Journal of the Senate

SECOND REGULAR SESSION

THIRTY-FIRST DAY--TUESDAY, MARCH 2, 2004

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"You bestow on him blessings forever; you make him glad with the joy of your presence." (Psalm 21:6)

Almighty God, we are grateful for the blessings we experience every day for they remind us to do good to those whom You have made us responsible. We are thankful for Your presence in our lives for it brings joy to our hearts, help us to share that joy with others. 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 were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Bartle offered Senate Resolution No. 1425, regarding Bruce R. Williams, D.O., Blue Springs, which was adopted.

Senator Bartle offered Senate Resolution No. 1426, regarding Austin James "AJ" Marlin, Lee's Summit, which was adopted.

Senator Nodler offered Senate Resolution No. 1427, regarding Larry Neff, Neosho, which was adopted.

Senator Nodler offered Senate Resolution No. 1428, regarding Rudy Farber, Neosho, which was adopted.

Senator Vogel offered Senate Resolution No. 1429, regarding Jeffrey Michael Wilson, Jefferson City, which was adopted.

Senator Childers offered Senate Resolution No. 1430, regarding the Christian Associates of Table Rock Lake, Kimberling City, which was adopted.

Senator Shields offered Senate Resolution No. 1431, regarding Brent McCauley, St. Joseph, which was adopted.

REFERRALS

President Pro Tem Kinder referred SCR 42 and SCR 43, to the Committee on Rules, Joint Rules, Resolutions and Ethics.

President Pro Tem Kinder referred the Gubernatorial Appointments appearing on Pages 502-504 of the Senate Journal for Monday, March 1, 2004, to the Committee on Gubernatorial Appointments.

MESSAGES FROM THE GOVERNOR

The following message was received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on February 6, 2004 for your advice and consent:

Suzanne Wells, R.N., 534 Sheffield, Webster Groves, St. Louis County, Missouri 63119, as a member of the Missouri Genetic Disease Advisory Committee, for a term ending April 9, 2006, and until her successor is duly appointed and qualified; vice, Suzanne Wells, R.N., withdrawn.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Kinder moved that the above appointment be returned to the Governor pursuant to his request, which motion prevailed.

SENATE BILLS FOR PERFECTION

Senator Klindt moved that SB 740, SB 886 and SB 1178, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 740, 886 and 1178, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 740, 886 and 1178

An Act to repeal sections 148.330, 348.406, 348.410, 348.412, 348.430, and 348.432, RSMo, and to enact in lieu thereof nineteen new sections relating to agriculture programs.

Was taken up.

Senator Klindt moved that SCS for SBs 740, 886 and 1178 be adopted.

Senator Klindt offered SS for SCS for SBs 740, 886 and 1178, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 740, 886 and 1178

An Act to repeal sections 148.330, 267.470, 267.472, 267.475, 267.480, 267.485, 267.490, 267.495, 267.500, 267.505, 267.510, 267.515, 267.520, 267.525, 267.531, 267.535, 267.540, 267.545, 267.550, 267.551, 267.552, 267.553, 267.554, 267.555, 267.556, 348.406, 348.410, 348.412, 348.430, and 348.432, RSMo, and to enact in lieu thereof nineteen new sections relating to agriculture programs.

Senator Klindt moved that SS for SCS for SBs 740, 886 and 1178 be adopted.

Senator Klindt offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 740, 886 and 1178, Page 4, Section 261.115, Line 25, by inserting at the end of said line the following: "except for the amount and recipient of any loan or grant from a program administered by the authority,".

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

Senator Quick offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 740, 886 and 1178, Page 3, Section 148.330, Line 18, by inserting immediately after the word "established.", the following: "For all fiscal years beginning on or after July 1, 2004,".

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

Senator Caskey offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 740, 886 and 1178, Page 22, Section 348.432, Line 5, by inserting immediately after all of said line the following:

"Section 1. 1. If a refund mandated under article X, section 18, of the Missouri Constitution from the following funds:

(1) The water and wastewater loan fund established pursuant to section 644.122, RSMo;

(2) The water pollution permit fee subaccount of the natural resources protection fund established in section 640.220;

(3) The water and wastewater loan revolving funds; or

(4) Any fund established by the office of administration for the sole purpose of receiving and distributing state match bond proceeds for the department of natural resources' state revolving fund programs established pursuant to the federal Clean Water Act, the federal Safe Drinking Water Act, or any federal regulation authorized under either federal act; would violate the federal Clean Water Act, the federal Safe Drinking Water Act, or any federal regulation authorized under either federal act, the department of natural resources shall identify an equal amount from other funds appropriated to the department.

2. The commissioner of administration shall transfer the funds identified by the department, that would otherwise be transferred from the funds identified in subsection 1 of this section, to the state general revenue fund for any refund that occurs after August 28, 2003."; and

Further amend the title and enacting clause accordingly.

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

Senator Foster offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 740, 886 and 1178, Page 11, Section 261.289, Line 6 of said page, by inserting after all of said line, the following:

"263.534. 1. A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under sections 263.500 to 263.537, shall be subject to a per-acre penalty as established in the department's regulations, in addition to the assessment.

2. A cotton grower who fails to pay all assessments, including penalties, within thirty days of notice of penalty, shall destroy any cotton plants growing on his acreage which is subject to the assessment. Any such cotton plants which are not destroyed shall be deemed to be a public nuisance, and such public nuisance may be abated in the same manner as any public nuisance.

3. The department may petition the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed with all costs of destroying to be levied against the grower. Injunctive relief shall be available to the department notwithstanding the existence of any other legal remedy, and the department shall not be required to file a bond.

4. In addition to any other remedies for the collection of assessments, including penalties and interest, the department [may secure a lien upon cotton subject to such assessments] shall have an assessment lien that attaches and is perfected sixty days after the date the department mails notice of the assessment and shall cover any cotton crop grown by the grower, including future crops, and the proceeds of the cotton sale, until the assessment, including penalties and interest, is paid in full. The department shall notify the farm service agency and first handlers of cotton, including buyers, lienholders on the cotton, and ginners, of liens attached within thirty days of the date of perfections. This assessment lien is not an agricultural lien for purposes of, and is not subject to the provisions of Article 9 of the Uniform Commercial Code-Secured Transactions, as embodied in sections 400.9-101 to 400.9-508, RSMo. Such lien shall attach in preference to any prior lien, encumbrance or mortgage upon such cotton."; and

Further amend the title and enacting clause accordingly.

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

Senator Jacob offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 740, 886 and 1178, Page 15, Section 348.430, Line 28, by striking the words "or estimated quarterly tax"; and

Further amend page 16, said section, lines 3-5, by striking all of said lines and inserting in lieu thereof the following: "percent of such contribution. The"; and

Further amend page 19, section 348.432, line 21, by striking "or estimated"; and

Further amend said page and section, line 22, by striking "quarterly tax"; and

Further amend page 20, section 348.432, line 1, by striking "or estimated"; and

Further amend said page and section, line 2, by striking "quarterly tax"; and

Further amend said page and section, lines 6-9, by striking all of said lines and inserting in lieu thereof the following: "investment or fifteen thousand dollars.".

Senator Jacob moved that the above amendment be adopted.

Senator Klindt requested a roll call vote be taken on the adoption of SA 5 and was joined in his request by Senators Cauthorn, Clemens, Griesheimer and Nodler.

SA 5 failed of adoption by the following vote:

Senator Klindt moved that SS for SCS for SBs 740, 886 and 1178, as amended, be adopted, which motion prevailed.

On motion of Senator Klindt, SS for SCS for SBs 740, 886 and 1178, as amended, was declared perfected and ordered printed.

On motion of Senator Gibbons, the Senate recessed until 3:00 p.m.

RECESS

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

Photographers from the Chart, MSSU, Joplin and KOMU-TV were given permission to take pictures in the Senate Chamber today.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred SCS for SB 700, begs leave to report that it has considered the same and recommends that the bill do pass.

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

March 2, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

The following addendum should be made to the appointment of Marion Spence Pierson, M.D. for the Missouri Health Facilities Review Committee, submitted to you on February 26, 2004. Line 3 and 4 should be amended to read:

Missouri Health Facilities Review Committee, for a term ending January 1, 2006, and until her successor is duly appointed and

Respectfully submitted,

BOB HOLDEN

Governor

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

SENATE BILLS FOR PERFECTION

At the request of Senator Shields, SB 755, with SCS, was placed on the Informal Calendar.

Senator Shields moved that SB 1122, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 1122, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1122

An Act to repeal sections 332.051, 332.071, 332.081, 332.111, and 332.121, RSMo, and to enact in lieu thereof six new sections relating to the practice of dentistry, with penalty provisions.

Was taken up.

Senator Shields moved that SCS for SB 1122 be adopted.

Senator Shields offered SS for SCS for SB 1122, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1122

An Act to repeal sections 332.051, 332.071, 332.081, 332.111, 332.121, and 334.100, RSMo, and to enact in lieu thereof seven new sections relating to professional licensing, with penalty provisions.

Senator Shields moved that SS for SCS for SB 1122 be adopted.

Senator Jacob offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Pages 5-6, Section 332.081, Lines 55-62, by striking all of said lines and inserting in lieu thereof the following: "RSMo.".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Jacob, SA 1 was withdrawn.

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Page 8, Section 332.081, Lines 6-9, by striking the words "to medicaid recipients, low-income individuals who have available income below two hundred percent of the federal poverty level, and participants in the SCHIP Program".

Senator Jacob moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Callahan, Coleman and Quick.

SA 2 failed of adoption by the following vote:

Senator Shields offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Page 7, Section 332.081, Line 26, by striking the word "subsection" and inserting in lieu thereof the following: "subdivision".

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

Senator Kennedy offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Page 8, Section 332.081, Line 11, by inserting after the word "to" the following: "a migrant, community, or health care for the homeless health center provided for in section 330 of the Public Health Services Act (42 U.S.C. 254b) or a federally qualified health center as defined in section 1905(1) of the Social Security Act (42 U.S.C. 1396d(1)) or".

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

At the request of Senator Shields, SB 1122, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

HOUSE BILLS ON THIRD READING

HCS for HBs 950 and 948, entitled:

An Act to repeal sections 48.020 and 48.030, RSMo, and to enact in lieu thereof two new sections relating to classifications of counties, with an emergency clause.

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

On motion of Senator Childers, HCS for HBs 950 and 948 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

Senator Childers 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 Childers offered Senate Resolution No. 1432, regarding the Hollister Police Department, Hollister, which was adopted.

Senator Kennedy offered Senate Resolution No. 1433, regarding Guy Phillips, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1434, regarding Katherine Elizabeth Troup, St. Charles, which was adopted.

Senator Yeckel offered Senate Resolution No. 1435, regarding JoBeth Black, Wildwood, which was adopted.

Senator Yeckel offered Senate Resolution No. 1436, regarding Jessica Donovan, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1437, regarding Kimberly Jeske, Kirkwood, which was adopted.

Senator Yeckel offered Senate Resolution No. 1438, regarding Lindsay Puckett, Hazelwood, which was adopted.

Senator Yeckel offered Senate Resolution No. 1439, regarding Becky Gettinger, Ste. Genevieve, which was adopted.

Senator Yeckel offered Senate Resolution No. 1440, regarding Cassandra Sissom, Ellisville, which was adopted.

Senator Yeckel offered Senate Resolution No. 1441, regarding Sara Prior, Warrenton, which was adopted.

Senator Yeckel offered Senate Resolution No. 1442, regarding Jennifer Grizzle, Fenton, which was adopted.

Senator Yeckel offered Senate Resolution No. 1443, regarding Megan Shipley, Fenton, which was adopted.

Senator Yeckel offered Senate Resolution No. 1444, regarding Jacqueline Sue Schepers, Fenton, which was adopted.

Senator Yeckel offered Senate Resolution No. 1445, regarding Lauren Elizabeth Avery, Ellisville, which was adopted.

Senator Yeckel offered Senate Resolution No. 1446, regarding Dana Unger, Ferguson, which was adopted.

Senator Yeckel offered Senate Resolution No. 1447, regarding Michelle M. Irvin, Ballwin, which was adopted.

Senator Vogel offered Senate Resolution No. 1448, regarding Ethan King, Jefferson City, which was adopted.

Senator Vogel offered Senate Resolution No. 1449, regarding Adam Replogle, Jefferson City, which was adopted.

Senator Bartle offered Senate Resolution No. 1450, regarding the Blue Springs High School Boys State Champion Swimming and Diving Team, Blue Springs, which was adopted.

INTRODUCTIONS OF GUESTS

On behalf of Senator Clemens and herself, Senator Champion introduced to the Senate, Dr. Anson Elliott, Dr. Bruce Johnson, Chris Eggerman and Kara Hawkins, Springfield.

Senator Yeckel introduced to the Senate, Bill Steis, and his son, Tommy, St. Louis; and Tommy was made an honorary page.

Senator Kinder introduced to the Senate, Mark Bowles, Pete Frazier, Trish Schneider, Scott Sanders, Pat Renard and Cheryl Smith, Cape Girardeau.

Senator Foster introduced to the Senate, Ben Counts, Brenton Miller, Terry Smith and John Hayes from Caruthersville Middle School, Caruthersville.

Senator Russell introduced to the Senate, Howell Valley R-I Parents as Teachers, Gail Miller, Lebanon; and Casus and Helen Baird, West Plains.

Senator Russell introduced to the Senate, Kathy Baker and Nancy Grimm, Plato R-V School Parents as Teachers; and Nancy was made an honorary page.

Senator Kinder introduced to the Senate, Lynn Davis, Mike Miles, Dorothy Hutcheson, Karen Hanor, Brandon Gregory and Donna Smith, teachers from East Prairie School District.

Senator Russell introduced to the Senate, Kim Light, Lesli Reid, Lance Boyer and Craig Curry, Lebanon; and Angie Atkinson, Conway.

Senator Mathewson introduced to the Senate, students from Brunswick and Salisbury Schools; and Allison Kays, Jenny Miller, Keli Miller and Kimberly Heishman were made honorary pages.

Senator Yeckel introduced to the Senate, Gayle Merz and twenty fifth grade students from St. Catherine Laboure School, St Louis; and Jennie Doder, Rachel Minton, Kelsey Byland and Brittany Weiss were made honorary pages.

Senator Yeckel introduced to the Senate, Barb Ehlen and Debbie Moore, Mehlville School District Parents as Teachers, St. Louis.

Senator Caskey introduced to the Senate, thirty students, faculty and parents from Central Missouri State University, Warrensburg.

Senator Kennedy introduced to the Senate, Dr. Daniel Armbruster, St. Louis.

Senator Griesheimer introduced to the Senate, Nancy Hotze, Linda Pahl, Chrissy Meininger, Jean Dupre and Elizabeth Verharst, Meramec Valley R-III, Pacific; and Julie Jensen and Debra Smith McCutchen, Wildwood.

Senator Klindt introduced to the Senate, Arley Larson, Lacy Friedrich, Kim Weis, Chris Newton, Jason Vandivort, Jake Vossenkemper and Amanda Bohannon, Northwest Missouri State University, Maryville.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Erik J. Lindbloom, M.D., Columbia.

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

SENATE CALENDAR

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THIRTY-SECOND DAY-WEDNESDAY, MARCH 3, 2004

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS