Journal of the Senate

SECOND REGULAR SESSION

THIRTIETH DAY--THURSDAY, FEBRUARY 28, 2002

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"I lie down and sleep; I awake again, for the Lord sustains me." (Psalm 3:5)

Gracious Father, You have sustained us and we are grateful for the week of work we complete today. We pray, make us aware of the people You have placed in our lives who support and guide us as we continue to learn what is expected of us in the various relationships You have provided us. Keep us secure in Your love as we grow in wisdom and faith and seek to be in Your house of prayer this weekend. 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.

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

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

RESOLUTIONS

Senators Staples and Steelman, joined by the entire membership of the Senate, offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1124

WHEREAS, Wilma Bedell Ball came into this world near Great Falls, Montana, on January 5, 1917, and enjoyed a safe and secure childhood provided by her parents who raised her on a farm located on the Current River between the Missouri towns of Van Buren and Doniphan; and

WHEREAS, Wilma received her education in a one-room school house in the Ozarks before graduating from Doniphan High School and embarking upon a new and exciting chapter in her life with her marriage to her beloved Jasper P. Bedell, with whom she shared the love and admiration of four wonderful sons, Allen, Richard, Don, and Tom; and

WHEREAS, Wilma taught at the one-room school house she had attended as a child from 1934 to 1937, and went on to distinguish herself as an educator in Louisiana where she served as an Elementary School Principal in Evangeline Parish from 1941 through 1949, and was honored as an Outstanding Lady - State of Louisiana and presided over Mardi Gras balls and parades in 1962; and

WHEREAS, Wilma earned distinction as the Executive Director and General Manager of the Southwest Louisiana Fair Association from 1949 to 1962 and entered the insurance business as a partner and manager of an agency in Eunice, Louisiana, in the 1950s, before returning to the Show-Me State following the death of her husband; and

WHEREAS, Wilma was fortunate to find true love once again when she married Kelly Ball, a kind and caring gentleman with whom she made her home in Poplar Bluff, Missouri, where she became a high school English teacher in 1967; and

WHEREAS, it wasn't until 1971 that Wilma became a Licensed Nursing Home Administrator, serving as Administrator for the Clark's Mountain Nursing Home in Piedmont, Missouri, from 1972 to 1985, and accepting the position of Administrator at Riverways Manor in Van Buren, Missouri; and

WHEREAS, a member of various civic, religious, and professional organizations, Wilma Ball continues to serve as the Administrator for Riverways Manor, a sixty-bed, skilled nursing facility where residents look to her for comfort and guidance and sincerely appreciate her genuine concern for them and their well-being:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, unanimously join in a thunderous round of applause for Wilma Ball, a remarkable woman of peace and kindness in this world whose tremendous energy and incredible zest for life continue to serve as an inspiration to all those who know and love her; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Wilma Bedell Ball of Poplar Bluff, Missouri.

Senator Gross offered Senate Resolution No. 1125, regarding John Walter Richardson, II, St. Charles, which was adopted.

Senator Klindt offered Senate Resolution No. 1126, regarding Carl Ricketts, Trenton, which was adopted.

CONCURRENT RESOLUTIONS

Senators Kennedy and Steelman offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 52

WHEREAS, Mexico has no nationwide automated system for monitoring the safety history or violation records of Mexican companies and drivers, or a system to verify drivers' licenses, or drug testing for drivers, and it is therefore difficult for Missouri law enforcement personnel to obtain essential safety data; and

WHEREAS, if trucks from Mexico are allowed access to the state of Missouri, verification of foreign insurance policies and access to foreign judicial systems will be very difficult when accidents occur, possibly resulting in the delay of settlements and payments to the injured citizens of this state; and

WHEREAS, Mexico does not have labeling of hazardous or toxic cargo which poses a clear and present danger to the security of the State of Missouri if trucks transporting such cargo enter territory of the state without prior inspection at the border of the United States; and

WHEREAS, large quantities of illegal drugs are smuggled into Missouri from foreign nations, including Mexico; and

WHEREAS, the State of Missouri is promoting a "Customs Harmonization Pilot Project" designed to expedite international cargo movement by eliminating inspections at border crossings because of the North American Free Trade Agreement; and

WHEREAS, the State of Missouri's "Customs Harmonization Pilot Project" threatens to expedite passage of trucks from Mexico into the United States without inspection, and therefore does not adequately address the concerns and safety needs of the citizens of the State of Missouri:

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate, Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby urge the Governor to oppose any effort to allow trucks to enter the State of Missouri without first being inspected at the border of the United States and Mexico; and

BE IT FURTHER RESOLVED that the members of the General Assembly memorializes the Governor to restrict trucks from Mexico and other foreign nations from entering the State of Missouri until there is full compliance by the owners and drivers of those trucks with all highway safety, environmental and drug enforcement laws; and

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

INTRODUCTION OF BILLS

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

SRB 1236-By Rohrbach.

An Act to repeal sections 141.265, 142.027, 313.335, 640.169, 640.170, 640.172, 640.175, 640.177, 640.179, 640.180, 640.182, 640.185, 640.195, 640.200, 640.203, 640.205, 640.207, 640.210, 640.212, 640.215 and 640.218, RSMo 2000, and section 217.440 as enacted by senate committee substitute for senate bill no. 430 of the eighty-ninth general assembly, first regular session, for the purpose of repealing expired provisions of law and sections made obsolete by expired provisions of law.

SB 1237-By Stoll.

An Act to amend chapter 160, RSMo, by adding thereto eleven new sections relating to science and mathematics education, with an expiration date for a certain section.

SB 1238-By Goode and Russell.

An Act to amend chapter 338, RSMo, by adding thereto ten new sections relating to a tax on licensed retail pharmacies in this state, with an emergency clause and an expiration date.

SB 1239-By Klindt.

An Act to amend chapter 43, RSMo, by adding thereto three new sections relating to a regional computer forensics lab.

SB 1240-By Steelman.

An Act to amend chapter 208, RSMo, by adding thereto one new section relating to reimbursement of nursing homes, with an effective date.

SB 1241-By Coleman and Bland.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

SB 1242-By Gibbons.

An Act relating to maximum sales tax limits in municipalities and counties, with an effective date.

SB 1243-By Johnson.

An Act to repeal sections 419.010, 419.020, 419.030 and 419.040, RSMo, relating to lodging establishments, and to enact in lieu thereof four new sections relating to the same subject.

SB 1244-By Bland, Caskey, Wiggins and Jacob.

An Act to repeal section 191.925, RSMo, relating to the newborn hearing screening program, and to enact in lieu thereof one new section relating to the same subject.

SB 1245-By Jacob.

An Act to repeal sections 226.527, 226.540 and 226.585, RSMo, relating to highway beautification, and to enact in lieu thereof four new sections relating to the same subject.

SB 1246-By Yeckel.

An Act to repeal section 160.518, RSMo, relating to performance assessment for certain students, and to enact in lieu thereof one new section relating to the same subject.

SB 1247-By Quick.

An Act to amend chapter 87, RSMo, by adding thereto one new section relating to the division of certain pension benefits.

SJR 40-By Westfall.

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

REPORTS OF STANDING COMMITTEES

Senator Kenney, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 49, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

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

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

Laura E. Hockensmith, as a student representative of the Board of Regents for Southeast Missouri State University;

Also,

Bartholomew M. "Bart" Saracino, Susan C. J. Rollins and Mary Elizabeth Nelson, as members of the St. Louis City Board of Police Commissioners;

Also,

Micah McKay, as a student representative of the Board of Governors for Truman State University;

Also,

Dorothy S. Fryer, M.D., as a member of the State Board of Registration for the Healing Arts.

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, which motion prevailed.

SECOND READING OF SENATE BILLS

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

SB 1192--Aging, Families and Mental Health.

SB 1193--Judiciary.

SB 1194--Judiciary.

SB 1195--Civil and Criminal Jurisprudence.

SB 1196--Transportation.

SB 1197--Judiciary.

SB 1198--Ways and Means.

SB 1199--Transportation.

SB 1200--Transportation.

SB 1201--Commerce and Environment.

SB 1202--Transportation.

SB 1203--Ways and Means.

SB 1204--Insurance and Housing.

SB 1205--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1206--Education.

SB 1207--Public Health and Welfare.

REFERRALS

President Pro Tem Kinder referred SR 1122 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

REPORTS OF STANDING COMMITTEES

Senator Kenney, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 51, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Concurrent Resolution No. 51, Page 375 of the Senate Journal for Tuesday, February 26, 2002, Column 2, Line 10 of said column, by inserting immediately after the word "fund" the following: "; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Missouri State Auditor and the Missouri Veterans' Commission".

SENATE BILLS FOR PERFECTION

Senator Westfall moved that SB 970, SB 968, SB 921, SB 867, SB 868 and SB 738, with SCS, SS for SCS, SS for SS for SCS, and SA 5 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 5 was again taken up.

Senator Singleton moved that the above amendment be adopted.

Senator Staples requested a roll call vote be taken on the adoption of SA 5 and was joined in his request by Senators Childers, Klindt, Stoll and Westfall.

SA 5 failed of adoption by the following vote:

Senator Childers offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 970, 968, 921, 867, 868 and 738, Page 27, Section 227.107, Line 12, by adding the following after the period on said line: "The provisions of sections 290.210 to 290.340 shall not apply to any projects or contracts entered into pursuant to this section".

Senator Childers moved that the above amendment be adopted.

Senator Staples requested a roll call vote be taken on the adoption of SA 6 and was joined in his request by Senators Childers, Johnson, Steelman and Westfall.

At the request of Senator Westfall, SB 970, SB 968, SB 921, SB 867, SB 868 and SB 738, with SCS, SS for SCS, SS for SS for SCS, and SA 6 (pending), were placed on the Informal Calendar.

PRIVILEGED MOTIONS

Senator Klarich moved that the Senate refuse to recede from its position on SCS for HS for HCS for HBs 1037, 1188, 1074 and 1271 and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on SCS for HS for HCS for HBs 1037, 1188, 1074 and 1271: Senators Klarich, Singleton, Schneider, Caskey and Klindt.

INTRODUCTION OF BILLS

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

SB 1248-By Mathewson and Kenney.

An Act to repeal sections 30.260, 30.270, 142.824, 143.225, 143.261, 143.431, 143.451, 143.811, 144.190, 147.120, 148.074, 313.805, 313.820, 630.460, and 644.051, RSMo, and to enact in lieu thereof eighteen new sections for the sole purpose of establishing and funding the schools of the future fund, with an emergency clause.

SB 1249-By Mathewson.

An Act to repeal section 620.017, RSMo, relating to economic incentives, and to enact in lieu thereof one new section relating to the same subject.

SB 1250-By Yeckel.

An Act to repeal section 168.021, RSMo, relating to alternative certification for teachers, and to enact in lieu thereof two new sections relating to the same subject.

SB 1251-By Gibbons.

An Act to amend chapter 333, RSMo, by adding thereto one new section relating to liability of funeral directors and funeral establishments.

SB 1252-By Bland.

An Act to repeal sections 546.070 and 610.105, RSMo, relating to the criminal justice system, and to enact in lieu thereof twelve new sections relating to the same subject.

SB 1253-By Coleman.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

SB 1254-By Steelman and Russell.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to enterprise zones.

SB 1255-By Steelman.

An Act to repeal sections 8.231, 8.250 and 34.057, RSMo, relating to public works contracts, and to enact in lieu thereof four new sections relating to the same subject.

SB 1256-By Steelman.

An Act to repeal section 168.400, RSMo, and to enact in lieu thereof one new section relating to teacher assistants.

SB 1257-By Loudon.

An Act to repeal section 188.028, RSMo, relating to informed consent to an abortion, and to enact in lieu thereof one new section relating to the same subject.

SB 1258-By Loudon.

An Act to repeal section 28.160, RSMo, relating to fees charged by the state, and to enact in lieu thereof one new section relating to the same subject.

SB 1259-By Loudon.

An Act to amend chapter 192, RSMo, by adding thereto one new section relating to a food recovery program.

SB 1260-By Loudon.

An Act to repeal section 33.103, RSMo, and to enact in lieu thereof one new section relating to cafeteria plans for state employees.

SB 1261-By Dougherty, Coleman, Bland and Kennedy.

An Act to repeal section 701.308, RSMo, relating to lead abatement, and to enact in lieu thereof one new section relating to the same subject.

SB 1262-By Kenney.

An Act to amend chapter 324, RSMo, by adding thereto seventeen new sections relating to the regulation and licensing of the practice of naturopathic medicine, with penalty provisions.

SB 1263-By Kenney.

An Act to amend chapter 71, RSMo, by adding thereto ten new sections relating to political subdivisions providing cable television services.

SB 1264-By Kenney.

An Act to repeal sections 301.610, 301.620, 301.630, 301.640, 301.660, 301.661, 306.405, 306.410, 306.415, 306.420, 306.430, 306.440, 454.516, 700.355, 700.360, 700.365, 700.370, 700.380 and 700.390, RSMo, relating to motor vehicle titles, and to enact in lieu thereof seventeen new sections relating to the same subject, with penalty provisions.

SB 1265-By Kenney.

An Act to repeal sections 407.926, 407.927, 407.928, 407.929, 407.931, 407.933 and 407.934, RSMo, and to enact in lieu thereof seven new sections relating to the sale of tobacco products to minors, with penalty provisions.

SB 1266-By Kenney.

An Act to repeal sections 149.015, 149.200, 149.203, 149.206, 149.212, 149.215 and 407.924, RSMo, relating to sale of cigarettes, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions and an emergency clause.

REPORTS OF STANDING COMMITTEES

Senator Steelman, Chairman of the Committee on Commerce and Environment, submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 892, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Gibbons, Chairman of the Committee on Ways and Means, submitted the following reports:

Mr. President: Your Committee on Ways and Means, to which was referred SB 910, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Ways and Means, to which was referred SB 1104, 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 954, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

MESSAGES FROM THE HOUSE

The following messages were 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 adopted and third read HCR 3.

HOUSE CONCURRENT RESOLUTION NO. 3

WHEREAS, the State of Missouri would like to have the two hundred five acres which were previously given to it by the city of Licking for the construction of a correctional center annexed into the city limits of Licking; and

WHEREAS, the city of Licking would also like to encompass such area; and

WHEREAS, section 71.012, RSMo, requires that for voluntary annexation all fee interest owners of property within a proposed area of annexation sign a verified petition requesting such annexation; and

WHEREAS, section 37.005, RSMo, vests the fee title of this state property in the Governor:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, hereby authorize the Governor to approve the proposed annexation of the aforementioned two hundred five acres into the city of Licking; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Governor and the Board of Aldermen of the city of Licking, Missouri.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up adopted and third read HS for HCR 15.

HOUSE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NO. 15

WHEREAS, following the recent collapse of Enron, many people believe it is time to revise corporate governance policies and focus on employer practices with company stock in their retirement plans; and

WHEREAS, currently many employees are required to invest in their company's defined contribution retirement savings program, without the option of receiving benefits in any form other than the company's stock; and

WHEREAS, the lack of diversification in employee retirement savings programs leaves many employees extremely vulnerable, as evidenced by the many Enron employees with only company stock in their retirement savings plan, resulting in a complete loss all of their retirement savings following the collapse of Enron; and

WHEREAS, unless tougher corporate governance policies are put in place soon, many other companies may experience a similar devaluation of their assets in the current falling economy; and

WHEREAS, the "Employee Retirement Savings Bill of Rights", H.R. 3669, has been introduced in the 107th Congress and would allow workers to transfer matching employer contributions from company stock and to pay for retirement advice and counseling on a pretax basis through payroll deduction; and

WHEREAS, H.R. 3669 amends the Internal Revenue Code of 1986 to:

(1) Impose an excise tax on a pension plan failing to provide notice of generally accepted investment principles, including principles of risk management and diversification;

(2) Impose an excise tax on a pension plan failing to provide notice of any transaction restriction period to each applicable individual to whom the transaction restriction period applies; and

(3) Set forth diversification requirements for plans, including requiring the provision of at least three investment options, other than employer securities, in amounts equivalent to the amounts invested in employer securities:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, urge Congress to enact H.R. 3669, the "Employee Retirement Savings Bill of Rights" which amends the Internal Revenue Code of 1986 to empower employees to control their retirement savings accounts through new diversification rights, new disclosure requirements, and new tax incentives for retirement education; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the Missouri Congressional delegation.

In which the concurrence of the Senate is respectfully requested.

Also,

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 1150, 1237 and 1327, entitled:

An Act to amend chapter 32, RSMo, by adding thereto three new sections relating to assessment and collection procedures of the department of revenue, with an emergency clause for certain sections.

Emergency clause defeated.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HS for HCS for HBs 1037, 1188, 1074 and 1271. Representatives: Hosmer, Monaco, Clayton, Crowell and Richardson.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1711, entitled:

An Act to repeal section 163.011, RSMo, and to enact in lieu thereof one new section relating to state school aid, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

RESOLUTIONS

Senator Wiggins offered Senate Resolution No. 1127, regarding Reverend Fred J. Barnett, Laurie, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Russell introduced to the Senate, Mayor Lucy Henson and Anita Ivey, Richland.

Senator Singleton introduced to the Senate, students from Triway Elementary School and Granby Elementary School, Newton County.

Senator Steelman introduced to the Senate, Don Wells, Cabool.

Senator Kenney introduced to the Senate, Karen, Kathleen and Zachary Levy, St. Louis; and

Kathleen and Zachary were made honorary pages.

Senator Sims introduced to the Senate, Jim Braibish, St. Louis.

Senator Johnson introduced to the Senate, Larry, Lori and Ethan Sickman, Platte County; and Ethan was made an honorary page.

Senator Steelman introduced to the Senate, Dawn Crater, and 30 fifth, sixth and seventh grade students, parents and teachers from Immaculate Conception School, Loose Creek.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Joel Johnson, M.D., Columbia.

On motion of Senator Kenney, the Senate adjourned until 10:00 a.m., Friday, March 1, 2002.

SENATE CALENDAR

______

THIRTY-FIRST DAY-FRIDAY, MARCH 1, 2002

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/5

SB 995-Rohrbach

Reported 2/18

SB 642-Russell, with SCS

Reported 2/19

Reported 2/25

Reported 2/26

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES

In Conference

RESOLUTIONS

To be Referred

Reported from Committee