Journal of the Senate

FIRST REGULAR SESSION

ELEVENTH DAY--MONDAY, JANUARY 22, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"The Lord shall watch over your going out and your coming in, from this time forth forevermore." (Psalm 121:8)

Gracious God, we thank You for watching our "going out and coming in," and bringing us safely here to the beginning of this new week. Bless us with Your presence and guide our hearts and minds as we discern the calling You have given to each of us here and the work that is before us. We pray for Senator Yeckel who had surgery this week and pray You will touch her life and body with Your healing power. Bring her to health and wholeness. May what we do and say reflect Your presence and be blessed. In Your gracious 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 for Thursday, January 18, 2001, was read and approved.

Senator DePasco announced that photographers from KOMU-TV had been given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 84, regarding the One Hundredth Birthday of Ruth E. Shubert, Butler, which was adopted.

Senator Quick offered Senate Resolution No. 85, regarding Fordyce W. Mitchel, Jefferson City, which was adopted.

Senator Mathewson offered Senate Resolution No. 86, regarding the Sedalia-Pettis County Emergency Management Agency, which was adopted.

Senator Stoll offered Senate Resolution No. 87, regarding Helen Church, Crystal City, which was adopted.

Senator Bentley offered Senate Resolution No. 88, regarding the death of W. E. "Bull" Starnes, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 89, regarding Dr. Tedd A. Hamaker, D.V.M., Springfield, which was adopted.

Senator Singleton offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 90

WHEREAS, the members of the Missouri Senate are always pleased to acknowledge important events of great significance to the history of this fine state and its many outstanding citizens; and

WHEREAS, Jasper County will mark an impressive milestone on January 29, 2001, with the celebration of its One Hundred Sixtieth Anniversary by all those proud citizens who are so very fortunate to call it home; and

WHEREAS, organized on January 29, 1841, Jasper County has a history of one hundred sixty years that evolved at the first courthouse, a log cabin constructed in the early 1830s which still stands at the old cabin shop on Mound Street Road; and

WHEREAS, when Carthage was chosen as Jasper County's permanent seat on March 28, 1842, a $100 one-room building was erected on the north side of the square and served as the courthouse for twelve years until a new two-story structure was erected in the middle of the square in 1854; and

WHEREAS, during the Civil War battle known today as the Battle of Carthage, that new courthouse sustained severe damage from heavy artillery fire on the square which prompted the citizenry to construct a different edifice that was completed in 1895 at the cost of $100,000 and placed on the National Register of Historic Places in 1973; and

WHEREAS, Jasper County enjoys the distinction of being one of the fastest-growing counties in the Show-Me State and prides itself on the success which the community of Joplin has experienced in attracting new business virtually every day; and

WHEREAS, the residents of Jasper County have a reputation of being a close-knit family, the members of which assist, support, and encourage each other especially in time of need:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously in extending hearty congratulations to the citizens of Jasper County as they commemorate one hundred sixty years of achievement and in wishing them continued growth and prosperity in the challenging years that lie ahead; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the One Hundred Sixtieth Anniversary celebration of Jasper County, Missouri.

Senator DePasco offered Senate Resolution No. 91, regarding James V. Spallo, Kansas City, which was adopted.

CONCURRENT RESOLUTIONS

Senator Caskey offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 8

Recognizing the Northern Cherokee Indian People of Missouri.

WHEREAS, the Northern Cherokee Indian people are descendants of the Cherokee Nation; and

WHEREAS, the Northern Cherokee settled in Missouri rather than in Indian territory; and

WHEREAS, the Northern Cherokee citizens of Missouri have represented our state in the armed services through several wars; and

WHEREAS, they are very much a part of the state's history and its future; and

WHEREAS, they have continued a form of tribal government for the past 140 years, and in 1979, wrote a constitution and by-laws creating a new and working tribal organization into the state of Missouri in 1982; and

WHEREAS, recognition by the state of Missouri confers certain benefits upon the Northern Cherokee Indian people:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-First General Assembly, First Regular Session, the House of Representatives concurring therein, hereby recognize the Northern Cherokee Indians; and

BE IT FURTHER RESOLVED that this resolution be sent to the Governor for his approval or rejection pursuant to the Missouri Constitution.

Senators Loudon and Gross offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 9

WHEREAS, the federal Environmental Protection Agency's reformulated gasoline program uses methyl tertiary butyl ether or MTBE as a gasoline additive which makes gasoline burn more efficiently and reduces air pollution; and

WHEREAS, while MTBE is not harmful if completely combusted, contamination of water and air can occur if gasoline is allowed to evaporate or leak into the ground; and

WHEREAS, two recent spills in Missouri have resulted in ground water pollution, which the impact of is yet to be determined; and

WHEREAS, as recently as March of 2000, the federal government took steps to ban MTBE because of continuing reports that the chemical has contaminated drinking water and threatened human health; and

WHEREAS, President Clinton has announced that he wants Congress to replace the Clean Air Act provision that governs additives such as MTBE and ethanol with a renewable fuel standard for all gasoline; and

WHEREAS, as a result of the environmental and health concerns over MTBE, the states of California and New Jersey have already opted out of the EPA's reformulated gasoline program; and

WHEREAS, at a time when gasoline prices have risen, eliminating the use of more costly MTBE treated gasoline could provide Missouri consumers with more than six cents a gallon in much needed tax relief; and

WHEREAS, in the St. Louis Region, MTBE came into use in the summer of 1999, as a method of reducing the area's ozone problem and will be used until 2004 because of the governmental red tape involved in removing MTBE from the market:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety First General Assembly, First Regular Session, the House of Representatives concurring therein, hereby urge the Governor to allow St. Louis to opt out of the EPA's reformulated gasoline program until a safer substitute for MTBE is found; and

BE IT FURTHER RESOLVED the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Governor.

Senator House requested unanimous consent of the Senate to withdraw SB 261, which request was granted.

INTRODUCTION OF BILLS

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

SB 333-By DePasco.

An Act to repeal sections 160.420, 169.270, 169.280, 169.291, 169.301, 169.315 and 169.324, RSMo 2000, relating to teacher and school retirement systems, and to enact in lieu thereof seven new sections relating to the same subject.

SB 334-By Kinder.

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to a temporary exemption from state and local sales and use tax on retail sales of clothing before the start of the school year, with an emergency clause and a termination date.

SB 335-By Kinder.

An Act to amend chapter 490, RSMo, by adding thereto seven new sections relating to environmental audit privileges, with penalty provisions.

SB 336-By Caskey.

An Act to repeal section 192.935, RSMo 2000, relating to vision examinations for students, and to enact in lieu thereof two new sections relating to the same subject.

SB 337-By House.

An Act to amend chapter 1, RSMo, by adding thereto three new sections relating to the prohibition of interference with the free exercise of religion.

SB 338-By House.

An Act to repeal section 288.055, RSMo 2000, relating to employment security, and to enact in lieu thereof one new section relating to the same subject.

SB 339-By Stoll and Childers.

An Act to repeal section 313.835, RSMo 2000, relating to the veterans' commission capital improvements trust fund, and to enact in lieu thereof one new section relating to the same subject.

SB 340-By Stoll and Childers.

An Act to repeal section 313.835, RSMo 2000, relating to veterans' affairs, and to enact in lieu thereof seven new sections relating to the same subject.

SB 341-By Jacob.

An Act to repeal sections 57.010, 590.100, 590.130, 590.170 and 590.175, RSMo 2000, relating to law enforcement agencies, and to enact in lieu thereof three new sections relating to the same subject.

SB 342-By Jacob.

An Act to repeal section 478.610, RSMo 2000, relating to certain judges, and to enact in lieu thereof one new section relating to the same subject.

SB 343-By Scott.

An Act to repeal section 56.807, RSMo 2000, relating to the retirement system for prosecuting and circuit attorneys, and to enact in lieu thereof one new section relating to the same subject.

SB 344-By Rohrbach and Jacob.

An Act to repeal section 375.1220, RSMo 2000, relating to insurer liquidation law, and to enact in lieu thereof one new section relating to the same subject, with a termination date, with an emergency clause.

SB 345-By House.

An Act to repeal section 71.285, RSMo 2000, relating to removal of weeds, and to enact in lieu thereof one new section relating to the same subject.

REPORTS OF STANDING COMMITTEES

Senator DePasco and Senator Kenney, Co-Chairs of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 2, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

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

January 18, 2001

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Gracia Yancey Backer, 2885 State Road TT, New Bloomfield, Callaway County, Missouri 65063, as Director of the Division of Employment Security for the Department of Labor and Industrial Relations, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Catherine B. Leapheart, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 18, 2001

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Marilyn Taylor Williams, 10863 County Road 442, Dudley, Stoddard County, Missouri 63936, as Director of the Division of Professional Registration for the Department of Economic Development, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Randall J. Singer, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

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

SECOND READING OF SENATE BILLS

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

SB 151--Insurance and Housing.

SB 152--Ways and Means.

SB 153--Education.

SB 154--Education.

SB 155--Ways and Means.

SB 156--Commerce and Environment.

SB 157--Commerce and Environment.

SB 158--Insurance and Housing.

SB 159--Insurance and Housing.

SB 160--Insurance and Housing.

SB 161--Insurance and Housing.

SB 162--Insurance and Housing.

SB 163--Public Health and Welfare.

SB 164--Public Health and Welfare.

SB 165--Insurance and Housing.

SB 166--Insurance and Housing.

SB 167--Public Health and Welfare.

SB 168--Aging, Families and Mental Health.

SB 169--Local Government and Economic Development.

SB 170--Civil and Criminal Jurisprudence.

SB 171--Local Government and Economic Development.

SB 172--Ways and Means.

SB 173--Ways and Means.

SB 174--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 175--Local Government and Economic Development.

SB 176--Local Government and Economic Development.

SB 177--Ways and Means.

SB 178--Insurance and Housing.

SB 179--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 180--Aging, Families and Mental Health.

SECOND READING OF

CONCURRENT RESOLUTIONS

The following concurrent resolution was read the 2nd time and referred to the Committee indicated:

SCR 7--Rules, Joint Rules, Resolutions and Ethics.

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

SENATE CALENDAR

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TWELFTH DAY-TUESDAY, JANUARY 23, 2001

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

RESOLUTIONS

To be Referred

Reported from Committee

SCR 2-Singleton