Journal of the Senate

FIRST REGULAR SESSION

FIFTY-SEVENTH DAY—WEDNESDAY, APRIL 18, 2001

The Senate met pursuant to adjournment. Absent with leave—Senator Carter—1 Senator Klarich in the Chair. The Lieutenant Governor was present. RESOLUTIONS Reverend Carl Gauck offered the following prayer: Senator Caskey offered Senate Resolution No. 562, regarding the Fiftieth Wedding Anniversary of A southern gentleman was asked how one could identify Mr. and Mrs. William H. Lewis, Amsterdam, George Washington among the members of the Continental which was adopted. Congress. He said: “George Washington is the man who kneels when the Continental Congress stops to pray.” Senator Kenney offered Senate Resolution No. Almighty God, may we be known as people of prayer, those 563, regarding the Fiftieth Wedding Anniversary of who humble themselves in service to God and mankind. Let us not Mr. and Mrs. Jim Burford, Canon City, Colorado, forget whom we truly serve and who has given us the calling to our which was adopted. positions of responsibility. May our God keep us mindful and humble of our place before Him. Amen. Senator Kenney offered Senate Resolution No. 564, regarding the Fiftieth Wedding Anniversary of The Pledge of Allegiance to the Flag was Mr. and Mrs. Bill McCasland, Lee’s Summit, recited. which was adopted. A quorum being established, the Senate Senator Kenney offered Senate Resolution No. proceeded with its business. 565, regarding James Lucas Angotti, Lee’s Summit, which was adopted. The Journal of the previous day was read and Senator Kenney offered Senate Resolution No. approved. 566, regarding Chap David Banks, Lee’s Summit, The following Senators were present during the which was adopted. day's proceedings: Senator Kenney offered Senate Resolution No. 567, regarding Alex Ray Burner, Lee’s Summit, Present—Senators which was adopted. Bentley Bland Caskey Cauthorn Childers DePasco Dougherty Foster Senator Kenney offered Senate Resolution No. Gibbons Goode Gross House 568, regarding Ryan Russell Crowe, Lee’s Summit, Jacob Johnson Kenney Kinder which was adopted. Klarich Klindt Loudon Mathewson Senator Kenney offered Senate Resolution No. Quick Rohrbach Russell Schneider 569, regarding Justin Robert Story, Lee’s Summit, Scott Sims Singleton Staples which was adopted. Steelman Stoll Westfall Wiggins Yeckel—33 Senator Kenney offered Senate Resolution No.

788 789 Fifty-Seventh Day—Wednesday, April 18, 2001

570, regarding Jared Douglas Thate, Lee’s Summit, Further amend said bill, page 67, Section which was adopted. 115.645, lines 13-23 of said page, by striking all of Senator Kenney offered Senate Resolution No. said lines; and further amend said section by 571, regarding Sheldon Mark Williams, Lee’s renumbering the remaining subsections Summit, which was adopted. accordingly; and Senator Jacob offered Senate Resolution No. Further amend said bill, pages 68-69, Section 572, regarding Jennifer Smith, Columbia, which 115.648, by striking all of said section from said was adopted. bill; and Further amend the title and enacting clause SENATE BILLS FOR PERFECTION accordingly. Senator Yeckel moved that SB 476, SB 427 Senator Caskey moved that the above and SB 62, with SCS, SS for SCS and SA 1 amendment be adopted. (pending), be called from the Informal Calendar Senator Yeckel requested a division of the and again taken up for perfection, which motion question on the adoption of SA 2, asking that a prevailed. vote first be taken on the portion of the amendment SA 1 was again taken up. dealing with pages 7, 8, 11 and 12; and that a At the request of Senator Caskey, the above second vote be taken on the portion of the amendment was withdrawn. amendment dealing with pages 67, 68 and 69, which request was granted. Senator Caskey offered SA 2: Senator Yeckel requested that a roll call vote SENATE AMENDMENT NO. 2 be taken on Part 1 and Part 2 of SA 2 and was Amend Senate Substitute for Senate Committee joined in her request by Senators Childers, Substitute for Senate Bills Nos. 476, 427 and 62, Gibbons, Loudon and Rohrbach. Page 7, Section 115.027, Line 21 of said page, by Senator Caskey moved that Part 1 of SA 2 be striking the word “state” and inserting in lieu adopted, which motion failed by the following thereof the following: “local county”; and further vote: amend line 23 of said page, by striking the following: “The state committee of such”; and YEAS—Senators further amend lines 24-25 of said page, by striking Bland Caskey Dougherty Goode all of the underlined language from said lines; and House Jacob Mathewson Quick Schneider Scott Stoll Wiggins—12 Further amend said bill and section, page 8, line 10 of said page, by striking the word “state” and NAYS—Senators inserting in lieu thereof the following: “county”; Bentley Cauthorn Childers Foster and Gibbons Gross Kenney Kinder Further amend said bill, page 11, Section Klarich Klindt Loudon Rohrbach 115.087, lines 29-31 of said page, by striking all of Russell Sims Singleton Steelman said lines; and Westfall Yeckel—18

Further amend said bill and section, page 12, Absent—Senators lines 1-3 of said page, by striking all of said lines; DePasco Johnson Staples—3 and further amend line 4 of said page, by striking “3.” and inserting in lieu thereof the following: Absent with leave—Senator Carter—1 “2.”; and Part 2 of SA 2 was taken up. Further amend said bill, page 12, Section Senator Caskey moved that Part 2 of SA 2 be 115.089, lines 12-13 of said page, by striking all of adopted, which motion failed by the following the underlined language from said lines; and Journal of the Senate 790 vote: terminate on the first Tuesday in April, 1974, when their successors shall be elected for terms of six YEAS—Senators Bland Caskey DePasco Dougherty years. No director shall serve more than two Goode House Jacob Johnson consecutive six-year terms after October 13, 1963. Klarich Mathewson Quick Schneider 3. Except as otherwise provided in sub- Scott Wiggins—14 section 4 of this section, hereafter when a seven- director district becomes an urban district, the direct- NAYS—Senators ors of the prior seven-director district shall continue Bentley Cauthorn Childers Foster as directors of the urban district until the expiration of Gibbons Gross Kenney Kinder the terms for which they were elected and until Klindt Loudon Rohrbach Russell their successors are elected as provided in this Singleton Steelman Stoll Westfall subsection. The first biennial school election for Yeckel—17 directors shall be held in the urban district at the time provided in subsection 1 which is on the date Absent—Senators of or subsequent to the expiration of the terms of Sims Staples—2 the directors of the prior district which are first to expire, and directors shall be elected to succeed the Absent with leave—Senator Carter—1 directors of the prior district whose terms have Senator Jacob offered SA 3: expired. If the terms of two directors only have SENATE AMENDMENT NO. 3 expired, the directors elected at the first biennial school election in the urban district shall be elected Amend Senate Substitute for Senate Committee for terms of six years. If the terms of four directors Substitute for Senate Bills Nos. 476, 427 and 62, have expired, two directors shall be elected for Page 70, Section 115.826, Line 9 of said page, by terms of six years and two shall be elected for inserting immediately after said line the following: terms of four years. At the next succeeding biennial “162.481. 1. Except as otherwise provided in election held in the urban district, successors for this section, all elections of school directors in the remaining directors of the prior seven-director urban districts shall be held biennially at the same district shall be elected. If only two directors are to times and places as municipal elections. be elected they shall be elected for terms of six years each. If four directors are to be elected, two 2. In any urban district which includes all or the shall be elected for terms of six years and two shall major part of a city which first obtained a be elected for terms of two years. After seven population of more than seventy-five thousand directors of the urban district have been elected inhabitants by reason of the 1960 federal decennial under this subsection, their successors shall be census, elections of directors shall be held on elected for terms of six years. municipal election days of even-numbered years. The directors of the prior district shall continue as 4. In any school district in any city with a directors of the urban district until their successors population of one hundred thousand or more are elected as herein provided. On the first Tuesday inhabitants which is located within a county of the in April, 1964, four directors shall be elected, two first classification that adjoins no other county of the for terms of two years to succeed the two directors first classification, or any school district which of the prior district who were elected in 1960 and becomes an urban school district by reason of the two for terms of six years to succeed the two 2000 federal decennial census, elections shall be directors of the prior district who were elected in held annually at the same times and places as general 1961. The successors of these directors shall be municipal elections for all years where one or more elected for terms of six years. On the first Tuesday terms expire, and the terms shall be for three years in April, 1968, two directors shall be elected for and until their successors are duly elected and terms to commence on November 5, 1968, and to qualified for all directors elected on and after August 28, 1998.”; and 791 Fifty-Seventh Day—Wednesday, April 18, 2001

Further amend the title and enacting clause 427 and SB 62, with SCS, SS for SCS and SA 4 accordingly. (pending), were placed on the Informal Calendar. Senator Jacob moved that the above amendment be adopted, which motion prevailed. MESSAGES FROM THE HOUSE The following message was received from the Senator Jacob offered SA 4: House of Representatives through its Chief Clerk: SENATE AMENDMENT NO. 4 Mr. President: I am instructed by the House of Amend Senate Substitute for Senate Committee Representatives to inform the Senate that the House Substitute for Senate Bills Nos. 476, 427 and 62, has taken up and adopted the Conference Page 70, Section 115.826, Line 9 of said page, by Committee Report on SCS for HCS for HB 15 and inserting immediately after said line the following: has taken up and passed CCS for SCS for HCS for “162.203. 1. Board members initially elected HB 15. or appointed [under] pursuant to section 162.291, 162.459, 162.471, or 162.581 after August 28, REFERRALS 1993, in addition to the qualifications prescribed in President Pro Tem Kinder referred SS for SCS those sections, shall successfully complete for SJRs 1 and 4; HCS for HB 207, with SCA 1; orientation and training requirements within one and HB 218 to the Committee on State Budget year of the date of the election or appointment. The Control. orientation and training shall consist of at least President Pro Tem Kinder referred the sixteen hours with the cost of such training to be Gubernatorial Appointments appearing on pages paid by the district. Beginning August 28, 2001, 780 and 781 of the Senate Journal for Tuesday, no board member shall file, or be allowed to file, April 17, 2001, to the Committee on Gubernatorial for reelection until such board member has: Appointments. (1) Completed the orientation and training On motion of Senator Kenney, the Senate required pursuant to this section; and recessed until 2:00 p.m. (2) Shown proof of such completion to the appropriate election authority. RECESS 2. All programs providing the orientation and The time of recess having expired, the Senate training required [under the provisions of] was called to order by President Maxwell. pursuant to this section shall be offered by a statewide association organized for the benefit of RESOLUTIONS members of boards of education or be approved by the state board of education.”; and Senator Bentley offered Senate Resolution No. Further amend the title and enacting clause 573, regarding Carnahan-White, Inc., Springfield, accordingly. which was adopted. Senator Jacob moved that the above Senator Quick offered Senate Resolution No. amendment be adopted. 574, regarding Joshua Brunkhorst, Platte City, which was adopted. Senator Loudon raised the point of order that SA 4 is out of order as it goes beyond the scope and Senator Quick offered Senate Resolution No. purpose of the bill. 575, regarding Matthew Brunkhorst, Platte City, which was adopted. The point of order was referred to the President Pro Tem, who ruled it not well taken. Senator Quick offered Senate Resolution No. 576, regarding Brian James Crane, Kansas City, SA 4 was again taken up. which was adopted. At the request of Senator Yeckel, SB 476, SB Journal of the Senate 792

Senator Quick offered Senate Resolution No. YEAS—Senators 577, regarding Brett Michael Harding, Kansas City, Bland Caskey Cauthorn DePasco which was adopted. Dougherty Foster Goode Gross Senator Quick offered Senate Resolution No. House Jacob Johnson Kinder Mathewson Quick Rohrbach Russell 578, regarding Joseph Daniel Kinate, Kansas City, Schneider Scott Sims Steelman which was adopted. Stoll Westfall Wiggins—23 Senator Quick offered Senate Resolution No. NAYS—Senators 579, regarding Timothy Joseph “Tim” Kingsbury, Gibbons Kenney Klarich Klindt Kansas City, which was adopted. Loudon Singleton Yeckel—7 PRIVILEGED MOTIONS Absent—Senators Bentley Childers Staples—3 Senator Russell, on behalf of the conference committee appointed to act with a like committee Absent with leave—Senator Carter—1 from the House on SCS for HCS for HB 15, On motion of Senator Russell, CCS for SCS submitted the following conference committee for HCS for HB 15, entitled: report: CONFERENCE COMMITTEE SUBSTITUTE CONFERENCE COMMITTEE REPORT ON FOR SENATE COMMITTEE SUBSTITUTE HOUSE BILL NO. 15 FOR HOUSE COMMITTEE SUBSTITUTE Mr. President: Your Conference Committee FOR HOUSE BILL NO. 15 appointed to confer with a like committee from the An Act to appropriate money for supplemental House on Senate Committee Substitute for House purposes for the several departments and offices of Committee Substitute for House Bill No. 15, begs state government, and for the payment of various leave to report that we, after open, free and fair claims for refunds, for persons, firms, and discussion of the differences between the House corporations, and for other purposes, and to transfer and Senate, have agreed to recommend and do money among certain funds, from the funds recommend to the respective bodies as follows: designated for the fiscal period ending June 30, 1. That the Senate recede from its position on 2001. Senate Committee Substitute for House Committee Was read the 3rd time and passed by the Substitute for House Bill No. 15. following vote: 2. That the House recede from its position on YEAS—Senators House Committee Substitute for House Bill No. 15. Bland Caskey Cauthorn Childers 3. That the attached Conference Committee DePasco Dougherty Foster Goode Substitute for House Bill No. 15, be truly agreed to Gross House Jacob Kenney and finally passed. Kinder Mathewson Quick Rohrbach Russell Schneider Scott Sims FOR THE SENATE: FOR THE HOUSE: Steelman Stoll Westfall Wiggins—24 /s/ John T. Russell /s/ Timothy P. Green NAYS—Senators /s/ Larry Rohrbach /s/ Yvonne S. Wilson Gibbons Klarich Klindt Loudon /s/ Morris Westfall /s/ Chuck Graham Singleton Yeckel—6 /s/ Wayne Goode /s/ Ken Legan Absent—Senators /s/ Harry Wiggins /s/ Charlie Shields Bentley Johnson Staples—3

Senator Russell moved that the above Absent with leave—Senator Carter—1 conference committee report be adopted, which motion prevailed by the following vote: The President declared the bill passed. 793 Fifty-Seventh Day—Wednesday, April 18, 2001

On motion of Senator Russell, title to the bill Senator Russell moved that the vote by which was agreed to. the bill passed be reconsidered. Senator Russell moved that the vote by which Senator Kenney moved that motion lay on the the bill passed be reconsidered. table, which motion prevailed. Senator Kenney moved that motion lay on the HCS for HB 2, with SCS, entitled: table, which motion prevailed. An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board THIRD READING OF SENATE BILLS of Education and of the Department of Elementary HB 1, introduced by Representative Green, and Secondary Education and the several divisions entitled: and programs thereof to be expended only as An Act to appropriate money to the Board of provided in Article IV, Section 28 of the Fund Commissioners for the cost of issuing and Constitution of Missouri, and to transfer money processing State Water Pollution Control Bonds, among certain funds and for the investment in Stormwater Control Bonds, Third State Building registered bonds of the State Public School Fund by Bonds and Fourth State Building Bonds, as the State Board of Education for the period provided by law, to include payments from the beginning July 1, 2001 and ending June 30, 2002. Water Pollution Control Bond and Interest Fund, Was taken up by Senator Russell. Stormwater Control Bond and Interest Fund, Third SCS for HCS for HB 2, entitled: State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, SENATE COMMITTEE SUBSTITUTE FOR Water Pollution Control Fund and Stormwater HOUSE COMMITTEE SUBSTITUTE FOR Control Fund, and to transfer money among certain HOUSE BILL NO. 2 funds for the period beginning July 1, 2001 and An Act to appropriate money for the expenses, ending June 30, 2002. grants, refunds, and distributions of the State Board Was taken up by Senator Russell. of Education and of the Department of Elementary and Secondary Education and the several divisions On motion of Senator Russell, HB 1 was read and programs thereof to be expended only as the 3rd time and passed by the following vote: provided in Article IV, Section 28 of the YEAS—Senators Constitution of Missouri, and to transfer money Bentley Bland Cauthorn Childers among certain funds and for the investment in DePasco Dougherty Foster Gibbons registered bonds of the State Public School Fund by Goode Gross House Jacob the State Board of Education for the period Johnson Kenney Kinder Klarich beginning July 1, 2001 and ending June 30, 2002. Klindt Loudon Mathewson Quick Rohrbach Russell Schneider Scott Was taken up. Sims Singleton Steelman Stoll Senator Russell moved that SCS for HCS for Westfall Wiggins Yeckel—31 HB 2 be adopted. Senator Jacob offered SA 1, which was read: NAYS—Senator Caskey—1 SENATE AMENDMENT NO. 1 Absent—Senator Staples—1 Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 2, Absent with leave—Senator Carter—1 Page 13, Section 2.225, Lines 2-5, by deleting The President declared the bill passed. “15,279,899” and replacing in lieu thereof On motion of Senator Russell, title to the bill “20,879,899”; and further amend said section, by was agreed to. deleting on line 4 “16,079,418 E” and replace in lieu thereof “24,479,418”; and further amend said Journal of the Senate 794 section by deleting “31,359,317” in Line 5 and Section 2.020, Lines 4-6 and 27, by deleting lines replacing in lieu thereof “45,359,317”. 4 through 6 and replacing in lieu thereof one Senator Jacob moved that the above billion, six hundred seventy-eight million, six amendment be adopted. hundred seventeen thousand, Nine hundred sixty- six (1,678,617,966); and At the request of Senator Jacob, SA 1 was withdrawn. Further amend said section, by deleting “1,972,725,417” in line 27 and replacing in lieu Senator Rohrbach assumed the Chair. “1,956,509,607”. President Maxwell assumed the Chair. Senator Schneider moved that the above Senator Bland offered SA 2, which was read: amendment be adopted. SENATE AMENDMENT NO. 2 Senator Steelman offered SSA 1 for SA 3, which was read: Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 2, Page SENATE SUBSTITUTE AMENDMENT NO. 1 10, Section 2.160, Line 3, by deleting line 3 in its FOR SENATE AMENDMENT NO. 3 entirety; and further amend line 4, by deleting Amend Senate Committee Substitute for “926,548” and replace in lieu thereof “180,000”; House Committee Substitute for House Bill No. 2, and further amend said section, page 11, line 6, by Page 2, Section 2.015, Line 7, by deleting deleting “3,358,548” and replacing in lieu thereof “$20,000,000” and replacing it with “$5,000,000”. “2,612,000”. Senator Steelman moved that the above Senator Bland moved that the above substitute amendment be adopted, which motion amendment be adopted and requested a roll call failed. vote be taken. She was joined in her request by Senators Cauthorn, Childers, Kenney and Klarich. SA 3 was again taken up. SA 2 failed of adoption by the following vote: Senator Schneider moved that the above amendment be adopted, which motion failed. YEAS—Senators Bland DePasco Johnson Quick Senator Russell moved that SCS for HCS for Schneider—5 HB 2 be adopted, which motion prevailed. On motion of Senator Russell, SCS for HCS NAYS—Senators for HB 2 was read the 3rd time and passed by the Bentley Caskey Cauthorn Childers following vote: Dougherty Foster Gibbons Goode YEAS—Senators Gross House Jacob Kenney Bentley Caskey Cauthorn Childers Klarich Klindt Loudon Mathewson DePasco Foster Gibbons Goode Rohrbach Russell Sims Singleton Gross House Jacob Johnson Staples Steelman Stoll Westfall Kenney Kinder Klarich Klindt Wiggins Yeckel—26 Loudon Mathewson Quick Rohrbach Russell Schneider Scott Sims Absent—Senators Singleton Staples Steelman Stoll Kinder Scott—2 Westfall Wiggins Yeckel—31 Absent with leave—Senator Carter—1 NAYS—Senator Bland—1 Senator Schneider offered SA 3: SENATE AMENDMENT NO. 3 Absent—Senator Dougherty—1

Amend Senate Committee Substitute for House Absent with leave—Senator Carter—1 Committee Substitute for House Bill No. 2, Page 3, 795 Fifty-Seventh Day—Wednesday, April 18, 2001

The President declared the bill passed. thereof “$153,072,427”. On motion of Senator Russell, title to the bill Senator House moved that the above was agreed to. amendment be adopted, which motion failed. Senator Russell moved that the vote by which Senator Russell moved that SCS for HCS for the bill passed be reconsidered. HB 3 be adopted, which motion prevailed. Senator Kenney moved that motion lay on the On motion of Senator Russell, SCS for HCS table, which motion prevailed. for HB 3 was read the 3rd time and passed by the HCS for HB 3, with SCS, entitled: following vote: An Act to appropriate money for the expenses, YEAS—Senators grants, refunds, and distributions of the Department Bentley Bland Caskey Cauthorn of Higher Education and the several divisions, Childers DePasco Dougherty Foster programs, and institutions of higher education Gibbons Goode Gross House Jacob Johnson Kenney Kinder included therein to be expended only as provided in Klarich Klindt Loudon Mathewson Article IV, Section 28 of the Constitution of Quick Rohrbach Russell Schneider Missouri, and to transfer money among certain Sims Singleton Staples Steelman funds for the period beginning July 1, 2001 and Stoll Westfall Wiggins Yeckel—32 ending June 30, 2002. NAYS—Senators—None Was taken up by Senator Russell. SCS for HCS for HB 3, entitled: Absent—Senator Scott—1 SENATE COMMITTEE SUBSTITUTE FOR Absent with leave—Senator Carter—1 HOUSE COMMITTEE SUBSTITUTE FOR The President declared the bill passed. HOUSE BILL NO. 3 On motion of Senator Russell, title to the bill An Act to appropriate money for the expenses, was agreed to. grants, refunds, and distributions of the Department of Higher Education and the several divisions, Senator Russell moved that the vote by which programs, and institutions of higher education the bill passed be reconsidered. included therein to be expended only as provided in Senator Kenney moved that motion lay on the Article IV, Section 28 of the Constitution of table, which motion prevailed. Missouri, and to transfer money among certain funds for the period beginning July 1, 2001 and HCS for HB 4, with SCS, entitled: ending June 30, 2002. An Act to appropriate money for the expenses, Was taken up. grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, Senator Russell moved that SCS for HCS for and the several divisions and programs thereof to HB 3 be adopted. be expended only as provided in Article IV, Senator House offered SA 1: Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period SENATE AMENDMENT NO. 1 beginning July 1, 2001 and ending June 30, 2002. Amend Senate Committee Substitute for House Was taken up by Senator Russell. Committee Substitute for House Bill No. 3, Page 6, Section 3.145, Line 4, by deleting said line and SCS for HCS for HB 4, entitled: replacing in lieu thereof the following: SENATE COMMITTEE SUBSTITUTE FOR “$99,806,594”; and HOUSE COMMITTEE SUBSTITUTE FOR Further amend said section, by deleting HOUSE BILL NO. 4 “$152,764,434” in Line 19 and replacing in lieu An Act to appropriate money for the expenses, Journal of the Senate 796 grants, refunds, and distributions of the Department Was taken up by Senator Russell. of Revenue and the Department of Transportation, Senator Singleton assumed the Chair. and the several divisions and programs thereof to be expended only as provided in Article IV, SCS for HCS for HB 5, entitled: Section 28 of the Constitution of Missouri, and to SENATE COMMITTEE SUBSTITUTE FOR transfer money among certain funds for the period HOUSE COMMITTEE SUBSTITUTE FOR beginning July 1, 2001 and ending June 30, 2002. HOUSE BILL NO. 5 Was taken up. An Act to appropriate money for the expenses, Senator Russell moved that SCS for HCS for grants, refunds, and distributions of the Office of HB 4 be adopted, which motion prevailed. Administration, the Department of Transportation, and the Chief Executive's Office, and the several On motion of Senator Russell, SCS for HCS divisions and programs thereof to be expended only for HB 4 was read the 3rd time and passed by the as provided in Article IV, Section 28 of the following vote: Constitution of Missouri, and to transfer money YEAS—Senators among certain funds for the period beginning July Bentley Bland Caskey Cauthorn 1, 2001 and ending June 30, 2002. Childers DePasco Dougherty Foster Was taken up. Gibbons Goode Gross House Jacob Johnson Kenney Kinder Senator Russell moved that SCS for HCS for Klarich Klindt Loudon Mathewson HB 5 be adopted, which motion prevailed. Quick Rohrbach Russell Schneider On motion of Senator Russell, SCS for HCS Scott Sims Singleton Staples for HB 5 was read the 3rd time and passed by the Steelman Stoll Westfall Wiggins following vote: Yeckel—33 YEAS—Senators NAYS—Senators—None Bentley Bland Caskey Cauthorn Absent—Senators—None Childers DePasco Dougherty Foster Gibbons Goode Gross House Absent with leave—Senator Carter—1 Jacob Johnson Kenney Kinder The President declared the bill passed. Klarich Klindt Loudon Mathewson Quick Rohrbach Russell Schneider On motion of Senator Russell, title to the bill Scott Sims Singleton Staples was agreed to. Steelman Stoll Westfall Wiggins Senator Russell moved that the vote by which Yeckel—33 the bill passed be reconsidered. Senator Kenney moved that motion lay on the NAYS—Senators—None table, which motion prevailed. Absent—Senators—None HCS for HB 5, with SCS, entitled: An Act to appropriate money for the expenses, Absent with leave—Senator Carter—1 grants, refunds, and distributions of the Office of The President declared the bill passed. Administration, the Department of Transportation, On motion of Senator Russell, title to the bill and the Chief Executive's Office, and the several was agreed to. divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Senator Russell moved that the vote by which Constitution of Missouri, and to transfer money the bill passed be reconsidered. among certain funds for the period beginning July Senator Kenney moved that motion lay on the 1, 2001 and ending June 30, 2002. table, which motion prevailed. 797 Fifty-Seventh Day—Wednesday, April 18, 2001

HCS for HB 6, with SCS, entitled: Senator Klarich moved that the above An Act to appropriate money for the expenses, amendment be adopted, which motion prevailed. grants, refunds, and distributions of the Department Senator Klarich offered SA 2, which was read: of Agriculture, Department of Natural Resources, SENATE AMENDMENT NO. 2 Department of Conservation, and the several divisions and programs thereof and for the Amend Senate Committee Substitute for expenses, grants, refunds, distributions, and capital House Committee Substitute for House Bill No. 6, improvements projects involving the repair, Pages 18-19, Section 6.305, Lines 3-10, by deleting replacement and maintenance of state buildings and said lines. facilities of the Department of Natural Resources Senator Klarich moved that the above and the several divisions and programs thereof to amendment be adopted, which motion prevailed. be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to Senator Schneider offered SA 3: transfer money among certain funds, for the period SENATE AMENDMENT NO. 3 beginning July 1, 2001 and ending June 30, 2002. Amend Senate Committee Substitute for Was taken up by Senator Russell. House Committee Substitute for House Bill No. 6, SCS for HCS for HB 6, entitled: Page 5, Section 6.060, Line 3, by deleting “2,082,684” and replacing it with “2,112,684”; and SENATE COMMITTEE SUBSTITUTE FOR further amend Line 27, Page 6, by deleting “83.00 HOUSE COMMITTEE SUBSTITUTE FOR FTE” and replacing it with “85.00 FTE” and HOUSE BILL NO. 6 change bill totals accordingly. An Act to appropriate money for the expenses, Senator Schneider moved that the above grants, refunds, and distributions of the Department amendment be adopted, which motion failed on a of Agriculture, Department of Natural Resources, standing division vote. Department of Conservation, and the several divisions and programs thereof and for the Senator Russell moved that SCS for HCS for expenses, grants, refunds, distributions, and capital HB 6, as amended, be adopted, which motion improvements projects involving the repair, prevailed. replacement and maintenance of state buildings and On motion of Senator Russell, SCS for HCS facilities of the Department of Natural Resources for HB 6, as amended, was read the 3rd time and and the several divisions and programs thereof to passed by the following vote: be expended only as provided in Article IV, YEAS—Senators Section 28 of the Constitution of Missouri, and to Bentley Bland Caskey Cauthorn transfer money among certain funds, for the period Childers DePasco Dougherty Foster beginning July 1, 2001 and ending June 30, 2002. Gibbons Goode House Jacob Was taken up. Johnson Kenney Kinder Klindt Loudon Quick Rohrbach Russell Senator Russell moved that SCS for HCS for Schneider Scott Singleton Staples HB 6 be adopted. Steelman Stoll Westfall Wiggins Senator Klarich offered SA 1: Yeckel—29 SENATE AMENDMENT NO. 1 NAYS—Senator Gross—1 Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 6, Page Absent—Senators 22, Section 6.372, by deleting Section 6.372 from Klarich Mathewson Sims—3 the Bill, and further adjusting the totals on page 26 accordingly. Absent with leave—Senator Carter—1 Journal of the Senate 798

The President declared the bill passed. “Section 7.055. To the Department of Economic On motion of Senator Russell, title to the bill Development was agreed to. There is transferred out of the State Treasury, Senator Russell moved that the vote by which chargeable to the General Revenue Fund, the bill passed be reconsidered. Three Million, Seven Thousand, One Hundred and Forty Dollars ($3,007,140) to the Senator Kenney moved that motion lay on the Missouri Supplemental Tax Increment table, which motion prevailed. Financing Fund HCS for HB 7, with SCS, entitled: From General Revenue ...... $3,007,140”; and An Act to appropriate money for the expenses, Further amend said bill, Page 6, Section 7.060, grants, refunds, and distributions of the Department Line 6, after the word “Hotel,” by adding the of Economic Development, Department of following: Insurance, and Department of Labor and Industrial Relations, and the several divisions and programs “Kirksville Downtown Improvement District,”; and thereof to be expended only as provided in Article Further amend Section 7.060, Line 14, by IV, Section 28 of the Constitution of Missouri, and deleting said line and adding the following: to transfer money among certain funds for the period beginning July 1, 2001 and ending June 30, “From Missouri Supplemental Tax Increment 2002. Financing Fund (0 FTE) $3,007,140”. Was taken up by Senator Russell. Senator Cauthorn moved that the above SCS for HCS for HB 7, entitled: amendment be adopted, which motion failed. SENATE COMMITTEE SUBSTITUTE FOR Senator Cauthorn offered SA 2, which was HOUSE COMMITTEE SUBSTITUTE FOR read: HOUSE BILL NO. 7 SENATE AMENDMENT NO. 2 An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department Amend Senate Committee Substitute for of Economic Development, Department of House Committee Substitute for House Bill No. 7, Insurance, and Department of Labor and Industrial Pages 5-6, Section 7.055, by deleting said section Relations, and the several divisions and programs and replacing it with the following new section: thereof to be expended only as provided in Article “Section 7.055. To the Department of Economic IV, Section 28 of the Constitution of Missouri, and Development to transfer money among certain funds for the There is transferred out of the State Treasury, period beginning July 1, 2001 and ending June 30, chargeable to the General Revenue Fund, Two 2002. Million, Nine Hundred Ninety Thousand, Four Was taken up. Hundred and Two Dollars ($2,990,402) to the Senator Russell moved that SCS for HCS for Missouri Supplemental Tax Increment HB 7 be adopted. Financing Fund Senator Cauthorn offered SA 1: From General Revenue ...... $2,990,402”; and SENATE AMENDMENT NO. 1 Further amend said bill, Page 6, Section 7.060, Amend Senate Committee Substitute for House Line 6, after the word “Hotel,” by adding the Committee Substitute for House Bill No. 7, Pages following: 5-6, Section 7.055, by deleting said section and replacing it with the following new section: “Kirksville Downtown Improvement District,”; and 799 Fifty-Seventh Day—Wednesday, April 18, 2001

Further amend Section 7.060, Line 14, by SCS for HCS for HB 8, entitled: deleting said line and adding the following: SENATE COMMITTEE SUBSTITUTE FOR “From Missouri Supplemental Tax Increment HOUSE COMMITTEE SUBSTITUTE FOR Financing Fund (0 FTE) ..... $2,990,402”. HOUSE BILL NO. 8 Senator Cauthorn moved that the above An Act to appropriate money for the expenses, amendment be adopted, which motion failed. grants, refunds, and distributions of the Department of Public Safety, and the several divisions and Senator Russell moved that SCS for HCS for programs thereof to be expended only as provided HB 7 be adopted , which motion prevailed. in Article IV, Section 28 of the Constitution of On motion of Senator Russell, SCS for HCS Missouri, and to transfer money among certain for HB 7 was read the 3rd time and passed by the funds for the period beginning July 1, 2001 and following vote: ending June 30, 2002. YEAS—Senators Was taken up. Bentley Bland Caskey Cauthorn Childers DePasco Dougherty Foster Senator Rohrbach assumed the Chair. Gibbons Goode Gross House Jacob Johnson Kenney Kinder Senator Russell moved that SCS for HCS for Klarich Klindt Loudon Mathewson HB 8 be adopted, which motion prevailed. Quick Rohrbach Russell Schneider On motion of Senator Russell, SCS for HCS Sims Singleton Staples Steelman for HB 8 was read the 3rd time and passed by the Stoll Westfall Wiggins Yeckel—32 following vote:

NAYS—Senators—None YEAS—Senators Bentley Bland Caskey Cauthorn Absent—Senator Scott—1 Childers DePasco Foster Gibbons Goode Gross House Johnson Absent with leave—Senator Carter—1 Kenney Kinder Klarich Klindt Loudon Mathewson Quick Rohrbach The President declared the bill passed. Russell Schneider Sims Singleton On motion of Senator Russell, title to the bill Staples Steelman Stoll Westfall was agreed to. Wiggins Yeckel—30

Senator Russell moved that the vote by which NAYS—Senators—None the bill passed be reconsidered. Senator Kenney moved that motion lay on the Absent—Senators table, which motion prevailed. Dougherty Jacob Scott—3

HCS for HB 8, with SCS, entitled: Absent with leave—Senator Carter—1 An Act to appropriate money for the expenses, The President declared the bill passed. grants, refunds, and distributions of the Department of Public Safety, and the several divisions and On motion of Senator Russell, title to the bill programs thereof to be expended only as provided was agreed to. in Article IV, Section 28 of the Constitution of Senator Russell moved that the vote by which Missouri, and to transfer money among certain the bill passed be reconsidered. funds for the period beginning July 1, 2001 and ending June 30, 2002. Senator Kenney moved that motion lay on the table, which motion prevailed. Was taken up by Senator Russell. Journal of the Senate 800

MESSAGES FROM THE HOUSE If I can be of any assistance please do not hesitate to contact me. The following message was received from the Sincerely, /s/ Peter Kinder House of Representatives through its Chief Clerk: PETER D. KINDER Mr. President: I am instructed by the House of President Pro Tem Representatives to inform the Senate that the House has taken up and passed HS for HB 882, entitled: Also, An Act to repeal sections 313.500, 313.510, April 18, 2001 313.520, 313.530, 313.540, 313.550, 313.560, Ms. Terry Spieler 313.580, 313.590, 313.600, 313.605, 313.610, Secretary of the Senate 313.620, 313.630, 313.631, 313.632, 313.640, State Capitol 313.652, 313.655, 313.660, 313.670, 313.710 and Jefferson City, MO 65101 313.720, RSMo 2000, relating to horse racing and Dear Ms. Spieler: pari-mutuel wagering, and to enact in lieu thereof Please be advised that I am hereby appointing Senator John Loudon twenty-seven new sections relating to the same to serve on the Joint Committee on Gaming and Wagering (RSMo subject, with penalty provisions. 313.001). In which the concurrence of the Senate is If I can be of any assistance please do not hesitate to contact me. respectfully requested. Sincerely, /s/ Peter Kinder Read 1st time. PETER D. KINDER President Pro Tem COMMUNICATIONS INTRODUCTIONS OF GUESTS President Pro Tem Kinder submitted the following: Senator Mathewson introduced to the Senate, Max and Emily Mitchell, Sedalia; and Emily was April 18, 2001 made an honorary page. Ms. Terry Spieler Secretary of the Senate Senator Childers introduced to the Senate, State Capitol Matt Franker, Kirksville. Jefferson City, MO 65101 Dear Ms. Spieler: Senator Bentley introduced to the Senate, Please be advised that I am hereby appointing Senator Ronnie Dwight Jones, Genie Marberry, Generose Brandt, Mr. DePasco to serve on the Joint Committee on Gaming and Wagering and Mrs. Wyman Blakeman, Karen Cooper, Jim (RSMo 313.001). Blaine, M.D. and Norm Knowlton, M.D., Springfield. If I can be of any assistance please do not hesitate to contact me. Sincerely, Senator Bentley introduced to the Senate, /s/ Peter Kinder seventy-two fourth grade students and adults from PETER D. KINDER Sherwood Elementary School, Springfield. President Pro Tem Senator Sims introduced to the Senate, the Also, Physician of the Day, Dr. Gerald Moritz, M.D., April 18, 2001 Bridgeton. Ms. Terry Spieler Secretary of the Senate Senator Klindt introduced to the Senate, State Capitol Lawerence Cline, Grant City; Monica Patton, Jefferson City, MO 65101 Ravenwood; and Lisa Goedken, Conception Dear Ms. Spieler: Junction. Please be advised that I am hereby appointing Senator Ken Jacob to serve on the Joint Committee on Gaming and Wagering (RSMo Senator Klindt introduced to the Senate, 313.001). Velma Trentham, Judi Bolander, Mari Harper, 801 Fifty-Seventh Day—Wednesday, April 18, 2001 adults and sixteen seventh grade students from Tammy Coleman, Independence. Meadville R-IV School, Meadville. Senator Kinder introduced to the Senate, sixth On behalf of Senator Klarich, the President grade students and teachers from Oak Ridge School introduced to the Senate, his sons, Jonathan and District, Cape Girardeau County. Samuel Klarich, Ballwin; and Jonathan and Samuel were made honorary pages. Senator Mathewson introduced to the Senate, Fred Mills and fifty representatives of Grain Valley Senator Rohrbach introduced to the Senate, Day at the Capitol. members of the Senior Government Class from Prairie Home High School, Prairie Home. Senator Gibbons introduced to the Senate, Edith Spink and Marianne Rober, St. Louis Senator Yeckel introduced to the Senate, Diane County. Gray, Christine Bierman, Beverly Spiller, Ann Ross, Carmen Jacob, Lanear Rhodes, Paula Young, Senator House introduced to the Senate, his Sharon Piles, Linda Jacobsen, Suzanne Magee- brother and his sister-in-law, Harvey and Lois Joyce, Janet Poppen, Heather Sanders, Donna House, Grain Valley. Wolfersberger, Judy Blives, Bill Kay and Mary Stock, St. Louis County. Senator Childers introduced to the Senate, former State Senator, Judge Jeff Schaeperkoetter, On behalf of Senator Klarich, the President Owensville. introduced to the Senate, former State Senator Irene Treppler and Deb Sheals, St. Louis County. Senator Yeckel introduced to the Senate, Cindy Herbig, St. Louis County; and Georg Senator Gross introduced to the Senate, his Waidhauser, Sarah Scholz, Anne Schauer and mother, Margaret Gross, St. Peters; and Carol Alexandra Glaser, Germany; and Georg, Sarah, Emison, St. Charles. Anne and Alexandra were made honorary pages. Senator Kenney introduced to the Senate, Betsy Senator Gibbons introduced to the Senate, Allgeyer, Donna Porter, P.J. Hord, Becca Roberts, Bob Mathis and Cindy Herbig, St. Louis County; Trish Hughes, Sharon McInerney and Mary Ann Andy Jachmann, Germany; Lucas Costa, Brazil; Crawford, Kansas City. Vanessa Rocha, Columbia; and Louis Gillucaux, Belgium; and Andy, Lucas, Vanessa and Louis Senator Loudon introduced to the Senate, were made honorary pages. William A. Kay, Jr., St. Louis County. Senator Caskey introduced to the Senate, Senator Singleton introduced to the Senate, the Steven Barker, Clinton; and Steven was made an Joplin Chamber of Commerce. honorary page. Senator Yeckel introduced to the Senate, Senator Westfall introduced to the Senate, students from St. Catherine Labore School, Brandt Shields, St. Joseph; and Brandt was made St. Louis County; and George Fuchs, Marissa an honorary page. Nasland, Katie Powell and Nick Schiro were made honorary pages. On behalf of Senator Klindt and himself, Senator Staples introduced to the Senate, former Senator Wiggins introduced to the Senate, Ed State Senator, Congressman Sam B. Graves, Rucker, Dorothy Curry and Wadandra McBride, Tarkio. Kansas City. On motion of Senator Kenney, the Senate Senator Kenney introduced to the Senate, adjourned under the rules. Journal of the Senate 802

SENATE CALENDAR ______

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

FORMAL CALENDAR

HOUSE BILLS ON SECOND READING

HB 915-Graham, et al HS for HB 882-Crump HS for HB 891-Smith

THIRD READING OF SENATE BILLS

SCS for SBs 69 & 458-Gross SCS for SBs 52 & 91-Childers (In Budget Control) (In Budget Control) SCS for SBs 247 & 330- SS for SCS for SJRs 1 Westfall and Staples & 4-Schneider (In Budget Control) (In Budget Control) SS for SCS for SBs 551, 410, 539, 528 & 296-Sims (In Budget Control)

SENATE BILLS FOR PERFECTION

1. SB 369-Steelman and 12. SB 488-Klindt, et al, Stoll, with SCS with SCS 2. SB 505-Loudon, with SCS 13. SB 387-Goode, et al, 3. SB 578-Goode and with SCS Russell, with SCS 14. SB 455-Kinder, et al, 4. SBs 448 & 588-Sims, with SCS et al, with SCS 15. SBs 334 & 228-Kinder, 5. SB 535-Rohrbach, with SCS with SCS 6. SB 66-Gibbons, with SCS#2 16. SB 469-Gross, et al 7. SB 525-Cauthorn, with SCS 17. SB 546-Kenney, et al, with SCS 8. SB 242-Kenney 18. SB 337-House and Kinder 9. SB 225-Mathewson, 19. SB 593-Klindt, with SCS with SCS 20. SB 509-Cauthorn and Klindt 10. SB 180-Klarich 21. SBs 42 & 108-Kenney, 11. SB 583-Yeckel with SCS 803 Fifty-Seventh Day—Wednesday, April 18, 2001

22. SB 565-Staples 26. SBs 249 & 523-Wiggins, 23. SB 596-Loudon with SCS 24. SB 597-Singleton 27. SBs 508 & 468-Cauthorn 25. SB 268-Schneider, and Klindt, with SCS with SCS

HOUSE BILLS ON THIRD READING

HCS for HB 274, with HCS for HB 11, with SCS SCA 1 (Klindt) (Russell) HCS for HB 9, with SCS HCS for HB 12, with SCS (Russell) (Russell) HCS for HB 10, with SCS HCS for HB 207, with SCA 1 (Russell) (In Budget Control)

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

SB 27-Johnson and SBs 238 & 250-Staples, et Westfall, with SCS, SS al, with SCS (pending) for SCS & SA 1 (pending) SB 239-Stoll, with SCS & SB 65-Gibbons, with SCS SA 11 (pending) SBs 67 & 40-Gross, with SB 251-Kinder SCS SBs 253 & 260-Gross, with SB 68-Gross and House SCS (pending) SB 99-Sims, with SCS SB 331-DePasco, et al, SB 114-Loudon, with SCS, with SCS & SS for SCS SS for SCS & SA 1 (pending) (pending) SB 373-Gibbons and Yeckel, SB 184-Johnson, et al, with SCS with SS#2 (pending) SB 375-Steelman, with SCS, SB 222-Caskey, with SA 3 SS for SCS, SA 1 & SSA 3 & SSA 1 for SA 3 for SA 1 (pending) (pending) SBs 391 & 395-Rohrbach, SB 226-Goode, et al, with with SCS & SS for SCS SCS, SS for SCS, SA 1, (pending) SSA 1 for SA 1 & SA 3 SB 438-Bentley and Stoll, to SSA 1 for SA 1 with SS, SS for SS & (pending) SA 1 (pending) Journal of the Senate 804

SB 445-Singleton, with SBs 476, 427 & 62-Yeckel, SCS & SS for SCS et al, with SCS, SS for (pending) SCS & SA 4 (pending) SB 454-Kinder, with SCS SBs 510, 512 & 133-Kenney, SBs 459, 305, 396 & 450- with SCS (pending) Westfall, with SCS & SJR 11-Yeckel SS for SCS (pending)

CONSENT CALENDAR

Senate Bills

Reported 2/5

SB 143-Childers

Reported 2/19

SB 315-Childers, with SCS

Reported 3/5

SB 354-Johnson and Scott, with SCS

Reported 3/12

SB 526-Dougherty, with SCS House Bills

Reported 4/10

HB 664-Skaggs (Yeckel) HB 129-Van Zandt and HB 491-George, with SCS Campbell (Klarich) (Goode) HB 48-Relford (Mathewson) HB 236-Smith, with SCS HB 801-Liese and Wagner, (Caskey) with SCS (Yeckel) HB 266-Treadway (Gross) HB 218-Farnen, et al HB 745-Farnen (Mathewson) (Kenney) HB 180-Thompson, et al (In Budget Control) (Sims) 805 Fifty-Seventh Day—Wednesday, April 18, 2001

Reported 4/11

HB 454-Monaco (Dougherty) HB 590-Graham (Gibbons) HB 537-Ostmann, et al HBs 808 & 951-Gratz and (Klarich) Vogel, with SCS HB 603-Hilgemann, et al, (Rohrbach) with SCS (Sims) HB 742-Harding, et al, HB 212-Ward, with SCS with SCS (Johnson) (Rohrbach) HB 922-Gaskill and HB 644-Burton, with SCS Bartelsmeyer (Childers) (Jacob) HB 909-Davis (Mathewson) HB 459-Liese, et al, with HB 779-Barnett (Klindt) SCS (Rohrbach) HB 600-Hosmer and Marsh HB 732-Hosmer (Staples) (Bentley) HB 693-Smith and Carnahan, HB 596-Kennedy and with SCS (Klarich) Gambaro (Scott) HB 955-Green (73), with HB 502-Ward (Staples) SCA 1 (Goode) HB 410-Holt, et al (House) HB 933-Reid (Gibbons) HB 409-Surface (Singleton) HB 816-Kennedy and HB 408-Kelley (47) Gambaro (Gibbons) (Kenney) HB 825-Kennedy (Klarich) HB 84-Richardson HB 321-Skaggs, et al (Childers) (Wiggins) HB 788-O'Connor (Gross)

Reported 4/12

HB 78-Kennedy and HB 458-Lawson, et al Richardson (Klarich) (Klindt) HB 285-Riback Wilson, et al HB 470-Shields and HB 607-Treadway, et al, Hegeman (Johnson) with SCS (Sims) HBs 648, 477 & 805- HB 796-Hosmer, with SCS Ostmann, et al, with (Singleton) SCS (Westfall) HB 111-Ladd Baker (Gross) HB 691-Barnett, et al, HCS for HB 106 (Bland) with SCS (Klindt) HB 431-Barry (Singleton) HB 897-Kreider, et al HB 52-Ward and Crump, (Klindt) with SCAs 1 & 2 (Staples) HB 45-Farnen (Bentley) HB 945-Hosmer, with SCS HB 309-McKenna, et al (Bentley) (Stoll) HB 420-Williams, et al HB 865-Davis (Caskey) (Westfall) HB 725-Britt (Foster) Journal of the Senate 806

HB 881-Scott, et al, with HB 498-Wagner and McKenna, SCS (Rohrbach) with SCS (Stoll) HB 606-Kennedy, et al, HB 679-Boykins (Sims) with SCS (Yeckel) HB 473-Robirds, with SCS HB 202-Rizzo, with SCS (Kenney) (Foster) HB 242-Smith, with SCS (House) HB 904-Merideth, et al, HB 361-Shoemyer, with SCS with SCS (Foster) (Goode)

RESOLUTIONS

SR 345-Quick, et al SR 346-Kinder, with SA 3 & SSA 1 for SA 3 (pending)

Reported from Committee

SCR 8-Caskey, with SA 2 HCR 16-Green and Holt (pending) (House) SCR 17-Steelman, et al SR 495-Klarich, with SCS

Requests to Recede or Grant Conference

SS for SCR 2-Singleton, with HCS (Senate requests House recede or grant conference)

7