Journal of the Senate

SECOND REGULAR SESSION


SIXTEENTH DAY--WEDNESDAY, FEBRUARY 4, 2004


The Senate met pursuant to adjournment.

Senator Gross in the Chair.

Reverend Carl Gauck offered the following prayer:

"Rejoice in your hope, be patient in tribulation, be constant in prayer. Contribute to the needs of the saints, practice hospitality." (Romans 12:12-13)

Heavenly Father, we began this day in prayer and recognize that the hope that You give us will not disappoint us. Remind us daily of Your expectations, to us whom much has been given, to do what You require of us. 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 Associated Press and The Chart, MSSU, Joplin were given permission to take pictures in the Senate Chamber today.

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

Present--Senators
Bartle Bland Bray Callahan
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--34
Absent with leave--Senators--None

Senator Shields assumed the Chair.

RESOLUTIONS

Senator Childers offered Senate Resolution No. 1246, regarding Chief George Stevens and the Hollister Police Department, Hollister, which was adopted.

Senator Coleman offered Senate Resolution No. 1247, regarding to the death of Benjamin Lionel Goins, Sr., which was adopted.

Senator Dougherty offered Senate Resolution No. 1248, regarding Michael Morgan, St. Louis, which was adopted.

Senator Jacob offered Senate Resolution No. 1249, regarding Bekim Canhasi, Columbia, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1250, regarding Ron Loesch, Mexico, which was adopted.

Senator Yeckel offered Senate Resolution No. 1251, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Irvin Etzold, St. Louis, which was adopted.

Senator Scott offered Senate Resolution No. 1252, regarding Eldonna DeWeese, Bolivar, which was adopted.

Senator Steelman moved that SR 1118 be taken up for adoption, which motion prevailed.

Senator Bartle assumed the Chair.

Senator Gross assumed the Chair.

Senator Bartle assumed the Chair.

Senator Steelman offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Resolution No. 1118, appearing on Page 108 of the Senate Journal for Wednesday, January 14, 2004, Column 2, Line 21, of said column, by striking the word "commits to" and inserting in lieu thereof the following: "recommends that the Missouri Attorney General promptly"; and further amend line 24 of said column, by inserting immediately after the word "rule" the following: "on behalf of the state".

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

Senate Steelman moved that SR 1118, as amended, be adopted, which motion prevailed.

CONCURRENT RESOLUTIONS

Senator Gross moved that SCR 23 be taken up for adoption, which motion prevailed.

Senator Nodler assumed the Chair.

On motion of Senator Gross, SCR 23 was adopted by the following vote:

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

INTRODUCTION OF BILLS

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

SB 1203-By Klindt.

An Act to repeal section 196.1003, RSMo, and to enact in lieu thereof one new section relating to the release of escrow funds of non-participating tobacco manufacturers.

SB 1204-By Cauthorn and Loudon.

An Act to repeal section 290.305, RSMo, and to enact in lieu thereof one new section relating to the prevailing wage on public works.

SB 1205-By Cauthorn.

An Act to amend chapter 217, RSMo, by adding thereto one new section relating to minimum pay for certain corrections employees, with an effective date.

SB 1206-By Stoll.

An Act to amend chapter 210, RSMo, by adding thereto one new section relating to employment history for health care, child care, and elder care providers.

SB 1207-By Stoll.

An Act to repeal sections 324.400, 324.403, 324.409, 324.415, 324.418, 324.421, 324.427, 324.430, and 324.433, and to enact in lieu thereof nine new sections relating to interior designers.

SB 1208-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 1209-By Bland, Coleman and Bray.

An Act to repeal section 143.124, RSMo, and to enact in lieu thereof one new section relating to pension deductions, with an effective date.

SB 1210-By Bray, Days, Steelman, Yeckel, Champion, Bland and Coleman.

An Act to amend chapter 556, RSMo, by adding thereto seven new sections relating to human trafficking, with penalty provisions.

SB 1211-By Wheeler.

An Act to repeal section 535.030, RSMo, and to enact in lieu thereof one new section relating to the service of summons in landlord/tenant actions.

SB 1212-By Wheeler.

An Act to authorize the governor to convey property owned by the state to the Truman Medical Center.

SB 1213-By Steelman and Gross.

An Act to amend chapter 196, RSMo, by adding thereto six new sections relating to tobacco product manufacturers, with penalty provisions.

SB 1214-By Griesheimer.

An Act to repeal section 610.021, RSMo, and to enact in lieu thereof one new section relating to records exempt from public disclosure, with a termination date and an emergency clause.

SB 1215-By Griesheimer.

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to subrogation rights of public entities.

SB 1216-By Kennedy.

An Act to repeal section 104.040, RSMo, and to enact in lieu thereof one new section relating to retirement of members of the department of transportation.

SB 1217-By Bartle.

An Act to amend chapter 162, RSMo, by adding thereto one new section relating to special education services in school districts located at least partially in Jackson County.

SB 1218-By Quick.

An Act to repeal section 335.076, RSMo, and to enact in lieu thereof one new section relating to advanced practice nurses.

SB 1219-By Shields.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to special license plates.

SB 1220-By Caskey.

An Act to repeal sections 50.334, 50.343, 51.281, 52.269, 53.082, 54.261, 54.320, and 58.095, RSMo, and to enact in lieu thereof eight new sections relating to maximum allowable compensation for certain county officials.

SENATE BILLS FOR PERFECTION

Senator Bartle moved that SB 1000 be taken up for perfection, which motion prevailed.

Senator Bartle offered SS for SB 1000, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 1000

An Act to repeal sections 650.050, 650.052, 650.055, and 650.100, RSMo, and to enact in lieu thereof five new sections relating to a DNA profiling system, with penalty provisions and an effective date for certain sections.

Senator Bartle moved that SS for SB 1000 be adopted.

Senator Bartle offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 1000, Page 2, Section 488.5400, Line 17, by striking "Moneys from this fund"; and

Further amend line 18, by striking "shall be the only source of revenue" and insert in lieu thereof the following: "No moneys from the state general revenue fund shall be".

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

Senator Quick offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 1000, Page 9, Section 650.055, Line 25, by inserting at the end of said line the following: "Within thirty days after the receipt of the court order, the Missouri state highway patrol shall notify the individual that it has expunged his or her DNA sample and DNA profile, or the basis for its determination that the person is otherwise obligated to submit a DNA sample.".

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

At the request of Senator Bartle, SB 1000, with SS, as amended (pending), was placed on the Informal Calendar.

CONCURRENT RESOLUTIONS

Senators Russell, Childers, Quick, Dougherty, Coleman, Kinder, Caskey, Gibbons, Gross, Mathewson, Steelman, Foster, Stoll, Bland and Goode offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 35

Relating to the renaming of a building at the Southeast Missouri Mental Health Center.

WHEREAS, the Southeast Missouri Mental Health Center is located near Farmington, Missouri; and

WHEREAS, the Center Building of the Southeast Missouri Mental Health Center has a bed capacity of one hundred eighty-six beds, plus forty beds in five adjacent group homes; and

WHEREAS, Southeast Missouri Mental Health Center maintains an Acute and Intermediate Care Unit and a Forensic Services Unit to provide a client environment that includes interdisciplinary treatment in the areas of psychiatry, psychiatric nursing, patient and family education, work therapy, a group home program, an interactive computer system, a fitness center and other services; and

WHEREAS, Danny Staples was a member of the House of Representatives for six years and a state Senator for twenty years representing the citizens of his district; and

WHEREAS, former Senator Danny Staples was a leader and instrumental in furthering the development of the Southeast Missouri Mental Health Center which provides treatment and care in the state of Missouri; and

WHEREAS, because of Senator Staples' efforts, the Southeast Missouri Mental Health Center is the modern treatment center that it is today; and

WHEREAS, Senator Staples deserves permanent recognition of his work on behalf of mental health treatment and care in the state of Missouri:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby designate that the Center Building at the Southeast Missouri Mental Health Center at Farmington in St. Genevieve County shall hereinafter be known as the "Danny Staples Building"; 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 for his approval or rejection pursuant to the Missouri Constitution, and if approved, notify the Director of the Missouri Department of Mental Health.

Read 1st time.

Senators Gibbons and Dougherty offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 36

WHEREAS, research indicates that youth who drink before age 15 are four times more likely to develop alcohol dependence than those who begin drinking at age 21; and

WHEREAS, research indicates the median age at which children begin drinking in Missouri is 12.7 years old; and

WHEREAS, research indicates the highest prevalence of both binge and heavy drinking in recent years was for young adults aged 18 to 25, with the peak rate occurring at age 21; and

WHEREAS, research indicates teenagers and their parents are not well informed about alcohol's effects; and

WHEREAS, research indicates underage drinking is strongly correlated with sexual violence, automobile crashes, truancy, academic failure, dysfunctional family relationships, subsequent use of controlled substances, suicide, and other adverse consequences which take a heavy toll on our society:

NOW, THEREFORE, BE IT RESOLVED by members of the Missouri Senate, Ninety-second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby create a Joint Interim Committee on Underage Drinking; and

BE IT FURTHER RESOLVED that the joint interim committee shall study the current public and private efforts to combat underage drinking, evaluate their effectiveness, and make recommendations to the General Assembly on actions needed to attack successfully this great danger to our children; and

BE IT FURTHER RESOLVED that the joint interim committee be authorized to call upon any department, office, division, or agency of this state to assist in gathering information pursuant to its objective; and

BE IT FURTHER RESOLVED that the joint interim committee herein established shall consist of sixteen members, of which four shall be members of the Senate appointed by the President Pro Tem of the Senate, of which at least two shall be members of the minority party; four shall be members of the House of Representatives, of which two shall be appointed by the Speaker of the House of Representatives and two of which shall be members of the minority party appointed by the Minority Floor Leader, with approval of the Speaker of the House of Representatives; two shall be representatives of the medical community who specialize in alcohol abuse and prevention, one which shall be appointed by the President Pro Tem of the Senate and one which shall be appointed by the Speaker of the House; two shall be representatives of the law enforcement community who work with schools in the prevention of alcohol abuse, one which shall be appointed by the President Pro Tem of the Senate and one which shall be appointed by the Speaker of the House; two community advocates, one which shall be appointed by the President Pro Tem of the Senate and one which shall be appointed by the Speaker of the House; and two high school students between the ages of 16 and 18 years, one which shall be appointed by the President Pro Tem of the Senate and one which shall be appointed by the Speaker of the House; and

BE IT FURTHER RESOLVED the President Pro Tem of the Senate and the Speaker of the House of Representatives shall collaborate to ensure that the membership of the joint interim committee reflects adequate minority and gender representation; and

BE IT FURTHER RESOLVED that the staffs of House Research, Senate Research, and the Committee on Legislative Research shall provide such legal, research, clerical, technical, and bill drafting services as the committee may require in the performance of its duties; and

BE IT FURTHER RESOLVED that the committee, its members, and any staff personnel assigned to the committee shall receive reimbursement for their actual and necessary expenses incurred in attending meetings of the committee or any subcommittee thereof; and

BE IT FURTHER RESOLVED that the members of the joint interim committee shall be appointed by June 1, 2004; and

BE IT FURTHER RESOLVED that the joint interim committee shall expire on December 31, 2004, and on that same date deliver a report of findings and recommendations to the General Assembly; 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 and the Speaker of the House of Representatives.

INTRODUCTION OF BILLS

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

SB 1221-By Kinder.

An Act to amend chapter 360, RSMo, by adding thereto two new sections relating to the University of Missouri system.

SB 1222-By Dougherty, Kennedy, Days, Bray, Bland, Wheeler, Coleman and Jacob.

An Act to amend chapter 105, RSMo, by adding thereto one new section relating to state employees' pay, with an effective date.

SB 1223-By Dougherty and Kennedy.

An Act to repeal section 453.025, RSMo, and to enact in lieu thereof one new section relating to guardian ad litem fees.

SB 1224-By Dougherty.

An Act to repeal sections 167.020 and 431.056, RSMo, and to enact in lieu thereof two new sections relating to homeless youth.

SB 1225-By Dougherty, Coleman and Kennedy.

An Act to repeal section 84.160, RSMo, and to enact in lieu thereof one new section relating to maximum amounts of compensation for police officers.

SB 1226-By Callahan.

An Act to amend chapter 115, RSMo, by adding thereto one new section relating to convicted criminals seeking or holding public office.

SECOND READING OF SENATE BILLS

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

SB 1101--Education.

SB 1102--Ways and Means.

SB 1103--Commerce and the Environment.

SB 1104--Economic Development, Tourism and Local Government.

SB 1106--Economic Development, Tourism and Local Government.

SB 1107--Economic Development, Tourism and Local Government.

SRB 1108--Judiciary and Civil and Criminal Jurisprudence.

SB 1109--Education.

SB 1111--Judiciary and Civil and Criminal Jurisprudence.

SB 1112--Education.

SB 1113--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1115--Transportation.

SB 1116--Commerce and the Environment.

SB 1117--Judiciary and Civil and Criminal Jurisprudence.

SB 1118--Agriculture, Conservation, Parks and Natural Resources.

SB 1120--Commerce and the Environment.

SB 1124--Commerce and the Environment.

SB 1125--Commerce and the Environment.

SB 1126--Small Business, Insurance and Industrial Relations.

SB 1130--Pensions and General Laws.

SB 1131--Commerce and the Environment.

SB 1132--Commerce and the Environment.

SB 1133--Education.

SB 1135--Education.

SB 1136--Economic Development, Tourism and Local Government.

SB 1138--Judiciary and Civil and Criminal Jurisprudence.

SB 1140--Education.

SB 1146--Transportation.

SB 1147--Judiciary and Civil and Criminal Jurisprudence.

SB 1148--Aging, Families, Mental and Public Health.

SB 1150--Ways and Means.

SB 1155--Commerce and the Environment.

SB 1158--Aging, Families, Mental and Public Health.

SB 1159--Aging, Families, Mental and Public Health.

SB 1160--Aging, Families, Mental and Public Health.

SB 1164--Ways and Means.

SB 1165--Ways and Means.

SB 1166--Judiciary and Civil and Criminal Jurisprudence.

SB 1167--Judiciary and Civil and Criminal Jurisprudence.

SB 1172--Financial and Governmental Organ-ization, Veterans' Affairs and Elections.

SB 1173--Small Business, Insurance and Industrial Relations.

SB 1175--Judiciary and Civil and Criminal Jurisprudence.

SB 1176--Economic Development, Tourism and Local Government.

SB 1177--Commerce and the Environment.

SB 1178--Agriculture, Conservation, Parks and Natural Resources.

SB 1186--Commerce and the Environment.

SJR 45--Judiciary and Civil and Criminal Jurisprudence.

MESSAGES FROM THE GOVERNOR

The following message was received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 3, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Ralph G. Biele, Republican, 826 Dean Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Gaming Commission, for a term ending July 1, 2006, and until his successor is duly appointed and qualified; vice, Robert Smith, resigned.

Respectfully submitted,

BOB HOLDEN

Governor



President Pro Tem Kinder referred the above appointment to the Committee on Gubernatorial Appointments.

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 1253, regarding Danny Vinyard, Scott City, which was adopted.

Senator Kinder offered Senate Resolution No. 1254, regarding Michelle Vinyard, Scott City, which was adopted.

Senator Kinder offered Senate Resolution No. 1255, regarding Jason Eftink, Scott City, which was adopted.

Senator Kinder offered Senate Resolution No. 1256, regarding Shawn Eftink, Scott City, which was adopted.

Senator Loudon offered Senate Resolution No. 1257, regarding James Joyce, Chesterfield, which was adopted.

Senator Loudon offered Senate Resolution No. 1258, regarding Andrea Johnson, Chesterfield, which was adopted.

Senator Loudon offered Senate Resolution No. 1259, regarding Suzanne Joyce, Chesterfield, which was adopted.

Senator Dolan offered Senate Resolution No. 1260, regarding Dave Phillips, St. Charles, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Scott introduced to the Senate, Marsha Boeschen, Sedalia.

Senator Childers introduced to the Senate, Ross Summers, Branson.

Senator Kinder introduced to the Senate, Jaynee, Dennis and Tori Browning, Frank and Martha Bertrand, Melinda Sanders and Susan Pritchard-Green, Cape Girardeau.

Senator Kinder introduced to the Senate, Mr. and Mrs. Ned Matthews, Sikeston.

Senator Kinder introduced to the Senate, Jon Rust, Cape Girardeau.

On behalf of Senator Wheeler and herself, Senator Bland introduced to the Senate, William Carson and former Mayor Richard L. Berkley, Kansas City.

Senator Gibbons introduced to the Senate, Thomas Duckworth, Webster Groves.

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

SENATE CALENDAR

______



SEVENTEENTH DAY-THURSDAY, FEBRUARY 5, 2004

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 716-Childers

SB 787-Childers

SB 844-Yeckel

SB 877-Goode and Days

SB 1105-Shields

SB 1114-Loudon

SB 1119-Cauthorn

SB 1121-Cauthorn

SB 1127-Cauthorn

SB 1134-Foster, et al

SB 1137-Vogel

SB 1139-Mathewson

SB 1141-Loudon

SB 1142-Dolan

SB 1143-Dolan

SB 1145-Kennedy

SB 1149-Dougherty

SB 1152-Steelman

SB 1153-Cauthorn

SB 1154-Cauthorn and Wheeler

SB 1156-Caskey

SB 1157-Scott

SB 1161-Jacob

SB 1162-Jacob

SB 1163-Jacob

SB 1168-Jacob

SB 1169-Jacob

SB 1170-Shields

SB 1174-Caskey

SB 1179-Steelman

SB 1180-Shields and Kinder

SB 1181-Yeckel

SB 1182-Dolan

SB 1183-Dolan

SB 1184-Griesheimer, et al

SB 1185-Gross

SB 1187-Wheeler

SB 1188-Loudon

SB 1189-Scott

SB 1190-Caskey

SB 1191-Steelman

SB 1192-Steelman

SB 1193-Steelman

SB 1194-Vogel

SB 1195-Klindt

SB 1196-Klindt

SB 1197-Quick

SB 1198-Russell

SB 1199-Kennedy

SB 1200-Griesheimer

SB 1201-Cauthorn

SB 1202-Gibbons, et al

SB 1203-Klindt

SB 1204-Cauthorn and Loudon

SB 1205-Cauthorn

SB 1206-Stoll

SB 1207-Stoll

SB 1208-Stoll

SB 1209-Bland, et al

SB 1210-Bray, et al

SB 1211-Wheeler

SB 1212-Wheeler

SB 1213-Steelman and Gross

SB 1214-Griesheimer

SB 1215-Griesheimer

SB 1216-Kennedy

SB 1217-Bartle

SB 1218-Quick

SB 1219-Shields

SB 1220-Caskey

SB 1221-Kinder

SB 1222-Dougherty, et al

SB 1223-Dougherty and Kennedy

SB 1224-Dougherty

SB 1225-Dougherty, et al

SB 1226-Callahan

SJR 43-Klindt



HOUSE BILLS ON SECOND READING



HB 969-Cooper, et al



THIRD READING OF SENATE BILLS



SB 739-Klindt



SENATE BILLS FOR PERFECTION



SB 715-Childers and Caskey,

with SCS

SB 990-Loudon, with SCS

SB 730-Gross and Champion,

with SCS

SBs 1144, 919 & 874-Dolan, et al, with SCS

INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 732-Gross



SB 1000-Bartle, with SS

(pending)



CONSENT CALENDAR



Senate Bills



Reported 2/2



SB 758-Griesheimer, with SCS

SB 769-Nodler

SB 782-Caskey, with SCS

SB 789-Childers, with SCS

SBs 942, 850 & 841-Nodler,

with SCS

SB 762-Champion, with SCS

SB 955-Scott, with SCS



SB 770-Nodler

SB 1006-Goode, et al, with SCS

SB 767-Clemens, with SCS

SB 932-Loudon

SB 980-Bartle, with SCS

SB 1028-Cauthorn



RESOLUTIONS



To be Referred



SCR 35-Russell, et al



SCR 36-Gibbons and Dougherty

Reported from Committee



SCR 24-Cauthorn, et al

SCR 25-Stoll, et al



SCR 26-Childers and Russell

HCR 5-Byrd, et al

(Russell)