Journal of the Senate

SECOND REGULAR SESSION

FIFTY-EIGHTH DAY--TUESDAY, APRIL 23, 2002

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Nothing is more highly to be prized than the value of each day." (Goethe)

Creator Lord, we thank You for this day and the opportunities and challenges that we will each face. Bless us with the wisdom and courage to meet whatever comes our way and do so with grace and love. 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.

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

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

The Senate stood for a moment of silent prayer for Senator Ronnie DePasco.

CONCURRENT RESOLUTIONS

Senator Caskey offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 67

WHEREAS, Echostar Communications Corporation proposes to acquire Hughes Electronics; and

WHEREAS, through their services known as Dish Network and DirecTV, the two companies together control virtually one hundred percent of the market for direct broadcast satellite services (DBS); and

WHEREAS, a significant portion of Missourians have no option for multi-channel programming services other than through satellite services; and

WHEREAS, Echostar's acquisition of DirecTV would result in the consolidation of the DBS industry to one DBS provider; and

WHEREAS, there is no reliable mechanism to enforce the commitments by Echostar and DirecTV to provide a national pricing plan, rural broadband and local television stations into the local television markets; and

WHEREAS, competition is the best way to ensure innovation, quality service and a fair price to consumers; and

WHEREAS, the companies have made application to the Federal Communications Commission asking that they be allowed to transfer licenses to complete the merger; and

WHEREAS, the companies have notified the Department of Justice, as required by federal law, of their intent to merge:

NOW, THEREFORE, BE IT RESOLVED by the members of the Senate of the Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, that the state of Missouri believes that continued competition in the marketplace by retaining independent DBS companies is the best way to provide continued pricing incentives, technological innovations and more choices for consumers, and

BE IT FURTHER RESOLVED that the state of Missouri does not believe it to be in the best interest of consumers for this merger to be approved; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the Federal Communications Commission and the Department of Justice.

RESOLUTIONS

Senator Goode offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1551

WHEREAS, the members of the Missouri Senate proudly pause to recognize those special young people who have exemplified the finest qualities of citizenship and leadership by taking an active part in state government; and

WHEREAS, Dominick Wright, a student at Truman State University in Kirksville, has distinguished himself as an Intern for the Honorable Wayne Goode, State Senator from the 13th District; and

WHEREAS, Dominick Wright joined the staff of Senator Goode for the Second Regular Session of the Ninety-first General Assembly as part of the Missouri State Intern Program at the state capitol in Jefferson City, a program designed to involve college students in the legislative process through active participation; and

WHEREAS, Dominick Wright has experienced the opportunity to observe firsthand the inner workings of state government and has gained valuable insight into the process by which laws are made; and

WHEREAS, Dominick Wright has successfully demonstrated his abilities in the performance of such duties as conducting research, serving as legislative aide and session attendant, helping with constituent services, and assuming various other responsibilities to make the office of Senator Goode run as smoothly as possible; and

WHEREAS, Dominick Wright has earned recognition as a valuable asset to Senator Goode and the entire Missouri Legislature through the application of knowledge and skills acquired prior to his tenure as an Intern and a variety of visible new skills which will be of tremendous value in the job market:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, hereby proudly join the Honorable Wayne Goode in commending Dominick Wright for his many important contributions to our State Legislature during the current session, and further extend to him our very best wishes for continued success and happiness in all future endeavors; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Dominick Wright, as a measure of our gratitude.

Senator Loudon offered the following resolution, which was referred to the Committee on Rules, Joint Rules, Resolutions and Ethics:

SENATE RESOLUTION NO. 1552

WHEREAS, the St. Louis Leather and Lace organization is sponsoring a convention known as "Beat Me in St. Louis"; and

WHEREAS, this is an annual event sponsored by the St. Louis Leather and Lace organization, dedicated to the free expression of alternative lifestyles; and

WHEREAS, the convention is held at the Howard Johnson Hotel in St. Louis, April 26-28; and

WHEREAS, the Howard Johnson Hotels hold themselves out to be a "family-oriented" hotel chain and encourage families to use their facilities for family vacations; and

WHEREAS, this event is held in a place in which other hotel guests may be exposed to the activities of the convention; and

WHEREAS, event materials promise "dungeon parties" with "flogging and cutting", suggesting a "tarp or drop cloth" be used for "messy blood scenes and other bodily fluids"; and

WHEREAS, sadomasochist behavior of this kind spreads disease; and

WHEREAS, engaging in deviant sexual behavior and experimentation is widely recognized by experts to lead to more extreme behavior, particularly the victimization of women and children who are not "consenting"; and

WHEREAS, by allowing the "Beat Me in St. Louis" gathering to be held at their hotel, the Howard Johnson hoteliers are contributing to the overall risk to the health and welfare of their other patrons and the public:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, Ninety-first General Assembly, Second Regular Session, hereby condemn the Howard Johnson Hotel chain and urge no other hotel chain in this state to host events that encourage activities which are dangerous to the public health and welfare; and

BE IT FURTHER RESOLVED that the State Department of Health and the State Attorney General shall be called upon to investigate the safety and legality of this event including but not limited to, violations of Missouri health and welfare statute, Section 191.680, RSMo; and

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

Senator Caskey offered Senate Resolution No. 1553, regarding Jeremiah Cover, which was adopted.

Senator Schneider offered Senate Resolution No. 1554, regarding Jami Brink, which was adopted.

CONCURRENT RESOLUTIONS

Senators Mathewson and Steelman offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 68

WHEREAS, the cost for health care coverage continues to escalate at an ever-alarming rate; and

WHEREAS, other critical functions of state government limit the resources available to the State of Missouri to appropriately offset these costs to its employees and retirees; and

WHEREAS, it is in the best interest of the State of Missouri, as an employer, to purchase health care coverage in as efficient and cost-effective manner as possible; and

WHEREAS, Article XIII, Section 1 of the Missouri Constitution authorizes the General Assembly to provide or contract for health insurance benefits, including but not limited to hospital, chiropractic, surgical, medical, optical, and dental benefits, for officers and employees of the state and their dependents, including those employees of entities controlled by boards or commissions created by this constitution; and

WHEREAS, in order to best accomplish this objective, the State of Missouri must consider and review all possible alternatives for continuing to provide quality health care coverage at affordable prices:

NOW, THEREFORE, BE IT RESOLVED by the members of the Senate of the Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, that the State of Missouri wishes to analyze the potential benefits and savings of combining the health care programs of the Missouri Consolidated Health Care Plan (MCHCP), the Department of Transportation (DOT), the Department of Conservation (DOC) and the University of Missouri (UMC) and jointly purchasing and/or otherwise providing health care coverage for their members; and

BE IT FURTHER RESOLVED that in order to effectively complete the analysis, all parties shall provide MCHCP with all the necessary and appropriate data required to determine the current administrative and claims costs as well as any reserve requirement; and

BE IT FURTHER RESOLVED that this data shall cover calendar year 2001 and shall at a minimum, consist of the following:

I. Operational Cost

a. Personnel

b. Expense and equipment

c. Total

II. Claims Cost

a. Actives/dependents (dollar amount)

b. Retirees/dependents (dollar amount)

c. Total (dollar amount)

d. Reserve history (available reserve and actuarial need)

III. Demographic Data (member level file by zip code)

a. Age

b. Sex

c. Status (active, retiree, etc.)

d. Level of coverage

IV. Network

a. Provider file

b. Provider discounts (to remain confidential)

V. Premium Contribution Structure

a. Actives

b. Retirees; and

BE IT FURTHER RESOLVED that this information shall be made available for possible inclusion in the current or future request for proposals (RFPs) from the MCHCP, with every attempt being made to have it available for the current RFP scheduled for release on May 7, 2002; and

BE IT FURTHER RESOLVED that the four health care programs shall jointly strive to determine potential outcomes of this endeavor and the final impact that this group purchasing effort could have for the State of Missouri.

SENATE BILLS FOR PERFECTION

Senator Jacob moved that SB 1191, with SS and SA 4 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 4 was again taken up.

At the request of Senator Rohrbach, SA 4 was withdrawn.

SS for SB 1191, as amended, was again taken up.

At the request of Senator Jacob, SS for SB 1191, as amended, was withdrawn.

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

SENATE SUBSTITUTE NO. 2 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 No. 2 for SB 1191 be adopted.

Senator Klarich offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 for Senate Bill No. 1191, Page 2, Section 8.500, Lines 4-7, by deleting said lines, and replace in lieu thereof, the following:

"(6) "Program plan", the tobacco settlement program to provide funds for budget purposes to fund one time expenditures excluding life science research, short-term revenue shortfalls for existing programs, and to fund capital projects.".

Senator Klarich moved that the above amendment be adopted.

Senator Gross assumed the Chair.

Senator Klarich offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 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 substitute amendment be adopted.

Senator Jacob raised the point of order that SSA 1 for SA 1 is out of order in that the amendment goes beyond the scope and purpose of the bill and is therefore not germane.

The point of order was referred to the President Pro Tem, who took it under advisement which placed SB 1191, with SS No. 2, SA 1 and SSA 1 for SA 1 (pending) on the Informal Calendar.

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 SS No. 2 for SCS for SBs 984 and 985; SCS for SBs 662 and 704; and SS for SCS for SB 1059, begs leave to report that it has considered the same and recommends that the bills do pass.

REFERRALS

President Pro Tem Kinder referred HCS for HB 1711 to the Committee on State Budget Control.

President Pro Tem Kinder assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and CCS for SCS for HCS for HB 1115, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

On motion of Senator Kenney, the Senate recessed until 1:30 p.m.

RECESS

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

RESOLUTIONS

Senators House and Gross offered Senate Resolution No. 1555, regarding Phyllis Schneider, St. Charles County, which was adopted.

Senator Jacob offered Senate Resolution No. 1556, regarding Randy Cole, which was adopted.

Senator Jacob offered Senate Resolution No. 1557, regarding Larry Henneke, Columbia, which was adopted.

THIRD READING OF SENATE BILLS

SS for SCS for SB 1059 was placed on the Informal Calendar.

SCS for SBs 662 and 704, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 662 and 704

An Act to repeal sections 150.465, 191.905, 252.235, 367.031, 367.044, 367.055, 569.095, 569.097, 569.099, 570.010, 570.020, 570.030, 570.080, 570.085, 570.090, 570.120, 570.123, 570.125, 570.130, 570.210, 570.300, 578.150, 578.377, 578.379, 578.381 and 578.385, RSMo, relating to stolen property and services, 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 662 and 704 was read the 3rd time and passed by the following vote:

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

SS No. 2 for SCS for SBs 984 and 985, introduced by Senator Steelman, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 984 and 985

An Act to repeal sections 250.140, 640.100, 643.220, 644.016, 644.036, 644.051, 644.052 and 644.076, RSMo, relating to the department of natural resources, and to enact in lieu thereof twelve new sections relating to the same subject.

Was taken up.

Senator Klarich assumed the Chair.

On motion of Senator Steelman, SS No. 2 for SCS for SBs 984 and 985 was read the 3rd time and passed by the following vote:

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

SRB 1236, introduced by Senator Rohrbach, entitled:

An Act to repeal sections 141.265, 142.027, 313.335, 640.169, 640.170, 640.172, 640.175, 640.177, 640.179, 640.180, 640.182, 640.185, 640.195, 640.200, 640.203, 640.205, 640.207, 640.210, 640.212, 640.215 and 640.218, RSMo 2000, and section 217.440 as enacted by senate committee substitute for senate bill no. 430 of the eighty-ninth general assembly, first regular session, for the purpose of repealing expired provisions of law and sections made obsolete by expired provisions of law.

Was taken up.

On motion of Senator Rohrbach, SRB 1236 was read the 3rd time and passed by the following vote:

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.

SCS for SB 1026, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1026

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to health insurance coverage.

Was taken up by Senator Kenney.

On motion of Senator Kenney, SCS for SB 1026 was read the 3rd time and passed by the following vote:

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 No. 2 for SCS for SBs 688, 663, 691, 716, 759, 824 and 955, introduced by Senator Gibbons, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 688, 663, 691, 716, 759, 824 and 955

An Act to repeal sections 137.073, 137.115, 138.060 and 138.100, RSMo, relating to the assessment and levy of property taxes, and to enact in lieu thereof four new sections relating to the same subject, with an effective date.

Was taken up.

Senator Gross assumed the Chair.

On motion of Senator Gibbons, SS No. 2 for SCS for SBs 688, 663, 691, 716, 759, 824 and 955 was read the 3rd time and passed by the following vote:

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

SCS for SB 954 was placed on the Informal Calendar.

SB 1014, introduced by Senators Klindt and Kinder, entitled:

An Act to repeal sections 28.600, 28.603, 28.606, 28.609, 28.612, 28.615, 28.618, 28.621, 28.624, 28.627, 28.630, 28.633, 28.636, 28.639, 28.642, 28.645, 28.648, 28.651, 28.654, 28.657, 28.660, 28.663, 28.666, 28.669, 28.672, 28.675, 28.678 and 28.681, RSMo, relating to the uniform electronic transactions act, and to enact in lieu thereof seventeen new sections relating to the same subject.

Was taken up by Senator Klindt.

On motion of Senator Klindt, SB 1014 was read the 3rd time and passed by the following vote:

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.

SCS for SB 739, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 739

An Act to repeal sections 436.200, 436.205, 436.209 and 436.212, RSMo, and to enact in lieu thereof eighteen new sections relating to athlete agents.

Was taken up by Senator Wiggins.

On motion of Senator Wiggins, SCS for SB 739 was read the 3rd time and passed by the following vote:

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 SB 1060, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1060

An Act to repeal sections 52.250, 52.290 and 59.042, RSMo, relating to county collectors and treasurers ex officio collectors, and to enact in lieu thereof ten new sections relating to the same subject.

Was taken up by Senator Westfall.

On motion of Senator Westfall, SCS for SB 1060 was read the 3rd time and passed by the following vote:

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 SCS for SB 1107, introduced by Senator Childers, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1107

An Act to repeal sections 190.044, 190.050, 190.092, 190.094, 190.100, 190.101, 190.102, 190.105, 190.108, 190.109, 190.120, 190.142, 190.143, 190.160, 190.165, 190.171, 190.175, 190.185, 190.196 and 321.130, RSMo, relating to provisions of emergency services, and to enact in lieu thereof thirty-three new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator Childers, SS for SCS for SB 1107 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Mathewson moved that SB 1248, with SCAs 1 and 2, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

SCA 2 was taken up.

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

Senator Mathewson offered SS for SB 1248, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 1248

An Act to repeal sections 143.225, 143.261, 143.811 and 144.190, RSMo, and to enact in lieu thereof four new sections relating to assessment, collection and refund procedures of taxes, with an emergency clause.

Senator Mathewson moved that SS for SB 1248 be adopted.

Senator Klindt offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 1248, Pages 3-6, Section 143.225, by striking said section from the bill; and

Further amend said bill, Page 10, Section 143.261, Lines 7-19 of said page, by striking said section from the bill; and

Further amend the title and enacting clause accordingly.

Senator Klindt moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Quick, Singleton, Russell and Staples.

SA 1 failed of adoption by the following vote:

Senator Singleton offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 1248, Page 10, Section 144.190, Line 6, by inserting after all of said line the following:

"313.820. 1. An excursion boat licensee shall pay to the commission an admission fee of two dollars and fifty cents for each person embarking on an excursion gambling boat with a ticket of admission. One dollar of such fee shall be deposited to the credit of the gaming commission fund as authorized pursuant to section 313.835, and one dollar of such fee shall not be considered state funds and shall be paid to the home dock city or county. The remainder of such fee shall be utilized in FY04 for a two percent state employee pay raise. For all fiscal years thereafter, the remainder of such fee shall only be utilized for state employee compensation. Subject to appropriation, one cent of such fee deposited to the credit of the gaming commission fund may be deposited to the credit of the compulsive gamblers fund created pursuant to the provisions of section 313.842. Nothing in this section shall preclude any licensee from charging any amount deemed necessary for a ticket of admission to any person embarking on an excursion gambling boat. If tickets are issued which are good for more than one excursion, the admission fee shall be paid to the commission for each person using the ticket on each excursion that the ticket is used. If free passes or complimentary admission tickets are issued, the excursion boat licensee shall pay to the commission the same fee upon these passes or complimentary tickets as if they were sold at the regular and usual admission rate; however, the excursion boat licensee may issue fee-free passes to actual and necessary officials and employees of the licensee or other persons actually working on the excursion gambling boat. The issuance of fee-free passes is subject to the rules of the commission, and a list of all persons to whom the fee-free passes are issued shall be filed with the commission.

2. All licensees are subject to all income taxes, sales taxes, earnings taxes, use taxes, property taxes or any other tax or fee now or hereafter lawfully levied by any political subdivision; however, no other license tax, permit tax, occupation tax, excursion fee, or taxes or fees shall be imposed, levied or assessed exclusively upon licensees by a political subdivision. All state taxes not connected directly to gambling games shall be collected by the department of revenue. Notwithstanding the provisions of section 32.057, RSMo, to the contrary, the department of revenue may furnish and the commission may receive tax information to determine if applicants or licensees are complying with the tax laws of this state; however, any tax information acquired by the commission shall not become public record and shall be used exclusively for commission business."; and

Further amend the title and enacting clause accordingly.

Senator Singleton moved that the above amendment be adopted.

At the request of Senator Mathewson, SB 1248, with SS and SA 2 (pending), was placed on the Informal Calendar.

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 23, 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:

Patti L. Banks, 441 North Leonard, Liberty, Clay County, Missouri 64068, 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 her 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 23, 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 S. Gaal, 211 Spring Oaks Court, Ballwin, St. Louis County, Missouri 63011, as a member of the Missouri Training and Employment Council, for a term ending January 11, 2004, and until his successor is duly appointed and qualified; vice, Palmer Nichols, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 23, 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 H. Marty, 1411 Bennington, Mexico, Audrain County, Missouri 65265, as a member of the Children's Trust Fund Board, for a term ending September 15, 2003, and until his successor is duly appointed and qualified; vice, Thomas Whelan, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 23, 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:

Shirley M. Sweet, 816 South Hanley Road 11D, Clayton, St. Louis County, Missouri 63105, as a member of the State Board of Barber Examiners, for a term ending September 1, 2002, and until her successor is duly appointed and qualified; vice, Ann D. Laird, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 23, 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:

William L. Treece, Route 1 Box 126, Sweet Springs, Saline County, Missouri 65351, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2004, 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

April 23, 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:

Kathleen Warman, 4602 Northwest Baltimore, Kansas City, Clay County, Missouri 64116, as a member of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects, for a term ending September 1, 2004, and until her successor is duly appointed and qualified; vice, Victoria L. Noteis, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

REFERRALS

President Pro Tem Kinder referred SCR 68 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

RESOLUTIONS

Senator Coleman offered Senate Resolution No. 1558, regarding Jennifer Leon, which was adopted.

Senator Kenney offered Senate Resolution No. 1559, regarding Michael J. Althoff, Blue Springs, which was adopted.

Senator Bentley offered Senate Resolution No. 1560, regarding Jeff Russell, which was adopted.

Senator Bentley offered Senate Resolution No. 1561, regarding Jon L. Jones, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1562, regarding Jessica Kolker, Rolla, which was adopted.

Senator Bentley offered Senate Resolution No. 1563, regarding Amanda Koelling, Linn Creek, which was adopted.

Senator Bentley offered Senate Resolution No. 1564, regarding Rhiannon Hickman, Buffalo, which was adopted.

Senator Bentley offered Senate Resolution No. 1565, regarding Lindsey Tyler, Osage Beach, which was adopted.

Senator Bentley offered Senate Resolution No. 1566, regarding Christie Matthews, Bolivar, which was adopted.

Senator Bentley offered Senate Resolution No. 1567, regarding Patricia "Trish" Thiesen, Buffalo, which was adopted.

Senator Bentley offered Senate Resolution No. 1568, regarding Jessica Perkins, Marshfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1569, regarding Meleah Manes, Bolivar, which was adopted.

Senator Bentley offered Senate Resolution No. 1570, regarding Rachel Noblitt, Bolivar, which was adopted.

Senator Bentley offered Senate Resolution No. 1571, regarding Mandy Wilson, Bolivar, which was adopted.

Senator Bentley offered Senate Resolution No. 1572, regarding Ashley Rudd, Bolivar, which was adopted.

Senator Bentley offered Senate Resolution No. 1573, regarding Tiffany Phillips-Juliano, Battlefield, which was adopted.

Senator Bentley offered Senate Resolution No. 1574, regarding Amber Spohn, Galena, which was adopted.

Senator Bentley offered Senate Resolution No. 1575, regarding Deanna Tennison, Bolivar, which was adopted.

Senator Bentley offered Senate Resolution No. 1576, regarding Heather Stottle, Taneyville, which was adopted.

Senator Bentley offered Senate Resolution No. 1577, regarding Jessica Derr, Waynesville, which was adopted.

Senator Bentley offered Senate Resolution No. 1578, regarding Joyce Burns, Bolivar, which was adopted.

COMMUNICATIONS

Senator Quick submitted the following:

April 23, 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 Maida Coleman to the State Budget Control Committee to fill the temporary vacancy created by the absence of Senator Ronnie DePasco.

Sincerely,

/s/ Ed Quick

Edward E. Quick

Minority Floor Leader

Also,

April 23, 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 Edward Quick to the Senate Transportation Committee to fill the temporary vacancy created by the absence of Senator Ronnie DePasco.

Sincerely,

/s/ Ed Quick

Edward E. Quick

Minority Floor Leader

INTRODUCTIONS OF GUESTS

Senator Cauthorn introduced to the Senate, his daughter, Kaitlyn, and Lieutenant Governor Joe Maxwell's daughter, Megan, Mexico.

Senator Kennedy introduced to the Senate, Dennis, Marcy, Edward and Elizabeth Pivin, St. Louis; and Elizabeth was made an honorary page.

On behalf of Senator Bland and himself, Senator Wiggins introduced to the Senate, Mrs. Rosemary Lowe, Kansas City.

Senator Klindt introduced to the Senate, KaLea Kunkel, Oregon.

The President introduced to the Senate, Jo Turchie, Mexico; and CO-ED Pageant Contest winners.

Senator Bentley introduced to the Senate, her son, Christopher, and her granddaughter, Emma, Christina Fox and Katie Lohmeyer, Springfield; and Emma, Christina and Katie were made honorary pages.

On behalf of Senator Rohrbach and himself, Senator Loudon introduced to the Senate, Ron Kaiser and Bob Moses, Jefferson City.

Senator Schneider introduced to the Senate, Heather Lindgren and Adair Stokan, St. Louis County; and Heather and Adair were made honorary pages.

Senator Bentley introduced to the Senate, participants in "Take Your Daughter to Work" Day.

Senator Cauthorn introduced to the Senate, Bill Martin, Perry.

Senator Stoll introduced to the Senate, Karen Propst, Shirley Versemann, Tracy Darian and 34 seventh and eighth grade students from Our Lady's School, Festus.

Senator Russell introduced to the Senate, Bill C. Monday and Allen L. Schaper, Buffalo.

Senator Caskey introduced to the Senate, Katie Dyer and eighth grade students and sponsors from Cass Midway School, Cleveland.

Senator Gibbons introduced to the Senate, his daughter, Meredith, St. Louis; and Meredith was made an honorary page.

Senator Sims introduced to the Senate, Jasmine McGee, Jasmine Lowe, Ametra Harris and Rhonda Ford, St. Louis; and Jasmine, Jasmine and Ametra were made honorary pages.

Senator Loudon introduced to the Senate, Taylor Jewel and fourth grade students from Kirk of the Hills Day School, Chesterfield; and Taylor was made an honorary page.

Senator Yeckel introduced to the Senate, 70 sixth grade students and adults from St. Simon School, St. Louis; and Annie Brotherton, Kyle Bruer, Erin Eastman and Will Groeller were made honorary pages.

Senator Wiggins introduced to the Senate, Ken Hoffman, Kansas City.

Senator Stoll introduced to the Senate, Mrs. Cooseman, Mrs. Pryor and 63 fourth grade students from Hillsboro Elementary School, Hillsboro.

Senator Sims introduced to the Senate, 30 fourth grade students and parents from Our Lady of the Pillar School, St. Louis.

Senator Kinder introduced to the Senate, Phyllis Schlafly, Cape Girardeau.

Senator Foster introduced to the Senate, students from Southern Missouri Christian School, Poplar Bluff.

Senator Johnson introduced to the Senate, Ida Keuhn, Mike McEnaney and Jason Douglas, St. Joseph; Marilyn Finney, Agency; Sarah Kurtz, Mound City; Cindy Gayer, Gower; and Twyla Morgan, Faucett.

Senator Rohrbach introduced to the Senate, Charla Lear, Dennis Vogel, Ashley Bledsoe, Dallas Gipson, Heather Russell, Kelly Richard and Allyson Srch, Weaubleau.

Senator Klarich introduced to the Senate, Vincint Schmidt and 34 fourth grade students from Linda Vista School, Chesterfield.

Senator Loudon introduced to the Senate, Dr. Curtis Harris, Norman, Oklahoma; Barb and Ron Quigley, and Rev. Mike Schultz, Manchester.

Senator Cauthorn introduced to the Senate, Angie Fields and Joni Fields, Paris; and 60 AFS students.

Senator Kinder introduced to the Senate, students, teachers and parents from St. Paul's Lutheran School, Jackson.

Senator Caskey introduced to the Senate, David and Lisa Brooks, Hume; and Candy Johnson and Tonni Cannon, Holden.

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

SENATE CALENDAR

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FIFTY-NINTH DAY-WEDNESDAY, APRIL 24, 2002

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FORMAL CALENDAR

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

INFORMAL CALENDAR

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION