Journal of the Senate

FIRST REGULAR SESSION

THIRTY-THIRD DAY--THURSDAY, MARCH 6, 2003

The Senate met pursuant to adjournment.

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"Be still and know that I am God." (Psalm 46:10a)

Merciful God, help us to find time each day to be still and silent in Your presence. Let us listen for Your voice and come to understand the power of Your word. May we be thankful for such moments and let them change our business into productive stillness, quiet minds and healthier bodies. We continue to pray for Senator DePasco as he prepares for yet another round of chemo and for Kim Green; touch their bodies with Your healing power and bring them to health in mind, body and spirit. And bless our relationships with those You have given us to love, so we may grow in covenant with You our God. 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.

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

	Present--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Goode	Griesheimer
Gross	Jacob	Kennedy	Kinder
Klindt	Loudon	Mathewson	Nodler
Quick	Russell	Scott	Shields
Steelman	Stoll	Vogel	Wheeler
Yeckel--33
	Absent with leave--Senator DePasco--1

RESOLUTIONS

Senator Steelman offered Senate Resolution No. 316, regarding Charles Gary Miles, which was adopted.

Senator Steelman offered Senate Resolution No. 317, regarding Dennis R. "Doc" Roberts, Rolla, which was adopted.

REPORTS OF STANDING COMMITTEES

Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, 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:

Rolla Jay Plattner, as a member of the Missouri Agriculture and Small Business Development Authority;

Also,

Ronald W. Randen, as a member of the Missouri Training and Employment Council;

Also,

Stacey L. Allen, as a student representative of the Missouri Southern State College Board of Regents;

Also,

Michael Leo Kehoe, as a member of the Linn State Technical College Board of Regents;

Also,

Linda R. Bohrer, as a member of the Missouri Head Injury Advisory Council;

Also,

Angela Wasson-Hunt, as a member of the Kansas City Board of Police Commissioners;

Also,

Thomas J. Mathis III, as a member of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects;

Also,

Susan I. Green, as a member of the Seismic Safety Commission.

Senator Kinder requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Kinder moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

Senator Childers, Chairman of the Committee on Economic Development, Tourism and Local Government, submitted the following report:

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 298, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 427, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Commerce and the Environment, to which were referred SB 125 and SB 299, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Education, to which was referred SB 422, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 2, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following reports:

Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SS for SCS for SB 36, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SB 544, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Vogel, Chairman of the Committee on Ways and Means, submitted the following reports:

Mr. President: Your Committee on Ways and Means, to which was referred SB 450, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Ways and Means, to which was referred SB 305, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Shields, Chairman of the Committee on Aging, Families, Mental and Public Health, submitted the following report:

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 410, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 447, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 309, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

THIRD READING OF SENATE BILLS

SB 224, with SCS No. 2, introduced by Senator Vogel, entitled:

An Act to authorize the conveyance of property owned by the state in the County of Callaway to the City of Fulton, with an emergency clause.

Was called from the Consent Calendar and taken up.

SCS No. 2 for SB 224, entitled:

SENATE COMMITTEE SUBSTITUTE NO. 2

FOR SENATE BILL NO. 224

An Act to authorize the conveyance of property owned by the state in the County of Callaway to the City of Fulton, with an emergency clause.

Was taken up.

Senator Vogel moved that SCS No. 2 for SB 224 be adopted, which motion prevailed.

On motion of Senator Vogel, SCS No. 2 for SB 224 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bray	Caskey	Cauthorn
Champion	Childers	Clemens	Coleman
Days	Dolan	Dougherty	Foster
Gibbons	Goode	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Nodler	Russell
Scott	Shields	Steelman	Stoll
Vogel	Wheeler--30
	NAYS--Senators--None
	Absent--Senators
Bland	Quick	Yeckel--3
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

	YEAS--Senators
Bartle	Bray	Caskey	Cauthorn
Champion	Childers	Clemens	Coleman
Days	Dolan	Dougherty	Foster
Gibbons	Goode	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Nodler	Russell
Scott	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senators--None
	Absent--Senators
Bland	Quick--2
	Absent with leave--Senator DePasco--1

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

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

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

SB 238, with SCS, introduced by Senator Caskey, entitled:

An Act to repeal sections 72.080 and 72.130, RSMo, and to enact in lieu thereof two new sections relating to incorporation of cities, with an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 238, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 238

An Act to repeal sections 72.080 and 72.130, RSMo, and to enact in lieu thereof two new sections relating to incorporation of cities, with an emergency clause.

Was taken up.

Senator Caskey moved that SCS for SB 238 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 238 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bray	Caskey	Cauthorn
Champion	Childers	Clemens	Days
Dolan	Dougherty	Foster	Gibbons
Goode	Griesheimer	Gross	Jacob
Kennedy	Kinder	Klindt	Loudon
Mathewson	Nodler	Russell	Scott
Shields	Steelman	Stoll	Vogel
Yeckel--29
	NAYS--Senators--None
	Absent--Senators
Bland	Coleman	Quick	Wheeler--4
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Nodler	Russell
Scott	Shields	Steelman	Stoll
Vogel	Yeckel--30
	NAYS--Senators--None
	Absent--Senators
Goode	Quick	Wheeler--3
	Absent with leave--Senator DePasco--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 Stoll moved that motion lay on the table, which motion prevailed.

SB 250, introduced by Senator Stoll, entitled:

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to a law enforcement sales tax, with an emergency clause.

Was called from the Consent Calendar and taken up.

On motion of Senator Stoll, SB 250 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Quick	Russell
Shields	Steelman	Stoll	Vogel
Wheeler	Yeckel--30
	NAYS--Senators
Goode	Scott--2
	Absent--Senator Nodler--1
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Quick	Russell
Scott	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senator Goode--1
	Absent--Senator Nodler--1
	Absent with leave--Senator DePasco--1

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 Quick moved that motion lay on the table, which motion prevailed.

SB 269, with SCS, introduced by Senator Quick, entitled:

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to a city sales tax for public safety, with an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 269, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 269

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to a city sales tax for public safety, with an emergency clause.

Was taken up.

Senator Quick moved that SCS for SB 269 be adopted, which motion prevailed.

On motion of Senator Quick, SCS for SB 269 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Nodler	Quick
Russell	Shields	Steelman	Stoll
Vogel	Wheeler	Yeckel--31
	NAYS--Senators
Goode	Scott--2
	Absent--Senators--None
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

Senator Childers assumed the Chair.

The emergency clause was adopted by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Griesheimer	Gross
Jacob	Kennedy	Kinder	Klindt
Loudon	Mathewson	Nodler	Quick
Russell	Scott	Shields	Steelman
Stoll	Vogel	Wheeler	Yeckel--32
	NAYS--Senator Goode--1
	Absent--Senators--None
	Absent with leave--Senator DePasco--1

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

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

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

SS for SCS for SB 265, introduced by Senator Shields, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 265

An Act to repeal sections 161.092, 168.021, and 168.071, RSMo, and to enact in lieu thereof three new sections relating to certificates of license to teach.

Was taken up.

On motion of Senator Shields, SS for SCS for SB 265 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Goode	Griesheimer
Gross	Jacob	Kennedy	Kinder
Klindt	Loudon	Mathewson	Nodler
Russell	Scott	Shields	Steelman
Stoll	Vogel	Wheeler	Yeckel--32
	NAYS--Senators--None
	Absent--Senator Quick--1
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

Senator Goode moved that motion lay on the table, 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 by Senator Cauthorn.

On motion of Senator Cauthorn, SCS for SB 84 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Bland	Bray	Caskey
Cauthorn	Champion	Childers	Clemens
Coleman	Days	Dolan	Dougherty
Foster	Gibbons	Goode	Griesheimer
Gross	Jacob	Kennedy	Kinder
Klindt	Loudon	Mathewson	Nodler
Russell	Scott	Shields	Steelman
Stoll	Vogel	Wheeler	Yeckel--32
	NAYS--Senators--None
	Absent--Senator Quick--1
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

SS for SCS for SB 36, introduced by Senator Klindt, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 36

An Act to repeal sections 260.475, 260.479, 260.830, 260.831, 444.770, and 444.772, RSMo, and to enact in lieu thereof nine new sections relating to environmental regulation.

Was taken up.

On motion of Senator Klindt, SS for SCS for SB 36 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Caskey	Cauthorn	Champion
Childers	Clemens	Dolan	Foster
Gibbons	Griesheimer	Gross	Kennedy
Kinder	Klindt	Loudon	Mathewson
Nodler	Russell	Scott	Shields
Steelman	Stoll	Vogel	Yeckel--24
	NAYS--Senators
Bland	Bray	Coleman	Days
Dougherty	Goode	Jacob	Quick
Wheeler--9
	Absent--Senators--None
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

HCS for HB 14, entitled:

An Act to appropriate money for the Office of Administration to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri beginning July 1, 2002 and ending June 30, 2003.

Was taken up by Senator Russell.

On motion of Senator Russell, HCS for HB 14 was read the 3rd time and passed by the following vote:

	YEAS--Senators
Bartle	Caskey	Cauthorn	Champion
Childers	Clemens	Dolan	Foster
Gibbons	Griesheimer	Gross	Kennedy
Kinder	Klindt	Loudon	Mathewson
Nodler	Russell	Scott	Shields
Steelman	Stoll	Vogel	Yeckel--24
	NAYS--Senators
Bland	Bray	Coleman	Days
Dougherty	Goode	Jacob	Quick
Wheeler--9
	Absent--Senators--None
	Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 318, regarding Paul Crittenden, Herculaneum, which was adopted.

Senator Stoll offered Senate Resolution No. 319, regarding Adam McCullough, Festus, which was adopted.

Senator Stoll offered Senate Resolution No. 320, regarding Reverend Richard Adams, Herculaneum, which was adopted.

Senator Klindt offered Senate Resolution No. 321, regarding Jacob Austin "Jake" Gardner, Jamesport, which was adopted.

Senator Klindt offered Senate Resolution No. 322, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard McDaniel, Galt, which was adopted.

Senator Klindt offered Senate Resolution No. 323, regarding Sean A. Wood, Gallatin, which was adopted.

Senators Goode, Dougherty, Coleman, Days, Bray and Gibbons offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 324

WHEREAS, the Missouri Valley Conference is the second oldest athletic conference in the nation with ten member institutions that include Bradley University, Creighton University, Drake University, the University of Evansville, Illinois State University, Indiana State University, the University of Northern Iowa, Southern Illinois University, Southwest Missouri State University, and Wichita State University; and

WHEREAS, the year 2003 marks the thirteenth consecutive season that the Missouri Valley Conference Basketball Tournament will be held in the historic Gateway City of St. Louis, a very proud and extremely grand tradition of "Arch Madness" that began in 1991 when the first such extravaganza was held in the old Kiel Auditorium; and

WHEREAS, the Missouri Valley Conference has been based in St. Louis since 1985 and the excitement of the Tournament attracts more than 50,000 fans to the City of St. Louis which generates in excess of six million dollars, a valued stimulus to the local economy; and

WHEREAS, the oldest athletic conference west of the Mississippi River, the Missouri Valley Conference was established in 1907 with the University of Missouri as a founding member and was strengthened in subsequent years by the addition of Saint Louis University and Southwest Missouri State University; and

WHEREAS, now in his fifteenth year as Commissioner, Doug Elgin has excelled in his responsibilities as one of the country's top athletic administrators and was instrumental in bringing NCAA Midwest Regionals in 1993, 1998, and 1999; the NCAA first and second rounds in 2002; and the NCAA Women's Final Four in 2001 hosted by the Missouri Valley Conference:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-second General Assembly, join unanimously in applauding Commissioner Doug Elgin and the Missouri Valley Conference as an expression of deep gratitude for the phenomenal impact which it has had on the City of St. Louis and the entire Show-Me State as a result of its success in the pursuit of excellence and in extending best wishes for continued progress in the years leading to its upcoming Centennial and beyond; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for presentation in honor of the Missouri Valley Conference.

Senator Mathewson offered Senate Resolution No. 325, regarding Jill Thompson, Lafayette County, which was adopted.

SENATE BILLS FOR PERFECTION

Senator Loudon moved that SB 34, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SB 34 was again taken up.

Senator Loudon offered SA 9, which was read:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Bill No. 34, Page 1, Section 188.250, Line 10, by inserting after the word "damages" the following: "of up to one thousand dollars".

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

Photographers from KOMU-TV and KMIZ-TV were given permission to take pictures in the Senate Chamber today.

Senator Loudon moved that SS for SB 34, as amended, be adopted, which motion prevailed.

On motion of Senator Loudon, SS for SB 34, as amended, was declared perfected and ordered printed.

SECOND READING OF SENATE BILLS

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

SB 646--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 647--Education.

SB 649--Aging, Families, Mental and Public Health.

SB 650--Education.

SB 653--Transportation.

SB 654--Commerce and the Environment.

SB 655--Agriculture, Conservation, Parks and Natural Resources.

SB 660--Governmental Accountability and Fiscal Oversight.

SB 669--Judiciary and Civil and Criminal Jurisprudence.

SB 674--Economic Development, Tourism and Local Government.

SB 681--Small Business, Insurance and Industrial Relations.

SB 685--Aging, Families, Mental and Public Health.

SB 693--Governmental Accountability and Fiscal Oversight.

SB 694--Economic Development, Tourism and Local Government.

SB 699--Education.

SJR 20--Transportation.

SJR 22--Agriculture, Conservation, Parks and Natural Resources.

REPORTS OF STANDING COMMITTEES

Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 5, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTIONS OF GUESTS

Senator Nodler introduced to the Senate, Tammy Slape and David Fleming, Webb City.

Senator Kinder introduced to the Senate, eighty-five fourth grade students from Blanchard Elementary School, Cape Girardeau.

Senator Goode introduced to the Senate, students from Twillman Elementary School, St. Louis; and Terlisa Jennings and Noel Benson were made honorary pages.

Senator Yeckel introduced to the Senate, Reverend Joseph A. Weber, Lemay.

On behalf of Senator Jacob and himself, Senator Wheeler introduced to the Senate, the Physician of the Day, Dr. David Fleming, M.D., Columbia.

On motion of Senator Gibbons, the Senate adjourned until 2:00 p.m., Monday, March 10, 2003.

SENATE CALENDAR

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THIRTY-FOURTH DAY-MONDAY, MARCH 10, 2003

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS