Journal of the Senate

SECOND REGULAR SESSION

SIXTY-SECOND DAY--TUESDAY, APRIL 30, 2002

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"You will surely wear yourself out, both you and these people with you. For the task is too heavy for you; you cannot do it alone." (Exodus 18:18)

Merciful God, You have given us much to do and we are grateful for the work but time is diminishing as the calendar marks the end of this session. Grant us wisdom to work together, to ask for help and be the Senate You have called together to serve the people of this state. And we pray for Senator Sims' husband's continued recovery and his healing complete. 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.

Senator Kenney requested unanimous consent of the Senate to correct the Senate Journal for Thursday, April 25, 2002, Page 986, Column 1, Line 8, by deleting said line and inserting in lieu thereof the following:

"and recommends that the Senate Committee Substitute, hereto attached, do pass.", which request was granted.

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

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

RESOLUTIONS

Senator Singleton offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1634

WHEREAS, it is with special pleasure that the members of the Missouri Senate pause to recognize the Honorable Sam Gaskill, Missouri State Representative from the 131st District, who commemorated the resplendent occasion of his Seventieth Birthday on March 8, 2002; and

WHEREAS, Sam Gaskill came into this world in Joplin, Missouri, on March 8, 1932, as the tiny infant son born to proud and loving parents Sam and Dorothy Gaskill, who welcomed him into their hearts as a precious gift from God; and

WHEREAS, a graduate of Joplin Senior High School, Representative Gaskill received his Associate's degree in Agriculture from Crowder College, his Bachelor's degree from the University of Missouri-Columbia, and his M.B.A from Auburn University; and

WHEREAS, Sam Gaskill dutifully served his country in the United States Air Force for twenty-two years as an officer through the rank of colonel in operations, intelligence, budgeting, and comptroller work, and as a command pilot who flew 232 jet fighter combat missions in Vietnam; and

WHEREAS, following his military service, Sam Gaskill worked as a real estate broker in Carthage where he was elected twice as president of the Realtors Board, and served as a real estate appraiser in the five counties of Missouri's southwest corner; and

WHEREAS, Sam Gaskill was elected to the Missouri House of Representatives in 1994, since which time he has never missed a day of work at the Capitol in eight years of service, has continually focused on accountability in public service and efficiency in management of public resources, and has served on such important House committees as Commerce and Economic Development; Judiciary; Miscellaneous Bills and Resolutions; and Public Safety, Law Enforcement, and Veteran Affairs; and

WHEREAS, a successful beef cattle and elk rancher, Sam Gaskill has been abundantly blessed with the love and admiration of a wonderful family whose members include his two daughters, Cheryl Dobson of Joplin and Carrie Myers of Denver, Colorado, and his three grandchildren, Andrew and William Dobson, and Ella Myers:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, unanimously join in extending our most hearty congratulations and birthday greetings to Representative Gaskill at this significant milestone and in wishing him tremendous peace and contentment as he continues his journey along life's path; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the Honorable Sam Gaskill of Washburn, Missouri.

Senator Goode offered Senate Resolution No. 1635, regarding George Stone, Normandy, which was adopted.

CONCURRENT RESOLUTIONS

Senator Bland offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 72

WHEREAS, the Kansas City School District is working toward providing students with knowledge, skills, abilities and attitudes so that they may become life-long learners and have the capacity for leadership and service; and

WHEREAS, the Kansas City School District has diligently worked to re-obtain accreditation; and

WHEREAS, the State Board of Education voted to reinstate the Kansas City School District to provisionally accredited status on April 17, 2002; and

WHEREAS, it is both a source of great joy and inspiration to the Kansas City School District to receive such a vote of confidence from the State Board of Education; and

WHEREAS, citizens residing in the Kansas City School District should work together to develop ideas to help the school district continue their efforts towards full accreditation:

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, hereby establish a planning commission for the Kansas City School District be created, to be comprised of fifteen members of whom shall be residents of the Kansas City, Missouri School District or a corporation or organization currently located in the school district; and

BE IT FURTHER RESOLVED that the planning commission conduct research, review and evaluate key issues related to the Kansas City School District and make recommendations for ways that the district may improve education, improve student performance and meet requirements applicable to school districts; and

BE IT FURTHER RESOLVED that the planning commission shall consist of seventeen members selected as follows:

(1) The superintendent of the Kansas City Missouri school district shall serve as ex-officio member;

(2) The president of the school board of the Kansas City Missouri school district shall serve as ex-officio member;

(3) The president of the local chapter of the American Federation of Teachers shall serve as a member;

(4) One member, resident in the district, shall be appointed by the local chapter of the National Education Association;

(5) One member shall be the president of the local AFL/CIO chapter;

(6) The chancellor of Rockhurst College shall serve as ex-officio member;

(7) The chancellor of the University of Missouri-Kansas City shall serve as ex-officio member;

(8) The president of Lincoln University shall appoint a member who is a resident of the district with expertise in education issues;

(9) One member shall be the chief executive officer of the Kansas City urban league;

(10) One member shall be the president of the parent's association for the district;

(11) One member shall be the chief executive officer of a large corporation with an office in Kansas City, appointed by the Kansas City chamber of commerce;

(12) One member shall be a business person appointed by the Kansas City black chamber of commerce;

(13) One member shall be appointed by the NAACP;

(14) One member of the house of representatives who represents all or a portion of the school district and has expertise in education issues shall be appointed by the speaker of the house of representatives;

(15) One member who is a resident of the school district with expertise in education issues shall be appointed by the president pro tempore of the senate with the approval of the senators representing all or a portion of the school district; and

BE IT FURTHER RESOLVED that the members of the planning commission shall have expertise in either education, administration or business matters; and

BE IT FURTHER RESOLVED that a community advisory committee to the planning commission, consisting of residents of the school district, be established to serve as a liaison between the community and the planning commission; and

BE IT FURTHER RESOLVED that the community advisory committee to the planning commission shall consist of:

(1) One member appointed by each member of the house of representatives who represents all or a part of the school district;

(2) One member appointed by each member of the senate who represents all or a part of the school district;

(3) One member appointed by each member of the city council of the city containing the school district who represents all or a part of the school district;

(4) One member appointed by each member of the county legislature of the county containing the school district who represents all or a part of the school district; and

(5) Five members appointed by the governor, including two parents of resident pupils attending a district school, one grandparent of a resident pupil attending a district school and two members of the community.

Senator Bland offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 73

WHEREAS, current studies indicate that children left at home alone and unsupervised have lower academic test scores, have higher absentee rates at school, exhibit higher levels of fear, stress, nightmares, loneliness, and boredom, are 1.7 times more likely to use alcohol, and are 1.6 times more likely to smoke cigarettes; and

WHEREAS, recent data shows that violent juvenile crime rates soar and children are most likely to be victims of a violent crime committed by a nonfamily member between the hours of 3 p.m. and 8 p.m., the hours immediately after school; and

WHEREAS, according to the National Center for Juvenile Justice, children are at greater risk of being involved in crime, substance abuse, and teenage pregnancy in the hours after school, especially between the hours of 3 p.m. and 4 p.m.; and

WHEREAS, the most common activity for children after school is watching television, resulting in an average 23 hours of television watching per week; and

WHEREAS, the parents of more than 800,000 Missouri school-age children work outside the home; and

WHEREAS, according to the estimates of the Urban Institute of the United States Census Bureau, at least 7 million and as many as 15 million "latchkey children" return to an empty house on any given afternoon; and

WHEREAS, in the United States, families worry about their children being unsafe and having too much idle, unsupervised time; and

WHEREAS, the United States Departments of Education and Justice report that children in quality after-school programs have better academic performance, school attendance, behavior, and greater expectations for the future; and

WHEREAS, children who attend high quality after-school programs have better peer relations, emotional adjustment, conflict resolution skills, grades, and conduct in school compared to their peers who are not in after-school programs; and

WHEREAS, children who attend after-school programs spend more time in learning opportunities, academic activities, and enrichment activities, and spend less time watching television than their peers; and

WHEREAS, children who attend after-school programs miss fewer days of school, have better homework completion, better school behavior, and higher test scores; and

WHEREAS, the United States Congress has recognized the beneficial impact of after-school programs to our youth, and has increased the funding of after-school programs administered by the Missouri Department of Elementary and Secondary Education; and

WHEREAS, 92% of all Americans believe there should be organized activities for all youth during after-school hours; and

WHEREAS, it is estimated that less than 25% of all school-age children attend any after-school program, leaving 75% of our youth without a safe, supportive, and enriching environment during the unsupervised hours after the formal school day ends:

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 a Joint Interim Committee on After-school Programs be created, to be comprised of three members of the Senate, appointed by the President Pro Tem of the Senate and the Senate Minority Floor Leader and three members of the House of Representatives, appointed by the Speaker of the House of Representatives and the House Minority Floor Leader; and

BE IT FURTHER RESOLVED that the committee make a comprehensive analysis of the quantity and quality of Missouri after-school programs, including the solicitation of information from appropriate state agencies, public schools, youth development organizations, law enforcement agencies and juvenile officers, youth development and education experts, and the public (including youth) regarding the status of after-school programs; and

BE IT FURTHER RESOLVED that the committee, in consultation with the Departments of Elementary and Secondary Education and Social Services, make recommendations for an efficient and effective development plan to provide the opportunity for every Missouri school-age child to access quality after-school programs and design a system to train, mentor, and support after-school programs, and thereby guarantee their sustainability; and

BE IT FURTHER RESOLVED that the committee be authorized to hold hearings as it deems advisable, and that the staffs of Senate Research, House Research, and the Committee on Legislative Research provide such legal, research, clerical, technical, and bill drafting services requested by the committee; and

BE IT FURTHER RESOLVED that the General Assembly endorses all of state government to enthusiastically encourage our citizens to engage in innovative after-school programs and activities that ensure that all Missouri school-age children are not only safe, but also productive when the school day ends; and

BE IT FURTHER RESOLVED that the committee report its recommendations and findings to the General Assembly by January 1, 2003, and the authority of such committee shall terminate on December 31, 2002, unless reauthorized.

Senators Childers, Caskey, Kinder, Russell, Staples, Wiggins, Mathewson and Westfall offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 74

WHEREAS, the rugged and scenic landscape of Roaring River State Park is a landmark of Barry County and southwest Missouri; and

WHEREAS, Roaring River State Park provides hours of enjoyment for its visitors who partake in its fishing, hiking and camping opportunities; and

WHEREAS, the Inn and Conference Center at Roaring River State Park is the signature building in the Park; and

WHEREAS, Emory Melton was a state Senator representing Barry County and the area encompassing the Roaring River State Park for many years; and

WHEREAS, former state Senator Emory Melton was instrumental in furthering the development and enjoyment of the Park; and

WHEREAS, without Senator Melton's efforts, the Park would not be the tourist attraction that it is today; and

WHEREAS, Senator Melton deserves permanent recognition of his work on behalf of the Park:

NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby designate that the Inn and Conference Center at Roaring River State Park located in Barry County shall hereinafter be known as the "Emory Melton Inn and Conference Center"; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Governor and the Director of the Department of Natural Resources.

HOUSE BILLS ON THIRD READING

Senator Klarich moved that HB 1814, with SCA 1 (pending), be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCA 1 was again taken up.

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

On motion of Senator Klarich, HB 1814, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1715, introduced by Representative Moore, et al, entitled:

An Act to repeal section 476.753, RSMo, and to enact in lieu thereof one new section relating to interpreters for the hearing impaired.

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

On motion of Senator Klarich, HB 1715 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1768, with SCA 1, introduced by Representative Hosmer, et al, entitled:

An Act to repeal section 511.360, RSMo, and to enact in lieu thereof one new section relating to liens of a judgment or decree on real estate.

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

SCA 1 was taken up.

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

On motion of Senator Klarich, HB 1768, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1151, introduced by Representative Smith, entitled:

An Act to repeal section 469.411, RSMo, and to enact in lieu thereof one new section relating to disclaimers of property.

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

On motion of Senator Caskey, HB 1151 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1078, with SCS, introduced by Representative Whorton, et al, entitled:

An Act to amend chapter 221, RSMo, by adding thereto one new section authorizing a sales tax for regional jail districts and associated court facilities, with an expiration date.

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

SCS for HB 1078, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1078

An Act to amend chapter 221, RSMo, by adding thereto one new section authorizing a sales tax for regional jail districts and associated court facilities, with an expiration date.

Was taken up.

Senator Mathewson moved that SCS for HB 1078 be adopted.

At the request of Senator Mathewson, his motion was withdrawn which placed HB 1078, with SCS (pending) back on the Calendar.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 1279, SB 1162 and SB 1164, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SBs 1279, 1162 and 1164, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1279, 1162 and 1164

An Act to repeal sections 99.845 and 172.273, RSMo, and to enact in lieu thereof forty-eight new sections relating to community development, with a termination date for a certain section.

Was taken up.

Senator Kinder moved that SCS for SBs 1279, 1162 and 1164 be adopted.

Senator Kinder offered SS for SCS for SBs 1279, 1162 and 1164, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1279, 1162 and 1164

An Act to repeal sections 99.845, 172.273 and 253.559, RSMo, and to enact in lieu thereof twenty-seven new sections relating to community development, with a termination date for a certain section and an effective date for a certain section.

Senator Kinder moved that SS for SCS for SBs 1279, 1162 and 1164 be adopted.

At the request of Senator Kinder, SS for SCS for SBs 1279, 1162 and 1164 was withdrawn.

Senator Kinder offered SS No. 2 for SCS for SBs 1279, 1162 and 1164, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1279, 1162 and 1164

An Act to repeal sections 99.845, 172.273 and 253.559, RSMo, and to enact in lieu thereof twenty-seven new sections relating to community development, with a termination date for a certain section and an effective date for a certain section.

Senator Kinder moved that SS No. 2 for SCS for SBs 1279, 1162 and 1164 be adopted.

Senator Singleton assumed the Chair.

Senator Gross assumed the Chair.

Senator Singleton assumed the Chair.

At the request of Senator Kinder, SB 1279, SB 1162 and SB 1164, with SCS and SS No. 2 for SCS (pending), were placed on the Informal Calendar.

Senator Kinder moved that SB 1279, SB 1162 and SB 1164, with SCS and SS No. 2 for SCS (pending) be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Caskey requested unanimous consent of the Senate to include the rear gallery as a part of the Senate Chamber for purposes of establishing a quorum, which request was denied.

Senator Loudon assumed the Chair.

Senator House offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 39, Section 67.2054, Line 22 of said page, by inserting after all of said line the following:

"67.2056. Notwithstanding any other provision of sections 67.2000 to 67.2060 to the contrary, the state's portion of all sales tax revenue collected pursuant to sections 144.010 to 144.525, RSMo, when generated by sales inside, on the grounds of, or for tickets to any event in, any stadium located in and owned by any county of the first classification with a charter form of government with a population less than three hundred thousand for so long as said stadium is owned by said county of the first classification with a charter form of government with a population less than three hundred thousand, and is not owned, leased or operated by a regional convention and sports authority established pursuant to sections 67.650 to 67.658, shall be placed in a specially designated account established by the county of the first classification with a charter form of government with a population less than three hundred thousand which account shall not, the provisions of section 33.080, RSMo, to the contrary notwithstanding, be transferred and placed to the credit of the general revenue fund at the end of each biennium, for the sole purpose of maintenance, refurbishment, operation or debt service of such stadium."; and

Further amend the title and enacting clause accordingly.

Senator House moved that the above amendment be adopted.

Senator Jacob requested unanimous consent of the Senate to allow the conference committee on HCS for HB 1711, as amended, to meet while the Senate is in session, which request was denied.

Senator Cauthorn requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators Gross, House, Steelman and Rohrbach.

Senator Gross assumed the Chair.

SA 1 failed of adoption by the following vote:

Senator Goode offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 40, Section 67.2076, Line 1, by deleting all of said section; and

Further amend the title and enacting clause accordingly.

Senator Goode moved that the above amendment be adopted.

Senator Singleton assumed the Chair.

Senator Steelman requested a roll call vote be taken on the adoption of SA 2 and was joined in her request by Senators Cauthorn, Rohrbach, Russell and Wiggins.

SA 2 failed of adoption by the following vote:

Photographers from KSDK-TV and KMIZ-TV were given permission to take pictures in the Senate Chamber today.

Senator Cauthorn offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 31, Section 67.2033, Line 1, by deleting the words "seven million" and inserting in lieu thereof the following: "five hundred thousand"; and further amend said page and section, line 5, by deleting the word "for"; and further amend said page and section, lines 6-12, by deleting all of said lines and inserting in lieu thereof the following: ". On the date of the".

Senator Cauthorn moved that the above amendment be adopted.

Senator Kinder requested a roll call vote be taken on the adoption of SA 3 and was joined in his request by Senators Cauthorn, Childers, Yeckel and Klarich.

President Maxwell assumed the Chair.

Senator Kenney offered SSA 1 for SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 62, Section 99.845, Line 14, by inserting immediately after said line the following: "No funds shall be appropriated to the St. Louis Cardinals baseball team until the Cardinals owners and fans admit, without reservation and in writing, that they lost the 1985 World Series to the Kansas City Royals fair and square.".

Senator Kenney moved that the above substitute amendment be adopted.

Senator Goode raised the point of order that SSA 1 for SA 3 is out of order as it is not a true substitute amendment.

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

At the request of Senator Kenney, SSA 1 for SA 3 was withdrawn, rendering the point of order moot.

Senator Childers assumed the Chair.

SA 3 was again taken up.

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

President Maxwell assumed the Chair.

Senator Goode offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 37, Section 67.2054, Lines 22-29 of said page, by striking all of said lines and inserting in lieu thereof:

"(6) (a) In the event of the sale of the team, the team or its owners shall pay and be liable to the state for an amount equal to the higher of:

a. Ten percent of the sale price of the team; or

b. Three million five hundred thousand dollars for each year the state is authorized to appropriate funds pursuant to subsection 3 of section 67.2033.

(b) For each year after the state is no longer authorized to appropriate moneys pursuant to subsection 3 of section 67.2033, the amount in paragraph (a) of subdivision (6) of subsection 2 of this section shall be reduced by five percent per year.

(c) Notwithstanding the provisions of section 1.140, RSMo, to the contrary the provisions of this subdivision shall not be severable.

(d) In the event of a partial sale of the team, the payment required pursuant to paragraph (a) of subdivision (6) of subsection 2 of this section shall be adjusted to an amount proportionate to the portion sold; and".

Senator Goode moved that the above amendment be adopted.

Senator Staples requested a roll call vote be taken on the adoption of SA 4 and was joined in his request by Senators Caskey, Childers, Kennedy and Steelman.

SA 4 failed of adoption by the following vote:

Senator Gross offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 37, Section 67.2054, Line 29 of said page, by striking the word "and"; and

Further amend said bill and section, page 38, line 10 of said page, by inserting immediately after the word "facilities" the following: "; and

(8) In the event that a national sports league adopts a revenue sharing formula after August 28, 2002, and as a result of such revenue sharing formula the team experiences increased revenues over and above revenues such team would have received in the absence of such revenue sharing formula, the team shall pay fifty percent of such increased revenues to the state and political subdivisions providing funding pursuant to section 67.2033 which shall be shared on a pro rata basis in accordance with the percentage of assistance being provided by the public participants. In no event shall payments by the team to the public participants exceed the amount of appropriations made by the political subdivisions pursuant to section 67.2033.".

Senator Gross moved that the above amendment be adopted.

Senator Steelman requested a roll call vote be taken on the adoption of SA 5 and was joined in her request by Senators Gross, Kinder, Quick and Rohrbach.

SA 5 failed of adoption by the following vote:

Senator Rohrbach offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 67, Section 253.559, Line 17 of said page, by inserting after all of said line the following:

"Section B. The provisions of this act shall become effective upon the passage of an appropriation bill which provides at least a five percent increase in annual compensation for all state employees."; and

Further amend the title and enacting clause accordingly.

Senator Rohrbach moved that the above amendment be adopted.

Senator Johnson offered SA 1 to SA 6, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 6

Amend Senate Amendment No. 6 to Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 1, Section B, Line 5, by deleting the word, "five" and inserting in lieu thereof the word, "four".

Senator Johnson moved that the above amendment be adopted.

Senator Staples raised the point of order that SA 6 and SA 1 to SA 6 are out of order as both amendments go beyond the scope and purpose of the bill.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

Senator Klarich raised the point of order that SA 6 is out of order as it is dilatorious to the underlying legislation.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

SA 1 to SA 6 was again taken up.

Senator Loudon assumed the Chair.

President Maxwell assumed the Chair.

Senator Johnson moved that SA 1 to SA 6 be adopted, which motion failed.

SA 6 was again taken up.

Senator Steelman requested a roll call vote be taken on the adoption of SA 6 and was joined in her request by Senators Cauthorn, Klindt, Mathewson and Rohrbach.

SA 6 failed of adoption by the following vote:

Senator Schneider offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 32, Section 67.2033, Line 17, by inserting after all of said line the following:

"5. In no event shall an appropriation be made pursuant to the provisions of subsection 3 of this section unless a lease has been entered into which complies with the provisions of subsection 2 of section 67.2054." and further amend page 37, section 67.2054, lines 24-28, by deleting all of said lines and inserting in lieu thereof the following: "portion of the profits upon the sale of the team, at any time during the thirty year period of the state's participation pursuant to section 67.2033, in the amount of twelve percent for profits on a sale of up to three hundred million, fourteen percent of profits of over three hundred million up to six hundred million, and sixteen percent of profits more than six hundred million. Said percentages shall also apply to a sale to a third party by any individual owner proportionate to that owner's share of the ownership. A third party, for the purposes of this subsection, is a person other than the current ownership. The attorney general shall be responsible to draft and negotiate the terms of the agreement to meet the requirements of this subdivision.".

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Cauthorn, Childers, Gross and Klindt.

Senator Gibbons offered SSA 1 for SA 7, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 7

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Page 37, Section 67.2054, Line 28, by inserting after the word "stadium" the following: "provided that in no event shall the public participant's share of the profits, as defined in the redevelopment contract, be less than twelve percent".

Senator Gibbons moved that the above substitute amendment be adopted.

Senator Schneider offered SA 1 to SSA 1 for SA 7, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 7

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 7 to Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 1279, 1162 and 1164, Line 5, by adding:

"and amend line 22 by inserting after the word "Team" as first appears therein, the following:

"at any time during the 30 year participation of the state"; and

amend line 5 of Senate Substitute Amendment No. 1 by adding "of the profit payable to the state".

Senator Schneider moved that the above amendment be adopted.

At the request of Senator Kinder, SB 1279, SB 1162 and SB 1164, with SCS, SS No. 2 for SCS, SA 7, SSA 1 for SA7 and SA 1 to SSA 1 for SA 7 (pending), were placed on the Informal Calendar.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and 1,000 copies ordered printed:

SB 1281-By Russell and Goode.

An Act to appropriate money pursuant to Article IV, Section 27 (a), Subsection 5 of the Missouri Constitution and for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds designated for the fiscal period ending June 30, 2002.

HOUSE BILLS ON SECOND READING

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

HCS for HB 1717--Rules, Joint Rules, Resolutions and Ethics.

HB 2078--Rules, Joint Rules, Resolutions and Ethics.

HCS for HB 1143--Commerce and Environment.

HS for HCS for HB 1962--Judiciary.

SECOND READING OF

CONCURRENT RESOLUTIONS

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

SCR 70--Rules, Joint Rules, Resolutions and Ethics.

SCR 71--Rules, Joint Rules, Resolutions and Ethics.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 1101. Representatives: Green 73, Bonner, Merideth, Bearden, Legan.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 1102, as amended. Representatives: Green 73, Graham, Kreider, Legan, Shields.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for HB 1711, as amended. Representatives: Graham, Franklin, Davis, Fares and Shields.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS, as amended, for HB 1537 and has taken up and passed SCS for HB 1537, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 2120 and requests the Senate to recede from its position and failing to do so grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HJR 47 entitled:

Joint Resolution submitting to the qualified voters of Missouri an amendment repealing section 27 of article VI of the Constitution of Missouri, and adopting one new section in lieu thereof relating to political subdivision revenue bonds for utility, industrial, and airport purposes.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1726, entitled:

An Act to repeal sections 160.261 and 167.161, RSMo, and to enact in lieu thereof four new sections relating to discipline in public schools.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1350, entitled:

An Act to repeal section 67.1451, 67.1461 and 349.045, RSMo, and to enact in lieu thereof three new sections relating to boards of directors in community improvement districts, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1216, entitled:

An Act to amend chapters 21 and 630, RSMo, by adding thereto two new sections relating to suicide.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1656, entitled:

An Act to repeal sections 547.170, 566.030, 566.060 and 650.057, RSMo, and to enact in lieu thereof five new sections relating to sexual offenses, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1627, entitled:

An Act to repeal sections 64.170, 64.180, 64.190, and 64.205, RSMo, and to enact in lieu thereof four new sections relating to building regulations in certain counties.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 1936, entitled:

An Act to repeal sections 261.110, 261.230, 261.235 and 261.239, RSMo, and to enact in lieu thereof six new sections relating to agriculture.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 1650, entitled:

An Act to repeal sections 247.040, 393.705, 610.021, 640.620, 644.016, 644.051 and 644.052, RSMo, and to enact in lieu thereof eleven new sections relating to water resources, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HBs 1577, 1760, 1433, 1430, 1029 and 1700, entitled:

An Act to repeal sections 44.023, 50.550, 150.465, 167.161, 167.171, 191.905, 195.211, 195.222, 217.720, 217.722, 252.235, 302.341, 302.510, 302.530, 304.351, 306.124, 307.177, 316.150, 316.155, 338.055, 407.472, 453.110, 544.170, 547.170, 556.061, 557.035, 558.019, 559.021, 565.024, 565.050, 565.060, 565.070, 565.081, 565.082, 565.083, 565.253, 566.010, 566.030, 566.060, 566.067, 566.068, 566.083, 566.090, 566.093, 566.095, 569.020, 569.030, 569.095, 569.097, 569.099, 570.010, 570.020, 570.030, 570.033, 570.080, 570.085, 570.090, 570.120, 570.123, 570.125, 570.130, 570.210, 570.300, 571.020, 571.070, 574.115, 575.150, 577.041, 577.054, 577.600, 578.008, 578.150, 578.377, 578.379, 578.381, 578.385, 578.405, 578.407, 578.409, 578.412, 595.010, 595.020, 595.030, 610.021, 630.140, 630.167, 630.170, 650.050, 650.057, 650.055 and 660.317, RSMo, and to enact in lieu thereof one-hundred thirteen new sections relating to crimes and punishment, with penalty provisions and an emergency clause for certain sections.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS No. 2 for SCS for SB 1152, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

REFERRALS

President Pro Tem Kinder referred SS No. 2 for SCS for SB 1152 to the Committee on State Budget Control.

RESOLUTIONS

Senator Loudon offered Senate Resolution No. 1636, regarding Michael Wolff Grogan, Chesterfield, which was adopted.

Senator Loudon offered Senate Resolution No. 1637, regarding John R. Henselmeier, Chesterfield, which was adopted.

Senator Loudon offered Senate Resolution No. 1638, regarding Aaron Michael Fitzgerald, Maryland Heights, which was adopted.

Senator Mathewson offered Senate Resolution No. 1639, regarding John Milton Fluty, Ionia, which was adopted.

Senator Sims offered Senate Resolution No. 1640, regarding Chasity Hiza, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1641, regarding Amanda Wyatt, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1642, regarding Meghan Marie Tierney, Marshfield, which was adopted.

Senator Sims offered Senate Resolution No. 1643, regarding Alexis Welner, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1644, regarding Nicole Giesler, Ste. Genevieve, which was adopted.

Senator Caskey offered Senate Resolution No. 1645, regarding Ron L. Hargrave, Appleton City, which was adopted.

Senator Coleman offered Senate Resolution No. 1646, regarding the St. Louis Community College, St. Louis, which was adopted.

Senator Bland offered Senate Resolution No. 1647, regarding the death of Dorothy Pearl Dudley, Kansas City, which was adopted.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

April 20, 2002

Ms. Terry Spieler

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

This is to inform you that I have appointed Senator James L. Mathewson to the Missouri Tourism Committee to fill the vacancy created by the resignation of Senator Sidney Johnson.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

INTRODUCTIONS OF GUESTS

The President introduced to the Senate, Sarah Lewark, Warrensburg.

Senator Mathewson introduced to the Senate, Rich Cole and 5 students from The Student Success Center, Lexington; and Alicia Burkhart, Vickie Tompson, Kenny Bauer and Kristi Wells were made honorary pages.

On behalf of Senator Jacob and herself, Senator Sims introduced to the Senate, Dr. Frank Mitchell, Patsy Lewellen, Joan Drake, Leann Runyan and Teresa Janney, Columbia.

Senator Westfall introduced to the Senate, the Physician of the Day, Dr. Lou Harris, M.D., Bolivar.

Senator Caskey introduced to the Senate, Harold Knight, Carl Hamilton, Sheila Lusher and 125 seventh grade students and sponsors from Yeokum Middle School, Belton.

Senator Gibbons introduced to the Senate, students from Edgar Road Elementary School, Webster Groves.

Senator Johnson introduced to the Senate, 20 eighth grade students from St. Joseph Christian School, St. Joseph.

The President introduced to the Senate, Bill Spooner and students from Oak Hill Day School,

Kansas City.

The President introduced to the Senate, Eric Milius, Mexico.

On motion of Senator Kenney, the Senate adjourned until 9:30 a.m., Wednesday, May 1, 2002.

SENATE CALENDAR

______

SIXTY-THIRD DAY-WEDNESDAY, MAY 1, 2002

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

SB 1281-Russell and Goode

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

INFORMAL CALENDAR

THIRD READING OF SENATE BILLS

SCS for SB 954-Loudon

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/5

SB 995-Rohrbach

House Bills

Reported 4/15

SENATE BILLS WITH HOUSE AMENDMENTS