Journal of the Senate

SECOND REGULAR SESSION

TWENTY-THIRD DAY--MONDAY, FEBRUARY 18, 2002

Senator Rohrbach in the Chair.

Reverend Carl Gauck offered the following prayer:

"The nation has not lived in vain which has given the world Washington and Lincoln, the best great men and the greatest good men whom history can show." (Henry Cabot Lodge, February 12, 1909)

Gracious God, as a nation we honor the memory of our great presidents who led us during difficult times and by their sense of integrity, showed us how people of greatness led their fellow citizens. May all who are here, all who are called to lead through this difficult time, do so with that same sense of integrity and willingness to let our true colors be seen by all as we make difficult decisions affecting the lives of our most vulnerable citizens. 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 for Thursday, February 14, 2002, was read and approved.

Photographers from KOMU-TV were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1060, regarding Timothy Michael Meyers, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 1061, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Orville Wilson, Greenwood, which was adopted.

Senator Gross offered Senate Resolution No. 1062, regarding The Saint Louis Ambassadors, which was adopted.

Senator Wiggins offered Senate Resolution No. 1063, regarding the death of John Michael "Jack" Meagher, Kansas City, which was adopted.

Senator Bland offered Senate Resolution No. 1064, regarding Reverend Ivy A. Ganaway, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1065, regarding the death of Patrick Michael "Packey" Crenshaw, Kansas City, which was adopted.

Senator Bentley offered Senate Resolution No. 1066, regarding the death of Anne Drummond, Springfield, which was adopted.

Senator Klarich offered Senate Resolution No. 1067, regarding Barbara Ann Giebler, Pacific, which was adopted.

Senator Klarich offered Senate Resolution No. 1068, regarding Phyllis Stanislawski, Pacific, which was adopted.

CONCURRENT RESOLUTIONS

Senator Childers offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 47

Relating to the Poultry Industry Committee.

WHEREAS, the poultry industry is a vital, profitable and important industry in this state; and

WHEREAS, the General Assembly wishes to maintain and enhance the positive economic impacts while making every attempt to eliminate negative aspects of the industry; and

WHEREAS, the poultry industry produces waste products which have significantly impacted the environment of the state; and

WHEREAS, there exists a need for a study of the economic and environmental impact of the poultry industry in the state, especially the impacts this industry has on sensitive environmental areas:

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, hereby authorize the creation of a "Poultry Industry Committee" which shall review and evaluate both the economic impact of the poultry industry, waste disposal issues and environmental impacts of this industry, and make recommendations on further action or legislative remedies, if any, to be taken as necessary; and

BE IT FURTHER RESOLVED that such Committee shall be composed of twenty-three members, one member to be a member of the Senate to be appointed by the President Pro Tem of the Senate, one member to be a member of the House of Representatives to be appointed by the Speaker of the House, two county commissioners or their designees, a representative from the Food and Agricultural Policy Research Institute (FAPRI), a representative of the Environmental Protection Agency (EPA), a representative of the Department of Natural Resources, a representative of the United States Department of Agriculture, a representative of the Natural Resources Conservation Services (NRCS), a representative of the university extension system, a representative of the poultry federation, a representative of the Missouri Farmer's Association, a representative of the Farm Bureau, a representative of the Department of Conservation, a representative of the University of Missouri Department of Agriculture, Food, and Natural Resources, a representative of the Southwest Missouri State University Department of Agriculture, a member appointed by the Resource Conservation & Development Council, a representative of the Department of Economic Development, a representative of the Department of Agriculture, a representative of the Clean Water Commission, two active poultry farmers, a person active in the processing/value-added portion of poultry waste. Each member of the Committee shall serve until December 31, 2003; and

BE IT FURTHER RESOLVED that the Committee may conduct its business by various means but shall meet no less than twice each year as a full Committee; and

BE IT FURTHER RESOLVED that all state agencies shall cooperate with the Committee in carrying out its duties, including allowing access to closed records, provided that the Committee shall not disclose any identifying information contained in such records closed pursuant to statute or general order and any such information in the custody of the Committee shall not be discoverable to the same extent as when in the custody of the parent agency; 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 Committee; and

BE IT FURTHER RESOLVED that the Office of Administration shall provide funding, administrative support, and staff for the effective operation of the Committee; and

BE IT FURTHER RESOLVED that the Committee shall study problems and solutions, collect information and provide recommendations in a report to the General Assembly before December 31, 2002;

BE IT FURTHER RESOLVED that the Committee shall submit its final report to the General Assembly no later than December 31, 2003; and

BE IT FURTHER RESOLVED that the Poultry Industry Committee shall terminate December 31, 2003; 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.

INTRODUCTION OF BILLS

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

SB 1168--By Russell.

An Act to authorize the conveyance of certain property to the city of Lebanon.

SB 1169--By Childers.

An Act to amend chapter 416, RSMo, by adding thereto one new section relating to state court jurisdiction over price discrimination cases.

SB 1170--By Childers.

An Act to repeal section 386.370, RSMo, relating to public counsel, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

SB 1171--By House.

An Act to amend chapter 191, RSMo, by adding thereto one new section relating to nonpublic personal health information.

SB 1172--By Yeckel.

An Act to repeal section 210.145, RSMo, and to enact in lieu thereof one new section relating to child abuse investigations.

Senator Klarich assumed the Chair.

SB 1173--By Yeckel.

An Act to repeal sections 32.052 and 143.183, RSMo, relating to income tax revenues from nonresidents, and to enact in lieu thereof two new sections relating to the same subject.

THIRD READING OF SENATE BILLS

SB 645, with SCS, introduced by Senator Mathewson, entitled:

An Act to repeal section 221.425, RSMo, relating to authorizing a sales tax for regional jail districts, and to enact in lieu thereof two new sections relating to the same subject, with an expiration date for a certain section.

SCS for SB 645, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 645

An Act to repeal section 221.425, RSMo, relating to authorizing a sales tax for regional jail districts, and to enact in lieu thereof two new sections relating to the same subject, with an expiration date for a certain section.

Was taken up.

Senator Mathewson moved that SCS for SB 645 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for SB 645 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 891, introduced by Senator Kenney, entitled:

An Act to repeal section 238.207, RSMo, relating to transportation development districts, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Kenney, SB 891 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 798, introduced by Senator Westfall, entitled:

An Act to repeal section 301.453, RSMo, relating to congressional license plates, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Gross assumed the Chair.

On motion of Senator Westfall, SB 798 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Rohrbach moved that SB 1009, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 1009, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1009

An Act to repeal sections 375.330, 375.345 and 376.311, RSMo, relating to investments by insurance companies, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Rohrbach moved that SCS for SB 1009 be adopted.

Senator Rohrbach offered SS for SCS for SB 1009, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1009

An Act to repeal sections 375.330, 375.345 and 376.311, RSMo, relating to investments by insurance companies, and to enact in lieu thereof three new sections relating to the same subject.

Senator Rohrbach moved that SS for SCS for SB 1009 be adopted.

President Maxwell assumed the Chair.

At the request of Senator Rohrbach, SB 1009, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

At the request of Senator Westfall, SB 970, SB 968, SB 921, SB 867, SB 868 and SB 738, with SCS, were placed on the Informal Calendar.

Senator Klarich moved that SB 931, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 931, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 931

An Act to repeal sections 59.800, 347.143, 351.055, 351.182, 351.385, 351.400, 351.455, 400.9-303 and 400.9-628, RSMo, relating to business and commerce, and to enact in lieu thereof twelve new sections relating to the same subject.

Was taken up.

Senator Klarich moved that SCS for SB 931 be adopted.

Senator Klarich offered SS for SCS for SB 931, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 931

An Act to repeal sections 347.143, 351.055, 351.120, 351.140, 351.145, 351.150, 351.155, 351.182, 351.385, 351.400, 351.455, 355.856, 356.211, 400.9-102, 400.9-109, 400.9-303, 400.9-311, 400.9-313, 400.9-317, 400.9-323, 400.9-406, 400.9-407, 400.9-408, 400.9-409, 400.9-504, 400.9-509, 400.9-513, 400.9-525, 400.9-602, 400.9-608, 400.9-611, 400.9-613, 400.9-615, 400.9-625, 400.9-628, 400.9-710, 417.210 and 575.060, RSMo, relating to business and commerce, and to enact in lieu thereof forty-one new sections relating to the same subject, with penalty provisions.

Senator Klarich moved that SS for SCS for SB 931 be adopted.

Senator Gibbons assumed the Chair.

Senator Rohrbach offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 931, Page 2, Section A of said page, Line 3, by inserting after said line the following:

"59.040. 1. In a county of the third class, the question of combining the offices of circuit clerk and recorder or separating the offices may be submitted to the voters of the county by the county commission and shall be submitted by the county commission upon the petition of voters who comprise at least eight percent of the voters of the county as determined by the total vote for governor at the last preceding general election at which a governor was elected.

2. If the two offices are separate and the question is to combine the two offices, the question shall be submitted in substantially the following form:

Shall the offices of the circuit clerk and recorder in . . . . . . . (name of county) county be combined?

3. If the two offices are combined and the question is to separate the two offices, the question shall be submitted in substantially the following form:

Shall the offices of circuit clerk and recorder in . . . . . . . (name of county) county be separated?

4. The submission of the question provided for in this section may be made at the November election in 2004, or any fourth year thereafter. Any consolidation or separation brought about as a result of the provisions of this section shall not become effective until the expiration of the term of office of the officers affected.

59.042. In any county where the offices of the clerk of the circuit court and the recorder of deeds are combined, the governing body of said county [, by public vote,] may, by their own action in public session or under the provisions of 59.040, authorize the separation of the two offices. Thereafter the recorder of deeds shall be elected pursuant to section 59.020."; and

Further amend said bill by amending the title and enacting clause accordingly.

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

Senator Singleton assumed the Chair.

Senator Klarich moved that SS for SCS for SB 931, as amended, be adopted, which motion prevailed.

On motion of Senator Klarich, SS for SCS for SB 931, as amended, was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

Senator Gibbons requested unanimous consent of the Senate to submit the following corrected committee report, which request was granted.

Senator Gibbons, Chairman of the Committee on Ways and Means, submitted the following corrected committee report:

Mr. President: Your Committee on Ways and Means, to which was referred SB 688, SB 663, SB 691, SB 716, SB 759, SB 824 and SB 955, 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 Transportation, to which was referred SB 775, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Childers, Chairman of the Committee on Local Government and Economic Development, submitted the following reports:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 744, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 989, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 1017, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 1041, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Klindt, Chairman of the Committee on Interstate Cooperation, submitted the following report:

Mr. President: Your Committee on Interstate Cooperation, to which was referred SB 1014, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Gross, Chairman of the Committee on Pensions and General Laws, submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 961, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

On behalf of Senator Singleton, Chairman of the Committee on Public Health and Welfare, Senator Gross submitted the following reports:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 924, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 642, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 670 and SB 684, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTION OF BILLS

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

SB 1174-By Steelman.

An Act to repeal section 386.390, RSMo, relating to the public service commission, and to enact in lieu thereof one new section relating to the same subject.

RESOLUTIONS

Senator Westfall offered Senate Resolution No. 1069, regarding the One Hundred Fiftieth Anniversary of the Humansville First Baptist Church, which was adopted.

Senator Westfall offered Senate Resolution No. 1070, regarding the Humansville Chapter of the Family, Community, and Career Leaders of America, which was adopted.

MESSAGES FROM THE GOVERNORThe following message was received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 14, 2002

TO THE SECRETARY OF THE SENATE

91st GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bills Nos. 727 & 703 entitled:

AN ACT

To repeal section 307.173, RSMo, and to enact in lieu thereof one new section relating to tinted windows, with a penalty provision and an emergency clause.

On February 14, 2002, I approved said Senate Committee Substitute for Senate Bill Nos. 727 & 703.

Respectfully submitted,

BOB HOLDEN

Governor

INTRODUCTIONS OF GUESTS

Senator Mathewson introduced to the Senate, Junior Girl Scout Troop 404 from Skyline Elementary School, Sedalia; and Brianna Petree, Sara Perkins, Kaci Drake and Amy Von Holten were made honorary pages.

On behalf of Senator Klarich and himself, Senator Loudon introduced to the Senate, eighty students from the Seventh Senatorial Youth Group,

St. Louis County.

On behalf of Senators Klindt, Steelman and himself, Senator Caskey introduced to the Senate, Jason and Jennifer Whitt, and their children, Hannah and August, Rolla; and Phillip and Nancy Young, Appleton City; and Hannah and August were made honorary pages.

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

SENATE CALENDAR

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TWENTY-FOURTH DAY-TUESDAY, FEBRUARY 19, 2002

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING