Journal of the Senate

SECOND REGULAR SESSION


EIGHTEENTH DAY--THURSDAY, FEBRUARY 7, 2002


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"I declare that your steadfast love is established forever; your faithfulness is as firm as the heavens." (Psalm 89:2)

Gracious God, we bring another week to a close and pray that we have made good use of our time here. Those things we have done according to Your will, please bless O Lord. And we pray, watch over our "going out and coming in" and please bless those You have given us to love. 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 approved.

Photographers from 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 Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senators--None
Vacancies--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Sims offered Senate Resolution No. 1007, regarding Robert D. "Bob" Drummond, St. Louis, which was adopted.

Senator Foster offered Senate Resolution No. 1008, regarding Dorothy W. Buford, Doniphan, which was adopted.

INTRODUCTION OF BILLS

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

SB 1123-By Staples.

An Act to repeal sections 306.010, 306.016, 306.100, 306.112, 306.114, 306.116, 306.117, 306.119, 306.124, 306.125, 306.126, 306.140, 306.142 and 306.165, RSMo, relating to watercraft regulations, and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions and an emergency clause for a certain section.

SB 1124-By Dougherty.

An Act to authorize the governor to convey certain property in the city of St. Louis.

SB 1125-By Steelman.

An Act to amend chapter 354, RSMo, by adding thereto one new section relating to physician contractual relationships.

SB 1126-By Quick.

An Act to repeal section 71.285, RSMo, and to enact in lieu thereof one new section relating to removal of weeds.

SB 1127-By Johnson, Bentley, Bland, Childers, Wiggins, Caskey, Kinder, Staples, DePasco, Stoll, House, Westfall, Mathewson, Kennedy, Sims, Kenney, Steelman, Yeckel, Loudon, Cauthorn, Foster and Russell.

An Act to repeal section 620.467, RSMo, relating to tourism, and to enact in lieu thereof one new section relating to the same subject.

THIRD READING OF SENATE BILLS

SS No. 2 for SB 650, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 650

An Act to repeal section 556.036, RSMo, relating to sexual offenses, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions and an emergency clause.

Was taken up by Senator Singleton.

On motion of Senator Singleton, SS No. 2 for SB 650 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

Senator Singleton 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 Bentley moved that SB 668, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Foster moved that the vote by which SA 1 to SS for SB 668 was adopted be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Goode
House Jacob Johnson Mathewson
Quick Russell Sims Staples
Stoll Westfall--18
NAYS--Senators
DePasco Gibbons Gross Kennedy
Kenney Kinder Klarich Klindt
Loudon Rohrbach Schneider Singleton
Steelman Wiggins Yeckel--15
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1

SA 1 was again taken up.

Senator Bentley requested a roll call vote be taken on the adoption of SA 1 and was joined in her request by Senators Childers, Mathewson, Sims and Wiggins.

At the request of Senator Bentley, SB 668, with SS and SA 1 (pending), was placed on the Informal Calendar.

Senator Jacob inquired of the President if there were messages from the Governor and, being informed that there were, requested that the messages from the Governor be read.

The President instructed the Secretary to read the messages.

Senator Klarich raised the point of order that under the provisions of Senate Rule 4, the Senate is not on that order of business.

At the request of Senator Klarich, his point of order was withdrawn.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2002

TO THE SENATE OF THE 91st 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 9, 2002 for your advice and consent:

Solomon Agin, Republican, 14194 Parliament Drive, Chesterfield, St. Louis County, Missouri 63017, as a member of the Missouri Community Service Commission, for a term ending December 15, 2003, and until his successor is duly appointed and qualified; vice, Solomon Agin, withdrawn.

Charles W. Tyler, 4031 Botanical, St. Louis City, Missouri 63110, as a member of the Advisory Committee on Lead Poisoning, for a term ending April 15, 2003, and until his successor is duly appointed and qualified; vice, Charles W. Tyler, withdrawn.

Derek V. Alvarez, 8 Pine View Lane, Post Office Box 1097, Lake Ozark, Miller County, Missouri 65049, as a member of the Missouri Board of Therapeutic Massage, for a term ending June 17, 2005, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Valerie R. Taylor, Democrat, 2957 Franklin Avenue, St. Louis City, Missouri 63106, as a member of the State Board of Senior Services, for a term ending August 30, 2002, and until her successor is duly appointed and qualified; vice, RSMo. 660.062.

Mark Graviett, 9709 North Virginia Avenue, Kansas City, Clay County, Missouri 64155, as a member of the Advisory Committee on Lead Poisoning, for a term ending April 15, 2003, and until his successor is duly appointed and qualified; vice, Mark Graviett, withdrawn.

Joan L. Berkman, Republican, 180 North Brentwood Boulevard, Clayton, St. Louis County, Missouri 63105, as a member of the Missouri Community Service Commission, for a term ending December 15, 2001, and until her successor is duly appointed and qualified; vice, Joan L. Berkman, withdrawn.

Kathy A. Surratt-States, Democrat, 5012 Bischoff Avenue, St. Louis City, Missouri 63110, as a member of the Board of Election Commissioners for St. Louis City, for a term ending January 1, 2005, and until her successor is duly appointed and qualified; vice, Kathy A. Surratt-States, withdrawn.

Jerry T. Duvall, 803 Commercial, Belton, Cass County, Missouri 64012, as a member of the Kansas City Area Transportation Authority, for a term ending October 13, 2004, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Bobby J. Blue, Democrat, 606 East 127th Street, Kansas City, Jackson County, Missouri 64145, as a member of the Unmarked Human Burial Consultation Committee, for a term ending June 3, 2004, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

James E. O'Mara, Democrat, 214 Summit Ridge Place, St. Charles, St. Charles County, Missouri 63304, as a member of the Missouri Development Finance Board, for a term ending September 14, 2004, and until his successor is duly appointed and qualified; vice, Martin Harrington, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 2002

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 9, 2002 for your advice and consent:

Renee T. Slusher, Democrat, 312 Oakridge Court, Columbia, Boone County, Missouri 65203, as the Chairperson of the Labor and Industrial Relations Commission, for a term ending June 27, 2006, and until her successor is duly appointed and qualified; vice, John P. Madigan, Jr., resigned.

Respectfully submitted,

BOB HOLDEN

Governor

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 was referred SCR 35, 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 37, 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 40, 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 SCS for SBs 727 and 703, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

President Pro Tem Kinder assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and SCS for SBs 727 and 703, and HCS for HBs 1386 and 1038, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

BILLS DELIVERED TO THE GOVERNOR

SCS for SBs 727 and 703, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

Senator Gross assumed the Chair.

REPORTS OF STANDING COMMITTEES

On behalf of Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, Senator Kenney submitted the following reports:

Mr. President: Your Committee on Guber-natorial 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:

Paula Penny Stringer, Theodore Wenzlick, Lai Lily Ko and Lynn R. Mims, as members of the Missouri Community Service Commission;

Also,

William M. Fry, Diliane M. Charles and Daniel L. Vornberg, as members of the Advisory Committee on Lead Poisoning;

Also,

Lewis C. Chartock, Ph.D., as a member of the Missouri Training and Employment Council;

Also,

Jeffrey A. Kerr, D.O., Marie S. Nowak, Mary E. Updyke, R.D. and James M. Caccamo, Ph.D., as members of the State Board of Senior Services;

Also,

James M. Giles, as a member of the State Historical Records Advisory Board;

Also,

Deborah K. Waller, as a member of the State Board of Cosmetology;

Also,

Randy Mooney, as a member of the State Milk Board;

Also,

Bernadette A. Miller, as a member of the Missouri Veterans' Commission;

Also,

Jean-Paul Chaurand, as a member of the Missouri Minority Business Advocacy Commission;

Also,

Melinda Dolan Sanders, as a member of the Missouri Planning Council on Developmental Disabilities;

Also,

Jacquelyn D. White, as Commissioner of the Office of Administration;

Also,

Gayle J. Fritz, as a member of the Unmarked Human Burial Consultation Committee;

Also,

Nicola Longford, as a member of the State Historical Records Advisory Board;

Also,

John R. Chapman, as a member of the Workers' Compensation Determination Review Board;

Also,

Dorn B. Schuffman, as Director of the Department of Mental Health;

Also,

James R. Ritter, Ed.D., as a member of the Missouri Training and Employment Council;

Also,

Alma G. McKinney, as Director of the Division of Personnel for the Office of Administration;

Also,

Judith H. Miles, M.D., as a member of the Missouri Genetic Advisory Committee;

Also,

Arthur A. Bante, as a member of the Missouri State Board of Nursing;

Also,

John A. Birch, as Chairman of the State Board of Mediation;

Also,

Andrea J. Lawrence, as a member of the Missouri Real Estate 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.

President Maxwell assumed the Chair.

President Pro Tem Kinder moved that the appointments of Solomon Agin, as a member of the Missouri Community Service Commission; Charles W. Tyler and Mark Graviett, as members of the Advisory Committee on Lead Poisoning; Derek V. Alvarez, as a member of the Missouri Board of Therapeutic Massage; Valerie R. Taylor, as a member of the State Board of Senior Services; Joan L. Berkman, as a member of the Missouri Community Service Commission; Kathy A. Surratt-States, as a member of the Board of Election Commissioners for St. Louis City; Jerry T. Duvall, as a member of the Kansas City Area Transportation Authority; Bobby J. Blue, as a member of the Unmarked Human Burial Consultation Committee; and James E. O'Mara, as a member of the Missouri Development Finance Board, be returned to the Governor, pursuant to his request, which motion prevailed.

Senator Mathewson moved that the appointment of Renee T. Slusher, as the Chairperson of the Labor and Industrial Relations Commission be returned to the Governor, per his request.

Senator Kenney moved that the motion made by Senator Mathewson lay on the table.

Senator Jacob rose to be recognized to speak on the motion to lay on the table.

Senator Kenney raised the point of order that under the provisions of Senate Rule 72, a motion to lay on the table is not debatable.

The point of order was referred to the President Pro Tem, who took it under advisement.

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 HB 1154, entitled:

An Act to repeal section 211.011, RSMo, and to enact in lieu thereof one new section relating to the purpose of chapter 211, RSMo.

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 adopted and third read HCR 7.

HOUSE CONCURRENT RESOLUTION NO. 7

WHEREAS, the horrific terrorist attacks of September 11, 2001, and the subsequent anthrax outbreak have had a profound affect on federal and state governments and constituencies; and

WHEREAS, the General Assembly of the State of Missouri is aware that most public health departments do not have the financial resources to respond to an event of the magnitude of this disaster; and

WHEREAS, many state budgets are in a deficit situation, with cuts occurring in public health; and

WHEREAS, the General Assembly of the State of Missouri recognizes that the communication and coordination between federal, state, and local health departments and governments must be improved to provide preparation, response, and continuum of care when handling an emergency situation:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, hereby request the United States Congress and the Department of Health and Human Services to provide financial support for each state, particularly at the local health district level which would likely be the line of first response in the event of an act of bioterrorism; 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 Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, and the Secretary of the Department of Health and Human Services.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1519, entitled:

An Act to amend chapter 9, RSMo, by adding thereto one new section relating to the designation of patriots day.

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 HB 1192, entitled:

An Act to repeal section 349.010, RSMo, and to enact in lieu thereof one new section relating to industrial development corporations.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.



INTRODUCTIONS OF GUESTS

Senator Steelman introduced to the Senate, Bud Dean, Rolla.

Senator Westfall introduced to the Senate, Larry Bock, Jackson.

Senator Foster introduced to the Senate, Dunklin County Commissioners Patrick McHaney and Don Collins, Kennett; and Jeanie Herbst, Malden.

Senator Staples introduced to the Senate, Commissioners Dennis (Toupie) Huck, St. Genevieve County; Ron Murphy and Reggie Burns, Iron County; Shane Van Steenis and Dean Cox, Shannon County; Leo Warren, Oregon County; Robert Mooney, Madison County; and Jesse Roy and Jerry Halley, Ripley County.

Senator Rohrbach introduced to the Senate, his nephew, Tony Barry and Kim Roll, Moniteau County Commissioners.

Senator Steelman introduced to the Senate, Joe Whetstine, Linda Garrett and Raymond Garrett, Texas County.

Senator Cauthorn introduced to the Senate, Macon County Commissioners Craig Jones, Ronnie Switzer and Drew Belt.

Senator Foster introduced to the Senate, Robby Myers, Poplar Bluff.

Senator Rohrbach introduced to the Senate, Miller County Commissioners John Klindt and Dave Whittle.

Senator Kinder introduced to the Senate, former U.S. Representative Frank Riggs, Sonoma, California; and Tom Frey and Mark Spencer, Phoenix, Arizona.

Senator Childers introduced to the Senate, County Commissioners from Christian, Lawrence, Ozark, Taney, Barry and Stone counties.

Senator Jacob introduced to the Senate, Don Stamper, Columbia.

Senator Johnson introduced to the Senate, Andrew County Commissioners and their wives.

Senator Loudon introduced to the Senate, Jean Denatale, Robin Porzelt, Wendy Van Dyke and Helen Fields, and students from Bridgeway School, Bridgeton; and Shelby Kardell, David LaBeaume, Tamara Hart and Dillon Dedert were made honorary pages.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Ted Groshong, M.D., Columbia.

Senator Singleton introduced to the Senate, Roy Carter, Mrs. Jackson, Mrs. Graham and 50 fourth grade students from Benton Elementary School.

Senator Dougherty introduced to the Senate, Senator-elect Maida Coleman, St. Louis.

On motion of Senator Kenney, the Senate adjourned until 4:00 p.m., Monday, February 11, 2002.

SENATE CALENDAR

______



NINETEENTH DAY-MONDAY, FEBRUARY 11, 2002

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 1079-Bland

SB 1081-Bland

SB 1083-Russell

SB 1084-Stoll

SB 1085-Yeckel and Childers

SB 1086-DePasco

SB 1087-Gibbons, et al

SB 1088-Foster, et al

SB 1089-Goode

SB 1090-Loudon

SB 1091-Loudon

SB 1092-Loudon

SB 1093-Loudon

SB 1094-Russell

SB 1095-Cauthorn

SB 1096-Kennedy

SB 1097-Kennedy and Stoll

SB 1098-Steelman

SB 1099-Childers

SB 1100-Childers, et al

SB 1101-Kenney, et al

SB 1102-Westfall

SB 1103-Westfall, et al

SB 1104-Mathewson

SB 1105-Loudon

SB 1106-Klarich

SB 1107-Childers

SB 1108-Kennedy

SB 1109-Yeckel

SB 1110-Steelman

SB 1111-Quick

SB 1112-Caskey and Russell

SB 1113-Caskey

SB 1114-Singleton

SB 1115-Dougherty

SB 1116-Dougherty

SB 1117-Dougherty

SB 1118-Loudon

SB 1119-Johnson

SB 1120-Yeckel

SB 1121-Yeckel

SB 1122-Foster, et al

SB 1123-Staples



SB 1124-Dougherty

SB 1125-Steelman

SB 1126-Quick

SB 1127-Johnson, et al

SJR 33-Loudon



HOUSE BILLS ON SECOND READING



HB 1338-Relford, et al

HS for HB 1399-Ransdall

HCS for HB 1154



HB 1519-Boucher

HB 1192-Harding and

Boucher



SENATE BILLS FOR PERFECTION



1. SB 712-Singleton and

Sims, with SCS

2. SB 1009-Rohrbach,

with SCS

3. SBs 970, 968, 921, 867,

868 & 738-Westfall,

et al, with SCS

4. SB 931-Klarich, with SCS

5. SB 722-Bentley, with SCS

6. SB 856-Russell

7. SB 895-Yeckel and Gross

8. SB 675-Yeckel, et al,

with SCS



9. SB 881-Steelman and

Yeckel, with SCS

10. SBs 641 & 705-Russell,

et al, with SCS

11. SBs 721, 757, 818 &

930-Westfall, with SCS

12. SB 665-Kenney

13. SB 836-Gross and

Dougherty, with SCS

14. SB 840-Gross and

Russell, with SCS

15. SB 740-Wiggins

16. SB 687-Gibbons and Yeckel

INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 651-Singleton and

Russell, with SCS (pending)

SB 659-House and Kenney,

with SS (pending)

SB 660-Westfall, et al,

with SCS (pending)

SBs 662 & 704-Westfall,

with SCS & SA 3 (pending)

SB 668-Bentley, with SS &

SA 1 (pending)

SBs 958 & 657-Kinder,

with SCS



SJR 23-Singleton, with SS,

SA 1 & SSA 1 for SA 1

(pending)



CONSENT CALENDAR



Senate Bills



Reported 1/28



SB 758-Bentley

SB 720-Westfall

SB 644-Mathewson and Yeckel

SB 701-Wiggins

SB 737-Cauthorn and Russell, with SCS



SB 745-Russell, with SCS

SB 669-Bentley, with SCS

SB 726-Childers

SB 896-Yeckel



Reported 1/29



SB 702-Caskey

SB 695-Dougherty and Sims



SB 776-House, with SCS



Reported 1/30



SB 749-Goode



Reported 1/31



SB 813-Mathewson



Reported 2/4



SB 656-Rohrbach, with SCS

SB 893-Rohrbach

SB 804-DePasco, with SCS

SB 645-Mathewson, with SCS

SB 891-Kenney

SB 798-Westfall

SB 865-Foster and Kinder

SB 639-Caskey

SB 932-Klarich



SB 742-Caskey, with SCA 1

SB 860-Rohrbach

Reported 2/5



SB 708-Mathewson



SB 995-Rohrbach



RESOLUTIONS



To be Referred



HCR 7-Boykins and Barry



Reported from Committee



SCR 38-Klarich

SCR 35-Stoll



SCR 37-Dougherty

SCR 40-Sims