Journal of the Senate

FIRST REGULAR SESSION

TWENTY-NINTH DAY—THURSDAY, FEBRUARY 24, 2005

       The Senate met pursuant to adjournment.

       Senator Koster in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “Indeed, you are my lamp, O Lord, the Lord lightens my darkness.” (2 Samuel 22:29)

          You are the God of light and life and Your brilliance shines forth lightening the path we are to walk this day and every day. Keep us ever close to You that we may see and find our way through these times and be a witness of Your light in our office and in our homes. And Lord, watch over “our going out and coming in.” 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.

       Senator Shields announced that 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

       Senator Wheeler offered Senate Resolution No. 432, regarding Cameron Michael “Cam” Korte, Kansas City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 433, regarding the birth of Seth Michael Archer, Blue Springs, which was adopted.

       Senator Stouffer offered Senate Resolution No. 434, regarding the birth of Deklan Steele Himmelberg, which was adopted.

       Senator Stouffer offered Senate Resolution No. 435, regarding the birth of Carter Hammond Widhalm, West Plains, which was adopted.

       Senator Stouffer offered Senate Resolution No. 436, regarding the birth of Lori Lynn Eckhoff, Concordia, which was adopted.

       Senator Stouffer offered Senate Resolution No. 437, regarding the birth of Brooke Madison McElwee, Braymer, which was adopted.

       Senator Stouffer offered Senate Resolution No. 438, regarding the birth of Delana Brooke Vogelsmeier, Sweet Springs, which was adopted.

       Senator Stouffer offered Senate Resolution No. 439, regarding the birth of Brady Charles Simpson, Lone Jack, which was adopted.

       Senator Stouffer offered Senate Resolution No. 440, regarding the birth of Joseph Michael Trump, Kansas City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 441, regarding Mr. and Mrs. Kevin Boock, Marshall, which was adopted.

       Senator Nodler offered Senate Resolution No. 442, regarding the memory of Army Private First Class Jesse A. Givens, Springfield, which was adopted.

       Senator Gross offered Senate Resolution No. 443, regarding Daniel M. Butler, St. Charles, which was adopted.

       Senator Vogel offered Senate Resolution No. 444, regarding the 2004-2005 Tipton High School Marketing Program, which was adopted.

       Senator Koster offered Senate Resolution No. 445, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Floyd Hursh, Warrensburg, which was adopted.

       Senator Shields offered Senate Resolution No. 446, regarding Angela Kilpatrick, Kansas City, which was adopted.

       Senator Shields offered Senate Resolution No. 447, regarding Kathleen Knuth, Kansas City, which was adopted.

       Senator Engler offered the following resolution:

SENATE RESOLUTION NO. 448

          WHEREAS, the state of Missouri; the residents of its cities, towns, and communities; and electric power providers all have a shared interest in improving air quality and assuring compliance with our nation's air quality goals; and

          WHEREAS, electric power providers have significantly reduced air emissions, but additional reductions will help address these air quality goals; and

          WHEREAS, the Clean Air Act provides for continued reductions in emissions of sulfur dioxide (SO₂), nitrogen oxides (No_x) and mercury from electric power facilities with numerous regulatory decisions mandated over the next two decades that will have unpredictable outcomes; and

          WHEREAS, implementation of the Clean Air Act's multiple, overlapping requirements could be streamlined to facilitate greater, more efficient, and more certain emission reductions that would reduce litigation that often causes significant delays in achieving air quality goals; and

          WHEREAS, a new federal emission reduction program could help to resolve regional and national air quality challenges, interstate environmental conflicts, and reduce inconsistencies between state programs; and

          WHEREAS, the implications of any emission reduction programs on consumer energy prices and electric power reliability must be factored into policy decisions; and

          WHEREAS, the quality of life in Missouri depends on a reliable supply of electric power; and

          WHEREAS, Missouri's economic vitality is linked to the availability of affordable supplies of electric power; and

          WHEREAS, the amount of time necessary for emission reduction-related litigation often reduces the amount of time available for the installation of emission-reduction technologies and increases of the costs of compliance, which eventually are passed on to consumers of electric power; and

          WHEREAS, an opportunity (in the form of the Clear Skies Act) exists to adopt a federal, integrated strategy that establishes aggressive, but reasonable, time frames and reduction targets for the nation's three highest priority electric power plant emissions – nitrogen oxides (No_x), sulfur dioxide (SO₂), and mercury; and

          WHEREAS, such a multi-emission strategy will minimize interstate regulatory compliance conflicts, lessen the need for costly, time-consuming litigation, allow for the design and deployment of more cost-effective technologies, and continue the nation's progress for reducing potentially harmful emissions in as cost-effective manner as possible without negatively impacting the reliability of the nation's electric power supplies:

          NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, urge the United States Congress to adopt forthwith multi-emission legislation that will provide reduction targets for (No_x), (SO₂), and mercury at reasonable and appropriate levels and over periods of time that will provide certainty, stability, and flexibility to electric power generators in meeting their air quality targets while maintaining electric power reliability, availability, and affordability; and

          BE IT FURTHER RESOLVED that reductions under such a program should be achieved using an emissions cap-and-trade approach patterned after the successful Clean Air Act acid rain program; and

          BE IT FURTHER RESOLVED that the ongoing development of combined heat and power units be encouraged by exempting energy efficient and low-emitting units from multi-emission legislation and allowing them to opt in to the program; and

          BE IT FURTHER RESOLVED that such a program should streamline Clean Air Act provisions given that (SO₂), (No_x), and mercury emissions caps will substantially reduce the amount of emissions from electric power facilities; and

          BE IT FURTHER RESOLVED that to the maximum extent possible, enforcement of such a program should be delegated to the states; and

          BE IT FURTHER RESOLVED that we support the Clear Skies Act provided that the final version does not contain a historical cap on carbon dioxide emissions; and

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

CONCURRENT RESOLUTIONS

       Senators Mayer, Shields, Klindt, Dougherty, Kennedy and Ridgeway offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 5

          WHEREAS, following breast cancer, cervical cancer is the second most common cancer in women worldwide; and

          WHEREAS, according to federal governmental statistics, cervical cancer is the third most common gynecological cancer among American women, with approximately 12,200 new cases diagnosed annually, 4,100 of which result in fatalities; and

          WHEREAS, with regular and accurate screening, cervical cancer is highly preventable; widespread screening programs have helped to reduce death rates of women from cervical cancer, but women are still dying even with such advanced medical techniques and evaluative procedures; and

          WHEREAS, cervical cancer cases in the United States are generally attributed to a lack of education, a reduction of access available to regular cervical cancer screening, and a lack of screening accuracy; and

          WHEREAS, experience shows that increasing cervical cancer awareness among women, especially the underserved women within our state, significantly reduces the probability of mortality; and

          WHEREAS, cervical cancer disproportionately affects minority women and women with lower incomes because they are less likely to have access to routine screening; and

          WHEREAS, approximately half of all cervical cancer cases are in women who have never been screened, and ten percent of cases are in women who have not been screened within the last five years; and

          WHEREAS, the median age of cervical cancer patients at diagnosis is 47 years, the youngest median age for all female reproductive cancers; and

          WHEREAS, new screening technologies, including FDA-approved testing for human papillomavirus, which is the cause of virtually all cervical cancers, offer new opportunities to finally eliminate this potentially deadly disease through early identification of women at increased risk; and

          WHEREAS, leading medical organizations, including the American College of Obstetricians and Gynecologists, the American Cancer Society, and the Association of Reproductive Health Professionals, have recently updated their screening guidelines to include FDA-approved testing for the human papillomavirus; and

          WHEREAS, women are entitled to proper cervical cancer information, so that they can be empowered to make informed healthcare decisions, and access to routine screening, including the most accurate methods available; and

          WHEREAS, the Missouri General Assembly recognizes that through education and screening, women can lower their likelihood for developing cervical cancer, and that through early detection, cervical cancer can be successfully treated after it develops:

          NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby supports the Missouri Department of Health and Senior Services and the Missouri Cancer Consortium in taking the lead in formulating the Comprehensive Cancer Action Plan for Missouri, including the review of data regarding cervical cancer and human papillomavirus of women in Missouri, evaluating current methods used to provide women with information regarding cervical cancer, access to regular screening, and options for increasing screening accuracy. The Missouri General Assembly supports the Missouri Department of Health and Senior Services and the Missouri Cancer Consortium in the identification of pockets of need, priority strategies, and new technologies, including newly introduced therapies and preventive vaccines which are effective in preventing and controlling cervical cancer; and

          BE IT FURTHER RESOLVED that the Comprehensive Cancer Action Plan for Missouri, which serves as a nationwide model of effective cancer control strategies, be presented yearly to the Governor, Lieutenant Governor, President Pro Tem of the Senate, the Speaker of the House of Representatives and to be posted on the Missouri state website homepage; and

          BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Governor of Missouri, the Director of the Department of Health and Senior Services and the Director of the Missouri Cancer Consortium.

INTRODUCTION OF BILLS

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

       SB 410–By Graham.

       An Act to repeal section 208.010, RSMo, and to enact in lieu thereof one new section relating to the exclusion of assets for purposes of determining eligibility for public assistance.

       SB 411–By Wilson.

       An Act to repeal sections 407.1095, 407.1098, 407.1101, and 407.1104, RSMo, and to enact in lieu thereof four new sections relating to telemarketing no-call list.

       SB 412–By Taylor.

       An Act to amend chapter 105, RSMo, by adding thereto one new section relating to public employees.

       SB 413–By Taylor.

       An Act to amend chapter 71, RSMo, by adding thereto one new section relating to political subdivisions.

       SB 414–By Purgason.

       An Act to repeal sections 65.030, 65.150, 65.180, 65.190, 65.200, 65.220, 65.230, 65.300, 65.610, and 231.230, RSMo, and to enact in lieu thereof eleven new sections relating to counties with township organization.

       SB 415–By Cauthorn.

       An Act to repeal section 393.015, RSMo, and to enact in lieu thereof two new sections relating to water and sewer companies.

       SB 416–By Engler and Dougherty.

       An Act to amend chapter 376, RSMo, by adding thereto one new section relating to health insurance agreements between certain health care providers.

       SB 417–By Engler, Days, Champion, Loudon, Graham, Callahan, Bray, Dougherty, Cauthorn, Clemens, Mayer, Taylor and Shields.

       An Act to repeal sections 172.030, 172.037, 172.040, 172.060, 174.450, 174.610, 174.620, and 174.621, RSMo, and to enact in lieu thereof eight new sections relating to the governing boards of certain state higher education institutions.

       SB 418–By Mayer.

       An Act to repeal section 595.045, RSMo, and to enact in lieu thereof one new section relating to crime victims’ compensation fund.

       SB 419–By Mayer.

       An Act to repeal section 577.054 as enacted by house substitute for senate substitute for senate committee substitute for senate bill nos. 1233, 840 & 1043, ninety-second general assembly, second regular session, and section 577.054 as enacted by house bill no. 3, eighty-fifth general assembly, first extraordinary session, and section 610.123, RSMo, and to enact in lieu thereof two new sections relating to expungement of records.

       SB 420–By Mayer.

       An Act to repeal section 534.090, RSMo, and to enact in lieu thereof one new section relating to serving of summons.

       SB 421–By Bartle.

       An Act to repeal section 238.216, RSMo, and to enact in lieu thereof one new section relating to submission of a petition to form a transportation district.

       SB 422–By Bartle.

       An Act to repeal section 610.123, RSMo, section 577.054 as enacted by house substitute for senate substitute for senate committee substitute for senate bills nos. 1233, 840 & 843, ninety-second general assembly, second regular session, and section 577.054 as enacted by house bill no. 3, eighty-fifth general assembly, first extraordinary session, and to enact in lieu thereof two new sections relating to expungement petitions.

       SB 423–By Bartle.

       An Act to repeal sections 488.5050, 650.050, 650.052, and 650.055, RSMo, and to enact in lieu thereof four new sections relating to a DNA profiling system.

THIRD READING OF SENATE BILLS

       SB 71, introduced by Senator Griesheimer, entitled:

       An Act to repeal section 105.267, RSMo, and to enact in lieu thereof one new section relating to public officers and employees.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Griesheimer, SB 71 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 21, introduced by Senator Shields, entitled:

       An Act to repeal section 453.020, RSMo, and to enact in lieu thereof one new section relating to putative father registry.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Shields, SB 21 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 162, introduced by Senator Gross, entitled:

       An Act to repeal sections 192.400, 192.410, and 192.420, RSMo, and to enact in lieu thereof three new sections relating to radiation control.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Gross, SB 162 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 165, introduced by Senator Bartle, entitled:

       An Act to repeal sections 386.510, 386.520, 386.530, and 386.540, RSMo, and to enact in lieu thereof four new sections relating to judicial appeal of public service commission orders.

       Was called from the Consent Calendar and taken up.

       Senator Bartle requested unanimous consent of the Senate to make a technical change on page 5, line 18, by deleting the word “entity” and inserting in lieu thereof the word “utility”, which request was granted.

       On motion of Senator Bartle, SB 165 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 123, introduced by Senator Bartle, entitled:

       An Act to repeal sections 351.107, 351.180, 351.182, 351.295, and 351.405, RSMo, and to enact in lieu thereof five new sections relating to corporations.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Bartle, SB 123 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 149, introduced by Senator Nodler, entitled:

       An Act to repeal section 36.390, RSMo, and to enact in lieu thereof one new section relating to state personnel law.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Nodler, SB 149 was read the 3rd time and passed by the following vote:

       The President declared the bill passed.

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

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

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

       SB 189, introduced by Senator Gross, entitled:

       An Act to repeal sections 198.439, 208.480, and 338.550, RSMo, and to enact in lieu thereof three new sections relating to the health care provider tax, with an emergency clause.

       Was called from the Consent Calendar and taken up.

       On motion of Senator Gross, SB 189 was read the 3rd time and passed by the following vote: