Journal of the Senate

SECOND REGULAR SESSION

NINTH DAY--THURSDAY, JANUARY 22, 2004

Senator Nodler in the Chair.

Reverend Carl Gauck offered the following prayer:

"And all of you must clothe yourselves with humility in dealing with one another, for 'God opposes the proud, but gives grace to the humble.'" (I Peter 5:5)

Merciful God, as we conclude this day's work and return to those we love, watch over our travels and help us remember in humility the gift You have given us in those we share this life and let us share the joy of Your Word bowing before it 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 the Associated Press were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Yeckel offered Senate Resolution No. 1171, regarding Laurel Young, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1172, regarding Robert A. Karsznia, St. Louis, which was adopted.

CONCURRENT RESOLUTIONS

Senator Gibbons moved that SCR 30 be taken up for adoption, which motion prevailed.

On motion of Senator Gibbons, SCR 30 was adopted by the following vote:

INTRODUCTION OF BILLS

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

SB 1124-By Goode and Steelman.

An Act to amend chapter 386, RSMo, by adding thereto one new section relating to recovery of costs by electrical corporations, with an effective date.

SB 1125-By Goode.

An Act to repeal sections 386.370, 386.390, and 393.190, RSMo, and to enact in lieu thereof four new sections relating to consumer protection.

SB 1126-By Russell.

An Act to repeal sections 285.300, 288.050, and 288.270, RSMo, and to enact in lieu thereof five new sections relating to employment, with penalty provisions.

SB 1127-By Cauthorn.

An Act to amend chapter 335, RSMo, by adding thereto one new section relating to the nurse licensure compact.

SB 1128-By Cauthorn.

An Act to repeal sections 640.700, 640.703, 640.710, 640.715, 640.725, 640.730, 640.735, 640.745, 640.750, and 644.016, RSMo, and to enact in lieu thereof nine new sections relating to concentrated animal feeding operations.

SB 1129-By Bray.

An Act to amend chapter 407, RSMo, by adding thereto two new sections relating to the consumer's right to know, with penalty provisions.

SB 1130-By Scott.

An Act to repeal section 251.440, RSMo, and to enact in lieu thereof two new sections relating to regional planning commissions.

SB 1131-By Steelman.

An Act to repeal section 386.390, RSMo, and to enact in lieu thereof one new section relating to consumer protection.

SB 1132-By Steelman, Scott, Griesheimer, Mathewson, Childers, Kinder and Nodler.

An Act to amend chapter 393, RSMo, by adding thereto one new section relating to the predetermination of prudence and ratemaking principles for infrastructure investments by electric, gas, and water utilities.

SB 1133-By Foster, Coleman, Dougherty and Kennedy.

An Act to repeal section 168.221, RSMo, and to enact in lieu thereof one new section relating to school principals.

SB 1134-By Foster, Coleman, Dougherty and Kennedy.

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to the creation of the Missouri junior/senior cadets program.

SB 1135-By Foster, Coleman, Dougherty and Kennedy.

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to bullying in public schools.

SB 1136-By Vogel.

An Act to revise the governor's authority to convey certain property in Cole County which is part of the correctional facility know as the Church Farm, as enacted by house bill no. 1186, ninetieth general assembly, second regular session.

SB 1137-By Vogel.

An Act to repeal section 50.333, RSMo, and to enact in lieu thereof one new section relating to the salary commission.

SB 1138-By Bartle.

An Act to repeal sections 211.141, 211.327, 429.032, 429.080, 429.090, 429.120, 429.160, 429.270, 429.460, 429.470, 429.490, 429.540, 452.340, 452.554, 478.725, 488.031, 488.429, 488.445, 488.4014, 488.5320, 491.300, and 595.045, RSMo, and to enact in lieu thereof twenty-three new sections relating to court procedures, with penalty provisions.

SB 1139-By Mathewson.

An Act to repeal section 41.150, RSMo, and to enact in lieu thereof one new section relating to the adjutant general.

SB 1140-By Mathewson.

An Act to repeal section 165.011, RSMo, and to enact in lieu thereof one new section relating to the Pettis County school fund.

SB 1141-By Loudon.

An Act to repeal sections 245.015, 245.060, 245.095, and 246.305, RSMo, and to enact in lieu thereof four new sections relating to levee districts.

THIRD READING OF SENATE BILLS

SCS for SB 1003, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1003An Act to repeal sections 208.152, 208.204, and 630.210, RSMo, and to enact in lieu thereof four new sections relating to the children's mental health reform act.

Was taken up by Senator Gibbons.

On motion of Senator Gibbons, SCS for SB 1003 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

Senator Klindt, Chairman of the Committee on Agriculture, Conservation, Parks and Natural Resources, submitted the following reports:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 739, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 732, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Pensions and General Laws, to which were referred SB 714 and SB 761, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 1000, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Nodler assumed the Chair.

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 and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Karen K. Hall, as a member of the Missouri Seed Capital Investment Board;

Also,

Steven C. Zweig, M.D., as a member of the Commission for the Missouri Senior Rx Program;

Also,

Joseph Gulino, Ph.D., as a member of the Board of Geologist Registration;

Also,

Kelvin L. Simmons, as Director of the Department of Economic Development;

Also,

Guy C. Gilbert, as a member of the Board of Geologist Registration;

Also,

Anne Elisa Ross, as a member of the Minority and Underrepresented Environmental Literacy Program;

Also,

Patrick Dougherty, Na'im B. Gray and Kay Lynne Myers, as members of the Children's Trust Fund Board;

Also,

Lillian D. Eunice, Lisa G. Conrad and James M. Caccamo, Ph.D., as members of the State Board of Senior Services;

Also,

Teresa L. Hensley, Carol Shelley, Derek E. Conard, Michelle Y. Cebulko, Marjorie K. Carter, Barbara B. Smith and Sheila S. Dullum, as members of the Child Abuse and Neglect Review Board;

Also,

Richard D. Easley and Londell Jamerson, II, as members of the Peace Officer Standards and Training Commission;

Also,

Kenneth R. Shuler, as a member of the Board of Directors for the American National Fish and Wildlife Museum District;

Also,

John W. Siscel, III, as a member of the Health and Educational Facilities Authority of the State of Missouri;

Also,

Pamela L. Marshall, as a member of the State Board of Pharmacy;

Also,

John Nicholas Constantino, M.D., as a member of the Mental Health Commission;

Also,

Nancy D. Anderson Tayborn, as a member of the Missouri Minority Business Advocacy Commission;

Also,

Shawn J. Gebhardt, as a student representative to the University of Missouri Board of Curators;

Also,

Jeffrey A. Dierking, as student representative to the Linn State Technical College Board of Regents;

Also,

Lowell Mohler, as a member of the Conservation Commission;

Also,

Cynthia R. Ballentine and David J. Lackey, as members of the Missouri Board of Occupational Therapy;

Also,

Anitra L. Nevels, as a member of the Advisory Commission for Registered Physician Assistants;

Also,

John M. Boyer, Richard H. Frueh, Jeffrey D. Cawlfield, Ph.D. and Zoretta V. Schoonover, as members of the Dam and Reservoir Safety Council;

Also,

Cheri Leigh, as a member of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects;

Also,

John Adams, as a member of the Missouri State Committee of Interpreters;

Also,

James R. Asahl, Roger D. Young and Roger D. Porter, as members of the Advisory Committee for 911 Service Oversight;

Also,

Victoria A. Horst, as a member of the Advisory Commission for Professional Physical Therapists;

Also,

John L. Tirre, as a member of the State Board of Cosmetology;

Also,

Melinda Christianson, as a member of the Advisory Council for Professional Physical Therapists.

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 reappointments, which motion prevailed.

RE-REFERRALS

President Pro Tem Kinder re-referred SB 1028 to the Committee on Governmental Accountability and Fiscal Oversight.

REFERRALS

President Pro Tem Kinder referred SCR 29 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

MESSAGES FROM THE HOUSE

The following message was received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCR 5.

HOUSE CONCURRENT RESOLUTION NO. 5

An Act by concurrent resolution and pursuant to Article IV, Section 8, to disapprove the final order of rulemaking for the proposed amendment to 1 CSR 10-4.010 relating to State of Missouri Vendor Payroll Deductions, with an emergency clause.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Whereas, the Office of Administration filed proposed amendment for 1 CSR 10-4.010 on August 15, 2003, and filed the order of rulemaking with the Joint Committee on Administrative Rules on November 14, 2003; and

Whereas, the Joint Committee on Administrative Rules held a hearing on December 8, 2003, and has found the rule lacking in compliance with the provisions of Chapter 536, RSMo, in that the rule either lacked statutory authority in violation of section 536.014, RSMo, or had an inaccurate fiscal note regarding costs to private persons in violation of section 536.205, RSMo;

Now, therefore, be it resolved the General Assembly finds that the office of administration has violated the provisions of Chapter 536, RSMo, when it failed to comply with the provisions of section 536.014, RSMo, or 536.205, RSMo; and

Be it further resolved that the Ninety-second General Assembly, upon concurrence of a majority of the members of the Senate and a majority of the members of the House of Representatives, hereby permanently disapproves and suspends the final order of rulemaking for the proposed amendment to 1 CSR 10-4.010, State of Missouri Vendor Payroll Deductions; and

Be it further resolved that a copy of the foregoing be submitted to the Secretary of State so that the Secretary of State may publish in the Missouri Register, as soon as practicable, notice of the disapproval of the final order of rulemaking for the proposed amendment to 1 CSR 10-4.010, upon this resolution having been signed by the Governor or having been approved by two-thirds of each house of the Ninety-second General Assembly, Second Regular Session, after veto by the Governor as provided in Article III, Sections 31 and 32, and Article IV, Section 8 of the Missouri Constitution; and

Be it further resolved that a properly inscribed copy be presented to the Governor in accordance with Article IV, Section 8 of the Missouri Constitution.

Emergency clause defeated.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTION OF BILLS

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

SB 1142-By Dolan.

An Act to amend chapter 194, RSMo, by adding thereto six new sections relating to disposition of fetal remains act, with penalty provisions.

SB 1143-By Dolan.

An Act to amend chapter 570, RSMo, by adding thereto four new sections relating to motor vehicle theft, with penalty provisions.

SB 1144-By Dolan.

An Act to repeal sections 301.141, 301.142, and 301.143, RSMo, and to enact in lieu thereof four new sections relating to disabled license plates, with penalty provisions and an effective date.

SJR 44-By Dolan.

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

RESOLUTIONS

Senator Vogel offered Senate Resolution No. 1173, regarding the One Hundredth Birthday of Ada Lillian Ekstam-Engelbrecht, Eugene, which was adopted.

Senator Vogel offered Senate Resolution No. 1174, regarding Edward M. "Ted" Sheehan, Jefferson City, which was adopted.

Senator Vogel offered Senate Resolution No. 1175, regarding Andrew Taylor Kaiser, Jefferson City, which was adopted.

Senator Vogel offered Senate Resolution No. 1176, regarding Benjamin Lewis Montgomery, IV, Fulton, which was adopted.

INTRODUCTIONS OF GUESTS

On behalf of Senators Stoll, Kinder and himself, Senator Griesheimer introduced to the Senate, Robert G. (Bob) Wilkins, Hillsboro; Mike Wright, Warrenton; Bob McCullough and Joe Duecker, St. Louis County; and Bob Wilkins, Jefferson County.

Senator Dolan introduced to the Senate, Michael Mayer, Florissant; and Matthew Drake, Sikeston.

Senator Kinder introduced to the Senate, Dr. Floyd Jones, Jr., Kennett; Dr. Calvin C. Lee, Chesterfield; Dr. Robert Simon, Clayton; Dr. Bob D. Swartz, Paris; and Dr. John E. Dietrich, Kansas City.

Senator Kinder introduced to the Senate, Dr. John L. Sheets, D.D.S., Cape Girardeau; and Dr. Jeffrey Dalin, Dr. Ray Storm and Ms. Jan Storm.

Senator Jacob introduced to the Senate, Larry Jackson, D.D.S. and Fred Christman, D.D.S., Columbia.

On motion of Senator Gibbons, the Senate adjourned until 4:00 p.m., Monday, January 26, 2004.

SENATE CALENDAR

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TENTH DAY-MONDAY, JANUARY 26, 2004

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS