations necessary for the administration of the provisions of this section. The director shall also establish procedures for bonding Missouri qualified fuel ethanol producers. Each Missouri qualified fuel ethanol producer who attempts to obtain moneys pursuant to this section shall be bonded in an amount not to exceed the estimated maximum monthly grant to be issued to such Missouri qualified fuel ethanol producer.

6. [No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void."; and

Further amend the title and enacting clause accordingly.

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

Senator Cauthorn moved that SS for SCS for SBs 837, 866, 972 and 990, as amended, be adopted, which motion prevailed.

On motion of Senator Cauthorn, SS for SCS for SBs 837, 866, 972 and 990, as amended, was declared perfected and ordered printed.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1592, entitled:

An Act to amend chapter 143, RSMo, by adding thereto one new section relating to the memorial for workers.

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 HS for HCS for HB 1532, entitled:

An Act to repeal section 537.053, RSMo, and to enact in lieu thereof one new section relating to consumption of intoxicating beverage as proximate cause of injury in tort actions.

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 HCS for HB 1898, entitled:

An Act to amend chapter 338, RSMo, by adding thereto eleven new sections relating to a tax on licensed retail pharmacies in this state, with an emergency clause.

Emergency clause adopted.

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 HCS for HB 1403, entitled:

An Act to amend chapter 436, RSMo, by adding thereto thirteen new sections relating to retainage in private building contracts.

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 HCS for HB 1202, entitled:

An Act to repeal section 144.190, RSMo, and to enact in lieu thereof one new section relating to refunds of incorrectly collected sales tax to original purchasers.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

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

March 20, 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:

Courtney G. Beykirch, Republican, 1043 Country Club Drive, West Plains, Howell County, Missouri 65775, as a member of the Board of Directors for the American National Fish and Wildlife Museum District, for a term ending April 28, 2003, and until her successor is duly appointed and qualified; vice, RSMo. 184.800.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

Melba R. Hale, 14285 Trailtop Drive, Chesterfield, St. Louis County, Missouri 63017, as a member of the Advisory Commission for Professional Physical Therapists, for a term ending October 1, 2004, and until her successor is duly appointed and qualified; vice, John R. Lowry, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

James D. Jackson, 316 South Institute Street, Richmond, Ray County, Missouri 64085, as a Member of the Missouri Family Trust Board of Trustees, for a term ending October 25, 2003, and until his successor is duly appointed and qualified; vice, Thomas Downey, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

John J. McNerney, Democrat, 3637 North Main, Kansas City, Clay County, Missouri 64116, as a member of the Elevator Safety Board, for a term ending June 6, 2005, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

Tobias J. T. Meeker, 4285 North Farm Road 159, Springfield, Greene County, Missouri 65803, as a member of the Missouri Genetic Advisory Committee, for a term ending April 9, 2005, and until his successor is duly appointed and qualified; vice, Michael Begleiter, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

Larry D. Neff, Democrat, 11333 Norway Road, Neosho, Newton County, Missouri 64850, as a member of the Missouri Development Finance Board, for a term ending September 14, 2002, and until his successor is duly appointed and qualified; vice, William Turner, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 19, 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:

Paula Nickelson, 1917 Lake Drive, Fulton, Callaway County, Missouri 65251, as a member of the Missouri Head Injury Advisory Council, for a term ending April 12, 2005, and until her successor is duly appointed and qualified; vice, Patricia Schlechte, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

Jeanne R. Rhoades, 12778 Mason Manor, St. Louis, St. Louis County, Missouri 63141, as a member of the Advisory Commission for Clinical Perfusionists, for a term ending February 13, 2007, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

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

RESOLUTIONS

Senator DePasco offered Senate Resolution No. 1279, regarding the death of Willie Ellen Odel Smith Martin Green, which was adopted.

Senator Coleman offered Senate Resolution No. 1280, regarding Reverend Dr. Robert C. Scott, St. Louis, which was adopted.

INTRODUCTIONS OF GUESTS

Senator House introduced to the Senate, his daughter, Catherine, St. Charles.

Senator House introduced to the Senate, Ryan and Kaylyn Masiakiewicz, St. Peters.

Senator Jacob introduced to the Senate, Commander Duane Ashton and Lieutenant Erik Griffiths, Pearl Harbor, Hawaii.

Senator Schneider introduced to the Senate, representatives of the 14th Senatorial District.

Senator Jacob introduced to the Senate, Justin Grout, Huntsville.

Senator Klindt introduced to the Senate, his wife, Sandra, his daughter-in-law, Kelly, and his grandchildren, Caleb, Gabe and Hannah Riekhoff and Aston and Landan Klindt, Bethany; and Caleb, Ashton, Gabe, Landan and Hannah were made honorary pages.

Senator Jacob introduced to the Senate, Missouri Teacher of the Year, Jill Bergee, Columbia.

Senator Caskey introduced to the Senate, Larry DesCombes and 40 eighth grade students and sponsors from Leeton School, Leeton.

Senator Kennedy introduced to the Senate, Susan Woods McGraugh and Amy Sanders, St. Louis.

Senator Quick introduced to the Senate, Mayor Benny Ward, Excelsior Springs.

Senator Yeckel introduced to the Senate, Claude and Nancy Leezy and Dick and Liz Coffmann, South St. Louis County.

Senator Caskey introduced to the Senate, Mr. and Mrs. Gary Grigsby, Warrensburg.

On behalf of Senator Klarich, the President introduced to the Senate, students from Chesterfield Elementary School, St. Louis County.

Senator Loudon introduced to the Senate, his father, Bob Loudon, Ballwin.

Senator Kenney introduced to the Senate, Fred and Susie Wilson, and their daughter, Emily, Doreen Wilson, and Jim and Isabella Smith, Independence; John and Jean Lamb, Fleetwood, England; and Emily was made an honorary page.

Senator Staples introduced to the Senate, Willie Oberman, Melanie Bawen and 60 fourth grade students from Bismarck R-V School, Bismarck; and Mike McNeary, Jacob Weir, Trisha Chunn and Brianna McGuire were made honorary pages.

Senator Westfall introduced to the Senate, Don and Kim McKee, Bolivar.

Senator Bentley introduced to the Senate, Casey Copeland and Patrick Rynard, Jefferson City.

Senator Westfall introduced to the Senate, Tina Holtmeyer, Washington; Sue Morgan, Lamar; and Greg Burris and Anson Elliott, Springfield.

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



SENATE CALENDAR

______



FORTY-THIRD DAY-THURSDAY, MARCH 21, 2002

______



FORMAL CALENDAR



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

HCS for HB 1425

HB 1634-Hoppe

HB 1342-Farnen

HB 1381-Luetkenhaus

HB 1492-Seigfreid

HB 1421-McKenna, et al

HB 1375-Luetkenhaus

HB 1495-Seigfreid

HB 1348-Meyers, et al

HCS for HBs 1150, 1237 & 1327

HCS for HB 1711

HCS for HB 1398

HS for HB 1498-Johnson (90th)

HB 1432-Foley

HB 1477-Farnen

HB 1668-Holt, et al

HB 1446-Luetkenhaus

HB 1078-Whorton, et al

HB 1468-Ward

HB 1086-Harlan

HB 1406-Barnett

HB 1672-Gambaro, et al

HB 1581-Clayton

HB 1418-Relford, et al

HCS for HB 1765

HS for HCS for HB 1906-

Green (73rd)

HCS for HB 1817

HS for HCS for HB 1877-

Foley

HB 1159-Boykins

HB 1214-Davis and Cooper

HB 1624-Skaggs, et al

HB 1204-Seigfreid and Relford

HB 1093-Relford and Seigfreid

HB 1714-Hilgemann and

Shelton

HB 1205-Seigfreid and Relford

HB 1411-Skaggs

HB 1094-Relford and Seigfreid

HB 1397-Ransdall

HB 1391-Smith

HB 1272-Smith

HB 1918-Koller

HB 1592-Hickey, et al

HS for HCS for HB 1532-Hoppe

HCS for HB 1898

HCS for HB 1403

HCS for HB 1202

THIRD READING OF SENATE BILLS



SS for SCS for SB 840-Gross

(In Budget Control)

SB 740-Wiggins (In Budget Control)

SS for SCS for SBs 817, 978

& 700-Gross

SENATE BILLS FOR PERFECTION



1. SB 1059-Bentley, et al,

with SCS

2. SB 1052-Sims, with SCS

3. SB 884-DePasco and

Kenney, with SCS

4. SBs 984 & 985-

Steelman, with SCS

5. SB 1046-Gross and

House, with SCS

6. SB 1103-Westfall, et al

7. SBs 915, 710 & 907-

Westfall, et al, with SCS

8. SBs 923, 828, 876, 694

& 736-Sims, with SCS

9. SB 676-Yeckel, et al,

with SCS

10. SB 900-Goode, et al, with

SCS

11. SB 1107-Childers, with

SCS

12. SB 912-Mathewson, with

SCS

13. SB 892-Kenney, with SCS



14. SB 910-Gibbons

15. SB 1104-Mathewson

16. SB 954-Loudon, with SCS

17. SB 1014-Klindt and Kinder

18. SB 1152-Klarich, with SCS

19. SBs 766, 1120 & 1121-

Steelman, with SCS

20. SB 926-Kenney, et al,

with SCS

21. SB 1140-Rohrbach

22. SBs 1112 & 854-Caskey

and Russell, with

SCS

23. SB 1111-Quick, with SCS

24. SB 689-Gibbons, et al,

with SCS

25. SB 938-Cauthorn, et al

26. SB 1087-Gibbons,

et al, with SCS

27. SBs 1279, 1162 & 1164-

Kinder and Wiggins,

with SCS





HOUSE BILLS ON THIRD READING



HCS for HB 1115, with SCS

(Russell)



INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SBs 641 & 705-Russell,

et al, with SCS (pending)

SB 647-Goode, with SCS

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)

SBs 670 & 684-Sims, with

SCS

SBs 688, 663, 691, 716,

759, 824 & 955-Gibbons,

et al, with SCS

SB 881-Steelman and

Yeckel, with SCS & SS

for SCS (pending)

SBs 894, 975 & 927-Kinder,

with SCS

SBs 958 & 657-Kinder,

with SCS



SBs 969, 673 & 855-

Westfall and Bentley,

with SCS, SS for SCS &

SA 1 (pending)

SB 1005-Loudon

SJR 23-Singleton, with SS,

SA 1 & SSA 1 for SA 1

(pending)





CONSENT CALENDAR



Senate Bills



Reported 2/5



SB 995-Rohrbach



Reported 3/14



SB 1182-Singleton, with SCS

SBs 1241, 1253 & 1189-

Coleman and Bland, with SCS

SB 1251-Gibbons, with SCA 1



SB 1269-Cauthorn

SB 1119-Johnson

SB 1203-Yeckel, with SCS





RESOLUTIONS



SR 1026-Jacob, with SA 1

(pending)

SR 1028-Schneider

To be Referred



SCR 57-Steelman



Reported from Committee



SCR 51-Mathewson and

Yeckel, with SCA 1

SCR 41-Rohrbach

SR 1109-Caskey