Journal of the Senate

SECOND REGULAR SESSION


FIFTY-SEVENTH DAY--MONDAY, APRIL 22, 2002


The Senate met pursuant to adjournment.

Senator Klarich in the Chair.

Reverend Carl Gauck offered the following prayer:

Holy and Gracious Father, we thank You that You are a God of compassion and caring, for we call upon You on behalf of Senator DePasco, his family and friends. Guide the hands and minds of the surgeon and doctors who care for him. Provide Your healing touch that its power may flow throughout his body bringing him to health and wholeness. Comfort us, his friends and his family, with Your mercy and grace and give us Your peace. Lord we recognize our need of You in our lives and ask Your guidance this week. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

President Maxwell assumed the Chair.

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

The Journal for Thursday, April 18, 2002, was read and approved.

Photographers from the Associated Press, KRCG-TV and KOMU-TV were given permission to take pictures in the Senate Chamber today.

The following Senators were present during the day's proceedings:

Present--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senator DePasco--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Johnson offered Senate Resolution No. 1530, regarding Allison Yarnell, St. Joseph, which was adopted.

Senator Steelman offered Senate Resolution No. 1531, regarding Matthew Paul Wilding, Hermann, which was adopted.

Senator Caskey offered Senate Resolution No. 1532, regarding Eric Chambers, Nevada, which was adopted.

Senator Caskey offered Senate Resolution No. 1533, regarding the One Hundredth Birthday of Mary Virginia Asbury Whitfield, Warrensburg, which was adopted.

Senator Bland offered Senate Resolution No. 1534, regarding Madeline Simington, which was adopted.

Senator Gross offered Senate Resolution No. 1535, regarding Mary Dempsey, which was adopted.

Senator House offered Senate Resolution No. 1536, regarding the Seventy-fifth Anniversary of the Montgomery City Public Library, which was adopted.

Senator House offered Senate Resolution No. 1537, regarding Brian Malone, which was adopted.

Senator Yeckel offered Senate Resolution No. 1538, regarding Dr. Sandra LaRue Shannon, O'Fallon, which was adopted.

Senator Yeckel offered Senate Resolution No. 1539, regarding Christina Hall, which was adopted.

Senator Yeckel offered Senate Resolution No. 1540, regarding Allegiant Bank, St. Louis, which was adopted.

Senator Mathewson offered Senate Resolution No. 1541, regarding Phillip Santoli, which was adopted.

Senator Mathewson offered Senate Resolution No. 1542, regarding Kathy Jenkins, which was adopted.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1543

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Thomas E. Blottman, of Kansas City; and

WHEREAS, Tom Blottman was born in Kansas City March 31, 1936, and was a lifelong area resident; and

WHEREAS, Tom Blottman was an All Star Athlete who attended Hogan High School and St. Benedicts College where he excelled in basketball; and

WHEREAS, Tom Blottman was a U.S. Army veteran who served his country in Korea; and

WHEREAS, Tom Blottman was an outgoing personable man who had uncountable friends and who made more every place he went and whatever he did and who will be sadly missed by all who ever met and knew him:

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate pause in their deliberation to salute the memory of an outstanding Kansas Citian, Thomas E. Blottman, express their appreciation for his lifetime of good citizenship and his contributions to Kansas City and particularly to the field of sports, and extend to his family and many friends most sincere sympathy on his death; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution.

Senator Klarich offered Senate Resolution No. 1544, regarding Lora Mae Davis, St. Clair, which was adopted.

Senator Bentley offered Senate Resolution No. 1545, regarding Environmental Works, Incorporated, (EWI), Springfield, which was adopted.

Senator Russell offered Senate Resolution No. 1546, regarding Aletha June Franklin, Camdenton, which was adopted.

Senator Russell offered Senate Resolution No. 1547, regarding John Russell, which was adopted.

Senator Caskey offered Senate Resolution No. 1548, regarding Bonnie Oberlechner, Peculiar, which was adopted.

THIRD READING OF SENATE BILLS

SCS for SB 892, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 892

An Act to repeal sections 214.270 and 214.387, RSMo, relating to cemeteries, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up by Senator Kenney.

On motion of Senator Kenney, SCS for SB 892 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons House
Jacob Kennedy Kenney Klarich
Klindt Mathewson Quick Rohrbach
Russell Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators
Goode Gross Kinder--3
Absent--Senators
Bland Coleman--2
Absent with leave--Senators
DePasco Johnson Loudon Schneider--4


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

SS for SCS for SB 900, introduced by Senator Goode, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 900

An Act to amend chapter 393, RSMo, by adding thereto two new sections relating to aggregate purchase of natural gas by eligible school entities, with an emergency clause.

Was taken up.

On motion of Senator Goode, SS for SCS for SB 900 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Jacob
Kennedy Kenney Kinder Klarich
Klindt Mathewson Rohrbach Russell
Sims Steelman Stoll Westfall
Wiggins Yeckel--26
NAYS--Senator Singleton--1
Absent--Senators
Coleman Quick Staples--3
Absent with leave--Senators
DePasco Johnson Loudon Schneider--4

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

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

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which were referred SRB 1236; SCS for SB 1026; SS No. 2 for SCS for SBs 688, 663, 691, 716, 759, 824 and 955; SCS for SBs 915, 710 and 907; SCS for SBs 1112 and 854; SCS for SB 954; SB 1014; SCS for SB 739; SCS for SB 1060; and SS for SCS for SB 1107, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

REFERRALS

President Pro Tem Kinder referred HB 1342; SCS for SBs 1112 and 854; and SCS for SBs 915, 710 and 907 to the Committee on State Budget Control.

REPORTS OF STANDING COMMITTEES



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

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1101, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1102, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1103, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1104, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1105, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1106, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1107, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1108, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1109, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1110, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1111, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1112, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE BILLS FOR PERFECTION

Senator Jacob moved that SB 1191 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Jacob offered SS for SB 1191, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 1191

An Act to amend chapter 8, RSMo, by adding thereto twenty-three new sections relating to the Missouri tobacco settlement authority act, with an emergency clause.

Senator Jacob moved that SS for SB 1191 be adopted.

Senator Kinder offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 1191, Page 4, Section 8.520, Line 15 of said page, by striking the word "three" and inserting in lieu thereof the word "five"; and further amend line 16 of said page, by striking the word "and"; and further amend said line 16, by inserting immediately after the word "general" the following: "the president pro tem of the senate and the speaker of the house of representatives"; and further amend line 18 of said page, by striking the word "Two" and inserting in lieu thereof the word "Three".

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

Senator Childers assumed the Chair.

Senator Singleton offered SS for SS for SB 1191, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 1191

An Act to amend chapter 196, RSMo, by adding thereto six new sections relating to the establishment of the tobacco settlement for healthy Missourians trust fund, with an effective date for a certain section and a referendum clause.

Senator Singleton moved that SS for SS for SB 1191 be adopted.

Senator Jacob raised the point of order that SS for SS for SB 1191 is out of order as it is not a true substitute.

The point of order was referred to the President Pro Tem.

At the request of Senator Singleton, SS for SS for SB 1191 was withdrawn, rendering the point of order moot.

Senator Singleton offered SS No. 2 for SS for SB 1191, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 1191



An Act to amend chapter 196, RSMo, by adding thereto six new sections relating to the establishment of the tobacco settlement for healthy Missourians trust fund, with an effective date for a certain section and a referendum clause.

Senator Singleton moved that SS No. 2 for SS for SB 1191 be adopted.

Senator Rohrbach offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 for Senate Substitute for Senate Bill No. 1192, Page 5, Section 196.1140, Line 19, by deleting the words "equal to" on said line and inserting in lieu thereof the words "not more than".

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

Senator Rohrbach offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 2 for Senate Substitute for Senate Bill No. 1191, Pages 6 and 7, Section 196.1154, Section B and Section C, by deleting all of said sections; and

Further amend the title and enacting clause accordingly.

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

Senator Rohrbach offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute No. 2 for Senate Substitute for Senate Bill No. 1191, Page 7, Section C, Lines 13-15, by deleting all of said lines after the word "spending" on line 13.

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

Senator Singleton moved that SS No. 2 for SS for SB 1191, as amended, be adopted, which motion failed.

SS for SB 1191 was again taken up.

Senator Klarich offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 1191, Page 19, Section 8.590, Line 8 of said page, by inserting after all of said line the following:

"8.592. 1. As used in this section, the following words and phrases shall mean:

(1) "Abortion services" shall include performing, inducing, or assisting with abortions, or encouraging or counseling patients to have abortions, or referring patients for abortions, but shall not include nondirective counseling;

(2) "Child", if in vivo, an unborn child as defined in section 188.015, RSMo, and if in vitro, a human being at any of the stages of biological development of an unborn child from conception or inception onward;

(3) "Conception", as defined in section 188.015, RSMo;

(4) "Facilities and administrative costs", those costs that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular research project or any other institutional activity;

(5) "Human cloning", genetic duplication or replication of a human being, whether living or deceased, regardless of the stage of develop-ment of such human being, from whom genetic material was donated or taken in order to complete such duplication or replication;

(6) "Independent affiliate", an entity that provides abortion services that is affiliated with an entity that receives public funds appropriated to any department, division or agency of state government or to any other official or entity, which is separately incorporated from the entity that receives such public funds, and which does not share any of the following, regardless of whether or not reimbursement is made for any expenditures associated with sharing the following:

(a) The same name or similar names;

(b) Medical or non-medical facilities, including but not limited to business offices, treatment, consultation, examination, and waiting rooms;

(c) Expenses;

(d) Employee wages or salaries; or

(e) Equipment or supplies, including but not limited to computers, telephone systems, telecommunications equipment and office supplies;

(7) "Nondirective counseling" includes providing patients with a list of health care and social service providers that provide pregnancy, prenatal, delivery, infant care, foster care, adoption, alternative to abortion and abortion services and nondirective, non-marketing information in regard to such providers. Such list may categorize the providers by the service or services they provide;

(8) "Prohibited human research", research in a proposed research project in which there is the taking or utilization of the organs, tissue or cellular material of a:

(a) Deceased child, unless consent is given in the manner provided in sections 194.210 to 194.290, RSMo, relating to anatomical gifts, and neither parent cause the death of such child or consented to another person causing the death of such child;

(b) Living child, when the intended or likely result of such taking or utilization is to kill or cause harm to the health, safety or welfare of such child, or when the purpose is to target such child for possible destruction in the future;

(9) "Public funds", any moneys derived from the proceeds from bonds issued pursuant to sections 8.570 to 8.590, moneys in any state funds into which such proceeds are deposited and commingled, and any other moneys received or controlled by the state of Missouri or any official, department, division, agency or political subdivision thereof, including, but not limited to, moneys derived from federal, state or local taxes, gifts or grants from any source, public or private, federal grants or payments, or intergovernmental transfers; and including moneys received or controlled by any official, department, division or agency of state government, or to any other person or entity, pursuant to appropriation by the general assembly;

(10) "Research project", research specified in an award of public funds conducted under the auspices of the institution or institutions that applied for and received such award, regardless of whether the research is funded in whole or part by such grant award. Such research shall include basic research, including the discovery of new knowledge; translation research, including translating knowledge into a usable form; and development research and clinical research, including but not limited to health research in human development and aging, cancer, endocrine, cardiovascular, neurological, pulmonary and infectious disease. Such research shall include, but not be limited to, any life sciences research funded pursuant to the program plan;

2. Public funds shall not be expended, paid or granted to directly or indirectly to subsidize abortion services or administrative expenses. In order to ensure that support is not lent in any manner to abortion services, and to ensure that an entity that provides abortion services does not receive a direct or indirect economic or marketing benefit from public funds:

(1) Public funds shall not be expended, paid or granted to an entity or an affiliate of an entity that provides abortion services.

(2) Public funds shall not be expended, paid or granted to any entity that directly refers patients who seek abortion services to any entity that provides abortion services, including its own independent affiliate;

(3) An otherwise qualified entity may receive public funds even if affiliated with an entity that provides abortion services, only if the affiliated entity that provides abortion services is an independent affiliate; provided that if the affiliated entities share the same name or similar names, it shall be presumed that the entity that provides abortion services receives a direct or indirect economic or marketing benefit from such shared name and that the affiliated entity that provides abortion services is not an independent affiliate;

(4) Public funds may be expended, paid or granted to any entity that provides only nondirective counseling relating to pregnancy;

(5) An entity that receives public funds shall not display or distribute marketing materials about abortion services to patients;

(6) An entity that receives funds must maintain financial records that demonstrate strict compliance with this section and that demonstrate that its independent affiliate that provides abortion services receives no direct or indirect economic or marketing benefit from such public funds;

(7) An independent audit shall be conducted at least once every three years, or sooner if directed by the governmental entity expending, paying or granting the public funds, to ensure compliance with this section. If the entity is an affiliate of an entity that provides abortion services, an independent audit to ensure compliance with this section shall be conducted at least annually. The audit shall be conducted by either an independent auditing firm retained by the governmental entity expending, paying or granting the public funds or by an independent auditing firm approved by the governmental entity expending, paying or granting the public funds and retained by the entity receiving public funds.

3. Public funds shall not be expended, paid or granted to or on behalf of an existing or proposed research project that involves, as part of the project, abortion services, development of drugs or chemicals intended to be used to induce an abortion, human cloning or prohibited human research. A research project that receives an award of public funds shall not share costs with another research project, person or entity not qualified to receive public funds; provided, however, the research project that receives an award of public funds may pay facilities and administrative costs directly allocable to such research project. A research project that receives an award of public funds shall maintain financial records that demonstrate strict compliance with this section. Any audit conducted pursuant to the provisions of any grant or contract awarding public funds shall also certify compliance with this section.

4. Any taxpayer of this state or its political subdivisions shall have standing to bring suit against the state of Missouri or any official, department, division or agency of the state in any circuit court with jurisdiction to enforce the provisions of this section.

5. This section shall not be construed to permit or make lawful any conduct that is otherwise unlawful pursuant to the laws of this state.

6. Any provision of this section is not severable from the all other provisions of this section and from any appropriations expressly made subject to this section or any appropriation declared by any court to be subject to this section. If any provision of this section is found to be invalid, unenforceable or unconstitutional, then all of the provisions of this section and any appropriation expressly made subject to this section or any appropriation declared by any court to be subject to this section shall be invalid and unenforceable."; and

Further amend the title and enacting clause of said bill accordingly.

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

Senator Gross assumed the Chair.

Senator Rohrbach offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Bill No. 1191, Page 2, Section 8.505, Lines 5-11, by striking all of said lines and inserting in lieu thereof the following: "provide funds for budget purposes to fund one time expenditures and to fund capital projects of any kind;".

Senator Rohrbach moved that the above amendment be adopted.

At the request of Senator Rohrbach, SA 3 was withdrawn.

Senator Rohrbach offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Bill No. 1191, Page 6, Section 8.530, Lines 3 and 4 of page 6, by deleting all of said lines; and

Further renumber the remaining subsections accordingly.

Senator Rohrbach moved that the above amendment be adopted.

At the request of Senator Jacob, SB 1191, with SS and SA 4 (pending), was placed on the Informal Calendar.

HOUSE BILLS ON SECOND READING

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

HB 1869--Pensions and General Laws.

HB 1306--Financial and Governmental Or-ganization, Veterans' Affairs and Elections.

HS for HCS for HBs 1654 and 1156--Aging, Families and Mental Health.

HS for HCS for HB 1756--Judiciary.

HB 1058--Judiciary.

HS for HCS for HBs 1502 and 1821-- Insurance and Housing.



HCS for HBs 1509 and 1510--Pensions and General Laws.

HCS for HB 1888--Civil and Criminal Jurisprudence.

HS for HCS for HB 1527--Education.

HCS for HB 1809--Education.

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

April 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:

Stuart P. Hunt, Democrat, 412 Northwest 43rd Terrace, Kansas City, Clay County, Missouri 64116, as a member of the Board of Election Commissioners for Clay County, for a term ending June 15,2005, and until his successor is duly appointed and qualified; vice, Anita F. Duncan, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 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:

Marilyn J. Schweitzer, Republican, 417 Northwest Briarcliff Parkway, Kansas City, Clay County, Missouri 64116, as a member of the Board of Election Commissioners for Clay County, for a term ending June 15, 2005, and until her successor is duly appointed and qualified; vice, Jolene N. Shaw, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 22, 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:

Clyde C. Farris, Democrat, 1231 South Geyer Road, Kirkwood, St. Louis County, Missouri 63122, as a member of the Missouri Ethics Commission, for a term ending March 15, 2006, and until his successor is duly appointed and qualified; vice, Elaine Spielbusch, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 22, 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:

Robert N. Hartnett, 508 Southeast Adobe Drive, Lee's Summit, Jackson County, Missouri 64063, as a member of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects, for a term ending April 18, 2006, and until his successor is duly appointed and qualified; vice, RSMo. 327.031.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 22, 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:

Jane Overton, 441 West 67th Street, Kansas City, Jackson County, Missouri 64113, as a public member of the State Committee for Social Workers, for a term ending October 2, 2005, and until her successor is duly appointed and qualified; vice, Jinny Gender, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

REPORTS OF STANDING COMMITTEES

On behalf of Senator Bentley, Chairman of the Committee on Education, Senator Kenney submitted the following report:

Mr. President: Your Committee on Education, to which was referred HCS for HB 1711, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Steelman, Chairman of the Committee on Commerce and Environment, Senator Kenney submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 1266, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On behalf of Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, Senator Kenney submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 696, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Steelman, Chairman of the Committee on Commerce and Environment, Senator Kenney submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 1100, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, Senator Kenney submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 1035, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Klarich, Chairman of the Committee on Judiciary, Senator Kenney sub-mitted the following reports:

Mr. President: Your Committee on Judiciary, to which was referred SB 832, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Judiciary, to which was referred SJR 24, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

RESOLUTIONS

Senator Westfall offered Senate Resolution No. 1549, regarding Stephanie McKee, which was adopted.

Senator Childers offered Senate Resolution No. 1550, regarding Will Enochs, which was adopted.

COMMUNICATIONS

Senator Quick submitted the following:

April 18, 2002

Ms. Terry Spieler

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

This is to inform you that I have appointed Senator Ken Jacob to the Administration Committee to fill the vacancy created by the absence of Senator Ronnie DePasco.

Sincerely,

/s/ Ed Quick

Edward E. Quick

Minority Floor Leader

Also,

April 19, 2002

Ms. Terry Spieler

Secretary of the Senate

State Capitol, Room 325

Jefferson City, MO 65101

Dear Ms. Spieler:

This is to inform you that I have appointed Senator Sidney Johnson to the Senate Rules, Joint Rules, Resolutions and Ethics Committee to fill the vacancy created by the absence of Senator Ronnie DePasco.

Sincerely,

/s/ Ed Quick

Edward E. Quick

Minority Floor Leader

Also,

April 19, 2002

Ms. Terry Spieler

Secretary of the Senate

State Capitol, Room 325

Jefferson City, MO 65101

Dear Ms. Spieler:

This is to inform you that I have appointed Senator Harry Wiggins to the Senate Gubernatorial Appointments Committee to fill the vacancy created by the absence of Senator Ronnie DePasco.

Sincerely,

/s/ Ed Quick

Edward E. Quick

Minority Floor Leader

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Emily Abdoler and her father, Richard, Clinton; and Dewey Riehn, Columbia.

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

SENATE CALENDAR

______



FIFTY-EIGHTH DAY-TUESDAY, APRIL 23, 2002

______



FORMAL CALENDAR



THIRD READING OF SENATE BILLS



1. SS for SCS for SB 1059-Bentley

(In Budget Control)

2. SCS for SBs 662 & 704-Westfall

(In Budget Control)

3. SS#2 for SCS for SBs 984 &

985-Steelman

(In Budget Control)

4. SS for SCS for SBs 923,

828, 876, 694 & 736-Sims

(In Budget Control)

5. SCS for SB 676-Yeckel, et al

(In Budget Control)

6. SB 1104-Mathewson

(In Budget Control)

7. SRB 1236-Rohrbach

8. SCS for SB 1026-

Kenney, et al

9. SS#2 for SCS for SBs 688,

663, 691, 716, 759,

824 & 955-Gibbons

10. SCS for SBs 915, 710 &

907-Westfall, et al

(In Budget Control)

11. SCS for SBs 1112 &

854-Caskey and Russell

(In Budget Control)

12. SCS for SB 954-Loudon

13. SB 1014-Klindt and

Kinder

14. SCS for SB 739- Wiggins

15. SCS for SB 1060-

Westfall, with SCS

16. SS for SCS for

SB 1107-Childers

SENATE BILLS FOR PERFECTION



SB 1266-Kenney, with SCS

SB 696-Cauthorn, et al

SB 1100-Childers, et al



SB 1035-Yeckel

SB 832-Schneider, with SCS

SJR 24-Johnson



HOUSE BILLS ON THIRD READING



1. HCS for HB 1101, with

SCS (Russell)

2. HCS for HB 1102, with

SCS (Russell)

3. HCS for HB 1103, with

SCS (Russell)

4. HCS for HB 1104, with

SCS (Russell)

5. HCS for HB 1105, with

SCS (Russell)

6. HCS for HB 1106, with

SCS (Russell)

7. HCS for HB 1107, with

SCS (Russell)

8. HCS for HB 1108, with

SCS (Russell)



9. HCS for HB 1109, with

SCS (Russell)

10. HCS for HB 1110, with

SCS (Russell)

11. HCS for HB 1111, with

SCS (Russell)

12. HCS for HB 1112, with

SCS (Russell)

13. HCS for HB 1711

INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SBs 641 & 705-Russell, et al,

with SCS (pending)

SB 647-Goode, with SCS

(pending)

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)

SB 668-Bentley, with SS &

SA 1 (pending)

SB 689-Gibbons, et al, with SCS

SB 713-Singleton

SB 735-Steelman and

Kinder, with SCS

SBs 766, 1120 & 1121-

Steelman, with SCS

SB 878-Sims, with SCS

SB 881-Steelman and

Yeckel, with SCS & SS

for SCS (pending)

SB 910-Gibbons

SB 912-Mathewson, with

SCS, SS for SCS & SA 4

(pending)

SB 926-Kenney, et al, with SCS

SB 938-Cauthorn, et al

SB 971-Klindt, et al, with SCS

SB 1010-Sims

SB 1040-Gibbons, et al, with SCS

SB 1046-Gross and House,

with SCS (pending)

SB 1052-Sims, with SCS,

SS for SCS, SA 1 &

SA 1 to SA 1 (pending)

SBs 1063 & 827-Rohrbach

and Kenney, with SCS

SB 1087-Gibbons, et al,

with SCS

SBs 1095 & 1195-Cauthorn,

with SCS

SB 1099-Childers, with SCS

SB 1103-Westfall, et al,

with SA 2 (pending)

SB 1105-Loudon

SB 1111-Quick, with SCS

SB 1133-Gross, with SCS

SB 1140-Rohrbach

SB 1152-Klarich, with SCS

SB 1157-Klindt, with SCS

SB 1191-Jacob, with SS &

SA 4 (pending)

SB 1205-Yeckel

SB 1206-Bentley and Stoll



SB 1232-Singleton

SB 1248-Mathewson and

Kenney, with SCAs 1 & 2

SBs 1279, 1162 & 1164-

Kinder and Wiggins,

with SCS

SJR 23-Singleton, with SS,

SA 1 & SSA 1 for SA 1

(pending)



CONSENT CALENDAR



Senate Bills



Reported 2/5



SB 995-Rohrbach



House Bills



Reported 4/15



HB 2120-Ridgeway and

Hosmer, with SCS

(Gibbons)

HB 1955-Hilgemann, et al,

with SCS (Coleman)

HB 1659-Kelly (27)

(Dougherty)

HB 1537-Clayton, with SCS

(Klarich)

HB 1814-Monaco, et al,

with SCA 1 (Klarich)

HB 1715-Moore, et al

(Klarich)

HB 1768-Hosmer, et al,

with SCA 1 (Klarich)

HB 1895-Carnahan, et al

HB 1151-Smith (Caskey)

HB 1078-Whorton, et al,

with SCS (Mathewson)

HB 1148-Ross

HB 1580-Barnett (Klindt)

HB 1811-Gambaro, with SCS

(Dougherty)

HB 1839-Seigfreid (Mathewson)

HB 1846-Scott, with SCS

(Rohrbach)

HB 1849-Barnitz and

Overschmidt, with SCS

(Steelman)

HB 1861-Burcham (Staples)

HB 1982-Richardson (Foster)

HB 2002-Farnen and Naeger (Caskey)

HB 2018-Bartle, et al (Kenney)

HB 2039-Kreider (Stoll)

HB 2064-Walton, et al

HB 2130-Boykins, et al

(Coleman)

HB 2047-Ransdall, et al,

with SCS (Mathewson)

HB 2022-Richardson, with

SCS (Stoll)

HB 1973-Bowman (Schneider)

HB 1515-Burton (Bentley)

HB 1477-Farnen, with SCS

(Klindt)

HB 1964-Gambaro, with SCS

(Yeckel)

HB 1635-Hoppe, with SCS

(Wiggins)

HB 2009-O'Connor, with

SCS (Kenney)

HB 1838-Hosmer (Caskey)

HB 1085-Mays (50)

HB 1548-Barry, with SCS

(Sims)

HB 1812-Riback Wilson

(Sims)

HB 1781-Green (73) and

Ladd Baker (Russell)

HB 1783-Lowe, et al, with

SCS (Rohrbach)

HB 1636-Hoppe, with SCS

(Wiggins)

HB 1840-Seigfreid (Mathewson)

HB 1032-Portwood (Steelman)

HB 1313-Burton, with SCS

(Foster)

HB 1937-Barry, with SCA 1

(Singleton)

HB 1776-Harlan, with SCS

HB 2001-Hegeman, et al

(Foster)

HB 1921-Green (73), with

SCS (Klarich)

HB 2117-Boucher (Caskey)

HB 1519-Boucher (Yeckel)

HB 1375-Luetkenhaus

(Yeckel)

HB 1342-Farnen (Yeckel)

(In Budget Control)

HB 1668-Holt, et al (House)

HB 1822-Walton

HB 1492-Seigfreid, with

SCS (Mathewson)

HB 1495-Seigfreid, with

SCS (Mathewson)

HB 1265-Gratz and Vogel,

with SCS (Childers)

HB 2080-Britt, et al,

with SCS (Foster)

HB 1674-O'Toole and Dempsey

HB 1890-Hilgemann, et al,

with SCS (Gross)

HB 1518-Luetkenhaus

(Rohrbach)

HB 1568-Luetkenhaus, with

SCS (Rohrbach)

HB 1381-Luetkenhaus, with

SCS (Rohrbach)

HB 1701-Luetkenhaus and

Ward, with SCS (Rohrbach)

HB 1468-Ward, with SCS (Loudon)

HB 1473-Green (15), et al,

with SCS (House)

HB 1918-Koller, with SCS

(Staples)

HBs 1093, 1094, 1159, 1204, 1242,

1272, 1391, 1397, 1411, 1624,

1632, 1714, 1755, 1778, 1779, 1852,

1862, 2025 & 2123-Relford

and Seigfreid, with SCS

(Mathewson)

HBs 1141, 1400, 1645,

1745 & 2026-Naeger,

with SCS (Yeckel)

HBs 1205, 1214, 1314, 1320,

1504, 1788, 1867 & 1969-

Seigfreid and Relford, with

SCS (Mathewson)



HB 1075-Nordwald

HB 2062-Hosmer, et al

(Westfall)

HB 1789-Ross, et al, with

SCS

HB 1643-Holand and Barry



RESOLUTIONS



SR 1026-Jacob, with SA 1

(pending)



Reported from Committee



SCR 51-Mathewson and

Yeckel, with SCA 1

HCR 5-Reynolds (Schneider)

SCR 43-Loudon, with SCS



HCS for HCR 11

SCR 60-Kennedy, with SCS

SCR 64-Caskey

SCR 57-Steelman, with SCS



MISCELLANEOUS



REMONSTRANCE 1-Caskey