Journal of the Senate

FIRST REGULAR SESSION


TWENTY-FIFTH DAY--WEDNESDAY, FEBRUARY 14, 2001


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"You shall love the Lord your God with all your heart, and with all your soul, and with all your mind...You shall love your neighbor as yourself." (Matthew 22:37, 39)

God of Love, each day we greet one another and shake one another's hands most courteously and that is the proper thing for us to do. But on this Valentine's Day let us remember to express our love to those who mean so much to us treating them as if they were lobbying us and not just loving us. May we be expressive of our love and care to those whom You have given us to love and show in small ways how our heart sings a song in their presence. And may we be neighborly to those we meet daily, especially those who want nothing from us. In Your Loving 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 KRCG-TV and KOMU-TV were given permission to take pictures in the Senate Chamber today.

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

Present--Senators
Bentley Bland Carter Caskey
Cauthorn Childers DePasco Dougherty
Foster Gibbons Goode Gross
House Jacob Johnson Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

Senator Westfall offered Senate Resolution No. 197, regarding Mayor Gerald W. Gilkey, Lamar, which was adopted.

Senators Wiggins and DePasco offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 198

WHEREAS, the members of the Missouri Senate have been pleased to learn that Katheryn Shields, County Executive of Jackson County, has been selected to receive a singular honor by the Missouri Arts Council; and

WHEREAS, on Wednesday, February 14th, Katheryn Shields will receive the 2001 Missouri Arts Award from Governor Bob Holden at a ceremony to be conducted in the Rotunda of the State Capitol to be followed by a reception in her honor at the Governor's Mansion; and

WHEREAS, Ms. Shields has supported the arts and arts projects for many years including enforcement of Kansas City's One Percent for Art Program which resulted in artwork being placed at the American Royal Complex and at Bartle Hall; and

WHEREAS, after her election as County Executive in 1994, Ms. Shields initiated the Jackson County Public Arts and Preservation Program through which in 1998 the County installed the sculpture "Shadow Garden" in front of the Jackson County Detention Center Annex;

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate pause in their deliberations to salute Jackson County Executive Katheryn Shields on receiving the 2001 Missouri Arts Award, express their appreciation for her outstanding contributions to furthering the cause of the arts in Kansas City and Jackson County and extend to Ms. Shields very best wishes for many long years of continued success, good health and happiness; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Katheryn Shields, Jackson County Park Department and Missouri Arts Council.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 486-By Yeckel.

An Act to repeal section 321.703, RSMo 2000, section 321.701 as enacted by senate substitute for senate committee substitute for house committee substitute for house bills nos. 452, 203, 377, 472, 473, 556 & 647, eighty-eighth general assembly, first regular session and section 321.701 as enacted by conference committee substitute for senate substitute no. 2 for house committee substitute for house bills nos. 484, 199 & 72, eighty-eighth general assembly, first regular session, relating to fire protection districts, and to enact in lieu thereof two new sections relating to the same subject.

SB 487-By Yeckel.

An Act to amend chapter 137, RSMo, by adding thereto one new section relating to assessment and levy of property taxes.

SB 488-By Klindt, Loudon, Russell, Foster, Steelman, Cauthorn and Rohrbach.

An Act to amend chapter 590, RSMo, by adding thereto nine new sections relating to the training and certification of uniformed officers of the department of corrections, with penalty provisions.

SB 489-By Bentley.

An Act to repeal sections 337.615, 337.618 and 337.622, RSMo 2000, relating to the licensure of baccalaureate social workers, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions.

SB 490-By Dougherty and Loudon.

An Act to repeal section 578.012, RSMo 2000, relating to animal abuse, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 491-By Rohrbach.

An Act to repeal section 198.280, RSMo 2000, relating to nursing home districts, and to enact in lieu thereof one new section relating to the same subject.

THIRD READING OF SENATE BILLS

SB 58, introduced by Senator Stoll, entitled:

An Act to amend chapter 9, RSMo, by adding thereto one new section relating to "Bird Appreciation Day".

Was called from the Consent Calendar and taken up.

On motion of Senator Stoll, SB 58 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Cauthorn Childers DePasco Dougherty
Foster Goode Gross House
Jacob Johnson Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Russell Scott Sims
Staples Steelman Stoll Wiggins
Yeckel--29
NAYS--Senators
Gibbons Rohrbach Singleton Westfall--4
Absent--Senators--None
Absent with leave--Senator Schneider--1

The President declared the bill passed.

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

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

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

Senator Rohrbach assumed the Chair.

SB 7, introduced by Senator Scott, entitled:

An Act to repeal section 71.794, RSMo 2000, relating to business districts, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Scott, SB 7 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Cauthorn Childers DePasco Dougherty
Foster Gibbons Goode Gross
House Jacob Johnson Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Schneider--1

The President declared the bill passed.

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

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

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

SB 207, introduced by Senator Klarich, entitled:

An Act to repeal section 334.128, RSMo 2000, relating to the state board of registration for the healing arts, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Klarich, SB 207 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Cauthorn Childers DePasco Dougherty
Foster Gibbons Goode Gross
House Jacob Johnson Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Schneider--1

The President declared the bill passed.

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

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

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

SB 256, introduced by Senator Caskey, entitled:

An Act to repeal sections 644.037, 644.572, 644.574 and 644.576, RSMo 2000, relating to political subdivisions, and to enact in lieu thereof five new sections, with an emergency clause.

Was taken up.

On motion of Senator Caskey, SB 256 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Cauthorn Childers DePasco Dougherty
Foster Gibbons Goode Gross
House Jacob Johnson Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Russell Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senator Rohrbach--1
Absent--Senators--None
Absent with leave--Senator Schneider--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Cauthorn Childers DePasco Dougherty
Foster Gibbons Goode Gross
House Jacob Johnson Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Schneider--1

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

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

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

SENATE BILLS FOR PERFECTION

Senator Westfall moved that SB 36, with SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 was again taken up.

Senator Westfall offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 36, Page 1, In the Title, Line 5, by inserting immediately after the word "provisions" the following: "and an effective date"; and

Further amend said bill, Page 15, Section 577.602, Line 39, by inserting after all of said line the following:

"Section B. The repeal and reenactment of sections 302.302, 302.309, 302.505, 302.510, 302.520, 302.541, 577.012, 577.023, 577.037, 577.600 and 577.602, shall become effective September 29, 2001.".

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

Senator Sims offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 36, Page 10, Section 577.012, Line 12, by inserting immediately after said line the following:

"577.021. A member of the state highway patrol, county or municipal law enforcement officer may, prior to arrest, administer a chemical test to any person suspected of operating a motor vehicle in violation of section 577.010 or 577.012. A test administered pursuant to this section shall be admissible as evidence of probable cause to arrest and as exculpatory evidence, but shall not be admissible as evidence of blood alcohol content. The provisions of section 577.020 shall not apply to a test administered prior to arrest pursuant to this section."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 36, Page 1, In the Title, Line 3, by striking the words "alcohol-related"; and

Further amend said bill, Page 9, Section 302.520, Line 28, by inserting after all of said line the following:

"302.535. 1. Any person aggrieved by a decision of the department may file a petition for trial de novo by the circuit court. The burden of proof shall be on the state to adduce the evidence. Such trial shall be conducted pursuant to the Missouri rules of civil procedure and not as an appeal of an administrative decision pursuant to chapter 536, RSMo. The petition shall be filed in the circuit court of the county where the arrest occurred.  The case shall be decided by the judge sitting without a jury. The presiding judge of the circuit court may assign a [traffic judge, pursuant to section 479.500, RSMo 1994, a] circuit judge or an associate circuit judge to hear such petition.

2. The filing of a petition for trial de novo shall not result in a stay of the suspension or revocation order. But upon the filing of such petition, a restricted driving privilege for the limited purpose of driving in connection with the petitioner's business, occupation, employment, or formal program of secondary, postsecondary or higher education shall be issued by the department if the person's driving record shows no prior alcohol related enforcement contact during the immediately preceding five years. Such limited driving privilege shall terminate on the date of the disposition of the petition for trial de novo.

3. In addition to the limited driving privilege as permitted in subsection 2 of this section, the department may upon the filing of a petition for trial de novo issue a restricted driving privilege for the limited purpose of driving in connection with the petitioner's business, occupation, employment, or formal program of secondary, postsecondary or higher education. In determining whether to issue such a restrictive driving privilege, the department shall consider the number and the seriousness of prior convictions and the entire driving record of the driver.

4. Such time of restricted driving privilege pending disposition of trial de novo shall be counted toward any time of restricted driving privilege imposed pursuant to section 302.525. Nothing in this subsection shall be construed to prevent a person from maintaining his restricted driving privilege for an additional sixty days in order to meet the conditions imposed by section 302.540 for reinstating a person's driver's license."; and

Further amend said bill, Page 10, Section 302.541, Line 18, by inserting after all of said line the following:

"479.500. 1. In the twenty-first judicial circuit, a majority of the circuit judges, en banc, may establish a traffic court, which shall be a division of the circuit court, and may authorize the appointment of not more than three municipal judges who shall be known as traffic judges. The traffic judges shall be appointed by a traffic court judicial commission consisting of the presiding judge of the circuit, who shall be the chair, one circuit judge elected by the circuit judges, one associate circuit judge elected by the associate circuit judges of the circuit, and two members appointed by the county executive of St. Louis County, each of whom shall represent one of the two political parties casting the highest number of votes at the next preceding gubernatorial election. The procedures and operations of the traffic court judicial commission shall be established by circuit court rule.

2. Traffic judges may be authorized to act as commissioners to hear in the first instance nonfelony violations of state law involving motor vehicles, and such other offenses as may be provided by circuit court rule. Traffic judges may also be authorized to hear in the first instance violations of county and municipal ordinances involving motor vehicles, and other county ordinance violations, as provided by circuit court rule.

3. In the event that a county municipal court is established pursuant to section 66.010, RSMo, which takes jurisdiction of county ordinance violations the circuit court may then authorize the appointment of no more than two traffic judges authorized to hear municipal ordinance violations other than county ordinance violations, and to act as commissioner to hear in the first instance nonfelony violations of state law involving motor vehicles, and such other offenses as may be provided by rule. [These traffic court judges also may be authorized to act as commissioners to hear in the first instance petitions to review decisions of the department of revenue or the director of revenue filed pursuant to sections 302.309, 302.311, 302.535 and 302.750, RSMo.]

4. In establishing a traffic court, the circuit may be divided into such sectors as may be established by a majority of the circuit and associate circuit judges, en banc.  The traffic court in each sector shall hear those cases arising within the territorial limits of the sector unless a case arising within another sector is transferred as provided by operating procedures.

5. Traffic judges shall be licensed to practice law in this state and shall serve at the pleasure of a majority of the circuit and associate circuit judges, en banc, and shall be residents of St. Louis County, and shall receive from the state as annual compensation an amount equal to one-third of the annual compensation of an associate circuit judge.  Each judge shall devote approximately one-third of his working time to the performance of his duties as a traffic judge.  Traffic judges shall not accept or handle cases in their practice of law which are inconsistent with their duties as a traffic judge and shall not be a judge or prosecutor for any other court.  Traffic judges shall not be considered state employees and shall not be members of the state employees' or judicial retirement system or be eligible to receive any other employment benefit accorded state employees or judges.

6. A majority of the judges, en banc, shall establish operating procedures for the traffic court which shall provide for regular sessions in the evenings after 6:00 p.m. and for Saturday or other sessions as efficient operation and convenience to the public may require.  Proceedings in the traffic court, except when a judge is acting as a commissioner pursuant to this section, shall be conducted as provided in supreme court rule 37.  The hearing shall be before a traffic judge without jury, and the judge shall assume an affirmative duty to determine the merits of the evidence presented and the defenses of the defendant and may question parties and witnesses.  No term of imprisonment or confinement may be assessed by a traffic judge.  In the event a jury trial is requested, the cause shall be certified to the circuit court for trial by jury as otherwise provided by law.  Clerks and computer personnel shall be assigned as needed for the efficient operation of the court.

7. In establishing operating procedure, provisions shall be made for appropriate circumstances whereby defendants may enter not guilty pleas and obtain trial dates by telephone or written communication without personal appearance, or to plead guilty and deliver by mail or electronic transfer or other approved method the specified amount of the fine and costs as otherwise provided by law, within a specified period of time.

8. Operating procedures shall be provided for electronic recording of proceedings, except that if adequate recording equipment is not provided at county expense, then, in that event, a person aggrieved by a judgment of a traffic judge or commissioner shall have the right of a trial de novo.  The procedures for perfecting the right of a trial de novo shall be the same as that provided under sections 512.180 to 512.320, RSMo, except that the provisions of subsection 2 of section 512.180, RSMo, shall not apply to such cases.

9. The circuit court shall only have the authority to appoint two commissioners with the jurisdiction provided in subsection 3 of this section.

10. All costs to establish and operate a county municipal court under section 66.010, RSMo, and this section shall be borne by such county."; and

Further amend the title and enacting clause accordingly.

Senator Klarich moved that the above amendment be adopted.

Senator Westfall raised the point of order that SA 3 is out of order as it goes beyond the scope and title of the bill.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

SA 3 was again taken up.

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

At the request of Senator Westfall, SB 36, with SCS (pending), was placed on the Informal Calendar.

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 adopted and third read HCR 13.

HOUSE CONCURRENT RESOLUTION NO. 13

WHEREAS, the current federal milk marketing order pricing system does not fully account for regional differences in the costs of producing milk and only establishes a minimum price for milk; and

WHEREAS, by design, the federal program relies on state regulation for an adjustment in fluid milk prices to account for regional differences; however, the courts have ruled that individual states do not have the authority to regulate milk prices under the Interstate Commerce Clause of the United States Constitution; and

WHEREAS, Congress may delegate its regulatory authority over interstate commerce to regional groupings of states through the mechanism of an interstate compact; and

WHEREAS, entering into dairy compacts is thus the means for states to obtain from Congress the regulatory authority over their region's interstate markets for milk; and

WHEREAS, the Southern Dairy Compact shall become effective when entered into by three of the designated states in the Compact and when the consent of Congress has been obtained; and

WHEREAS, at least three states of the required states having entered into the Southern Dairy Compact, leaving on the necessary consent of Congress to be obtained before the Compact shall become effective:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, First Regular Session, the Senate concurring therein, hereby urge the United States Congress to consent to the Southern Dairy Compact to allow the states that enter into the Compact to have regulatory authority over their region's interstate markets for milk; and

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

In which the concurrence of the Senate is respectfully requested.

REPORTS OF STANDING COMMITTEES

Senator Kenney, 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 were referred SB 12; SB 32; SCS for SBs 44 and 59; SB 128; and SS for SCS for SBs 46 and 47, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

REFERRALS

President Pro Tem Kinder referred SB 32 to the Committee on State Budget Control.

RESOLUTIONS

Senator Steelman offered Senate Resolution No. 199, regarding Michael and Vicki McDaniel, Fulton, which was adopted.

Senator Foster offered Senate Resolution No. 200, regarding Sheila Perry, Ed.D., Bloomfield, which was adopted.

Senator Russell offered Senate Resolution No. 201, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill England, Lebanon, which was adopted.

Senator Bentley offered Senate Resolution No. 202, regarding James Hutcheson, Springfield, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, the Physician of the Day, Dr. Wayne Morton, M.D., Osceola.

On behalf of Senator Jacob and himself, Senator House introduced to the Senate, Jesse Williams, E.M.T.P., Amber Hoffman, E.M.T., Gordon Larson, E.M.T.P., Carrie DuVall, E.M.T., Judy Heidlage, R.N., Delwyn Duncan, Eric McDonnell, Tracy Summerfield and Tim Hickman, Columbia.

Senator Staples introduced to the Senate, Mr. and Mrs. Lee, Fenton.

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



SENATE CALENDAR

______



TWENTY-SIXTH DAY-THURSDAY, FEBRUARY 15, 2001

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 460-Klarich

SB 461-Mathewson

SB 462-Westfall

SB 463-Westfall and

Childers

SB 464-Dougherty and Sims

SB 465-Dougherty, et al

SB 466-Dougherty

SB 467-House

SB 468-Kenney

SB 469-Gross, et al

SB 470-Goode, et al

SB 471-Scott

SB 472-Caskey

SB 473-Dougherty

SB 474-Rohrbach

SB 475-Yeckel



SB 476-Yeckel, et al

SB 477-Gross

SB 478-Stoll

SB 479-Stoll

SB 480-Foster, et al

SB 481-Foster and Johnson

SB 482-Foster and Scott

SB 483-Dougherty, et al

SB 484-Loudon

SB 485-Loudon

SB 486-Yeckel

SB 487-Yeckel

SB 488-Klindt, et al

SB 489-Bentley

SB 490-Dougherty and

Loudon

SB 491-Rohrbach



THIRD READING OF SENATE BILLS



SB 12-Russell

SB 32-Kinder

(In Budget Control)

SCS for SBs 44 & 59-Bentley



SB 128-Childers

SS for SCS for SBs 46

& 47-Bentley



SENATE BILLS FOR PERFECTION



1. SB 97-Bentley, with

SCA 1

2. SB 184-Johnson, et al

3. SBs 323 & 230-

Childers, et al,

with SCS

4. SB 226-Goode, et al,

with SCS

5. SB 220-Kinder and Gross

6. SBs 67 & 40-Gross,

with SCS



7. SB 65-Gibbons, with SCS

8. SB 317-Stoll, with SCS

9. SB 50-Childers

10. SBs 253 & 260-Gross,

with SCS



INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 14-Mathewson

SB 36-Westfall, et al,

with SCS (pending)

SBs 39 & 269-Klarich and

Goode, with SCS and

SA 1 (pending)



SBs 89 & 37-Kinder, with

SCS

SB 123-Kinder, with SA 1

(pending)



CONSENT CALENDAR



Senate Bills



Reported 2/5



SB 143-Childers





Reported 2/6



SBs 26 & 126-Johnson,

with SCS



Reported 2/12



SB 275-Sims

SB 185-Loudon

SB 224-Russell

SB 10-Caskey, with SCS

SB 136-Wiggins, with SCS

SB 216-Scott

SB 219-Mathewson

SB 258-Rohrbach and

Schneider

SB 304-Klarich

SB 252-Singleton

SB 274-Caskey

SB 301-Johnson, with SCS

Reported 2/13



SB 227-Jacob

SB 241-Rohrbach, with SCS

SB 203-Scott



SB 186-Klarich, with SCS

SB 382-Yeckel and Stoll,

with SCS

RESOLUTIONS



SR 58-Singleton



To be Referred



HCR 13-Shoemyer



Reported from Committee



SCR 3-Gross, et al

SCR 5-Klarich, with SCS

SCR 6-Stoll and Loudon



SCR 8-Caskey

SCR 10-Staples



Requests to Recede or Grant Conference



SS for SCR 2-Singleton,

with HCS

(Senate requests House

recede or grant conference)