Journal of the Senate

SECOND REGULAR SESSION

SECOND DAY--THURSDAY, JANUARY 10, 2002

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"The word of the Lord is upright, and all his work is done in faithfulness." (Psalm 33:4)

Heavenly Father, teach us what to do with our lives in answer to the unspeakable riches of Your blessings to us. Be with us this day to deal with the various challenges that await us and help us to be faithful in our serving. Please watch our "going out and coming in" as we travel back to loved ones this day. In Your Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 874, regarding Marge Nichols Sullivan, Cape Girardeau, which was adopted.

Senator Mathewson offered Senate Resolution No. 875, regarding the Eightieth Birthday of Don Jackson, Richmond, which was adopted.

Senator Mathewson offered Senate Resolution No. 876, regarding Neta Rosa Vick Hayes Hustler, Warsaw, which was adopted.

Senator Kenney offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 877

BE IT RESOLVED, by the Senate of the Ninety-first General Assembly of Missouri, Second Regular Session, that the rules adopted by the Ninety-first General Assembly of the State of Missouri, First Regular Session, as amended, insofar as they are applicable, be adopted as the temporary rules for the control of the deliberations of the Senate of the Ninety-first General Assembly, Second Regular Session.

The Journal of the previous day was read and approved.

Photographers from 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

Senators Wiggins, Bland, Caskey, Jacob, Bentley, Stoll, Gibbons and Cauthorn offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 878

WHEREAS, the members of the Missouri Senate were truly saddened by the death of a former State Representative and an exemplary Missouri citizen, Annette Noble Morgan, on Tuesday, December 18, 2001, at the age of sixty-three; and

WHEREAS, born in Kennett, Missouri, Annette Morgan was a model member of an extended family known for its public service contributions and which included her grandfather, John Bradley, who served on the Missouri Supreme Court and the Springfield Court of Appeals; her mother, Alletha Noble, who was a lawyer and teacher; and her father, John Noble, a lawyer who served sixteen years as a state Senator; and

WHEREAS, to prepare for her chosen life's work, Annette Morgan earned a Bachelor of Arts degree in social work from the University of Missouri-Columbia and a Master of Arts degree in adult and continuing education from the University of Missouri-Kansas City; and

WHEREAS, Annette Morgan pursued a teaching career that began in the Bootheel with her helping migrant workers before she slightly shifted the focus of her endeavors to instruct at William Chrisman High School in Independence and to serve as coordinator of adult and continuing education at Avila College; and

WHEREAS, in 1981 Annette Morgan took her seat in the Missouri General Assembly where she quickly became known as a heartfelt advocate for education and a tireless proponent of educational and health legislation, including the Excellence in Education Act, a bill authorizing the first 24-hour skilled nursing facility in the Midwest for HIV-AIDS, and numerous others; and

WHEREAS, preceded in death by her husband of many years, William B. Morgan, the late Annette Morgan is survived by her children, John and Veronica Morgan of Kansas City and Kathy and David Campbell of Kansas City; granddaughter, Alexis Morgan Campbell; brother, John Noble; aunt, Mildred Kern; many cousins, including Miriam Auble of Kennett; and a true friend, William P. Mackle:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously to remember the exceptional endeavors and accomplishments of the late Annette Morgan and to convey to her many family members, friends, neighbors, and colleagues this legislative body's most heartfelt condolences at the passing of her considerable warmth and light from their daily lives; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in memory of the outstanding life and work of the late Annette Noble Morgan of Kansas City, Missouri.

Senator Jacob offered the following resolution:

SENATE RESOLUTION NO. 879

Notice is hereby given by the Senator from the 19th District, pursuant to the one-day notice requirement of Senate Rule 97, of the intent to put forth a motion to adopt the following rule change:

WHEREAS, in order to protect the interests of all the citizens of the Missouri, it is essential that the Missouri Senate maintain employment practices of support staff that will facilitate the hiring and retention of competent professionals; and

WHEREAS, the elected Senators themselves and members of their immediate staff are essentially partisan, it is in the state's best interest for Senate support staff to be nonpartisan; and

WHEREAS, fifty-two years passed before there was a change in the majority party in the Missouri Senate, such change will always be subject to the outcome of elections every two years; and

WHEREAS, it clearly would not be in the Senate's or the state's best interest to replace support staff based on the outcome of elections; and

WHEREAS, it is natural that employees that are currently employed would have cause to believe that their job security is in question due to the change in partisan control and the overwhelming rate of turnover in support staff following the recent change in partisan control; and

WHEREAS, it is essential that support staff serve all Senators regardless of party affiliation such that the hiring decisions should be made outside a partisan environment and that such employment decision be on a consensus basis; and

WHEREAS, the Senate support staff should perform functions of a nonpartisan and nonpolitical nature and should remain nonpartisan and nonpolitical and should be able to perform their duties safe from fear of partisan and political retribution and in a fair nonpartisan employment environment; and

WHEREAS, there are a very limited number of positions which are best performed by individuals with a partisan or political relationship to the member or members:

NOW THEREFORE BE IT RESOLVED that a Senate Committee on Safe and Fair Employment Practices composed of three Republicans and three Democrats be established to preside over any employment decisions affecting employees of the Senate, other than employees of the individual senators and their district offices; and

BE IT FURTHER RESOLVED that this committee shall also periodically conduct a comprehensive review of staff functions and staff structure in those offices serving the body of the Missouri Senate and further determine what functions the staff should perform and whether the current allocation of resources most efficiently meets the needs of the Senate of today and tomorrow; and

BE IT FURTHER RESOLVED that rule 25 and rule 28 be revised 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, 9 members.

3. Committee on Agriculture, Conservation, Parks and Tourism, 9 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, 11 members.

8. Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, 9 members.

9. Committee on Gubernatorial Appointments, 9 members.

10. Committee on Insurance and Housing, 9 members.

11. Committee on Interstate Cooperation, 5 members.

12. Committee on Judiciary, 7 members.

13. Committee on Labor and Industrial Relations, 7 members.

14. Committee on Local Government and Economic Development, 9 members.

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

16. Committee on Pensions and General Laws, 9 members.

17. Committee on Public Health and Welfare, 7 members.

18. Committee on Rules, Joint Rules, Resolutions and Ethics, 7 members.

19. Committee on Safe and Fair Employment Practices, 6 members; to be composed of 3 members of the majority party and 3 members of the minority party.

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

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

[21.] 22. Committee on Ways and Means, 9 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, and 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 Financial and Governmental Organization, Veterans' Affairs and Elections 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. The committee shall consider all questions and report on all bills, resolutions and on all matters referred to it relating to election law and to military organizations 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 Gubernatorial Appointments shall consider and report upon all gubernatorial appointments referred to it.

10. 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.

11. The Committee on Interstate Cooperation shall consider all matters and examine and report on all bills and other matters referred to it which relate to interstate problems and cooperation.

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.

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.

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.

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

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.

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.

18. The Committee on Rules, Joint Rules, Resolutions and Ethics shall consider and report on all rules for the government of the senate and joint rules when requested by the senate, 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.

19. The Committee on Safe and Fair Employment Practices shall determine the needs of the Senate for support staff, employment and compensation for all employees of the Senate other than employees of the individual senators and senate district offices. The committee shall be authorized to employ a Senate Administrator, who shall be provided with office space as designated by the committee. All employees of the Senate, other than elected officials of the Senate and employees of the individual senators and senate district offices, shall be selected by the committee, who shall control their tenure, set their compensation, assign their duties and exercise complete supervision over them so as to ensure the nonpartisan nature of such employees and to provide them with a safe and fair employment environment.

20. 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.

[20.] 21. 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.

[21.] 22. 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.".

Senator Gibbons offered Senate Resolution No. 880, regarding Barretts Elementary School D.A.R.E. Program, Manchester, which was adopted.

Senator Schneider offered the following resolution:

SENATE RESOLUTION NO. 881

Notice of Proposed Rule Change

Notice is hereby given by the Senator from the Fourteenth District of the one day's notice pursuant to rule 97 of intent to put a motion to adopt the following rule change:

BE IT RESOLVED by the Senate of the Ninety-First General Assembly, Second Regular Session, that the temporary rules be amended to read as follows:

"Rule 97. No standing rule or order of the senate shall be rescinded or changed without one day's notice being given of the motion thereof, which notice shall be printed in the journal of the senate, and then only by a vote of at least a majority of the senators elected; except that any rule, including this rule, may be suspended for a special purpose, stated in the motion to suspend, by a vote of a two-thirds majority of the members elected to the senate, and such rule shall remain suspended only until the senate proceeds to the consideration of business other than that for which the rule was suspended. Upon one day's notice of the proposed rule change having been given, the senate resolution adopting such rule change shall not be assigned to a committee without consent of the sponsoring senator and shall be considered by the senate as a special order of business any day thereafter upon motion of the sponsor.".

Senator Schneider offered Senate Resolution No. 882, regarding the death of Carla Henry, which was adopted.

Senators Schneider and Goode offered Senate Resolution No. 883, regarding Michon's Barbeque & Fish Restaurant & Lounge, Normandy, which was adopted.

Senator Kenney offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 884

BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to have placed in the Post Office of the Senate, or delivered each day to such other address as may be designated, Missouri newspapers for each Senator and each elected officer of the Senate, such papers to be designated by the Senator or officer, and the expenses of the same to be paid out of the contingent fund of the Senate.

Senator Kenney offered the following resolution, which was adopted:

SENATE RESOLUTION NUMBER 885

WHEREAS, on September 11, 2001, the United States of America suffered a deadly attack in a brutal and cowardly act of terrorism; and

WHEREAS, the September 11, 2001, terrorist attacks in New York, Washington, D.C., and Pennsylvania resulted in more than 3000 Americans and other world citizens being killed or declared missing, including Mr. Randy Drake, 37, Lee's Summit, Sgt. Major Lacey Ivory, 43, Kansas City; Julie M. Geis, Lee's Summit and an unknown number of other friends, family, and relations of our state; and

WHEREAS, the Missouri Senate wishes to express its deep heartfelt sympathy to those who have experienced loss in this horrendous crime and extend our hands in support and comfort; and

WHEREAS, we affirm the courageous efforts of fire and police personnel, civil servants, and disaster relief volunteers for their heroic and sacrificial service to the victims and their families; and

WHEREAS, we prayerfully support our military service personnel, and all civil servants who bravely defend our freedom, both in our homeland and abroad; and

WHEREAS, the Missouri Senate reaffirms its commitment to exercise all due diligence to preserve and protect the safety and freedoms of all Missourians; and

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, Second Regular Session, affirm President George W. Bush, his leadership team, and the United States Congress for their courageous leadership during these days of national and international crisis; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for President George W. Bush, United States Secretary of Defense Donald Rumsfeld, and each member of the Missouri Congressional delegation.

INTRODUCTION OF BILLS

Senator Singleton requested unanimous consent of the Senate to withdraw SB 846 and SB 847, which request was granted.

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

SB 912-By Mathewson.

An Act to repeal section 311.178, RSMo, relating to liquor licenses, and to enact in lieu thereof one new section relating to the same subject.

SB 913-By Rohrbach.

An Act to amend chapter 578, RSMo, by adding thereto one new section relating to the crime of promoting or providing a Mexican poker contest, with a penalty provision.

SB 914-By Jacob.

An Act to repeal sections 160.534, 173.250 and 313.820, RSMo, relating to gaming and the distribution of educational proceeds, and to enact in lieu thereof four new sections relating to the same subject, with an expiration date for a certain section.

SB 915-By Westfall, Goode, Russell and Staples.

An Act to repeal sections 142.803, 144.020, 144.440, 144.700 and 226.200, RSMo, relating to transportation, and to enact in lieu thereof seven new sections relating to the same subject, with a referendum clause, effective date and a contingent termination date for certain sections.

SB 916-By Dougherty, Bentley and Sims.

An Act to repeal section 488.445, RSMo, relating to surcharges on civil cases/marriages, and to enact in lieu thereof one new section relating to the same subject.

SB 917-By Dougherty and Sims.

An Act to repeal section 210.516, RSMo, relating to foster care, and to enact in lieu thereof one new section relating to the same subject.

SB 918-By Klarich.

An Act to amend chapter 71, RSMo, by adding thereto one new section relating to the display of the United States flag.

SB 919-By Klarich.

An Act to repeal section 301.560, RSMo, relating to licensing of motor vehicle dealers, and to enact in lieu thereof one new section relating to the same subject.

SECOND READING OF SENATE BILLS

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

SB 631--Judiciary.

SB 632--Ways and Means.

SB 633--Insurance and Housing.

SB 634--Ways and Means.

SB 635--Insurance and Housing.

SB 636--Local Government and Economic Development.

SB 637--Judiciary.

SB 639--Public Health and Welfare.

SB 640--Aging, Families and Mental Health.

SB 641--Labor and Industrial Relations.

SB 642--Public Health and Welfare.

SB 643--Pensions and General Laws.

SB 644--Transportation.

SB 645--Local Government and Economic Development.

SB 646--Transportation.

SB 647--Transportation.

SB 648--Ways and Means.

SB 649--Interstate Cooperation.

SB 650--Judiciary.

SB 651--Public Health and Welfare.

SB 652--Public Health and Welfare.

SB 653--Aging, Families and Mental Health.

SB 654--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 655--Gubernatorial Appointments.

SB 656--Insurance and Housing.

SB 657--Judiciary.

SB 658--Insurance and Housing.

SB 659--Education.

SB 660--Transportation.

SB 661--Education.

SB 662--Civil and Criminal Jurisprudence.

SB 663--Ways and Means.

SB 664--Ways and Means.

SB 665--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 667--Education.

SB 668--Education.

SB 669--Local Government and Economic Development.

SB 670--Aging, Families and Mental Health.

SB 671--Public Health and Welfare.

SB 672--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 673--Civil and Criminal Jurisprudence.

SB 674--Education.

SB 675--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 676--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 677--Ways and Means.

SB 678--Education.

SB 679--Education.

SB 680--Public Health and Welfare.

SB 681--Education.

INTRODUCTIONS OF GUESTS

Senator Bentley introduced to the Senate, Toni Hendricks, Springfield.

Senator Steelman introduced to the Senate, the Physician of the Day, Dr. James T. Shaw, Hermann.

Senator Childers introduced to the Senate, Jonathan Mendenhall, Luke Douglas and Amy Huddleston, Point Lookout.

On motion of Senator Kenney, the Senate adjourned until 4:00 p.m., Monday, January 14, 2002.

SENATE CALENDAR

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THIRD DAY-MONDAY, JANUARY 14, 2002

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

RESOLUTIONS