Journal of the Senate

SECOND REGULAR SESSION

SEVENTEENTH DAY--THURSDAY, FEBRUARY 5, 2004

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"Let day speak, and many years teach wisdom. But it is the spirit in a man the breath of the Almighty, that makes him understand." (Job 32:7-8)

Lord, we know that each day You teach us of life and our place in it. Let us always be open to Your teachings and make ourselves available to learn of Your Word. Bless our work this day and travel with us as we return home to those we 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 of the previous day was read and approved.

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

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

Senator Gross requested unanimous consent of the Senate to have the Senate Journal for January 28, 2004, reflect his attendance at the Joint Session on the State of Transportation, which request was granted.

RESOLUTIONS

Senator Callahan offered Senate Resolution No. 1261, regarding Karen Davies, Independence, which was adopted.

Senator Callahan offered Senate Resolution No. 1262, regarding Cary L. Clark, Leawood, Kansas, which was adopted.

Senator Wheeler offered Senate Resolution No. 1263, regarding the Coterie Theatre, Kansas City, which was adopted.

Senator Gross offered Senate Resolution No. 1264, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Donald Beck, St. Charles, which was adopted.

Senator Gross offered Senate Resolution No. 1265, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Robert Peitz, St. Charles, which was adopted.

CONCURRENT RESOLUTIONS

Senator Cauthorn moved that SCR 24 be taken up for adoption, which motion prevailed.

On motion of Senator Cauthorn, SCR 24 was adopted by the following vote:

INTRODUCTION OF BILLS

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

SB 1227-By Russell, Goode and Kinder.

An Act to authorize, pursuant to Section 21.527, RSMo, the commencement of certain projects to be funded from bond proceeds subject to the provisions of Sections 360.010 to 360.140.

SB 1228-By Gibbons.

An Act to repeal sections 589.410 and 589.425, RSMo, and to enact in lieu thereof two new sections relating to a sexual offender registry website.

SB 1229-By Caskey.

An Act to repeal section 221.111, RSMo, and to enact in lieu thereof one new section relating to delivery or concealment of certain substances in correctional facilities, with penalty provisions.

SB 1230-By Clemens and Griesheimer.

An Act to repeal sections 130.016 and 130.046, RSMo, and to enact in lieu thereof two new sections relating to exemptions from campaign finance requirements.

SB 1231-By Clemens, Griesheimer and Nodler.

An Act to repeal section 324.484, RSMo, and to enact in lieu thereof one new section relating to the exemption of dentists from acupuncture licensing requirements.

SB 1232-By Clemens, Shields, Cauthorn, Griesheimer and Nodler.

An Act to amend chapter 34, RSMo, by adding thereto five new sections relating to the competitive government act.

SB 1233-By Dolan.

An Act to repeal sections 21.795, 301.132, 301.144, 301.463, 301.2999, and 301.3098, RSMo, and to enact in lieu thereof twenty-six new sections relating to motor vehicle registration.

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Commerce and the Environment, to which were referred SB 1020, SB 889 and SB 869, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 718, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Foster, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred SB 1080, begs leave to report that it has considered the same and recommends that the bill 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 1099, 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 Transportation, to which was referred SJR 44, 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 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:

Quentin C. Wilson, as a member of the Midwestern Higher Education Commission;

Also,

Randall H. Sammons, Ruby M. Mehrer and Joan S. Eberhardt, R.N., B.S.N., M.A., C.C.R.N., as members of the State Advisory Council on Emergency Medical Services;

Also,

Lisa M. Atkins, as a member of the Organ Donation Advisory Committee;

Also,

Rodney L. Beard, as public member of the State Banking Board;

Also,

Richard A. Clemens, Mari Ann Bihr, Daniel L. Vornberg, Charles W. Tyler, Diliane Charles Pelikan, Gail Brown-Rozelle, Fred L. McClure, III, William M. Fry, Jr., Gary W. Maienschein, Derotha G. Skaggs, Charles "Gil" Copley, Timothy J. Klotz and Mary K. Matalone, as members of the Advisory Committee on Lead Poisoning;

Also,

Ajamu K. Webster, Henry D. Shannon, Mary Virginia Moore Johnson and Miguel Meneses, as members of the Missouri Training and Employment Council;

Also,

Tracy Maria Reed, D.P.M., as a member of the State Board of Podiatric Medicine;

Also,

Laurie B. Donovan, Nanci A. Bobrow, Ph.D., Robert H. Marty and Terry Bloomberg, as members of the Children's Trust Fund Board;

Also,

India Daniele Jeffrey, as a student representative and Edward C. Matthews, III, as a member of the Southeast Missouri State University Board of Regents;

Also,

Jaynee D. Browning and William F. Horn, Jr., as members of the Missouri Planning Council on Developmental Disabilities;

Also,

Raymond Doswell, Marcia L. Bennett- Hazelrigg, David E. Richards, Robert P. Neumann, Jeannette A. Zinkgraf, Steven Philip Gietschier, Ph.D., Joseph L. Adams, Benedict K. Zobrist, Ph.D. and Nicola J. Longford, as members of the State Historical Records Advisory Board;

Also,

Gary S. Gottesman, Morey A. Blinder, M.D., Richard Ephraim Hillman, M.D. and Tracy Maria Reed, D.P.M., as members of the Missouri Genetic Disease Advisory Committee;

Also,

Dayna M. Stock, as a member of the State Board of Optometry;

Also,

Linda Picou, Sharon A. Robinson and Herbert W. Martin, as members of the Workers' Compensation Determinations Review Board;

Also,

Raymond J. Mungenast and Bradley D. Freeman, M.D., as members of the Missouri Head Injury Advisory Council;

Also,

Michael D. Baker, Oliver G. Boyer and Brian C. Hauswirth, as members of the Amber Alert System Oversight Committee;

Also,

George Hartsfield, as a member of the Missouri Gaming Commission;

Also,

Conrad H. Sutton and Thomas D. Greenwell, as members of the Corrections Officer Certification Commission;

Also,

Peter W. Hofherr, as Director of the Department of Agriculture;

Also,

Dana M. Hardy and Andres Marin Dominguez, as members of the Missouri Community Service Commission;

Also,

Terry L. Jackson, Ph.D., Pamela J. Schneeflock and George V. Boyle, as members of the Missouri Planning Council on Developmental Disabilities;

Also,

Richard B. Edging, Ph.D. and Lenora N. Gaydusek, as members of the Unmarked Human Burial Consultation Committee;

Also,

Kelli A. Wolf, as student representative of the Southwest Missouri State University Board of Governors;

Also,

Kevin D. DeSain, as a member of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects;

Also,

Angela H. da Silva, as a member of the St. Louis City Board of Election Commissioners;

Also,

William "Bill" Carson and Richard L. Berkley, as members of the Jackson County Sports Complex Authority;

Also,

Marie E. Carter and Terri L. Powell, as members of the State Committee of Dietitians;

Also,

James B. Chappell, as a member of the Clay County Board of Election Commissioners;

Also,

Susan M. Abdel-Rahman, Pharm.D., as a member of the Drug Utilization Review Board;

Also,

William J. Baker, as Chairman and Tammy L. Brown, as a member of the Jackson County Board of Election Commissioners;

Also,

E. Maxine Thompson, as a member of the Missouri Dental Board;

Also,

Terri R. Gray, as a member of the Missouri Women's Council;

Also,

Chester A. Culley, as a member of the Missouri Emergency Response Commission;

Also,

Maria I. Gomez, as a member of the Child Abuse and Neglect Review Board;

Also,

Karen M. Luebbert, Ph.D., as a member of the Missouri Higher Education Loan Authority;

Also,

Sherri A. Robins, as a member of the State Lottery Commission.

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.

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, after examination of SB 762, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 955, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 33, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

SENATE BILLS FOR PERFECTION

Senator Bartle moved that SB 1000, with SS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SB 1000, as amended, was again taken up.

Senator Bray offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Bill No. 1000, Page 8, Section 650.055, Line 15, of said page, by striking said line and inserting in lieu thereof the following:

"(1) Peace officers, as defined in section 590.010, RSMo, and other employees of law enforcement agencies who need to obtain such records to perform their public duties;"; and further amend Lines 19 to 22 of said page, by striking said lines and inserting in lieu thereof the following:

"in chapter 56, RSMo and their employees who need to obtain such records to perform their public duties; or

(4) Associate circuit judges, circuit judges, judges of the courts of appeals, supreme court judges, and their employees who need to obtain such records to perform their public duties.".

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

Senator Dougherty offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Bill No. 1000, Page 10, Section 650.055, Line 9, by striking "twelve thousand dollars" and inserting in lieu thereof the following: "an amount equal to the U.S. Department of Health and Human Services federal poverty guidelines for each year of incarceration".

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

Senator Bartle moved that SS for SB 1000, as amended, be adopted, which motion prevailed.

On motion of Senator Bartle, SS for SB 1000, as amended, was declared perfected and ordered printed.

THIRD READING OF

CONCURRENT RESOLUTIONS

HCR 5, introduced by Representative Byrd, et al, entitled:

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.

Was taken up by Senator Russell.

Senator Gross assumed the Chair.

Senator Childers assumed the Chair.

Senator Gross assumed the Chair.

On motion of Senator Russell, HCR 5 was read the 3rd time and passed by the following vote:

The President declared the concurrent resolution passed.

On motion of Senator Russell, title to the concurrent resolution was agreed to.

Senator Russell moved that the vote by which the concurrent resolution passed be reconsidered.

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

SECOND READING OF

CONCURRENT RESOLUTIONS

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

SCR 35--Rules, Joint Rules, Resolutions and Ethics.

REFERRALS

President Pro Tem Kinder referred SCR 36 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

RE-REFERRALS

President Pro Tem Kinder re-referred SB 1082 to the Committee on Economic Development, Tourism and Local Government.

SECOND READING OF SENATE BILLS

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

SB 844--Pensions and General Laws.

SB 1127--Pensions and General Laws.

SB 1141--Pensions and General Laws.

SB 1143--Transportation.

SB 1145--Transportation.

SB 1149--Judiciary and Civil and Criminal Jurisprudence.

SB 1152--Commerce and the Environment.

SB 1153--Agriculture, Conservation, Parks and Natural Resources.

SB 1154--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1180--Economic Development, Tourism and Local Government.

SB 1184--Ways and Means.

SB 1188--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1191--Judiciary and Civil and Criminal Jurisprudence.

SB 1193--Transportation.

SB 1195--Judiciary and Civil and Criminal Jurisprudence.

SB 1197--Economic Development, Tourism and Local Government.

SB 1198--Ways and Means.

SB 1201--Transportation.

SB 1221--Appropriations.

MESSAGES FROM THE GOVERNOR

The following message was received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 4, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointments to office made by me and submitted to you on January 7, 2004 for your advice and consent:

Stacy A. Mangum, 304 SE Shamrock Lane, Blue Springs, Jackson County, Missouri 64014, as a member of the Drug Utilization Review Board, for a term ending October 15, 2003, and until his successor is duly appointed and qualified; vice, Stacy A. Mangum, withdrawn.

Linda Taylor Allen, Ph.D., 3902 Cromwell Court, Columbia, Boone County, Missouri 65203, as a member of the Missouri Planning Council on Developmental Disabilities, for a term ending June 30, 2006, and until her successor is duly appointed and qualified; vice, Linda Taylor Allen, Ph.D., withdrawn.

Walter Foster, Jr., 21513 Highway 17, Waynesville, Pulaski County, Missouri 65883, as a member of the Corrections Officer Certification Commission, for a term ending October 30, 2005, and until his successor is duly appointed and qualified; vice, RSMo. 217.105.

Judith D. Riehl, 3248 Patterson Place Drive #307, St. Louis, St. Louis County, Missouri 63129, as a member of the Advisory Committee on Lead Poisoning, for a term ending April 15, 2005, and until her successor is duly appointed and qualified; vice, Jonathan VanderBrug, term expired.

Terry D. Milam, 805 Chateau Valley Court, Ferguson, St. Louis County, Missouri 63135, as a member of the Amber Alert System Oversight Commission, for a term ending October 20, 2006, and until his successor is duly appointed and qualified; vice, RSMo. 210.1012.

Suzanne Wells, R.N., 534 Sheffield, Webster Groves, St. Louis County, Missouri 63119, as a member of the Missouri Genetic Disease Advisory Committee, for a term ending April 9, 2006, and until her successor is duly appointed and qualified; vice, Donna Evert, resigned.

Stacy A. Mangum, 304 SE Shamrock Lane, Blue Springs, Jackson County, Missouri 64014, as a member of the Drug Utilization Review Board, for a term ending October 15, 2007, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Sheldon Lee Lineback, 337 Hutton Lane, Jefferson City, Cole County, Missouri 65101, as a member of the Amber Alert System Oversight Commission, for a term ending October 20, 2006, and until his successor is duly appointed and qualified; vice, RSMo. 210.1012.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Kinder moved that the above appointments be returned to the Governor pursuant to his request, which motion prevailed.

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 and passed HCS for HBs 950 and 948, entitled:

An Act to repeal sections 48.020 and 48.030, RSMo, and to enact in lieu thereof two new sections relating to classifications of counties, with an emergency clause.

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 House has taken up and passed HCS for HB 1182, entitled:

An Act to repeal sections 148.330, 348.430, and 348.432, RSMo, and to enact in lieu thereof three new sections relating to tax credits.

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 House has taken up and passed HCS for HB 1177, entitled:

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.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTION OF BILLS

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

SB 1234-By Mathewson.

An Act to repeal sections 100.255, 100.260, 100.270, 100.275, 100.281, 135.545, and 620.1039, RSMo, and to enact in lieu thereof fourteen new sections relating to job creation.

SB 1235-By Loudon.

An Act to repeal sections 375.246, 375.1176, 375.1198, and 375.1220, RSMo, and to enact in lieu thereof four new sections relating to insurer liquidation law, with penalty provisions.

RESOLUTIONS

Senator Scott offered Senate Resolution No. 1266, regarding Leonard Rexroad, Fairplay, which was adopted.

Senator Scott offered Senate Resolution No. 1267, regarding Raymond "Max" Davolt, Fairplay, which was adopted.

Senator Bartle offered Senate Resolution No. 1268, regarding Zakariah William "Zak" Ray, Lee's Summit, which was adopted.

Senator Klindt offered Senate Resolution No. 1269, regarding Corrections Officer I Jeff Carter, Cameron, which was adopted.

Senator Klindt offered Senate Resolution No. 1270, regarding Tim McCann, Gallatin, which was adopted.

Senator Klindt offered Senate Resolution No. 1271, regarding Redwan Youssef, M.D., Chillicothe, which was adopted.

Senator Klindt offered Senate Resolution No. 1272, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Orla Walker, Savannah, which was adopted.

Senator Klindt offered Senate Resolution No. 1273, regarding Corrections Officer I Donald Stiles, Clarksdale, which was adopted.

Senator Klindt offered Senate Resolution No. 1274, regarding Corrections Officer I John Pierick, Cameron, which was adopted.

Senator Klindt offered Senate Resolution No. 1275, regarding Corrections Officer III Cody Ross, Cameron, which was adopted.

COMMUNICATIONS

Senator Kinder submitted the following:

February 4, 2004

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointments to the Missouri Advisory Council on

Pain and Symptom Management

Dear Terry,

Pursuant to Section 192.350, RSMo 2002, I am appointing the following Senators to the Missouri Advisory Council on Pain and Symptom Management:

Senator Norma Champion

Senator Harry Kennedy

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter D. Kinder

PETER D. KINDER

President Pro Tem

INTRODUCTIONS OF GUESTS

Senator Clemens introduced to the Senate, Carolyn Koenigsfeld, Carolyn Winthorst, Art Ehrhardt, Harold Raithel, Janis Deimeke, Norma Hackamack, Willard Heseman, Barb Wilson, Jack Maxwell and Joyce Patterson, Farm Bureau leaders from around the state.

Senator Cauthorn introduced to the Senate, Barb Wilson, Mexico; and Janis Deimeke, Laddonia.

Senator Cauthorn introduced to the Senate, Bobby McCutcheon, Sturgeon.

Senator Childers introduced to the Senate, County Commissioners from Taney and Ozark counties.

Senator Jacob introduced to the Senate, Joe Kelly, Columbia; and Joe was made an honorary page.

Senator Bland introduced to the Senate, Rosalind Guy, St. Louis.

On motion of Senator Gibbons, the Senate adjourned until 3:00 p.m., Monday, February 9, 2004.

SENATE CALENDAR

______

EIGHTEENTH DAY-MONDAY, FEBRUARY 9, 2004

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SB 739-Klindt

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

SB 732-Gross

CONSENT CALENDAR

Senate Bills

Reported 2/2

RESOLUTIONS

Reported from Committee