Journal of the Senate

SECOND REGULAR SESSION

THIRTY-SECOND DAY--TUESDAY, FEBRUARY 29, 2000

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

Psalm 139:18: "When I awake, I am still with Thee."

Gracious God, You know how often many of us awaken in the midst of the night knowing there is yet more to get done. We feel the pressures to be on top of all that comes our way. We know fatigue from not enough sleep and working too many hours. But there is comfort knowing You are with us; Your grace is sufficient for us to deal with what comes our way, and Your desire for us to know our limitations and do all things in moderation. Help us and remind us of Your presence and will for us dear God. 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 Senate were given permission to take pictures in the Senate Chamber today.

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

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 1058-By Singleton.

An Act to repeal section 43.080, RSMo 1994, relating to the highway patrol.

SB 1059-By Westfall.

An Act to authorize the conveyance of state property to the city of Nevada, Missouri.

SB 1060-By Yeckel.

An Act to amend chapter 512, RSMo, by adding thereto one new section relating to appellate procedure.

SB 1061-By DePasco.

An Act to repeal sections 144.030 and 144.805, RSMo Supp. 1999, relating to sales and use tax exemption for aviation jet fuel for airlines headquartered in Missouri, and to enact in lieu thereof one new section relating to the same subject.

REPORTS OF STANDING COMMITTEES

Senator Clay, Chairman of the Committee on Financial and Governmental Organization, sub-mitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 915, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 896, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent 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

February 29, 2000

TO THE SENATE OF THE 90th 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:

Joan M. Crawford, Republican, 4831 Margaretta, St. Louis City, Missouri 63115, as a member of the Board of Election Commissioners for St. Louis City, for a term ending January 1, 2001, and until her successor is duly appointed and qualified; vice, Velma Martin, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 29, 2000

TO THE SENATE OF THE 90th 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:

Floyd A. Kimbrough, Democrat, 6171 Garesche Avenue, St. Louis City, Missouri 63136, as a member and Chair of the Board of Election Commissioners for St. Louis City, for a term ending January 1, 2001, and until his successor is duly appointed and qualified; vice, Nanette A. Baker, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

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

SENATE BILLS FOR PERFECTION

Senator Howard moved that SB 558, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 558, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 558

An Act to repeal section 278.080, RSMo Supp. 1999, as enacted by senate bill no. 3 of the first regular session of the eighty-eighth general assembly, and section 278.080, RSMo Supp. 1999, as enacted by senate bill no. 65 of the first regular session of the eighty-eighth general assembly, relating to the state soil and water districts commission, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was taken up.

Senator Johnson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Howard moved that SCS for SB 558 be adopted.

Senator Westfall offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 558, Page 12, Section 278.080, Line 166, by inserting after said line the following:

"278.130. 1. The soil and water supervisors of any soil and water district shall not:

(1) Have or exercise the right of eminent domain;

(2) Incur indebtedness beyond available funds;

(3) Issue bonds;

(4) Levy taxes;

(5) Make or levy benefit assessments or any other kind of assessments;

(6) Take contributions from that soil and water district by exactions or persuasions;

(7) Engage in the marketing of farm products or in the buying and selling of farm supplies other than those products or supplies used or needed directly or indirectly in soil and water conservation work, subject to section 278.135;

(8) Engage in agricultural research or agricultural extension teaching except under the instruction of the Missouri college of agriculture.

2. They may accept voluntary contributions from any source, if the donations are offered for the sole and exclusive purpose of promoting the saving of soil and water within the soil and water district, and if the soil and water supervisors satisfactorily guarantee to the donors the faithful use of their donations for that purpose.

278.135. 1. Prior to the marketing or buying and selling of farm products used directly or indirectly in soil and water conservation by a soil and water district, such district shall receive approval for the activity from the state soil and water districts commission.

2. The commission shall consider requests and grant approval only upon finding that the products being marketed, bought and sold are:

(1) Reasonably related to soil and water conservation; and

(2) Not readily available in the area.

The commission shall publish notice of the request by the district in a paper of general circulation in the district's area. The commission shall consider written comments from concerned citizens and businesses in making its determination.

3. The commission shall enact rules to allow districts that currently have an inventory of products to sell that inventory within a reasonable time, pending approval of the district's request to market or buy and sell those products. In no manner does this allow the districts to restock or replenish their inventory until they have received approval from the commission.

4. The commission is authorized to adopt those rules that are reasonable and necessary to accomplish the limited duties specifically delegated within this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in this section shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void."; and

Further amend the title and enacting clause accordingly.

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

Senator Howard moved that SCS for SB 558, as amended, be adopted, which motion prevailed.

On motion of Senator Howard, SCS for SB 558, as amended, was declared perfected and ordered printed.

Senator Steelman moved that SB 597, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 597, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 597

An Act to repeal section 453.030, RSMo Supp. 1999, relating to adoption, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

President Pro Tem Quick assumed the Chair.

Senator Johnson assumed the Chair.

Senator Steelman moved that SCS for SB 597 be adopted.

Senator Maxwell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 597, Page 3, Section 453.030, Line 22, by adding after the word "child." the following: "Such person shall be advised of the effect of his signature and the legal consequences thereof following the signature of the consent.".

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

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 597, Page 3, Section 453.030, Lines 22-28, by deleting all bold-faced language on said lines; and

Further amend said bill, said section, pages 3 through 5, lines 34-97, by striking all bold-faced language and all opening "[" and closing "]" brackets on said lines.

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Steelman, SB 597, with SCS and SA 2 (pending), was placed on the Informal Calendar.

REFERRALS

President Pro Tem Quick referred SB 617 and SB 646, with SCS, to the Committee on State Budget Control.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1297, regarding Mindy Bullard, Warrensburg, which was adopted.

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

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem Quick.

RESOLUTIONS

Senator Jacob offered Senate Resolution No. 1298, regarding Tyler Cook, Fayette, which was adopted.

Senator Bentley offered Senate Resolution No. 1299, regarding Linda L. Duncan, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1300, regarding Blaine Allen Kennedy, Springfield, which was adopted.

Senator Kenney offered Senate Resolution No. 1301, regarding the Fiftieth Anniversary of the American Business Women's Association, which was adopted.

THIRD READING OF SENATE BILLS

SB 725, introduced by Senator Graves, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to roadside maintenance.

Was called from the Consent Calendar and taken up.

On motion of Senator Graves, SB 725 was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

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

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

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

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

SENATE BILLS FOR PERFECTION

Senator Caskey moved that SB 934, SB 546, SB 578, SB 579 and SB 782, with SCS and SS No. 2 for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS No. 2 for SCS for SBs 934, 546, 578, 579 and 782 was again taken up.

Senator Clay offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 934, 546, 578, 579 and 782, Page 26, Section 577.600, Line 21 of said page, by inserting after all of said line the following:

"Section 1. Each time a peace officer stops a driver of a motor vehicle, the officer shall report the following information to the agency or department which employs the officer:

(1) The age, gender, and race of the individual stopped;

(2) The location of the stop;

(3) The violation or violations alleged to have led to the stop;

(4) Whether a search was conducted;

(5) If there was a search:

(a) Whether consent was obtained;

(b) The probable cause for the search, whether the person was searched, whether property was searched and the duration of the search; and

(c) The nature and type of any contraband discovered;

(5) Whether any warning or citation was issued and the nature of such warning or citation; and

(6) Whether an arrest was made and, if so, the nature of any charge.

Section 2. Each law enforcement agency shall adopt a policy which prohibits any peace officer which it employs to routinely stop members of minority groups for possible violations of motor vehicle laws, without probable cause and as a pretext for investigating other violations of criminal laws. Each such agency shall review the reports required pursuant to section 1 of this act to determine whether any peace officer has demonstrated a pattern of disproportionately stopping minorities for violations without adequate probable cause and, if so, shall:

(1) Identify the officer in the report required in section 3 of this act;

(2) Reassign the officer to minimize contact with minorities until the officer has completed training and counseling; and

(3) Require the officer to complete appropriate training and counseling within ninety days of the review.

Section 3. Each law enforcement agency shall by March 1 of each year compile the data collected pursuant to sections 1 and 2 of this act and submit the data to the department of public safety in a form as required by the department. The department shall submit a report to the governor and the general assembly which shall include at a minimum:

(1) The total number of vehicles stopped;

(2) The number and percentage of stopped vehicles that were driven by members of minority groups;

(3) A comparison of the percentage of stopped motor vehicles driven by minority groups and the percentage of the state's population that each minority group comprises;

(4) The total number of stops determined to be pretextual in nature or without adequate probable cause; and

(5) Recommendations as deemed appropriate to deter pretextual stops made by any agency, including the withholding of any public funds."; and

Further amend the title and enacting clause accordingly.

Senator Clay moved that the above amendment be adopted.

Senator Ehlmann offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 934, 546, 578, 579 and 782, Page 2, Section 2, Line 7, by adding after the word "laws", the following:

"Each law enforcement agency shall adopt a policy which prohibits that agency from granting any preferences in promotion or contract to anyone simply because they are a member of a minority group.".

Senator Ehlmann moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 1 to SA 1 is out of order as it goes beyond the scope and purpose of the original bill.

Senator Jacob assumed the Chair.

The point of order was referred to the President Pro Tem, who ruled it well taken.

SA 1 was again taken up.

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

President Pro Tem Quick assumed the Chair.

Senator Schneider offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 934, 546, 578, 579 and 782, Page 19, Section 577.012, Line 10, by striking the brackets and underlined language "eight-hundredths".

Senator Schneider moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

Senator Caskey requested a roll call vote be taken on the adoption of SA 2 and was joined in his request by Senators Childers, House, Staples and Westfall.

SA 2 failed of adoption by the following vote:

Senator Staples offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 934, 546, 578, 579 and 782, Page 19, Section 577.012, Line 8, by inserting the following after the numeral "1.": "The purpose of this act is to deter the operation of motorized vehicles by persons under the influence of alcohol. The State of Missouri shall provide to every entity licensed to sell liquor a mechanical or electronic device which will accurately detect the blood alcohol content of a person using the device. The licensee shall offer the opportunity to use such device to any person consuming alcohol on the premises of the licensee who intends to operate a motor vehicle after consuming alcohol. If a person who intends to operate a motor vehicle after consuming alcohol fails to avail himself of the opportunity to use the offered device to test blood alcohol, then the intent to operate a motor vehicle with excessive blood alcohol content shall be legally implied. If a person who intends to operate a motor vehicle after consuming alcohol avails himself of the opportunity to use the offered device and such use indicates a blood alcohol content of less than eight-hundredths of one-percent by weight in such persons blood then such person shall be presumed to be able to operate a motor vehicle and shall be further presumed not to have violated this section, except that such person shall lose such presumption if such person has consumed alcohol after using such device referred to in this section. The mechanical or electronic device referred to herein shall be regularly calibrated and checked for accuracy by the Missouri Department of Public Safety.

2."; and

Renumber the remaining subsections accordingly.

Senator Staples moved that the above amendment be adopted.

Senator Caskey requested a roll call vote be taken on the adoption of SA 3 and was joined in his request by Senators Childers, DePasco, Staples and Westfall.

SA 3 failed of adoption by the following vote:

At the request of Senator Caskey, SB 934, SB 546, SB 578, SB 579 and SB 782, with SCS and SS No. 2 for SCS (pending), were placed on the Informal Calendar.

RESOLUTIONS

Senator Sims offered Senate Resolution No. 1302, regarding Geoffrey Charles Schmidt, Woodson Terrace, which was adopted.

Senator Klarich offered the following resolution:

SENATE RESOLUTION NO. 1303

WHEREAS, Social Anxiety Disorder, also known as social phobia, is a recognized disorder which has been proven to negatively correlate with educational attainment, professional advancement and wages; and

WHEREAS, individuals with Social Anxiety Disorder may experience an excessive and persistent fear of social or performance situations in which they will be scrutinized by others; and

WHEREAS, the social anxiety-provoking social situation may cause physical symptoms such as blushing, sweating, trembling, tense muscles, shaky voice, dry mouth or a pounding of the heart; and

WHEREAS, Social Anxiety Disorder is the most common anxiety disorder affecting approximately 7.9% of Americans annually with a lifetime prevalence of 13.3%, making this psychiatric condition the third most common based upon lifetime prevalence; and

WHEREAS, patients with Social Anxiety Disorder are at a 4-fold increased risk of developing depression, a 3-fold increased risk of developing panic, and a 2-fold increased risk of developing alcoholism; and

WHEREAS, patients with Social Anxiety Disorder are twice as likely to attempt suicide than those without this disorder; and

WHEREAS, it is believed that Social Anxiety Disorder may be due to an imbalance of a chemical called serotonin that transports signals between nerve cells in the brain; and

WHEREAS, Social Anxiety Disorder can be treated:

NOW, THEREFORE BE IT RESOLVED by the members of the Missouri Senate of the Ninetieth General Assembly, Second Regular Session, that Social Anxiety Disease is recognized as a treatable psychiatric disorder which affects many Missourians; and

BE IT FURTHER RESOLVED that the members of the Missouri Senate applaud all psychological and pharmacologic interventions designed to treat Social Anxiety Disease.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Candi Hoxworth and her son, Christian, Belton; and Christian was made an honorary page.

On behalf of Senator Westfall and himself, Senator Russell introduced to the Senate, Gene and Billie Hutcheson and Cole Carter, Bolivar; and Cole was made an honorary page.

Senator Russell introduced to the Senate, his wife, Margaret, Lebanon.

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

Senator Flotron introduced to the Senate, Kendra Turnage, Bridgeton.

Senator Childers introduced to the Senate, Jennifer Beasley, thirty eighth grade students and four adults from Kirbyville School, Kirbyville.

Senator Yeckel introduced to the Senate, Joy, Jennifer and Paul Jackson, Kirksville.

Senator Russell introduced to the Senate, Kay Caskey, Butler.

Senator Staples introduced to the Senate, Allison Kankey, Bismarck; and Occupational Therapy students from the University of Missouri, Columbia.

Senator Singleton introduced to the Senate, Michelle Enlow, Neosho; Linda Anderson, Deborah Hanson, R.N., Rebecca Custer, R.N. and Grace Ayton, Joplin; Sue Knaust, R.N., Carthage; and Karen Boyd, R.N., Webb City.

Senator Jacob introduced to the Senate, Mrs. Janet Peart, Mrs. Brenda Ensor, Mr. Frank Berry, Mr. Jerry Martie and students from Moberly Middle School, Moberly; and Barbie Wallace, Cody Kadletz, Brett Dennis and Kevyn Hayes were made honorary pages.

Senator Ehlmann introduced to the Senate, Tracy Stuckey, Kristi McClintock and Jennifer Hodges, St. Charles County.

Senator Ehlmann introduced to the Senate, Gene and Betty Ehlmann and Ed Thiel, St. Charles.

On behalf of Senator Johnson, the President introduced to the Senate, thirteen students and seven adults, members of the Parent Teacher Student Association, Platte City.

Senator Clay introduced to the Senate, Johnetta Haley, Chandra Pierson, Elaine Flipping, Hattie Stunson, Sheilah Glaze, Joan Hubbard, Ruby Bonner, Laura Mabry, Romona Miller and Myrtle Bailey, members of Alpha Kappa Alpha Sorority.

Senator Rohrbach introduced to the Senate, Dr. Natalia D. McKinstry, St. Louis; Andrey Kudryavtsev, Mikhail Safarov, Lydumila Nagornaya, Yuliya Zaguzina, Inna Aksyuk, Svetlana Kurmakayeva, Konstantin Slizov, Sergey Khapugin, Sergey Pribylev, Sergey Oganesov, Valo Motalygo, Dar'ya Chernova, Ukraine; and Marshall Wilson.

Senator Rohrbach introduced to the Senate, Jay Harness, Jefferson City.

Senator DePasco introduced to the Senate, seven hundred registered nurses and students with the Missouri Nurses Association.

Senator Bentley introduced to the Senate, Susan Fudge, Janis Smith, Carol O'Connor, Dave Baker, Debbie Carnevale, Sandra Larkin, Linda Hyde and Karen Fielden, Springfield.

Senator Westfall introduced to the Senate, Bettina Seidel, Germany; and Scott George, Mount Vernon.

Senator Maxwell introduced to the Senate, Scott Utterback, Tiffany Mefford, Kylie Marie Gough and Ryan Kendrick, Shelbina; and Scott, Tiffany, Kylie Marie and Ryan were made honorary pages.

Senator DePasco introduced to the Senate, students, parents and teachers from Truman High School and William Chrisman School, Kansas City.

Senator Stoll introduced to the Senate, Mrs. Ruth Leach, Mrs. Anina Morse, John Leach, Joey Naggi, Stephanie Mayfield and Shannon Turner, Hillsboro.

Senator Howard introduced to the Senate, Desma Reno, Jackson; Viola Rogers and Debra Vassar, Paragould, Arkansas; Ellen Hagy, Naylor; Aimee Greer, Poplar Bluff; and Alice Inman, Doniphan.

Senator Flotron introduced to the Senate, the Physician of the Day, Dr. Lanny Turner, M.D., and his son Travis, St. Louis.

Senator Kenney introduced to the Senate, Phil LePage, Lee's Summit.

On behalf of Senators Bentley, Singleton, House and himself, Senator Westfall introduced to

the Senate, Anson Elliott and Dr. Johnson, Springfield; Jenifer Carlin, Greenfield; Sheila Sukovaty and Tyler Garrison, Bolivar; Amber Hensley, Carthage; Patrick and Stefanie Eslinger, El Dorado Springs; Dave Helton, Willard; and Rhonda Schieffer, Troy.

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