Journal of the Senate

SECOND REGULAR SESSION

THIRTEENTH DAY--THURSDAY, JANUARY 29, 2004

Senator Bartle in the Chair.

Reverend Carl Gauck offered the following prayer:

"The heavens declare the glory of God; and the firmament shows His handiwork." (Psalm 19:1)

Gracious Father, as we complete our work this day and return home, help us to see the beauty You have created and the majesty that proclaims Your gift to us. But let us also take time this weekend to pray and give You praise for these gifts and have time to enjoy them. 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, KOMU-TV and KRCG-TV were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Mathewson offered Senate Resolution No. 1206, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Max Thomas, Sweet Springs, which was adopted.

Senator Griesheimer offered Senate Resolution No. 1207, regarding Brian Cox, Wildwood, which was adopted.

Senator Callahan offered Senate Resolution No. 1208, regarding Coach Bud Lathrop, Raytown South High School, Raytown, which was adopted.

Senator Callahan offered Senate Resolution No. 1209, regarding the One Hundredth Birthday of Gene Duncan, Raytown, which was adopted.

Senator Callahan offered Senate Resolution No. 1210, regarding the One Hundredth Birthday of Alice Jane Dickerson, Raytown, which was adopted.

CONCURRENT RESOLUTIONS

Senator Kinder offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 33

WHEREAS, for many years, residents in the greater St. Louis area enjoyed regular airline service by TWA to and from Ronald Reagan Washington National Airport (DCA); and

WHEREAS, St. Louis is a large market, with over 2.6 million people in the St. Louis Metropolitan Statistical Area, and for the year 2003, the St. Louis-Washington market (not including BWI) ranked 13th among Washington destinations inside the 1,250-mile perimeter with 243,302 passengers; and

WHEREAS, because TWA was the dominant airline in St. Louis, fares were relatively high, especially for business travelers who often traveled on a few days' notice. When American Airlines acquired TWA several years ago, they significantly reduced their presence in St. Louis and service to Washington, D.C. has suffered as a result; and

WHEREAS, American Airlines now operates its DCA to STL services using regional jets with a seating capacity of 50 or less seats, United Airlines operates three daily roundtrips using regional jets between St. Louis and Dulles, and Southwest Airlines only flies to BWI, not to DCA or Dulles; and

WHEREAS, with such a lack of competition for flights to Washington, D.C., Primaris, a new entrant airline, would introduce competition in the market served currently only by American Airlines; and

WHEREAS, Primaris proposes to operate a twice-daily premium service between STL and DCA using Boeing 757 aircraft with 126-seat capacity in a two-by-two configuration for passenger comfort; and

WHEREAS, Primaris will provide this premium service which is equal to or better than the current business class service and will offer fares significantly lower than most coach class fares of American Airlines' commuter affiliates that now conduct DCA-STL operations; and

WHEREAS, while recognizing that the United States Congress has given the federal Department of Transportation authority to grant only a few slot exemptions, given the size of the St. Louis market and the current lack of competition on the DCA-STL route, approval of Primaris Airlines' application is strongly recommended to serve the St. Louis-Washington, D.C. market:

NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby urge the United States Department of Transportation to grant approval to Primaris Airlines' application in Docket OST 2000-7182 for the operation of twice-daily service between Ronald Reagan Washington National Airport (DCA) and Lambert-St. Louis International Airport (STL); and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Honorable Norman Y. Mineta, Secretary of Transportation, and each member of the Missouri Congressional Delegation.

INTRODUCTION OF BILLS

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

SB 1177-By Klindt.

An Act to repeal sections 393.705, 393.710, 393.715, 393.720, 393.725, 393.730, 393.740, 393.745, 393.760, and 393.770, RSMo, and to enact in lieu thereof ten new sections relating to joint municipal utility commissions.

SB 1178-By Klindt.

An Act to repeal sections 348.406, 348.410, and 348.412, RSMo, and to enact in lieu thereof three new sections relating to the agricultural business development loan program.

SB 1179-By Steelman.

An Act to amend chapters 354 and 383, RSMo, by adding thereto three new sections relating to medical malpractice insurance, with an emergency clause.

SB 1180-By Shields and Kinder.

An Act to amend chapter 172, RSMo, by adding thereto eight new sections relating to life sciences reinvestment districts, with an emergency clause.

SB 1181-By Yeckel.

An Act to repeal sections 334.530, 334.540, 334.550, 334.655, 334.660, and 334.665, RSMo, and to enact in lieu thereof six new sections relating to licensing of physical therapists and physical therapist assistants.

SB 1182-By Dolan.

An Act to repeal section 226.527, RSMo, and to enact in lieu thereof one new section relating to outdoor advertising.

SB 1183-By Dolan.

An Act to repeal section 89.410, RSMo, and to enact in lieu thereof one new section relating to regulations governing the subdivision of land.

SB 1184-By Griesheimer, Gibbons, Foster and Gross.

An Act to repeal section 137.115, RSMo, and to enact in lieu thereof one new section relating to business tangible personal property, with an effective date.

SB 1185-By Gross.

An Act to amend chapter 196, RSMo, by adding thereto one new section relating civil liability for food consumption.

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 715, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 990, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Vogel, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred SB 730, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Dolan, Chairman of the Committee on Transportation, submitted the following report:

Mr. President: Your Committee on Trans-portation, to which were referred SB 1144, SB 919 and SB 874, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Shields assumed the Chair.

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SR 1118, begs leave to report that it has considered the same and recommends that the resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 23, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 24, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 25, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 26, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Senator Bartle assumed the Chair.

The Senate observed a moment of silence and Senator Bartle offered a prayer for former Senator Harry Wiggins.

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 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:

Rodney Anderson, as a member of the Missouri Southern State University-Joplin Board of Regents;

Also,

Carrie A. Vanderford, Ryan W. Horsman, Vicki C. Rhew, Emmy L. McClelland and Jolene M. Schulz, as members of the Missouri Community Service Commission;

Also,

Roger D. Beamer, Samuel L. Shipman, John E. Waldschlager, Micki A. Knowles, David S. Topash, and David G. Brown, as members of the Corrections Officer Certification Commission;

Also,

Lisa G. Britt, D.V.M., as a member of the Organ Donation Advisory Committee;

Also,

Cynthia A. Suter, as public member, and David W. Barrow, as a member of the Missouri State Board of Nursing;

Also,

Robert R. Broz, as a member of the Well Installation Board;

Also,

H. Fred Christman, D.D.S., as a member of the Missouri Dental Board;

Also,

Donna R. Haley, John A. Scherr and Barry I. Feinberg, M.D., as members of the Missouri Head Injury Advisory Council;

Also,

A. Stephen Coburn, as a member of the Consolidated Health Care Plan Board of Trustees;

Also,

Ik-Whan G. Kwon, as a member of the Special Health, Psychological and Social Needs of Minority Older Individuals Commission;

Also,

Glen B. Williams, as a member of the State Banking Board;

Also,

Jerry B. Johnson, as a member of the Missouri State Advisory Council on Pain and Symptom Management;

Also,

Vicki L. McCarrell and Malinda Ann Crane, as members of the Missouri Planning Council on Developmental Disabilities;

Also,

Linda Brown Reed, as a member of the Children's Trust Fund Board;

Also,

John J. Kopp, as a member of the Administrative Hearing Commission;

Also,

Timothy J. Dorsey and Ray D. Jagger, as members of the Missouri Fire Education Commission;

Also,

William Owens, M.D. and Carl M. Myers, M.D., as members of the State Board of Registration for the Healing Arts;

Also,

Michael David Conner, as a member of the Unmarked Human Burial Consultation Committee;

Also,

Richard A. Hanson, as a member of the Missouri State Public Employees Deferred Compensation Commission;

Also,

Judith Wall Baker, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees;

Also,

Katherine Anne Geppert, as a member of the State Milk Board;

Also,

George R. Johnstone, Ph.D., as a member of the State Committee of Psychologists;

Also,

Gerald J. Randall, as a member of the Clay County Board of Election Commissioners.

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.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 714 and SB 761, with SCS, SS for SCS and SA 7 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 7 was again taken up.

Senator Caskey raised the point of order that SA 7 is out of order as the amendment goes beyond the scope and purpose of the original bills.

Senator Shields assumed the Chair.

Senator Bartle assumed the Chair.

Senator Jacob raised the point of order that the President Pro Tem does not have the authority to reverse his ruling on a point of order; stating that only the body can reverse a ruling.

The points of order were referred to the President Pro Tem.

The President Pro Tem ruled the point of order raised by Senator Jacob not well taken.

The President Pro Tem ruled the point of order raised by Senator Caskey well taken.

SS for SCS for SBs 714 and 761, as amended, was again taken up.

Senator Jacob offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 3, Section 174.450, Line 23, by inserting after all of said line the following:

"3. The governing board of the University of Missouri, a public corporation of the State of Missouri is hereby authorized and empowered to enter into a long-term ground lease for the purpose of the construction of a hotel/convention center complex in a tract of land owned by the Curators of the University of Missouri, in the City of Columbia, Boone County, Missouri more particularly described as follows:

A tract of land being part of the southeast quarter of Section 13, Township 48 North, Range 13 West; part of the southwest quarter of Section 18, Township 48 North, Range 12 West and part of the northwest quarter of Section 19, Township 48 North, Range 12 West in Columbia, Boone County, Missouri.

Starting at the southeast corner of Section 13, Township 48 North, Range 13 West; thence N 1 15'E, along the range line, 104.73 feet to the north right-of-way of Stadium Boulevard (State Route 740), the point of beginning.

From the point of beginning and following said right-of-way N 88 18'W 47.10 feet; thence N 88 54'W 209.92 feet; thence North 44 10'W 85.00 feet; thence 89 06'W 15.50 feet to the east line of Monk Drive; thence N 1 15'E, along said line 737.00 feet to the south line of Hospital Drive; thence S 89 05'E, along said line 140 feet; thence northeasterly, continuing along said line 860 feet; thence easterly, continuing along the south line of Hospital Drive 440 feet to the west line of College Avenue (State Route 763); thence south, along said line 300 feet; thence southwesterly, continuing along the west line of College Avenue being a curve to the right 1130 feet to the north line of Stadium Boulevard; thence northwesterly, along said line being a curve to the left 750 feet to the beginning.

4. The Curators of the University of Missouri shall issue a "Request for Proposals" (RFP) for the construction of a hotel/convention center complex on said property and use the proceeds derived from the lease of a portion of the above described property to the successful respondent toward the construction of a Performing Arts Center to be located on a portion of the described real property for the University of Missouri-Columbia. The RFP shall include the following:

(1) The University will not own or operate the hotel/convention center complex;

(2) The University shall lease the real property for a term not to exceed fifty years;

(3) The University shall encourage as many interested parties as possible to respond to the RFP; and

(4) The University shall inform all parties that the successful respondent shall pay all applicable taxes, including but not limited to personal property and real property taxes as assessed by governmental entities:

5. The Curators of the University of Missouri shall set the terms and conditions for the lease of the above described property, as they deem reasonable, insofar as they are consistent with the provisions of this section.

Section B. The repeal and reenactment of sections of 174.020, 174.450, and the enactment of section 1 of this act shall take effect only upon notice to the revisor of statutes from the commissioner of the office of administration that the authorization of the Curators to enter into the long-term ground lease specified in section 2 of this act.

Section C. If any provision of section A of this act or the application thereof to anyone or to any circumstances is held invalid, the remainder of those sections and the application of such provisions to others or other circumstances shall not be affected thereby."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

A quorum was established by the following vote:

Senator Jacob moved that SA 8 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Coleman, Mathewson, Vogel and Wheeler.

SA 8 failed of adoption by the following vote:

Senator Shields assumed the Chair.

Senator Jacob offered SA 9, which was read:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 3, Section 174.450, Line 10 of said page, by inserting at the end of said line the following: "The governing boards of the institutions articulated in this subsection shall institute a policy prohibiting an employee from knowingly cloning a human being or participating in cloning a human being. As used in this subsection, the words "cloning a human being" shall mean the creation of a human being by any means other than by the fertilization of an oocyte of a human female by a sperm of a human male.".

Senator Jacob moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 9 is out of order as it goes beyond the scope and purpose of the original bill.

The point of order was referred to the President Pro Tem who ruled it well taken.

Senator Jacob offered SA 10, which was read:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 3, Section 174.450, Line 23 of said page, by inserting at the end of said line the following: "The governing board of Missouri State University shall institute a policy prohibiting any employee, within the scope of their employment with the institution, from referring any student to an abortion provider or any referral service which may reasonably lead to that student obtaining abortion services.".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Kinder, SBs 714 and 761, with SCS, SS for SCS and SA 10 (pending), were placed on the Informal Calendar.

SECOND READING OF SENATE BILLS

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

SB 943--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1095--Small Business, Insurance and Industrial Relations.

SB 1100--Governmental Accountability and Fiscal Oversight.

SB 1110--Pensions and General Laws.

SB 1122--Aging, Families, Mental and Public Health.

SB 1128--Agriculture, Conservation, Parks and Natural Resources.

SB 1129--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1151--Small Business, Insurance and Industrial Relations.

SB 1171--Commerce and the Environment.

HOUSE BILLS ON SECOND READING

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

HB 916--Judiciary and Civil and Criminal Jurisprudence.

CONCURRENT RESOLUTIONS

Senator Caskey offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 34

WHEREAS, Missouri's Rehabilitation Services for the Blind is housed within the Department of Social Services; and

WHEREAS, Rehabilitation Services for the Blind is in place to create opportunities for eligible blind and visually impaired persons so that they may attain personal and vocational success; and

WHEREAS, the services provided by Rehabilitation Services for the Blind (RSB) assist people with varying degrees of visual impairment, ranging from those who cannot read regular print to those who are totally blind and serve a vital role for those persons seeking its services; and

WHEREAS, changing the status of Rehabilitation Services for the Blind from one of many "programs" within the Department of Social Services to its own division is necessary:

(1) Because the number of eligible blind and visually-impaired person increases substantially each year; and

(2) To ensure that Rehabilitation Services for the Blind continues to provide the most efficient and beneficial services to eligible blind and visually-impaired persons; and

(3) To ensure that the new director of the Division of Rehabilitation Services for the Blind can maintain better control of the services provided and can continue to receive the appropriate funding from the state of Missouri:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby request the Governor to authorize by Executive Order the transfer of all duties, functions and responsibilities of Rehabilitation Services for the Blind from "program" status within the Department of Social Services and thereby creating the Division of Rehabilitation Services for the Blind which will raise its level of distinction within the Department; and

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

INTRODUCTION OF BILLS

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

SB 1186-By Bland and Days.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to used vehicle dealer practices.

SB 1187-By Wheeler.

An Act to amend chapter 8, RSMo, by adding thereto one new section relating to project plans and specifications of state facilities.

SB 1188-By Loudon.

An Act to repeal section 376.671, RSMo, and to enact in lieu thereof two new sections relating to annuity contracts.

SB 1189-By Scott.

An Act to repeal section 58.451, RSMo, and to enact in lieu thereof one new section relating to reporting and investigating of death by a coroner.

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 HB 969, entitled:

An Act to repeal section 143.431, RSMo, and to enact in lieu thereof two new sections relating to Missouri taxable income of corporations.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTIONS OF GUESTS

Senator Bray introduced to the Senate, Traci Daffer, Blue Springs.

On behalf of Senators Jacob, Quick and

himself, Senator Kennedy introduced to the Senate, Roosevelt Stewart and Fred Wolfmeyer, St. Louis; Sue Gardner, Ashland; and Andrea Chapman, Kansas City.

On behalf of Senator Bartle, the President introduced to the Senate, Head Coach Kelly Donahoe, Athletic Director Tim Crone, Captains Zac Cunningham, Stinson Dean, Jarrett Morris, Chris Benham, Brett Anwander, Kory Arrington, Sean Sharky, Isac Palelei, David Simpson, Kyle Reed and members of the Blue Springs High School Wildcats, 2004 6A State Football Champions.

Senator Quick introduced to the Senate, Mr. and Mrs. John Callicotte and their children, Isaac, Jonathan, Abigail and Hannah, Homeschoolers from Gladstone; and Isaac, Jonathan, Abigail and Hannah were made honorary pages.

Senator Callahan introduced to the Senate, Dan McGraw and Stephanie Roush, Independence.

On motion of Senate Gibbons, the Senate adjourned until 3:00 p.m., Monday, February 2, 2004.

SENATE CALENDAR

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FOURTEENTH DAY-MONDAY, FEBRUARY 2, 2004

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS