Journal of the Senate

FIRST REGULAR SESSION

FOURTH DAY--TUESDAY, JANUARY 9, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Speak tenderly to Jerusalem and cry to her that she has served her term..." (Isaiah 40:2)

Heavenly Father, we are thankful for the joy and noise and celebration with which this week began. Today we speak tenderly and purposefully for now the work You have called us to do commands our attention. Help us ensure justice to the weak and care for the truly needy and walk with us this day and every day that we may follow the path You have set before us. 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.

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

RESOLUTIONS

Senators Gross and House offered Senate Resolution No. 20, regarding Rayford M. Pickett, St. Charles, which was adopted.

Senators Gross and House offered Senate Resolution No. 21, regarding Ann Watkins Hazelwood, St. Charles, which was adopted.

Senators Gross and House offered Senate Resolution No. 22, regarding Dr. Dennis Spellmann, St. Charles, which was adopted.

Senators Gross and House offered Senate Resolution No. 23, regarding Phyllis Mercedes Sydnor Johnson, St. Charles, which was adopted.

Senator Bentley offered Senate Resolution No. 24, regarding Adam Bolyard, Springfield, which was adopted.

Senator Quick offered Senate Resolution No. 25, regarding Burt Canfield, Kansas City, which was adopted.

CONCURRENT RESOLUTIONS

Senator Kenney moved that HCR 2 be taken up for adoption, which motion prevailed.

On motion of Senator Kenney, HCR 2 was adopted by the following vote:

INTRODUCTION OF BILLS

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

SB 245-By Caskey.

An Act to repeal sections 195.275, 217.760, 455.085, 513.653, 557.036, 558.011, 558.016, 558.019, 559.026, 559.115, 569.025, 569.035, 570.040 and 571.015, RSMo 2000, relating to various sentencing provisions, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

SB 246-By Caskey.

An Act to repeal sections 374.700, 374.715 and 374.755, RSMo 2000, relating to the regulation and licensing of certain professions, and to enact in lieu thereof thirty-six new sections relating to the same subject, with penalty provisions.

SB 247-By Westfall and Staples.

An Act to repeal sections 226.540, 226.550 and 226.585, RSMo 2000, relating to highway beautification, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

SB 248-By Wiggins and DePasco.

An Act to repeal section 537.053, RSMo 2000, relating to consumption of intoxicating beverage as proximate cause of injury in tort actions, and to enact in lieu thereof one new section relating to the same subject.

SB 249-By Wiggins.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to the collection of sales tax revenue on behalf of certain sports authorities.

SB 250-By Bentley and Johnson.

An Act to amend chapter 620, RSMo, by adding thereto two new sections relating to cultural tourism.

COMMITTEE APPOINTMENTS

President Pro Tem Quick and Co-President Pro Tem Kinder submitted the following committee appointments pursuant to HCR 2: Senators Bentley, Gibbons, Goode, Gross, House, Jacob, Klarich, Schneider, Steelman and Wiggins.

INTRODUCTION OF BILLS

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

SB 251-By Kinder.

An Act to repeal section 37.130, RSMo 2000, relating to congressional redistricting, and to enact in lieu thereof two new sections relating to the same subject.

On motion of Senator Kenney, the Senate recessed until 2:30 p.m.

RECESS

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

INTRODUCTION OF BILLS

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

SB 252-By Singleton.

An Act to authorize the conveyance of certain properties between the Missouri national guard and the city of Joplin.

SB 253-By Gross.

An Act to repeal section 516.097, RSMo 2000, relating to the statute of limitations on certain tort actions, and to enact in lieu thereof one new section relating to the same subject.

SB 254-By Gross and Foster.

An Act to repeal sections 115.151, 115.155, 115.160 and 115.165, RSMo 2000, relating to elections, and to enact in lieu thereof three new sections relating to the same subject.

SB 255-By Gross, Russell, Foster and Loudon.

An Act to repeal sections 565.090 and 573.100, RSMo 2000, relating to improper communications, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

RESOLUTIONS

Senator Schneider offered Senate Resolution No. 26, regarding Theodore Casey Skoklo, Dellwood, which was adopted.

Senator Quick offered the following resolution:

SENATE RESOLUTION NO. 27

Notice of Proposed Rule Change

Notice is hereby given by the Senator from the 17th District of the one day notice required by rule of intent to put a motion to adopt the following rule change:

BE IT RESOLVED by the Senate of the Ninety-First General Assembly, First Regular Session, that Senate Rules 25 and 28 be amended to read as follows:

"Rule 25. The president pro tem of the senate shall appoint the following standing and statutory committees:

1. Committee on Administration, 5 members.

2. Committee on Aging, Families and Mental Health, 7 members.

3. Committee on Agriculture, Conservation, Parks and Tourism, 11 members.

4. Committee on Appropriations, 13 members.

5. Committee on Civil and Criminal Jurisprudence, 9 members.

6. Committee on Commerce and Environment, 9 members.

7. Committee on Education, 13 members.

8. Committee on Elections, Veterans' Affairs and Corrections, 9 members.

9. [Committee on Ethics, 8 members.

10.] Committee on Financial and Governmental Organization, 9 members.

[11.] 10. Committee on Gubernatorial Appointments, 11 members.

[12.] 11. Committee on Insurance and Housing, 9 members.

[13.] 12. Committee on Judiciary, 9 members.

[14.] 13. Committee on Labor and Industrial Relations, 9 members.

[15.] 14. Committee on Local Government and Economic Development, 7 members.

[16.] 15. Committee on Legislative Research (statutory), 10 members.

[17.] 16. Committee on Pensions and General Laws, 7 members.

[18.] 17. Committee on Public Health and Welfare, 9 members.

[19.] 18. Committee on Rules, Joint Rules [and], Resolutions and Ethics, 9 members.

[20.] 19. Committee on State Budget Control, 9 members.

[21.] 20. Committee on Transportation, 9 members.

[22.] 21. Committee on Ways and Means, 11 members.

All committees shall have leave to report at any time. The chairman of any standing committee may appoint one or more subcommittees, with the approval of the committee, to hold hearings on bills referred to the committee and shall report its findings to the standing committee.

Rule 28. The duties of the standing and statutory committees of the senate are as follows:

1. The Committee on Administration shall superintend and have sole and complete control of all financial obligations and business affairs of the senate, the assignment of offices and seats, and the supervision of certain designated employees. The committee shall be authorized to employ an administrator, who shall be provided with office space as designated by the committee. The administrator or the secretary of the senate may be authorized to act for the committee, but only in the manner and to the extent as may have previously been authorized by the committee with such authorization entered in the minutes of the committee. No voucher calling for payment from the contingent fund of the senate shall be drawn, nor shall any valid obligation exist against the contingent fund until the same shall have been approved by the committee or its administrator and be recorded in the minutes thereof. All vouchers must be signed by the chairman of the committee or the administrator, if so authorized. The committee or its administrator shall provide for the receiving and receipt of all supplies, equipment and furnishings purchased for the account of the senate, and the distribution thereof. The administrator shall keep a detailed running account of all transactions and shall open his records for inspection to any senator who so requests. All employees other than elected officials of the senate and employees of the individual senators, shall be selected by the committee, who shall control their tenure, set their compensation, assign their duties and exercise complete supervision over them. When necessary, the committee shall assign office space and seats in the senate chamber.

2. The Committee on Aging, Families and Mental Health shall consider and report upon all matters referred to it concerning the preservation of the quality of life for senior citizens, nursing home and boarding home operations, alternative care programs for the elderly, family and children issues, mental health, mental retardation and developmental disabilities.

3. The Committee on Agriculture, Conservation, Parks and Tourism shall consider all questions and report on all bills, resolutions, and all other matters referred to it relating to animals, animal disease, pest control, agriculture, the state park system, conservation of the state's natural resources, soil and water, wildlife, game refuges, and tourism and the promotion of tourism as a state industry.

4. The Committee on Appropriations shall report upon all bills and measures and questions referred to it pertaining to general appropriations and disbursement of public money.

5. The Committee on Civil and Criminal Jurisprudence shall consider, examine and report upon all matters and bills referred to it concerning civil procedure and all matters relating to the criminal laws of the state, criminal costs and all related matters. The committee shall also examine and report upon all matters and bills referred to it relating to probation or parole of persons sentenced under the criminal laws of the state.

6. The Committee on Commerce and Environment shall consider all questions and report on all bills, resolutions and all other matters referred to it relating to the development of state commerce and the commercial sector, consumer protection, the development and conservation of energy resources and the disposal of solid, hazardous and nuclear wastes and other matters relating to environmental pollution.

7. The Committee on Education shall examine into and report upon all matters referred to it relating to all matters of education in the state, including the public schools, libraries, programs and institutions of higher learning, and shall examine and report on all propositions, memorials, petitions, or bills relating thereto.

8. The Committee on Elections, Veterans' Affairs and Corrections shall consider all questions and report on all bills, resolutions and on all matters referred to it relating to elections, election law, and to military organizations and all matters touching on military and veterans' affairs and all matters relating to the department of corrections including the state's penal institutions and training facilities and the sentencing of people to the department of corrections.

9. [The Committee on Ethics shall consider, examine and report upon all matters and bills referred to it relating to ethics and the conduct of public officials and employees, and shall recommend to the Senate the rules by which investigations and disciplinary proceedings will be conducted.

10.] The Committee on Financial and Governmental Organization shall consider all questions and report on all bills, resolutions and all other matters referred to it relating to banks and banking, savings and loan associations and other financial institutions in the state. The committee shall also examine and report upon all bills and matters referred to it relating to the reorganization, establishment, consolidation or abolition of departments, boards, bureaus and commissions of state government, the internal operation of any state agency and the effect of federal legislation upon any state agency.

[11.] 10. The Committee on Gubernatorial Appointments shall consider and report upon all gubernatorial appointments referred to it.

[12.] 11. The Committee on Insurance and Housing shall take into consideration all matters referred to it relating to life, accident, indemnity and other forms of insurance, and all matters relating to urban renewal and housing.

[13.] 12. The Committee on Judiciary shall consider all questions and bills relating to the judicial department of the state, examine the constitutionality of all bills referred to it by the senate, and examine into and report upon all matters and bills relating to the practice in the courts of this state and in which questions of law or equity may arise, and may consider, examine and report on all matters and bills referred to the committee relating to workers' compensation.

[14.] 13. The Committee on Labor and Industrial Relations shall examine all matters and bills referred to it in relation to labor management, fair employment standards, workers' compensation and employment security within the state and shall examine any bills referred to it relating to industrial development and other matters relating to urban areas.

[15.] 14. The Committee on Local Government and Economic Development shall consider all questions and report on all bills, resolutions and all other matters referred to it relating to community and business development, county government, township organizations and political subdivisions, and all bills referred to it relating to the promotion of economic development.

[16.] 15. The Committee on Legislative Research (statutory) shall perform its statutory duties and other assignments made.

[17.] 16. The Committee on Pensions and General Laws shall consider and report on all bills, resolutions and all other matters concerning retirement, pensions and pension plans which may be referred to it. The committee shall also examine and report upon all matters and bills referred to it concerning general topics.

[18.] 17. The Committee on Public Health and Welfare shall consider, examine and report upon all matters and bills referred to it concerning income maintenance, social services, health care programs, alcoholism and drug abuse, medicaid, child support enforcement, disease control and prevention, hospital operation and alternative state health care proposals.

[19.] 18. The Committee on Rules, Joint Rules [and], Resolutions and Ethics shall consider and report on all rules for the government of the senate and joint rules when requested by the senate, [and] shall consider, examine and report upon all matters and bills referred to it relating to ethics and the conduct of public officials and employees, shall recommend to the Senate the rules by which investigations and disciplinary proceedings will be conducted, and shall examine and report upon all resolutions and other matters which may be appropriately referred to it. The committee shall see that bills and amendments are properly perfected and printed. The committee shall examine all Truly Agreed To and Finally Passed bills carefully, and report that the printed copies furnished the senators are correct. Upon the written request of the sponsor or floor handler of a bill, the committee may recommend that any such bill on the calendars for perfection or house bills on third reading be called up or considered out of order in which the bill appears on that calendar. A recommendation to consider bills out of order shall require approval by a majority of the committee with the concurrence of two-thirds of the senate members. No floor debate shall be allowed on the motion to adopt the committee report.

The Committee shall examine bills placed on the Consent Calendar and may, by majority vote, remove any bill from the consent calendar within the time period prescribed by Rule 45, that it determines is too controversial to be treated as a consent bill.

[20.] 19. The Committee on State Budget Control shall consider all bills, except regular appropriation bills, which require new appropriations or expenditures of appropriated funds in excess of $100,000, or which reduce such funds by that amount during either of the first two years that public funds will be used to fully implement the provisions of the Act. Any such senate bill, after having been approved by the regular standing committee to which it has been assigned and after the same has been perfected and ordered printed by the senate, shall thereafter be referred to the Committee on State Budget Control for its consideration prior to its submission to the senate for final passage thereof by the senate. Any such house bill after having been reported by the regular standing committee to which it was assigned shall be referred to the Committee on State Budget Control for its consideration prior to its being considered by the senate for third reading and final passage. Any senate or house bill, amended so as to increase expenditures or reduce revenue in excess of $100,000 during either of the first two years that public funds will be used to fully implement its provisions shall upon timely motion be referred or re-referred to the Committee on State Budget Control. The author or first-named sponsor of a bill referred to the Committee on State Budget Control shall be entitled to a hearing on his bill but such committee hearing shall be limited to the reception of testimony presented by the author or first-named sponsor in person and none other. The Committee on State Budget Control may recommend the passage of a bill subject to the adoption of an amendment specifying a certain effective date proposed by the committee, and if such an amendment is not adopted the bill shall again be referred to that committee.

[21.] 20. The Committee on Transportation shall consider, examine and report upon all matters and bills referred to it concerning roads, highways, bridges, airports and aviation, railroads, port authorities, and other means of transportation and matters relating to motor vehicles and drivers' licenses.

[22.] 21. The Committee on Ways and Means shall consider, examine and report upon all matters and bills referred to it concerning the revenue and public debt of the state, and interest thereon, the assessment of real and personal property, the classification of property for taxation purposes and gaming.".

CONCURRENT RESOLUTIONS

Senator Singleton offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 2

Disapproving the recommendation of the Citizen's Commission on Compensation for Elected Officials.

WHEREAS, the voters of Missouri approved a constitutional amendment in 1994 which created a commission charged with setting the amount of compensation paid to statewide elected officials, legislators and judges; and

WHEREAS, prior to the approval of this amendment, the General Assembly had the duty and responsibility of setting salaries; and

WHEREAS, the Missouri Citizen's Commission on Compensation for Elected Officials has recommended that salaries be increased for certain judges and has recommended cost-of-living salary increases for judges, state-wide elected officials and legislators; and

WHEREAS, the recommended cost-of-living increases are 5.5% for each of the next two years, at a time when the average annual inflation is less than 3.5%; and

WHEREAS, the recommended increases are substantially higher than the Governor's expected recommendation of a 2% cost-of-living adjustment for state employees; and

WHEREAS, the changes recommended by the Missouri Citizen's Commission on Compensation for Elected Officials will take effect on July 1, 2001, unless disapproved by the General Assembly; and

WHEREAS, the General Assembly may disapprove of the recommendation by a concurrent resolution approved by both the Senate and the House before February 1, 2001:

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the First Regular Session of the Ninety-first General Assembly, the House concurring therein, that the recommendations of the Missouri Citizen's Commission on the Compensation of Elected Officials be disapproved; and

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

MESSAGES FROM THE HOUSE

The following message was 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 Representatives to act with a like committee from the Senate pursuant to HCR 2. Representatives Smith, Hosmer, Willoughby, Jolly, Britt, Walton, Shields, Richardson, Secrest and Lograsso.

Also, the Speaker has appointed the following escort committee for the Senators. Representatives Lowe, Reynolds, Haywood, Berkowitz, Koller, Kelly (36), Hohulin, Vogel, Hegeman and Champion.

INTRODUCTIONS OF GUESTS

On behalf of Senator Caskey and himself, Senator Mathewson introduced to the Senate, the

Physician of the Day, Dr. Marla J. Tobin, M.D., Warrensburg.

Senator Singleton introduced to the Senate, Deborah Frye and Annetta and Ed St. Clair, Joplin; and Trent Dobrauc, Carthage.

Senator Staples introduced to the Senate, his granddaughter, Rachel Staples, Eminence; and Shannon Lee, Farmington.

Senator Bland introduced to the Senate, Christopher, Joshua and Adrian Gibbs and Dorothy Lynn, Kansas City; and Christopher and Joshua were made honorary pages.

Senator Foster introduced to the Senate, his daughter, Karmen, Poplar Bluff; his brother, Donald Foster and his wife, Melba, Piggott, Arkansas; and Ray and Eiz Roland and Tila Edwards, Dexter.

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

SENATE CALENDAR

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FIFTH DAY-WEDNESDAY, JANUARY 10, 2001

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS