Journal of the Senate

FIRST REGULAR SESSION

TWENTY-EIGHTH DAY--WEDNESDAY, FEBRUARY 26, 2003

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Let us have faith that right makes might, and in that faith let us to the end dare to do our duty as we understand it." (Abraham Lincoln, 1860)

Gracious God, we see the gathering clouds of war and we pray for peace, but should we engage in battle we pray for strength to be faithful and to that which is right, being mindful of Your call for mercy and compassion to those who are in need. 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 Jefferson City News Tribune were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Nodler offered Senate Resolution No. 227, regarding Caryl MacMorran, Carthage, which was adopted.

Senator Loudon offered Senate Resolution No. 228, regarding Flexway Trucking, Incorporated, Hazelwood, which was adopted.

Senator Cauthorn offered Senate Resolution No. 229, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. William E. Ford, Vandalia, which was adopted.

Senator Cauthorn offered Senate Resolution No. 230, regarding Steve Ayers, Hannibal, which was adopted.

Senator Cauthorn offered Senate Resolution No. 231, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bud Noe, Kirksville, which was adopted.

Senator Nodler offered Senate Resolution No. 232, regarding Claude Blakeley, Neosho, which was adopted.

Senator Vogel offered Senate Resolution No. 233, regarding National TRIO Day, which was adopted.

Senators Days and Goode offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 234

WHEREAS, it is with tremendous pleasure that the members of the Missouri Senate pause in their diverse legislative duties in order to acknowledge a milestone event in the life of longtime area resident, Joe Lonero, of the North County community of Ferguson; and

WHEREAS, Joe Lonero enjoys selection as the first-ever Citizen of the Year by the North County Chamber of Commerce, an award of which he is exceptionally deserving because of his lifetime of unselfish assistance to his neighbors and fellow business persons; and

WHEREAS, dedicated to enlivening the old Ferguson business district, Joe Lonero and his beloved wife, Sue, now own three local businesses, including Lonero Auto Body, the Corner Coffee House, and Vincenzo's Ristorante; and

WHEREAS, originally dilapidated buildings along Florissant Road, the revitalized Corner Coffee House is now operated by Joe Lonero's brother, Tony, while Vincenzo's Ristorante is managed by his youngest son, Mike; and

WHEREAS, the trolley running along Florissant Road with stops at various restaurants and shops was Joe Lonero's idea, as was encouraging Bud and Dorothy Seiter to publish the Ferguson Times; and

WHEREAS, Joe Lonero was the motivating factor behind the construction of the area's gazebo, laying of a brick walk, engineering of a new versa lock wall in front of the Victoria Plaza fountain, and retrieval of the town clock in time for the July 4, 2001, Independence Day celebrations; and

WHEREAS, Joe Lonero has also attained distinction as a McCluer Key Club leader and as a member of Kiwanis, FSBA, FSBD, and Saints John and James Church; and

WHEREAS, Joe Lonero will be presented with his Citizen of the Year award on February 27, 2003, at a special, open-to-the-public event at Norwood Hills Country Club:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-second General Assembly, join unanimously to applaud the well-deserved selection of Joe Lonero as the inaugural Citizen of the Year by the North County Chamber of Commerce and to convey to him this legislative body's heartiest congratulations and best wishes for continued personal and professional success for many more years to come; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Joe Lonero of Ferguson, Missouri.

Senator Days, joined by the entire membership of the Senate, offered Senate Resolution No. 235, regarding Senator Mary Groves Bland, which was adopted.

Senator Foster offered Senate Resolution No. 236, regarding Dr. Michael P. Toney, Piedmont, which was adopted.

CONCURRENT RESOLUTIONS

Senators Shields and Gibbons offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 9

WHEREAS, the use of prescription drugs improves the quality of care and helps patients live healthier, longer, and more productive lives while keeping them out of more costly acute care settings in the long term; and

WHEREAS, the increased use of new and improved prescription drugs has changed the delivery of health care in the United States since Medicare was enacted, and while two-thirds of the Medicare population has some form of prescription drug coverage, although many times inadequate, one-third of Medicare beneficiaries have no coverage at all; and

WHEREAS, Congress did not enact a drug benefit in the Medicare program, therefore the program is inadequate in providing the elderly and disabled the most appropriate drug therapies, preventing the delivery of quality health care at an affordable cost; and

WHEREAS, the private sector provides affordable coverage by negotiating discounts on drugs and meeting the needs of special populations with chronic diseases and those with co-morbidities through coordinating care with disease management, drug utilization review, and patient education programs, all of which aid in ameliorating medical errors; and

WHEREAS, comprehensive reform of the Medicare program would utilize the successful tools of the private sector in coordinating care for this population and use the marketplace to foster competition among private plans, resulting in more choices of quality coverage for seniors and the disabled while maintaining the financial sustainability of the program; and

WHEREAS, the failure of Congress to provide for comprehensive reform of Medicare and the encouraging of states to use their own resources to ease the burden of the elderly and disabled Medicare populations, in effect, result in an unfunded informal mandate on the states; and

WHEREAS, in implementing state programs to assist the Medicare population, state budgetary constraints can often result in requirements to restrict and limit patient access to needed prescription drugs, and the enactment of anti-competitive price controls:

NOW, THEREFORE, BE IT RESOLVED that the members of the Ninety-second General Assembly, First Regular Session, the House of Representatives concurring therein, hereby request that the United States Congress enact financially sustainable, voluntary, universal, and privately administered out-patient prescription drug coverage as part of the federal Medicare program; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for each member of the Missouri Congressional Delegation.

Senator Bartle offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 10

BE IT RESOLVED by the Senate of the Ninety-second General Assembly, the House of Representatives concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Ninety-second General Assembly, First Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that she has compared the same with the original rolls in her office and has corrected the same thereby; and

BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and

BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Ninety-second General Assembly, First Regular Session, with appropriate indexing; and

BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.

Senator Bartle requested unanimous consent of the Senate that the rules be suspended and that SCR 10 be taken up, which request was granted.

Senator Bartle moved that SCR 10 be adopted, which motion prevailed by the following vote:

Senator Steelman offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 11

Relating to the creation of the comprehensive patient education and health care cost improvement pilot project.

WHEREAS, in order to continue to provide improved services to patients in this state, improving patient information regarding elective surgical procedures and their risks and complications is needed; and

WHEREAS, the lack of information regarding surgery, surgical risks, and post surgical complications contributes to patient dissatisfaction, over-utilization of the health care system, malpractice claims, and the rising cost of healthcare; and

WHEREAS, the Department of Health and Senior Services, in conjunction with the Department of Insurance and the University of Missouri-Kansas City Hospitals and Clinics, shall establish the "Comprehensive Patient Education and Healthcare Cost Improvement Pilot Program" which will develop and incorporate effective patient education programs into the preoperative consultation and informed consent process; and

WHEREAS, the Comprehensive Patient Education and Healthcare Cost Improvement Pilot Program shall be implemented no later than six months after funding for the pilot program is made available, and shall have a duration of three years; and

WHEREAS, the Comprehensive Patient Education and Healthcare Cost Improvement Pilot Program shall, prior to the patient consenting to elective surgery:

(1) Use an educational system that visually explains to the patient in simple terms the entire surgical procedure;

(2) Fully discloses to the patient in simple terms all known complications and their frequencies based on accepted medical literature;

(3) Allows the patient access to the education outside the surgeon's office;

(4) Fully documents the patient education process; and

(5) Collects outcome data after surgery; and

WHEREAS, the Department of Health and Senior Services shall monitor the pilot program and report to the Director of the Department of Insurance and the General Assembly on the effectiveness of such program by the second week of the regular session of the General Assembly in the next session following completion of the Pilot Program; and

WHEREAS, the report shall include an analysis of the advantages and disadvantages of the patient education process, including but not limited to:

(1) The effect of the Pilot Program on the reduction of medical malpractice claims;

(2) Patient satisfaction concerning the education process;

(3) Doctors' feedback concerning the Pilot Program;

(4) Total number of surgical procedures performed;

(5) A comparison of Medicaid dollars spent on relevant surgical procedures versus the previous year and projected year; and

(6) Suggestions for improving the educational system or its implementation, if any:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, First Regular Session, the House of Representatives concurring therein, hereby direct the Department of Health and Senior Services to create the "Comprehensive Patient Education and Healthcare Cost Improvement Pilot Program"; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to send this resolution to the Governor for his approval or rejection pursuant to the Missouri Constitution.

Read 1st time.

INTRODUCTION OF BILLS

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

SB 586-By Stoll.

An Act to amend chapter 167, RSMo, by adding thereto one new section relating to effective involvement by parents and families in support of their children's education.

SB 587-By Stoll.

An Act to repeal section 104.1045, RSMo, and to enact in lieu thereof two new sections relating to public retirement systems.

SB 588-By Stoll.

An Act to amend chapter 104, RSMo, by adding thereto one new section relating to public retirement systems.

SB 589-By Shields.

An Act to repeal sections 331.010, 331.030, and 331.050, RSMo, and to enact in lieu thereof four new sections relating to licensing of chiropractors.

SB 590-By Shields.

An Act to repeal section 67.990, RSMo, and to enact in lieu thereof one new section relating to tax levy for services to the elderly.

SB 591-By Shields.

An Act to repeal section 483.015, RSMo, and to enact in lieu thereof one new section relating to appointment of certain circuit clerks.

SB 592-By Foster.

An Act to repeal section 488.429, RSMo, and to enact in lieu thereof one new section relating to law library funds.

SB 593-By Foster and Loudon.

An Act to repeal section 210.145, RSMo, and to enact in lieu thereof one new section relating to hotline calls for foster care, with penalty provisions.

SB 594-By Bray.

An Act to amend chapter 304, RSMo, by adding thereto one new section relating to operation of low-speed vehicles on public highways.

SB 595-By Steelman and Wheeler.

An Act to amend chapter 191, RSMo, by adding thereto one new section relating to the comprehensive patient education and healthcare cost improvement pilot program.

SB 596-By Childers.

An Act to amend chapter 135, RSMo, by adding thereto two new sections relating to a new or expanded business tax credit.

SB 597-By Childers.

An Act to repeal sections 320.094, 321.300, 321.301, and 321.302, RSMo, and to enact in lieu thereof four new sections relating to boundaries of ambulance and fire protection districts.

SB 598-By Childers.

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the creation of the Corporal Bobbie J. Harper Memorial Highway.

SB 599-By Childers and Gibbons.

An Act to repeal sections 32.100, 32.105, 32.110, 32.115, 32.117, 32.120, 100.105, 100.710, 100.840, 100.850, 135.220, 135.225, 135.230, 135.235, 135.240, 135.245, 135.247, 135.250, 135.258, 135.313, 135.350, 135.352, 135.355, 135.361, 135.362, 135.363, 135.460, 135.545, 135.750, 253.550, 348.256, 348.261, 620.017, 620.1039, 620.1100, 620.1103, 620.1400, 620.1410, 620.1420, 620.1430, 620.1440, 620.1450, 620.1460, 620.1560, section 32.125 as enacted by house substitute for senate bill no. 374, eighty-eighth general assembly, first regular session, section 135.200 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, section 135.200 as enacted by conference committee substitute for house committee substitute for senate bill no. 1, eighty-ninth general assembly, second extraordinary session, section 135.200, as enacted by senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no 1656, eighty-ninth general assembly, second regular session, section 135.535 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701 of the ninetieth general assembly, first regular session, and section 135.535 as enacted by conference committee substitute no. 2 for house substitute for house committee substitute for senate bill no. 20 of the ninetieth general assembly, first regular session, RSMo, and to enact in lieu thereof forty-two new sections relating to reform of incentive programs in the department of economic development, with effective dates for certain sections.

SB 600-By Jacob.

An Act to repeal sections 317.001, 317.006, 317.011, 317.012, and 317.014, RSMo, and to enact in lieu thereof five new sections relating to ultimate and combative fighting.

SB 601-By Griesheimer and Cauthorn.

An Act to repeal sections 104.374 and 104.610, RSMo, and to enact in lieu thereof two new sections relating to retirement benefits for certain state employees.

SB 602-By Cauthorn.

An Act to repeal section 144.030, RSMo, and to enact in lieu thereof one new section relating to taxation on natural gas used in the production of ethanol.

SB 603-By Kennedy and Nodler.

An Act to amend chapter 337, RSMo, by adding thereto eleven new sections relating to the regulation and licensing of professional addiction counselors, with penalty provisions.

SB 604-By Vogel.

An Act to repeal section 50.343, RSMo, and to enact in lieu thereof one new section relating to compensation for certain county treasurers.

SB 605-By Vogel.

An Act to repeal section 494.425, RSMo, and to enact in lieu thereof one new section relating to disqualification from jury service.

SB 606-By Coleman.

An Act to amend chapter 253, RSMo, by adding thereto one new section relating to conveyances of land by the department of natural resources.

SB 607-By Loudon.

An Act to repeal section 288.060, RSMo, and to enact in lieu thereof one new section relating to employment.

SB 608-By Dougherty and Coleman.

An Act to repeal section 701.308, RSMo, relating to lead abatement, and to enact in lieu thereof one new section relating to the same subject.

SB 609-By Scott.

An Act to repeal sections 210.025, 210.110, 210.145, 210.152, 210.183, 210.254, 210.903, 210.909, 211.031, 211.059, 453.110, and 475.024, RSMo, and to enact in lieu thereof twelve new sections relating to protection of children, with penalty provisions.

THIRD READING OF SENATE BILLS

SB 7, with SCS, introduced by Senator Mathewson, entitled:

An Act to authorize the governor to convey a tract of land owned by the state in the county of Pettis to the E.W. Thompson State School.

Was called from the Consent Calendar and taken up.

SCS for SB 7, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 7

An Act to authorize the governor to convey a tract of land owned by the state in the county of Pettis.

Was taken up.

Senator Mathewson moved that SCS for SB 7 be adopted, which motion prevailed.

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

The President declared the bill passed.

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

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

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

SB 239, with SCS, introduced by Senators Mathewson and Scott, entitled:

An Act to authorize the governor to convey a tract of land owned by the state in the county of Pettis to the Sedalia School District Foundation.

Was called from the Consent Calendar and taken up by Senator Mathewson.

SCS for SB 239, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 239

An Act to authorize the governor to convey a tract of land owned by the state in the county of Pettis.

Was taken up.

Senator Mathewson moved that SCS for SB 239 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for SB 239 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 301, introduced by Senator Bray, entitled:

An Act to repeal section 249.422, RSMo, and to enact in lieu thereof one new section relating to fees imposed to repair lateral sewer service lines.

Was called from the Consent Calendar and taken up.

On motion of Senator Bray, SB 301 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Senator Steelman assumed the Chair.

SENATE BILLS FOR PERFECTION

Senator Shields moved that SB 265, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 265, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 265

An Act to repeal sections 161.092 and 168.021, RSMo, and to enact in lieu thereof two new sections relating to certificates of license to teach.

Was taken up.

Senator Shields moved that SCS for SB 265 be adopted.

Senator Shields offered SS for SCS for SB 265, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 265

An Act to repeal sections 161.092 and 168.021, RSMo, and to enact in lieu thereof two new sections relating to certificates of license to teach.

Senator Shields moved that SS for SCS for SB 265 be adopted.

Senator Shields offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 265, Page 5, Section 168.021, Line 28, by deleting the words "on August 28, 2003" on said line and replacing with the words "upon expiration of current certificate".

Senator Shields moved that the above amendment be adopted.

Senator Caskey offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 265, Page 5, Section 168.021, Lines 18-20 of said page, by striking all of the underlined language from said lines; and further amend lines 26-29 of said page, by striking all of said lines and inserting in lieu thereof the following: "certificate shall be issued the appropriate level of certificate based upon the classification system established pursuant to subsection 3 of this section."; and

Further amend said bill and section, page 6, line 21 of said page, by striking the word "two"; and further amend line 23, by inserting immediately after the word "certificate" the following: ", a renewable professional certificate"; and

Further amend said bill and section, page 7, line 8 of said page, by inserting immediately after the word "program" the following: "provided by the school district which shall include annual, performance-based teacher evaluations and participation in a teacher professional development plan"; and further amend line 9 of said page, by striking the opening bracket "["; and further amend said line, by inserting immediately before the word "or" an opening bracket "["; and further amend said line, by inserting immediately after the word "levels" the following: "] level"; and further amend line 11 of said page, by inserting immediately after the word "education" the following: ". The state board of education shall require holders of the four-year, renewable professional certificate to:

(a) Complete at least sixty contact hours of professional development during the renewal period, which may include hours spent in class in an appropriate college curriculum;

(b) Participate in a teacher professional development plan administered by the district; and

(c) Complete four years of teaching under the renewable certificate"; and further amend line 12 of said page, by striking the closing bracket "]"; and further amend line 13 of said page, by striking the opening bracket "["; and further amend line 14 of said page, by striking "its equivalent and ten" and inserting in lieu thereof the following: "national board certification or an equivalent certification recognized by the state board of education."; and further amend said lines 15-19 of said page, by striking all of said lines and inserting in lieu thereof the following: "The career"; and further amend line 22 of said page, by striking the opening bracket "[" and the closing bracket "]" from said line; and further amend lines 22-28 of said page, by striking all of the underlined languages from said lines; and

Further amend said bill and section, page 8, lines 1-5 of said page, by striking all of said lines and inserting in lieu thereof the following: "In order to".

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

Senator Kennedy offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 265, Page 9, Section 168.021, Line 14 of said page, by inserting after all of said line the following:

"168.071. 1. The state board of education may refuse to issue or renew a certificate, or may, upon hearing, discipline the holder of a certificate of license to teach for the following causes:

(1) A certificate holder or applicant for a certificate has pleaded to or been found guilty of a felony or crime involving moral turpitude under the laws of this state, any other state, of the United States, or any other country, whether or not sentence is imposed;

(2) The certification was obtained through use of fraud, deception, misrepresentation or bribery;

(3) There is evidence of incompetence, immorality, or neglect of duty by the certificate holder;

(4) A certificate holder has been subject to disciplinary action relating to certification issued by another state, territory, federal agency, or country upon grounds for which discipline is authorized in this section; or

(5) If charges are filed by the local board of education, based upon the annulling of a written contract with the local board of education, for reasons other than election to the general assembly, without the consent of the majority of the members of the board that is a party to the contract.

2. A public school district may file charges seeking the discipline of a holder of a certificate of license to teach based upon any cause or combination of causes outlined in subsection 1 of this section, including annulment of a written contract. Charges shall be in writing, specify the basis for the charges, and be signed by the chief administrative officer of the district, or by the president of the board of education as authorized by a majority of the board of education. The board of education may also petition the office of the attorney general to file charges on behalf of the school district for any cause other than annulment of contract, with acceptance of the petition at the discretion of the attorney general.

3. The department of elementary and secondary education may file charges seeking the discipline of a holder of a certificate of license to teach based upon any cause or combination of causes outlined in subsection 1 of this section, other than annulment of contract. Charges shall be in writing, specify the basis for the charges, and be signed by legal counsel representing the department of elementary and secondary education.

4. If the underlying conduct or actions which are the basis for charges filed pursuant to this section are also the subject of a pending criminal charge against the person holding such certificate, the certificate holder may request, in writing, a delayed hearing on advice of counsel under the fifth amendment of the Constitution of the United States. Based upon such a request, no hearing shall be held until after a trial has been completed on this criminal charge.

5. The certificate holder shall be given not less than thirty days' notice of any hearing held pursuant to this section.

6. Other provisions of this section notwithstanding, the certificate of license to teach shall be revoked or, in the case of an applicant, a certificate shall not be issued, if the certificate holder or applicant has pleaded guilty to or been found guilty of any of the following offenses established pursuant to Missouri law or offenses of a similar nature established under the laws of any other state or of the United States, or any other country, whether or not the sentence is imposed:

(1) Any dangerous felony as defined in section 556.061, RSMo, or murder in the first degree;

(2) Any of the following sexual offenses: rape; statutory rape in the first degree; statutory rape in the second degree; sexual assault; forcible sodomy; statutory sodomy in the first degree; statutory sodomy in the second degree; child molestation in the first degree; child molestation in the second degree; deviate sexual assault; sexual misconduct involving a child; sexual misconduct in the first degree; [or] sexual abuse; enticement of a child; or attempting to entice a child;

(3) Any of the following offenses against the family and related offenses: incest; abandonment of child in the first degree; abandonment of child in the second degree; endangering the welfare of a child in the first degree; abuse of a child; child used in a sexual performance; promoting sexual performance by a child; or trafficking in children; and

(4) Any of the following offenses involving child pornography and related offenses: promoting obscenity in the first degree; promoting obscenity in the second degree when the penalty is enhanced to a class D felony; promoting child pornography in the first degree; promoting child pornography in the second degree; possession of child pornography in the first degree; possession of child pornography in the second degree; furnishing child pornography to a minor; furnishing pornographic materials to minors; or coercing acceptance of obscene material.

7. The certificate holder whose certificate was revoked pursuant to subsection 6 of this section may appeal such revocation to the state board of education. Notice of this appeal must be received by the commissioner of education within ninety days of notice of revocation pursuant to this subsection. Failure of the certificate holder to notify the commissioner of the intent to appeal waives all rights to appeal the revocation. Upon notice of the certificate holder's intent to appeal, an appeal hearing shall be held by a hearing officer designated by the commissioner of education, with the final decision made by the state board of education, based upon the record of that hearing. The certificate holder shall be given not less than thirty days' notice of the hearing, and an opportunity to be heard by the hearing officer, together with witnesses.

8. In the case of any certificate holder who has surrendered or failed to renew his or her certificate of license to teach, the state board of education may refuse to issue or renew, or may suspend or revoke, such certificate for any of the reasons contained in this section.

9. In those cases where the charges filed pursuant to this section are based upon an allegation of misconduct involving a minor child, the hearing officer may accept into the record the sworn testimony of the minor child relating to the misconduct received in any court or administrative hearing.

10. Hearings, appeals or other matters involving certificate holders, licensees or applicants pursuant to this section may be informally resolved by consent agreement or agreed settlement or voluntary surrender of the certificate of license pursuant to the rules promulgated by the state board of education.

11. The final decision of the state board of education is subject to judicial review pursuant to sections 536.100 to 536.140, RSMo.

12. A certificate of license to teach to an individual who has been convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed, shall be issued only upon motion of the state board of education adopted by a unanimous affirmative vote of those members present and voting."; and

Further amend the title and enacting clause accordingly.

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

Senator Shields moved that SS for SCS for SB 265, as amended, be adopted, which motion prevailed.

On motion of Senator Shields, SS for SCS for SB 265, as amended, was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS for SB 13, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

SECOND READING OF

CONCURRENT RESOLUTIONS

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

SCR 8--Rules, Joint Rules, Resolutions and Ethics.

On motion of Senator Gibbons, the Senate recessed until 4:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Bartle.

RESOLUTIONS

Senator Bray offered Senate Resolution No. 237, regarding Erick Robey, St. Louis, which was adopted.

Senator Bray offered Senate Resolution No. 238, regarding Chris Ludwell, St. Louis, which was adopted.

Senator Bray offered Senate Resolution No. 239, regarding Andrew Kleager, St. Louis, which was adopted.

Senator Bray offered Senate Resolution No. 240, regarding William Jay Difani, St. Louis, which was adopted.

Senator Days offered Senate Resolution No. 241, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. David Bell, which was adopted.

Senator Gibbons offered Senate Resolution No. 242, regarding Ken Aston, Manchester, which was adopted.

Senator Gibbons offered Senate Resolution No. 243, regarding John Jabouri, Fenton, which was adopted.

Senator Gibbons offered Senate Resolution No. 244, regarding Adeline Wider, Fenton, which was adopted.

Senator Quick offered Senate Resolution No. 245, regarding the Liberty Public Schools, which was adopted.

INTRODUCTION OF BILLS

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

SB 610-By Yeckel.

An Act to amend chapter 144, RSMo, by adding thereto eleven new sections relating to taxation of controlled substances.

SB 611-By Clemens, Cauthorn, Klindt and Foster.

An Act to repeal section 262.290, RSMo, and to enact in lieu thereof one new section relating to county agricultural and mechanical societies.

SB 612-By Clemens.

An act to amend chapter 91, RSMo, by adding thereto one new section relating to electric utilities.

SB 613-By Shields.

An Act to repeal section 367.052, RSMo, and to enact in lieu thereof one new section relating to a claimant's recovery of property held by a pawn broker.

SB 614-By Shields.

An Act to amend chapter 288, RSMo, by adding thereto one new section relating to employment security of temporary employees.

SB 615-By Bartle and Loudon.

An Act to amend chapter 226, RSMo, by adding thereto one new section relating to billboards, with penalty provisions.

SB 616-By Nodler.

An Act to repeal section 355.176 as enacted by house substitute for senate bill no. 768, eighty-eighth general assembly, second regular session, and to enact in lieu thereof one new section for the sole purpose of reenacting section 355.176 which was held unconstitutional by the Missouri Supreme Court.

SB 617-By Cauthorn.

An Act to repeal sections 281.240 and 281.260, RSMo, and to enact in lieu thereof three new sections relating to pesticide fees.

SB 618-By Kennedy and Shields.

An Act to amend chapter 630, RSMo, by adding thereto one new section relating to suicide.

SB 619-By Loudon.

An Act to repeal sections 384.043, 384.062, and 384.065, RSMo, and to enact in lieu thereof three new sections relating to surplus lines insurance.

SB 620-By Loudon, Kinder and Days.

An Act to repeal sections 100.710, 100.840, 100.850, and 178.892, RSMo, and to enact in lieu thereof nine new sections relating to job retention programs in the department of economic development, with contingent expiration dates.

SB 621-By Loudon.

An Act to amend chapter 82, RSMo, by adding thereto one new section relating to removal of nuisances.

SB 622-By Loudon.

An Act to repeal sections 376.810, 376.811, 376.814, 376.825, 376.826, 376.827, 376.830, 376.833, 376.836, and 376.840, RSMo, and to enact in lieu thereof three new sections relating to insurance coverage for mental health.

SB 623-By Foster.

An Act to repeal sections 116.175 and 116.190, RSMo, and to enact in lieu thereof two new sections relating to challenges to fiscal notes and fiscal note summaries.

SB 624-By Foster.

An Act to repeal section 210.001, RSMo, and to enact in lieu thereof one new section relating to child assessment centers.

SB 625-By Foster.

An Act to repeal section 208.152, RSMo, and to enact in lieu thereof one new section relating to Medicaid reimbursement.

SB 626-By Coleman.

An Act to repeal section 328.110, RSMo, and to enact in lieu thereof one new section relating to barbers' licenses.

SB 627-By Coleman and Kennedy.

An Act to repeal section 86.251, RSMo, and to enact in lieu thereof one new section relating to police retirement plans.

SB 628-By Coleman.

An Act to repeal sections 210.109 and 210.496, RSMo, and to enact in lieu thereof six new sections relating to the Dominic James Memorial Foster Care Reform Act of 2003, with penalty provisions.

SB 629-By Coleman, Dougherty and Kennedy.

An Act to amend chapter 167, RSMo, by adding thereto one new section relating to the creation of the more for four program, with an expiration date.

SB 630-By Scott.

An Act to repeal section 643.078, RSMo, and to enact in lieu thereof one new section relating to air operating permits.

SENATE BILLS FOR PERFECTION

Senator Quick moved that SB 234 be taken up for perfection, which motion prevailed.

Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 234, Page 1, Section 64.342, Line 9, by inserting after all of said line the following:

"2. The county commission of any county of the first classification with a population of at least one hundred fifty thousand containing part of a city with a population over three hundred fifty thousand that acquires, in whole or in part, concession stands, marinas and/or ancillary equipment thereto shall compensate the owner or owners at fair market value for such purchase."; and

Further amend by renumbering the remaining subsections accordingly.

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

On motion of Senator Quick, SB 234, as amended, was declared perfected and ordered printed.

Senator Cauthorn moved that SB 84, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 84, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 84

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.

Was taken up.

Senator Cauthorn moved that SCS for SB 84 be adopted.

At the request of Senator Cauthorn, SB 84, with SCS (pending), was placed on the Informal Calendar.

Senator Yeckel moved that SB 69, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 69, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 69

An Act to amend chapter 620, RSMo, by adding thereto eight new sections relating to small businesses.

Was taken up.

Senator Yeckel moved that SCS for SB 69 be adopted.

At the request of Senator Yeckel, SB 69, with SCS (pending), was placed on the Informal Calendar.

CONCURRENT RESOLUTIONS

Senators Gibbons, Klindt and Foster submitted the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 12

WHEREAS, a recent report of the Bureau of Justice Statistics, reported there are more than 1.4 million prisoners in the jurisdiction of federal or state adult correctional agencies, and the overall population of those incarcerated exceeds 2.07 million persons; and

WHEREAS, state prisons are operating between full and 15 percent above capacity and federal prisons are operating 31 percent above capacity; and

WHEREAS, in the wake of September 11, states have been charged with homeland safety and are required to more stringently track prisoners and prison populations; and

WHEREAS, while state growth in revenue continues to decline, the Missouri Department of Corrections continues to experience increasing demands through federal and state laws, sentencing guidelines, and recidivism, and is thus facing an increasing prison population; and

WHEREAS, it is in the state's best interest to encourage offender education, vocation, and substance abuse programs, and to include adult basic education/GED preparation, religious programs, wellness, parenting, and life skills programs; and

WHEREAS, both the federal and state government should continue to set forth high standards of service and levels of quality for housing detainees similar to those found in the American Correctional Association (ACA); and

WHEREAS, President George W. Bush, in August, 2002, proposed a federal initiative to institute more e-government, improve financial management with better audit results, initiate performance-based budgeting, reduce middle management, and increase competitive bidding between public and private sections; and

WHEREAS, the state of Missouri through its elected Senators and Representatives is seeking all available remedies to its declining revenues, but demands accountability, performance, low cost, and flexibility in its solutions:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, Ninety-second General Assembly, First Regular Session, the House of Representatives concurring therein, hereby urge the Governor and the Missouri Department of Corrections to explore the opportunities for public-private partnerships to design, build and/or manage prison facilities, and to monitor inmate populations; 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 and the Director of the Missouri Department of Corrections.

Senators Nodler and Gibbons submitted the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 13

Establishing a Subcommittee on Competition and Privatization within the Joint Committee on Legislative Research.

WHEREAS, the current budgetary situation has brought about a heightened necessity to re-examine the state's expenditures; and

WHEREAS, the state performs many functions which are similarly performed by private industry; and

WHEREAS, certain aspects of state administration and services may be more efficiently served by private involvement; and

WHEREAS, the Joint Committee on Legislative Research is established pursuant to the Constitution to carry out the duties assigned to it by law:

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate, Ninety-second General Assembly, First Regular Session, the House of Representatives concurring therein, that we hereby create a Subcommittee on Competition and Privatization within the Joint Committee on Legislative Research; and

BE IT FURTHER RESOLVED, the subcommittee shall identify ways to reduce cost to state government and increase quality of state services to the citizens of this state; and

BE IT FURTHER RESOLVED, the subcommittee shall perform both a competition review and privatization review and make recommendations based on its findings; and

BE IT FURTHER RESOLVED that the Subcommittee herein established shall consist of twelve members of which three shall be members of the Senate appointed by the President Pro Tem of the Senate of which at least one shall be from the minority party, three shall be members of the House of Representatives appointed by the Speaker of the House of Representatives of which at least one shall be from the minority party, and six shall be representatives of private businesses of which three shall be appointed by the President Pro Tem of the Senate and three shall be appointed by the Speaker of the House of Representatives; and

BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research shall provide the necessary staff resources for the Subcommittee from its own staff, although it may choose to call upon the additional resources of the Senate and House Research offices; and

BE IT FURTHER RESOLVED that the subcommittee is authorized to call upon any department, office, division, or agency of this state to assist in gathering information pursuant to its objective provided herein; and

BE IT FURTHER RESOLVED as funding becomes available to the committee, it may employ necessary consulting services to assist in its objectives; and

BE IT FURTHER RESOLVED that the subcommittee shall hold its initial meeting within three months of its formation, and must deliver a report to the Governor, General Assembly, the state Auditor, and the Joint Committee on Legislative Research with its findings and recommendations; and

BE IT FURTHER RESOLVED that the subcommittee shall expire thirty-six months after its initial meeting; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the President Pro Tem of the Senate, the Speaker of the House of Representatives, and the Joint Committee on Legislative Research.

Read 1st time.

INTRODUCTION OF BILLS

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

SB 631-By Bray, Vogel and Goode.

An Act to repeal sections 32.087, 67.576, 67.582, 67.671, 67.678, 67.1545, 67.1775, 67.1959, 94.580, 94.605, 94.660, 94.705, 144.010, 144.014, 144.030, 144.046, 144.100, 144.517, 144.625, 144.655, 144.805, 238.235, and 238.410, RSMo, and to enact in lieu thereof twenty-one new sections relating to implementation of the streamlined sales and use tax agreement.

SB 632-By Days.

An Act to repeal section 162.700, RSMo, and to enact in lieu thereof one new section relating to the placement of certain special education pupils.

SB 633-By Shields and Kinder.

An Act to repeal section 71.011, RSMo, and to enact in lieu thereof one new section relating to the transfer of land between municipalities, with an expiration date.

SB 634-By Coleman.

An Act to repeal section 162.1100, RSMo, and to enact in lieu thereof one new section relating to tax increment financing.

REPORTS OF SELECT COMMITTEES

Senator Gross submitted the Final Report from the Senate Interim Committee on Regional Control of Lambert-St. Louis International Airport. A copy of the report is on file in the office of the Secretary of Senate.

REPORTS OF STANDING COMMITTEES

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, to which were referred SS for SCS for SB 265; and SB 234, 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.

RESOLUTIONS

Senator Griesheimer offered Senate Resolution No. 246, regarding the Eureka High School Football Team, Eureka, which was adopted.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

February 24, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Joint Committee on Public Employee Retirement

Dear Terry:

Pursuant to Section 21.553, RSMo 2002, I am appointing Senator Delbert Scott to the Joint Committee on Public Employee Retirement.

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

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro-Tem

INTRODUCTIONS OF GUESTS

Senator Kinder introduced to the Senate, Doug Watson, Doug Hunt, Shawn Patterson, and Kevin Patterson, Cape Girardeau.

Senator Mathewson introduced to the Senate, Carrie Emde, Karen Hemme, and students from Concordia R-II School, Concordia; and Bobby Gieselman, Mallary Spalding, and Stacy Ratliff were made honorary pages.

Senator Steelman introduced to the Senate, Sherri Slovensky, Jolania Burton, Luke Castler, Allen Adams, Emily Peak, and Lindsey Robinson, Wellsville; and Luke, Allen, Emily, and Lindsey were made honorary pages.

Senator Griesheimer introduced to the Senate, Carol Nowack, Owensville; and Lisa Weiskopf, Karen Largent, Ben and Cheryl McDowell, Billy and Charlene Young, and students representing Show-Me Techknowledge Day from Sullivan Elementary School, Sullivan; and Kathleen Brueggemann, Elizabeth McCormack, Brandon McDowell, and Ginny Young were made honorary pages.

Senator Cauthorn introduced to the Senate, Patty Fisher, Nicki Hoepf, Sarah Shell, Jacob Colbert, Stephanie Shinn, Donna Noris, Nancy Flood, Leanne Spengler, and Glenda Moor, Pike and Putnam Counties.

Senator Russell introduced to the Senate, Kim Bechtold, Pat Pick, and students from Osage Beach Elementary School, Osage Beach; and Julia Lenci and Bradley Simms were made honorary pages.

Senator Champion introduced to the Senate, Melody Blunt, and members of the Springfield Junior League, Springfield.

Senator Stoll introduced to the Senate, Steve and Pat Markus, and Art and Katy Markus, Jefferson County.

On behalf of Senator Dolan and himself, Senator Gross introduced to the Senate, Vivienne Beckett, Adam Burnham, Marcy Clement, Nancy Conover, Nancy Gongaware, Pat Hanley, Joe Hogan, Jan Hooker, Linda Jacobsen, Brad Lambert, Chris Mayes, Tonya McAmis, Tim McCoy, Christa Montgomery, Cindy Morgan, John Mueller, Stephen Phelps, Randy Shields, David Skornia, Karen Stepson, Leona Swank, Rose Mack, Brad Smith, Bruce Sowatsky, and Kevin and Karen DeSain, members of Vision St. Charles County Leadership Group.

Senator Wheeler introduced to the Senate, representatives of the Missouri State Medical Association Alliance.

Senator Loudon introduced to the Senate, Miss Missouri, Tara Bollinger, and Molly McCann, Chesterfield; and Lois Linton, Ballwin.

Senator Wheeler introduced to the Senate, the Physician of the Day, Dr. Fred DeFeo, M.D., Kansas City.

Senator Cauthorn introduced to the Senate, Mary Sobba, Steve Curtis, and Dennis Isgrig, Audrain County; Virgil Woolridge, Boone County; and Nancy Hendrix, Howard County.

Senator Scott introduced to the Senate, Allen Waldo, Lamar.

Senator Kennedy introduced to the Senate, Steve Crain, Farmington.

On behalf of Senators Dolan, Days, and himself, Senator Kennedy introduced to the Senate, Larry, Janelle, and Brittany Wines, Wentzville; Sharon Perkins, St. Louis; and Michael Bretz, St. Ann.

Senator Griesheimer introduced to the Senate, representatives of the Missouri Beer Wholesalers Association from around the state.

Senator Shields introduced to the Senate, Betty Burck and David Blackborn, Riverside.

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

SENATE CALENDAR

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TWENTY-NINTH DAY-THURSDAY, FEBRUARY 27, 2003

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/10

Reported 2/17

Reported 2/24

RESOLUTIONS

To be Referred

Reported from Committee

SR 30-Shields, with SCS, SS

for SCS & SA 1 (pending)