Journal of the Senate

SECOND REGULAR SESSION

TENTH DAY--THURSDAY, JANUARY 24, 2002

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Worship the Lord in holy splendor; tremble before him, all the earth." (Psalm 96:9)

Almighty God, we thank You for this day and our being called to serve and follow Your leading. Bless us in the work we bring to a close for this week and instill in us to study Your word and share our faith with those we love as we travel back to those You have given to us to care for. 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

Senator Cauthorn offered Senate Resolution No. 965, regarding Thomas M. Hodges, DDS, Mexico, which was adopted.

Senator Gibbons offered Senate Resolution No. 966, regarding Weldon W. Nebel, Kirkwood, which was adopted.

Senator House offered Senate Resolution No. 967, regarding Ed Watkins, St. Louis, which was adopted.

Senator Cauthorn offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 968

WHEREAS, the members of the Missouri Senate occasionally pause in their diverse legislative endeavors in order to recognize those individuals with ties to the Show-Me State who have developed and maintained exemplary reputations down through the years for the quality of their endeavors in health care professions; and

WHEREAS, Thomas M. Hodges, DDS, of Mexico, Missouri, has distinguished himself as the holder of a License from the Missouri Dental Board for a period of Fifty Years; and

WHEREAS, on Thursday, January 24, 2002, Thomas Hodges will be the recipient of well-deserved honors and accolades as a guest of the Missouri State Legislature in the Chamber of the Missouri Senate; and

WHEREAS, sponsored by the Missouri Dental Board, the public recognition ceremony in the Missouri Senate will express the gratitude and respect of the entire state for a healing career which has spanned Fifty Years and improved the lives of countless citizens; and

WHEREAS, during the past five decades as a Dentist licensed by the Missouri Dental Board, Thomas Hodges has garnered a wealth of knowledge and skills which he has applied to the diligent preventive care and repair of his patient's teeth and gums which are so essential for good health and nutrition; and

WHEREAS, as a licensee of the Missouri Dental Board, Thomas Hodges has participated in a long tradition of professionalism and oversight which dates to the creation of the Board by the General Assembly in 1897 and its transfer to the Division of Professional Registration by the Omnibus State Reorganization Act of 1974 as a means of regulating this important aspect of health care and ensuring that the highest standards of general and specialty services are practiced:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously to applaud the Golden Anniversary of the registration of Thomas Hodges as a license holder with the Missouri Dental Board and to convey to him this legislative body's heartiest commendation for his stellar professional labors in the field of dentistry and our warmest regards and best wishes for continued personal successes; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in honor of the exceptional dental career of Thomas M. Hodges, DDS, of Mexico, Missouri.

Senator Sims offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 969

WHEREAS, the General Assembly fully recognizes the importance of preparing our youth to become active and productive citizens through worthwhile governmental and citizenship projects; and

WHEREAS, the General Assembly has a long tradition of rendering assistance to those organizations who sponsor these projects in the interest of our young people; and

WHEREAS, one clear example of such an organization is the Girl Scouts - Heart of Missouri Council which has established a council wide program for Junior Girl Scouts to work on the Model Citizen award; and

WHEREAS, the Model Citizen award deals with the rights and responsibilities that come with being a citizen of the United States and the state of Missouri, as well as policies, laws, and legislative procedures:

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate that the Girl Scouts-Heart of Missouri Council be hereby granted permission to use the Senate Chamber for its Model Citizen award program on Saturday, June 1, 2002, from 8:00 a.m. to 12:00 p.m.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 970

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of James W. Brothers of Kansas City; and

WHEREAS, Mr. Brothers, a native of Quincy, Illinois, graduated from McCooey High School in Hannibal, Missouri, and later attended the University of Missouri in Columbia; and

WHEREAS, Mr. Brothers served his country in the United States Army and had a lifetime career in the field of insurance, retiring from Marsh and McLennan, Inc.; and

WHEREAS, Mr. Brothers was a long time faithful member of St. Thomas More Catholic Church, was a volunteer at St. Joseph Health Center, was an election judge for the City of Kansas City, and an enthusiastic participant in Public Links Senior Golf; and

WHEREAS, Mr. Brothers was a long time personal friend and supporter, sometimes golf companion, of our colleague, the current Senator from the 10th District, Senator Harry Wiggins, who is anxious to honor his old friend in the annals of the history of Missouri by this Resolution, and who held his old friend in highest esteem for many reasons, not the least of which was Mr. Brothers' lifelong dedication to conservation, to parks and to preserving the great outdoors for future generations:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of Mr. James W. Brothers, outstanding Kansas Citian, express their appreciation for his lifetime of good citizenship and his contributions to Kansas City, to the University of Missouri, and to the entire State of Missouri, and express to his family and many friends most sincere sympathy on his death; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for his son, Jim F. Brothers, daughters Maureen, JoEllen and Peggy Brothers Dodge, two sisters, Sr. Marie Vincent, S.S.N.D. and Sr. Marie Kevin, S.S.N.D.

On behalf of Senator Dougherty, Senator Quick offered Senate Resolution No. 971, regarding Bill Kohn, St. Louis, which was adopted.

CONCURRENT RESOLUTIONS

Senator Caskey offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 39

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 recognition is in no way intended to aid in any way in enabling establishment of any tribal casinos or in earning gaming approval of any kind, and if so used this resolution is of no force and effort; and

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

Read 1st time.

Senator Sims offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 40

WHEREAS, there are more than 33,000 jobs in the motor vehicle and equipment manufacturing industry in Missouri; and

WHEREAS, the most recent figures for complete employment and wage data reveal a contribution of more than one and three-quarter billion dollars to the Missouri economy; and

WHEREAS, the state of Missouri has enjoyed a long-term partnership and mutually supportive relationship with Ford Motor Company; and

WHEREAS, this relationship began in 1907 with the opening of a sales and stock operation in St. Louis, the opening of a Ford plant in 1911 in Kansas City followed by the establishment of a Ford Model T plant in St. Louis in 1914; and

WHEREAS, the state of Missouri has long recognized the need for keeping Fords' work force as skilled and productive as possible and thus over the past decade has provided more than twenty-four million dollars in job training funds for the company in Missouri; and

WHEREAS, for more than 40 years, St. Louis had been one of the principal manufacturing satellites of Ford Motor Company; and

WHEREAS, St. Louis holds the distinction as the only metropolitan area outside Michigan with plants from all of the Big Three automakers; and

WHEREAS, Ford Motor Company has announced it will close its plant in Hazelwood by the middle of this decade, eliminating 2,640 jobs; and

WHEREAS, workers at the Hazelwood plant generate an annual payroll of approximately $165 million; and

WHEREAS, industry analysts rate the Explorer, made in Hazelwood, as the nation's top-selling sport utility vehicle; and

WHEREAS, reports by Harbour & Associates, Inc., of Troy, Michigan, which list Hazelwood as the fourth most efficient auto plant in the nation; and

WHEREAS, an auto plant has a substantial ripple effect on the surrounding economy, including the plant's need for parts and services, each Ford job supports three and a half other jobs in the area, pumping approximately $2.6 billion, directly and indirectly, into the St. Louis economy each year:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, support the assembly by the Governor of the Task Force on the Ford-Hazelwood Retention and direct the Task Force to immediately develop and execute a strategic plan to obtain the continued occupation and operation of the Hazelwood Ford Assembly Plant by Ford Motor Company; and

BE IT FURTHER RESOLVED that we most strongly urge the owners, executives and board of directors of Ford Motor Company to rescind their decision and work with the State of Missouri to find a mutually beneficial alternative to the closing of the Hazelwood plant; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the owners, executives and board of directors of Ford Motor Company.

INTRODUCTION OF BILLS

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

SB 1010-By Sims.

An Act to repeal sections 313.500, 313.510, 313.520, 313.530, 313.540, 313.550, 313.560, 313.580, 313.590, 313.600, 313.605, 313.610, 313.620, 313.630, 313.631, 313.632, 313.640, 313.652, 313.655, 313.660, 313.670, 313.710 and 313.720, RSMo, relating to horse racing and pari-mutuel wagering, and to enact in lieu thereof twenty-seven new sections relating to the same subject, with penalty provisions.

SB 1011-By Caskey.

An Act to repeal section 260.270, RSMo, and to enact in lieu thereof one new section relating to waste tires, with penalty provisions.

SB 1012-By Caskey.

An Act to repeal section 8.231, RSMo, relating to guaranteed energy cost savings contracts, and to enact in lieu thereof one new section relating to the same subject.

SB 1013-By Steelman and Stoll.

An Act to amend chapter 393, RSMo, by adding thereto six new sections relating to transfers of electrical corporations.

SB 1014-By Klindt and Kinder.

An Act to repeal sections 28.600, 28.603, 28.606, 28.609, 28.612, 28.615, 28.618, 28.621, 28.624, 28.627, 28.630, 28.633, 28.636, 28.639, 28.642, 28.645, 28.648, 28.651, 28.654, 28.657, 28.660, 28.663, 28.666, 28.669, 28.672, 28.675, 28.678 and 28.681, RSMo, relating to the uniform electronic transactions act, and to enact in lieu thereof seventeen new sections relating to the same subject.

SB 1015-By Foster and Mathewson.

An Act to repeal section 253.080 and 253.082, RSMo, relating to state parks, and to enact in lieu thereof four new sections relating to the same subject.

SB 1016-By Foster, Cauthorn, Westfall and Klindt.

An Act to repeal sections 414.012, 414.032, 414.042, 414.052, 414.072, 414.073, 414.082, 414.112 and 414.122, RSMo, and to enact in lieu thereof ten new sections relating to blended fuels.

SB 1017-By Cauthorn.

An Act to repeal section 67.1003, RSMo, relating to transient guest tax, and to enact in lieu thereof one new section relating to the same subject.

SB 1018-By Westfall.

An Act to repeal section 578.395, RSMo, relating to ticket scalping, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 1019-By Stoll.

An Act to repeal section 318.100, RSMo, relating to licensing requirements, and to enact in lieu thereof one new section relating to the same subject.

SB 1020-By Stoll, Dougherty, Kennedy, DePasco, Wiggins and Schneider.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating solely to the creation of an earned income tax credit.

SB 1021-By Wiggins.

An Act to repeal sections 435.012, 435.014, 435.350, 435.355, 435.360, 435.365, 435.370, 435.375, 435.380, 435.385, 435.390, 435.395, 435.400, 435.405, 435.410, 435.415, 435.420, 435.425, 435.430, 435.435, 435.440, 435.445, 435.450, 435.455, 435.460, 435.465, and 435.470, RSMo, and to enact in lieu thereof thirty-two new sections relating to arbitration, with an effective date for the repeal of certain sections.

SB 1022-By Rohrbach and Goode.

An Act to repeal section 565.030, RSMo, and to enact in lieu thereof one new section relating to first degree murder.

SB 1023-By Bentley.

An Act to repeal section 135.530, RSMo, relating to tax credits for distressed communities, and to enact in lieu thereof one new section relating to the same subject.

SB 1024-By Bentley.

An Act to amend chapter 334, RSMo, by adding thereto one new section relating to medical records.

SB 1025-By Jacob and Wiggins.

An Act to amend chapter 226, RSMo, by adding thereto one new section relating to a moratorium on new billboard construction, with an emergency clause and a termination date.

SB 1026-By Kenney, Singleton, Sims, Steelman, DePasco and Wiggins.

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to health insurance coverage.

SB 1027-By Kinder, Cauthorn, Klindt and Gross.

An Act to repeal section 21.750, RSMo, relating to rights of political subdivisions, and to enact in lieu thereof one new section relating to the same subject.

Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointment, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Sheila S. Dullum, Maria Perron and Shelley L. Burns, as members of the Child Abuse and Neglect Review Board;

Also,

Victoria A. Horst and Christel H. Johnson, as members of the Advisory Commission for Professional Physical Therapists;

Also,

James R. Asahl, Errol Bush, Charles Ray Jackson and Barbara Gulick, as members of the Advisory Committee for 911 Service Oversight;

Also,

Gail Brown-Rozelle, Mary K. Matalone and Linda M. Prewitt, as members of the Advisory Committee on Lead Poisoning;

Also,

J. Keith Nisbett, Ph.D., as a member of the Amusement Ride Safety Board;

Also,

Charles Ward Bond, Charles C. Jensen, Sammy Lee Page and Jacquelyn Moore, as members of the Commission for the Missouri Senior Rx Program;

Also,

Roslyn Morgan, as a member of the Consolidated Health Care Plan Board of Trustees;

Also,

Barbara Adelman and Richard Freuh, as members of the Dam and Reservoir Safety Council;

Also,

Elmo Shaw and Donald R. Wilson, D.V.M., as members of the Missouri Ethanol and Other Renewable Fuel Sources Commission;

Also,

Carolyn Y. Mitchell-Pegue, as a member of the Missouri Fire Education Commission;

Also,

David A. Pennington, as a member of the Missouri Fire Safety Advisory Board;

Also,

Tracy Maria Reed, D.P.M., and Rick A. Martin, M.D., as members of the Missouri Genetic Advisory Committee;

Also,

Terry Butler, Bradley Freeman, Douglas E. Mitchell and Stephen A. Jordan, Ph.D., as members of the Missouri Head Injury Advisory Council;

Also,

Bryan L. Forbis, as a member of the Public Service Commission;

Also,

Keith F. Fuller, as Supervisor of the Division of Liquor Control.

Senator Kinder requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Kinder moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointment, which motion prevailed.

Senator Singleton, Chairman of the Committee on Public Health and Welfare, submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 651, 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 662 and SB 704, 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 Transportation, submitted the following report:

Mr. President: Your Committee on Trans-portation, to which was referred SB 660, 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 650, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Judiciary, to which was referred SB 958 and SB 657, 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 reports:

Mr. President: Your Committee on Education, to which was referred SB 668, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Education, to which was referred SB 659, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Rohrbach assumed the Chair.

INTRODUCTION OF BILLS

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

SB 1028-By Russell.

An Act to repeal section 67.1866, RSMo, and to enact in lieu thereof one new section relating to law enforcement districts.

SB 1029-By Sims.

An Act to repeal sections 197.317, 197.318, 198.015 and 198.022, RSMo, relating to certificate of need, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

SB 1030-By Kennedy.

An Act to repeal section 59.800, RSMo, relating to the statutory county recorder's fund, and to enact in lieu thereof one new section relating to the same subject.

SB 1031-By Schneider.

An Act to repeal sections 536.010, 536.063, 536.067, 536.070, 536.073, 536.077, 536.080, 536.083, 621.015, 621.045 and 621.100, RSMo, relating to the administrative hearing procedures, and to enact in lieu thereof nine new sections relating to the same subject, with an effective date.

RE-REFERRALS

President Pro Tem Kinder re-referred SB 696 to the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections.

SECOND READING OF

CONCURRENT RESOLUTIONS

The following Concurrent Resolution was read the 2nd time and referred to the Committee indicated:

SCR 38--Rules, Joint Rules, Resolutions and Ethics.

SECOND READING OF SENATE BILLS

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

SB 911--Pensions and General Laws.

SB 912--Local Government and Economic Development.

SB 913--Pensions and General Laws.

SB 914--Education.

SB 915--Transportation.

SB 916--Judiciary.

SB 917--Aging, Families and Mental Health.

SB 918--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 919--Commerce and Environment.

SB 920--Pensions and General Laws.

SB 921--Transportation.

SB 922--Civil and Criminal Jurisprudence.

SB 923--Aging, Families and Mental Health.

SB 924--Public Health and Welfare.

SB 925--Transportation.

SB 926--Commerce and Environment.

SB 929--Public Health and Welfare.

SB 930--Transportation.

SB 931--Judiciary.

SB 932--Judiciary.

SB 933--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 934--Education.

SB 935--Education.

SB 936--Education.

SB 937--Education.

SB 939--Pensions and General Laws.

SB 940--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 941--Commerce and Environment.

SB 942--Judiciary.

SB 943--Insurance and Housing.

SB 944--Education.

SB 945--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 946--Transportation.

SB 947--Education.

SB 948--Pensions and General Laws.

SB 949--Education.

SB 950--Transportation.

SB 951--Public Health and Welfare.

SB 952--Labor and Industrial Relations.

SB 954--Labor and Industrial Relations.

SB 956--Insurance and Housing.

SB 957--Transportation.

SB 959--Commerce and Environment.

SB 960--Transportation.

SB 961--Pensions and General Laws.

SB 962--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 963--Ways and Means.

SB 964--Commerce and Environment.

SB 965--Civil and Criminal Jurisprudence.

SB 966--Transportation.

SB 967--Insurance and Housing.

SB 968--Transportation.

SB 969--Civil and Criminal Jurisprudence.

SB 970--Transportation.

SB 971--Commerce and Environment.

SB 972--Agriculture, Conservation, Parks and Tourism.

SB 973--Commerce and Environment.

SB 974--Agriculture, Conservation, Parks and Tourism.

SB 976--Public Health and Welfare.

SB 977--Financial and Governmental Organization, Veterans' Affairs and Elections.

COMMUNICATIONS

Pursuant to the provisions of Section 226.133, RSMo, the Missouri Department of Transportation has presented to the General Assembly its proposed plan and an analysis thereof. A copy is on file in the office of the Secretary of Senate.

INTRODUCTIONS OF GUESTS

Senator Kennedy introduced to the Senate, Joanne C. Crevoiserat, St. Louis.

Senator Cauthorn introduced to the Senate, Diane Henage, Barry Knipfel, Wilma Johnson and Tawnya Thilmoney, Audrain County.

Senator Stoll introduced to the Senate, dental professionals from across the state.

Senator Kinder introduced to the Senate, Dr. and Mrs. Dan B. Cotner, DDS, and Dr. Danna P. Cotner, DDS, Cape Girardeau.

Senator Wiggins introduced to the Senate, Dr. Claron P. Western, DDS, Kansas City.

Senator Cauthorn introduced to the Senate, Dr. Thomas M. Hodges, DDS, and Bruce and Robert Hodges, Mexico.

Senator Klindt introduced to the Senate, Dr. R.L. (Sye) Hinkle, DDS, and the McCall family, Bethany.

Senator Kennedy introduced to the Senate, Dr. Edward Croghan, DDS, St. Louis.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Jim Jones, M.D., Columbia.

On motion of Senator Kenney, the Senate adjourned until 4:00 p.m., Monday, January 28, 2002.

SENATE CALENDAR

______

ELEVENTH DAY-MONDAY, JANUARY 28, 2002

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

RESOLUTIONS

To be Referred