Journal of the Senate

FIRST REGULAR SESSION

TWENTY-SIXTH DAY--THURSDAY, FEBRUARY 15, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Wisdom consists in doing the next thing you have to do, doing it with your whole heart and finding delight in doing it." (Meister Eckart)

Precious Lord, as we race through this day may we put our whole selves into what must be done so that it doesn't need to be redone. May we go to those we love and love them with our whole heart so completely that they know we are giving our whole self to them. And may we find the delight that comes from completely being present with them in the hearing of Your word this weekend. 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 of the previous day was read and approved.

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

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

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 203, regarding Ann L. Wagner, St. Louis, which was adopted.

Senator Kenney offered Senate Resolution No. 204, regarding Shauna McGinnis, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 205, regarding Boy Scout Troop 42, Lee's Summit, which was adopted.

Senator Steelman offered Senate Resolution No. 206, regarding Violet M. Black, Fulton, which was adopted.

Senator Gibbons offered Senate Resolution No. 207, regarding Mark Edward Price, Jr., St. Louis, which was adopted.

Senator Gibbons offered Senate Resolution No. 208, regarding Doc's Harley-Davidson, Kirkwood, which was adopted.

CONCURRENT RESOLUTIONS

Senators Steelman, Klarich, Stoll, Wiggins, Kinder, Scott, Staples, House, Loudon, Cauthorn, Yeckel, Gibbons, Rohrbach, DePasco, Childers, Russell, Klindt, Gross, Sims and Carter offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 17

WHEREAS, on January 29, 2001, the United States District Court for the District of Columbia in the case of Sierra Club v. Browner ordered the United States Environmental Protection Agency to decide by March 12, 2001, whether the St. Louis area is in serious violation of standards for ozone air pollution; and

WHEREAS, since the court was barred from ordering the Environmental Protection Agency to find the St. Louis area in "serious" violation, the question of what the EPA will ultimately decide to do is still open; and

WHEREAS, a "serious" designation by the Environmental Protection Agency for the St. Louis area would be significant for the region because it could deter the development of new industries in the region by requiring more costly and restrictive air pollution controls on industry aimed at improving air quality as well as imposing penalties, such as the withholding of federal highway dollars; and

WHEREAS, the state of Missouri and its citizens have worked hard to improve the St. Louis area's air quality though such steps as the use of reformulated gasoline, the implementation of stricter industry controls on emissions, improvements in mass transit, a vehicle inspection program that started in April 2000 and the placement of nozzles on gas pumps to collect gas fumes; and

WHEREAS, last year, the Environmental Protection Agency agreed to give the St. Louis area until November of 2003 to meet the ozone standards and any reduction in that timeframe would be unfair to the citizens of St. Louis and the state who have worked so diligently to improve the air quality:

NOW, THEREFORE, BE IT RESOLVED that the Missouri Senate, Ninety-first General Assembly, First Regular Session, the House of Representatives concurring therein, hereby urge the United States Environmental Protection Agency to provide the St. Louis area with the time promised last year to meet the ozone standards before declaring the area is in serious violation of standards for ozone air pollution; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for President George Bush, Environmental Protection Agency Administrator Christine Todd Whitman, Governor Bob Holden and each member of the Missouri congressional delegation.

INTRODUCTION OF BILLS

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

SB 492-By Westfall and Wiggins.

An Act to repeal section 36.030, RSMo 2000, relating to state personnel law, and to enact in lieu thereof one new section relating to the same subject.

SB 493-By Westfall and Wiggins.

An Act to repeal section 36.030, RSMo 2000, relating to state personnel law, and to enact in lieu thereof one new section relating to the same subject.

SB 494-By Stoll.

An Act to repeal sections 52.260 and 163.031, RSMo 2000, relating to ad valorem property tax collections, and to enact in lieu thereof three new sections relating to the same subject, with effective dates.

THIRD READING OF SENATE BILLS

SB 26, introduced by Senator Johnson and SB 126, introduced by Senator Bentley, with SCS, entitled respectively:

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to high school diplomas for World War II veterans.

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to high school diplomas for World War II veterans.

Were called from the Consent Calendar and taken up by Senator Johnson.

SCS for SBs 26 and 126, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 26 and 126

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to high school diplomas for World War I and World War II veterans.

Was taken up.

Senator Johnson moved that SCS for SBs 26 and 126 be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for SBs 26 and 126 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

CONCURRENT RESOLUTIONS

Senator Gross moved that SCR 3 be taken up for adoption, which motion prevailed.

On motion of Senator Gross, SCR 3 was adopted by the following vote:

Senator Klarich moved that SCR 5, with SCS be taken up for adoption, which motion prevailed.

SCS for SCR 5 was taken up.

Senator Klarich offered SS for SCS for SCR 5:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION NO. 5

WHEREAS, the state abuse and neglect hotline received approximately 46,270 reports of child abuse or neglect, involving nearly 71,500 children in Missouri in 1999; and

WHEREAS, approximately, 17,700 reports were assigned for further investigation in 1999 and, of those investigated, 54 percent were found to be unsubstantiated; and

WHEREAS, there exists a need for continued accountability in the review and investigation of child abuse and neglect cases; and

WHEREAS, there exists an additional need for assistance within and oversight of the agencies handling child abuse and neglect reports in order to ensure that every child's case is appropriately handled; and

WHEREAS, a need for clarification, uniformity, accountability and standardization of what constitutes the best interest of the child exists; and

WHEREAS, there is a general presumption pursuant to Chapters 210, 452, 453, 454, 455 and 487, RSMo, that the courts of the state of Missouri in consideration of matters involving domestic relations and particularly those matters concerning child custody and visitation shall under the law use their discretion to protect the best interest of the child; and

WHEREAS, there exists a need for families to be able to have expectations on how the law will be applied and to not rely solely upon the discretion of the court without accountability for the court's findings; and

WHEREAS, there exists a need for specific statutory guidelines directing the court in their consideration and deliberation of child custody and visitation when determining the best interest of the child and a required format for reporting the court's findings to provide for uniformity and accountability and to reduce arbitrary discretion; and

WHEREAS, there exists a need to prevent arbitrary discretion in the termination of parental rights without uniformity and accountability for the findings of the court:

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 authorize the creation of a Child Abuse and Neglect Commission in the office of the Governor which shall evaluate the laws and rules relating to child abuse, neglect, child custody and visitation and termination of parental rights and shall make recommendations on further action or legislative remedies, if any, to be taken as necessary; and

BE IT FURTHER RESOLVED that such Commission shall review and recommend standardized guidelines for judicial review of what constitutes the best interest of the child; and

BE IT FURTHER RESOLVED that the Child Abuse and Neglect Commission shall be composed of 11 members to be appointed by the Governor, including a county prosecutor, a law enforcement officer, a juvenile officer, a member of the clergy, a psychologist, a pediatrician, an educator, a Division of Family Services designee, and three citizens of the state of Missouri to serve four-year terms and of the members first appointed, three shall serve for a term of two years, three shall serve for a term of three years, and four shall serve for a term of four years; and

BE IT FURTHER RESOLVED that the Commission shall make its first report to the Governor and the General Assembly by February 1, 2002, and any subsequent reports shall be made to the Governor and the General Assembly as necessary; and

BE IT FURTHER RESOLVED that all members shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their official duties for the Commission; and

BE IT FURTHER RESOLVED that the office of the Governor shall provide funding, administrative support, and staff for the effective operation of the Commission; and

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

Senator Klarich moved that SS for SCS for SCR 5 be adopted.

Senator Bentley offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Concurrent Resolution No. 5, Page 2, Lines 25 and 28, by deleting the number "11" and inserting in lieu thereof the number "12"; and in line 28 after the word "educator," the following: "the chairman of the Childrens Services Commission,".

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

Senator Sims offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Concurrent Resolution No. 5, Page 3, Line 6, by adding after the word "Governor" the words: ", the chief justice of the Supreme Court,".

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

Senator Gross assumed the Chair.

Senator Klarich offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Concurrent Resolution No. 5, Page 3, Line 2, by striking the word "three" and inserting in lieu thereof the following: "four".

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

Senator Bland offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Concurrent Resolution No. 5, Page 2, Line 29, by inserting after the word "Missouri" the following: ", chosen to reflect the racial composition of the state,".

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

On motion of Senator Klarich, SS for SCS for SCR 5, as amended, was adopted by the following vote:

MISCELLANEOUS

President Pro Tem Kinder submitted the following revised Senate Hearing Schedule:

COMMITTEE APPOINTMENTS

President Pro Tem Kinder submitted the following:

February 15, 2001

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 Michael Gibbons to the Senate Civil and Criminal Jurisprudence Committee.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

REFERRALS

President Pro Tem Kinder referred SS for SCS for SBs 46 and 47 to the Committee on State Budget Control.

President Pro Tem Kinder referred HCR 13 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

RE-REFERRALS

President Pro Tem Kinder re-referred SB 455 to the Committee on Commerce and Environment.

President Pro Tem Kinder re-referred SB 334 to the Committee on Ways and Means.

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 House has taken up and passed HCS for HBs 302 and 38, entitled:

An Act to repeal sections 302.302, 302.309, 302.505, 302.510, 302.520, 302.541, 306.112, 306.117, 577.012 and 577.037, RSMo 2000, relating to driving with excessive blood alcohol content, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

President Pro Tem Kinder assumed the Chair.

INTRODUCTION OF BILLS

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

SB 495-By Schneider.

An Act to repeal sections 478.320 and 478.437, RSMo 2000, relating to judges in certain judicial circuits, and to enact in lieu thereof two new sections relating to the same subject.

SB 496-By Schneider.

An Act to repeal section 287.210, RSMo 2000, relating to workers' compensation, and to enact in lieu thereof one new section relating to the same subject.

SB 497-By Westfall.

An Act to amend chapter 163, RSMo, by adding thereto one new section relating to state aid for education of students with limited English proficiency.

SB 498-By Westfall.

An Act to amend chapter 252, RSMo, by adding thereto one new section relating to damages caused by wild elk to motor vehicles.

SB 499-By Mathewson, Goode, Childers, Staples and Stoll.

An Act to repeal sections 394.020, 394.080, 394.120, 394.130, 394.200, 394.312 and 394.315, RSMo 2000, relating to retail electric choice, and to enact in lieu thereof twenty-three new sections relating to the same subject.

SB 500-By Mathewson.

An Act to repeal sections 178.892, 620.470 and 620.474, RSMo 2000, relating to job training, and to enact in lieu thereof three new sections relating to the same subject.

SB 501-By Goode and Mathewson.

An Act to repeal sections 153.030 and 153.034, RSMo 2000, and to enact in lieu thereof ten new sections relating to the transfer of generation assets by electric utilities to affiliated entities and the development of new utility rate options for retail customers.

SB 502-By Jacob.

An Act to repeal sections 169.141 and 169.715, RSMo 2000, relating to teacher and school employee retirement, and to enact in lieu thereof two new sections relating to the same subject.

SB 503-By DePasco.

An Act to amend chapter 300, RSMo, by adding thereto one new section relating to traffic regulations.

SB 504-By Loudon.

An Act to repeal sections 143.111 and 143.113, RSMo 2000, relating to income tax deductions for health insurance costs, and to enact in lieu thereof four new sections relating to the same subject.

SB 505-By Loudon.

An Act to repeal section 287.020, RSMo 2000, relating to workers' compensation, and to enact in lieu thereof one new section relating to the same subject.

SJR 15-By Westfall.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 30 (b) of article IV of the Constitution of Missouri relating to transportation funding, and adopting one new section in lieu thereof relating to the same subject.

REPORTS OF STANDING COMMITTEES

Senator Rohrbach, Chairman of the Committee on Insurance and Housing, submitted the following report:

Mr. President: Your Committee on Insurance and Housing, to which were referred SB 391 and SB 395, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Westfall, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 222, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Westfall, Chairman of the Committee on Transportation, submitted the following reports:

Mr. President: Your Committee on Transportation, to which was referred SB 244, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Transportation, to which were referred SB 52 and SB 91, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Klarich, Chairman of the Committee on Judiciary, submitted the following reports:

Mr. President: Your Committee on Judiciary, to which was referred SB 267, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Judiciary, to which was referred SB 381, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Loudon, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 114, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 339, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 339, Page 2, Section 313.835, Line 51, by striking the words "Veterans' Administration" and inserting in lieu thereof the words "United States Department of Veterans' Affairs"; and further amend line 52, by striking the words "Veterans' Administration System" and inserting in lieu thereof the words "United States Department of Veterans' Affairs".

Senator Sims, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 48, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On behalf of Senator Steelman, Chairman of the Committee on Commerce and Environment, Senator Kenney submitted the following reports:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 400, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 374, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Bentley, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred SB 239, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Foster, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 238 and SB 250, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 SCR 13, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 14, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE COMMITTEE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION NO. 14

WHEREAS, growing numbers of underinsured Missourians, an increasingly price-driven health care marketplace, and continued growth in enrollment of Medicaid beneficiaries are having critical implications for the future soundness of Missouri's health care safety net that serves a large portion of low-income and uninsured Missourians; and

WHEREAS, despite the nation's robust economy, certain populations in the state of Missouri continue to remain outside the medical and economic mainstream, having little or no access to stable health care coverage; and

WHEREAS, these populations include uninsured citizens of Missouri, low-income underinsured individuals, Medicaid beneficiaries, and patients with special health care needs who rely on safety providers for their care; and

WHEREAS, institutions and physicians in the state of Missouri that have a high level of demonstrated commitment to caring for the uninsured and underserved patients of Missouri are experiencing serious financial problems due to that commitment; and

WHEREAS, these providers in the state include ConnectCare in St. Louis, Truman Medical Centers in Kansas City and University of Missouri Health Care in Columbia, the only state-owned acute care facility serving the state's rural population, comprise Missouri's health care safety net; and

WHEREAS, the number of financially vulnerable people in the state is growing, the direct and indirect subsidies that have helped finance uncompensated care are eroding, and the rapid growth of Medicaid managed care are having significant adverse effects:

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate, Ninety-first General Assembly, First Regular Session, the House of Representatives concurring therein, hereby establish a Joint Interim Committee on Health Care to study the current funding system for safety net providers and develop legislative and budgetary policy that will ensure appropriate compensation as well as preserve the long-term viability of Missouri's safety net providers in recognition of the critical contribution these health care programs have made to the welfare of Missouri's citizens; and

BE IT FURTHER RESOLVED that said committee shall be composed of five members of the Senate, to be appointed by the President Pro Tem of the Senate, and five members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; and

BE IT FURTHER RESOLVED that said committee prepare a report, together with its recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of the Second Regular Session of the Ninety-first General Assembly; and

BE IT FURTHER RESOLVED that Senate Research, the Committee on Legislative Research, and House Research shall provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

BE IT FURTHER RESOLVED that the actual and necessary expenses of the committee, its members and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof shall be paid from the Joint Contingent Fund.

RESOLUTIONS

Senator Johnson offered Senate Resolution No. 209, regarding Julia Rupp, St. Joseph, which was adopted.

Senator Johnson offered Senate Resolution No. 210, regarding Anthony Shop, Kansas City, which was adopted.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

February 13, 2001

The Honorable Bill Kenney

Missouri Senate

State Capitol

Jefferson City, MO 65101

Dear Senator Kenney:

Please be advised that I am hereby appointing you to serve on the Joint Committee on Legislative Research (Chapter 23.010.RSMo).

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

Also,

February 14, 2001

The Honorable Sidney Johnson

Missouri Senate

State Capitol

Jefferson City, MO 65101

Dear Senator Johnson:

Please be advised that I am hereby appointing you to serve on the Missouri Children's Services Commission (pursuant to Section 210.101, RSMo).

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

Senator Kenney submitted the following:

February 15, 2001

Ms. Terry Spieler

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members were present and voted unanimously to approve the River Alliance Republican Caucus.

A list of members is attached.

Sincerely,

/s/ Bill Kenney

Senator Bill Kenney

Attachment (1)

Senator Michael Gibbons Senator Chuck Gross

Senator Bill Kenney Senator Peter Kinder

Senator David Klarich Senator David Klindt

Senator John Loudon Senator Larry Rohrbach

Senator John Russell Senator Betty Sims

Senator Sarah Steelman Senator Anita Yeckel

INTRODUCTIONS OF GUESTS

Senator Childers introduced to the Senate, the Physician of the Day, Dr. James P. Lukavsky, M.D., and his children, Chris and Michelle, Nixa.

Senator Klarich introduced to the Senate, Major General Bob Hollingsworth and Lou Andrews, St. Louis County.

Senator Sims introduced to the Senate, Major Robert Thompson, Division Commander and Major David Stewart, General Secretary, Missouri Salvation Army.

On motion of Senator Kenney, the Senate adjourned until 4:00 p.m., Monday, February 19, 2001.