Journal of the Senate

SECOND REGULAR SESSION

FOURTEENTH DAY--MONDAY, FEBRUARY 2, 2004

Senator Clemens in the Chair.

Reverend Carl Gauck offered the following prayer:

"Praise the Lord. Blessed is the man who fears the Lord." (Psalm 112:1)

Blessed Lord, we thank You for watching our going out and coming in and our safe arrival to do our work this week. Bless our efforts and guide our work this week. And Lord, we pray for our doorman Fred Fischer at the death of his wife, Margaret. Comfort Fred and his family with Your presence and be an ever present help reminding them of Your mercy and love. 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, January 29, 2004, was read and approved.

Photographers from the Associated Press, KOMU-TV and KMIZ-TV were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Foster offered Senate Resolution No. 1211, regarding the Clarkton Historical Society, which was adopted.

Senator Yeckel offered Senate Resolution No. 1212, regarding Daniel Ried, St. Louis County, which was adopted.

Senator Yeckel offered Senate Resolution No. 1213, regarding Kevin J. Chierek, St. Louis, which was adopted.

Senator Wheeler offered Senate Resolution No. 1214, regarding the American Heart Association, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1215, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Kenneth Roth, Mexico, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1216, regarding Anita Ludwig, Louisiana, which was adopted.

Senator Caskey offered Senate Resolution No. 1217, regarding Sara Bass, Warrensburg, which was adopted.

Senator Wheeler offered Senate Resolution No. 1218, regarding Delena Stout, Kansas City, which was adopted.

Senator Dougherty offered Senate Resolution No. 1219, regarding the Homer G. Phillips Senior Living Community, St. Louis, which was adopted.

Senator Caskey offered Senate Resolution No. 1220, regarding Belinda Davis, Belton, which was adopted.

Senator Bland offered Senate Resolution No. 1221, regarding the death of John Friedmann, CFE, Kansas City, which was adopted.

Senator Bland offered Senate Resolution No. 1222, regarding the death of Edith C. Westley, Kansas City, which was adopted.

Senator Russell offered Senate Resolution No. 1223, regarding Jerry and Juanita Sisco, Alton, which was adopted.

Senator Bartle offered Senate Resolution No. 1224, regarding Dolores and Dave Priddy, Blue Springs, which was adopted.

Senator Bartle offered Senate Resolution No. 1225, regarding Corey Austin Daughenbaugh, Lee's Summit, which was adopted.

Senator Bartle offered Senate Resolution No. 1226, regarding Michael Craig Humphrey, Lee's Summit, which was adopted.

Senator Yeckel offered Senate Resolution No. 1227, regarding Karen LaFever, which was adopted.

Senator Yeckel offered Senate Resolution No. 1228, regarding Linda Sarver, which was adopted.

Senator Yeckel offered Senate Resolution No. 1229, regarding Jessica Lynne Mauk, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1230, regarding Barbara Blackmon, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1231, regarding Julie Grosmann, Ballwin, which was adopted.

Senator Yeckel offered Senate Resolution No. 1232, regarding Claire Laurentius, St. Louis, which was adopted.

INTRODUCTION OF BILLS

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

SB 1190-By Caskey.

An Act to repeal sections 313.004 and 313.813, RSMo, and to enact in lieu thereof two new sections relating to the powers of the gaming commission, with penalty provisions.

SB 1191-By Steelman.

An Act to repeal section 575.150, RSMo, and to enact in lieu thereof one new section relating to resisting or interfering with arrest, with penalty provisions.

SB 1192-By Steelman.

An Act to repeal section 304.351, RSMo, and to enact in lieu thereof one new section relating to right-of-way at intersections, with penalty provisions.

SB 1193-By Steelman.

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

SB 1194-By Vogel.

An Act to amend chapter 260, RSMo, by adding thereto one new section relating to dry-cleaning facilities, with an expiration date.

SB 1195-By Klindt.

An Act to repeal section 211.393, RSMo, and to enact in lieu thereof one new section relating to juvenile court personnel.

SB 1196-By Klindt.

An Act to repeal sections 320.106, 320.111, 320.116, 320.126, 320.131, 320.136, 320.146, 320.151, and 320.161, RSMo, and to enact in lieu thereof nine new sections relating to fireworks regulations, with penalty provisions.

SB 1197-By Quick.

An Act to repeal section 67.797, RSMo, and to enact in lieu thereof one new section relating to recreational district board members.

SB 1198-By Russell.

An Act to repeal sections 143.225 and 143.261, RSMo, and to enact in lieu thereof one new section relating to withholding of taxes by employers, with an effective date.

SB 1199-By Kennedy.

An Act to repeal section 86.254, RSMo, and to enact in lieu thereof one new section relating to police relief and pension systems.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 758, 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 Economic Development, Tourism and Local Government, to which was referred SB 769, 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 Economic Development, Tourism and Local Government, to which was referred SB 782, 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 Economic Development, Tourism and Local Government, to which was referred SB 789, 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 Economic Development, Tourism and Local Government, to which were referred SB 942, 850, and 841, 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.

REFERRALS

President Pro Tem Kinder referred SCR 33 and SCR 34 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

The Senate observed a moment of silence for Fred Fischer.

REPORTS OF STANDING COMMITTEES

Senator Shields, Chairman of the Committee on Aging, Families, Mental and Public Health, submitted the following report:

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 762, 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.

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

Mr. President: Your Committee on Trans-portation, to which was referred SB 955, 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 Trans-portation, to which was referred SB 770, 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 Trans-portation, to which was referred SB 1006, 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 Trans-portation, to which was referred SB 767, 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.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Ronald D. Boyer, Republican, 5654 E. State Highway AF, Fair Grove, Greene County, Missouri 65648, as a member of the State Milk Board, for a term ending September 28, 2007, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Conny K. Dover, 4001 South Baltimore, Kirksville, Adair County, Missouri 63501, as a public member of the County Employees' Retirement Fund Board of Directors, for a term ending January 1, 2008, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Martha A. Gragg, Republican, 15670 Highway BB, Milan, Sullivan County, Missouri 63556, as a member of the Missouri Board for Respiratory Care, for a term ending April 3, 2006, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Roger E. Huckfeldt, M.D., 6273 S. Riverglen, Ozark, Christian County, Missouri 65721, as a member of the State Advisory Council on Emergency Medical Services, for a term ending January 5, 2008, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Lois B. Kramer-Owens, Republican, 252 Whispering Cove Drive, Camdenton, Camden County, Missouri 65020, as a member of the State Committee of Dietitians, for a term ending June 11, 2006, and until her successor is duly appointed and qualified; vice, Donna Medlin, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Randy D. Mooney, Republican, 7725 E. Farm Rd. 194, Rogersville, Greene County, Missouri 65742, as a member of the State Milk Board, for a term ending September 28, 2007, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Lois L. Reine, 2846 Foxdale Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Board of Examiners for Hearing Instrument Specialists, for a term ending January 1, 2008, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Kelly Rostic, 1123 W. McGuffey, Ozark, Christian County, Missouri 65721, as a member of the Amber Alert System Oversight Commission, for a term ending October 20, 2007, and until her successor is duly appointed and qualified; vice, RSMo. 210.1014.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Gary F. Sobocinski, 3274 Bridgeport Place Drive, Bridgeton, St. Louis County, Missouri 63044, as a member of the Missouri Board of Pharmacy, for a term ending January 29, 2009, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

David K. Tan, M.D., 105 Lamplighter Way, O'Fallon, St. Charles County, Missouri 63366, as a member of the State Advisory Council on Emergency Medical Services, for a term ending January 5, 2008, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Kinder referred the above appointments to the Committee on Gubernatorial Appointments.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 714 and SB 761, with SCS, SS for SCS and SA 10 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 10 was again taken up.

Senator Jacob moved that the above amendment be adopted.

Senator Jacob offered SA 1 to SA 10, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 10

Amend Senate Amendment No. 10 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1 of the amendment, by inserting at the end of line 1 the following:

"Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 3, Section 174.450, line 10, by inserting at the end of said line the following:

"The governing board of the institutions articulated in this subsection 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 and requested a roll call vote be taken on its adoption and the adoption of SA 10. He was joined in his request by Senators Bray, Callahan, Days and Wheeler.

Senator Shields raised the point of order that SA 1 to SA 10 and SA 10 are out of order as they go beyond the scope and purpose of the underlying bill.

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

Senator Bartle assumed the Chair.

Senator Jacob offered SA 11, which was read:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 1, Section 174.020, Line 11 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and

Further amend said bill, Page 2, Section 174.450, Line 20 of said page, by striking "[Southwest] Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and

Further amend said bill and section, page 3, line 11 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and

Further amend said bill, Page 3, Section 1, Line 24 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and

Further amend said bill and section, Page 4, Line 2 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and further amend line 6 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker"; and further amend lines 8-9 of said page, by striking the words "Missouri State" and inserting in lieu thereof the following: "Samuel Aaron Baker".

Senator Jacob moved that the above amendment be adopted.

A quorum was established by the following vote:

A quorum was established by the following vote:

At the request of Senator Jacob, SA 11 was withdrawn.

Senator Jacob offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 4, Section 1, Line 14, by inserting after all of said line the following:

"Section 2. No campus of Missouri State University shall offer associate degrees."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bland, Callahan, Caskey and Coleman.

SA 12 failed of adoption by the following vote:

Senator Jacob offered SA 13, which was read:

SENATE AMENDMENT NO. 13

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 714 and 761, Page 2, Section 174.020, Line 13, by inserting after the word "education" the following: "and further, no additional state revenues shall follow from the modification of the names of the institutions specified in subsection 1 of this section.".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Kinder, SB 714 and SB 761, with SCS, SS for SCS and SA 13 (pending), were placed on the Informal Calendar.

SECOND READING OF SENATE BILLS

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

SB 1123--Aging, Families, Mental and Public Health.

REPORTS OF STANDING COMMITTEES

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 932, 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 Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following reports:

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, 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 Govern-mental Accountability and Fiscal Oversight, to which was referred SB 980, 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 Govern-mental Accountability and Fiscal Oversight, to which was referred SB 1028, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

INTRODUCTION OF BILLS

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

SB 1200-By Griesheimer.

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

SB 1201-By Cauthorn.

An Act to repeal sections 142.028 and 142.031, RSMo, and to enact in lieu thereof two new sections relating to the motor fuel tax.

SB 1202-By Gibbons, Russell, Goode and Dolan.

An Act to repeal section 43.530, RSMo, and to enact in lieu thereof one new section relating to the criminal record system fund.

RESOLUTIONS

Senator Clemens offered Senate Resolution No. 1233, regarding Daniel Moore, Nixa, which was adopted.

Senator Clemens offered Senate Resolution No. 1234, regarding Mathew Hartzell, Nixa, which was adopted.

INTRODUCTIONS OF GUESTS

On behalf of Senators Goode, Days and himself, Senator Kennedy introduced to the Senate,

Samara Moore, RT (R) and Martin G. Henson, RT (R), Florissant; Anne Rutz, Ph.D. RT (R)(M), Rolla; David L. Frazier, BS RT (R) (QM), Springfield; Tammy Decker, RN RT (R)(M) BSN, Pleasant Hope; and Heather Brown BSRTRM, Sparta.

Senator Coleman introduced to the Senate, Lyndon LaRouche.

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

SENATE CALENDAR

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FIFTEENTH DAY-TUESDAY, FEBRUARY 3, 2004

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

HB 969-Cooper, et al

THIRD READING OF SENATE BILLS

SB 739-Klindt

SENATE BILLS FOR PERFECTION