Journal of the Senate

SECOND REGULAR SESSION

SIXTH DAY--THURSDAY, JANUARY 17, 2002

Senator Klarich in the Chair.

Reverend Carl Gauck offered the following prayer:

Heavenly Father, You are the God of our ancestors and the God of generations yet unborn. Help us open our eyes so that we may recognize the gifts of our spiritual heritage and the promise of our future in You. Bless us this weekend as we and our loved ones seek Your presence and grow stronger in our faith. And watch our "going out and coming in". 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:

RESOLUTIONS

Senators Mathewson and Sims offered Senate Resolution No. 910, regarding Maureen E. Dempsey, M.D., Jefferson City, which was adopted.

Senator Yeckel offered Senate Resolution No. 911, regarding Donna Matuszak, St. Louis County, which was adopted.

Senators Gibbons and Yeckel offered Senate Resolution No. 912, regarding Miss Victoria Williams, St. Louis, which was adopted.

Senator Kenney offered the following resolution:

SENATE RESOLUTION NO. 913

WHEREAS, the Administration Committee is required by law to establish the rates of pay each year, and

WHEREAS, such rates of pay are to be the same as those established under the policies of the Personnel Division of the Office of Administration for comparable duties after examination of the rates of pay then in effect, and

WHEREAS, the rates of pay established shall become effective in January.

NOW, THEREFORE, BE IT RESOLVED by the Committee on Administration that the number, classification and rates of pay authorized for employees of the Senate shall include one department director, two deputy department directors, and seven division level directors to be compensated according to Office of Administration guidelines; and the following authorized employees at rates of pay within the ranges hereby established.

MONTHLY

NO. CLASSIFICATION SALARY RANGE

6 Staff Attorney II 3,001 - 4,554

1 Senior Staff Attorney 3,763 - 5,419

2 Research Analyst II 3,001 - 4,554

1 Investigator 2,773 - 4,181

7 Research Staff Secretary 2,287 - 3,925

6 Budget Research Analyst II 3,001 - 4,554

1 Economist 3,001 - 4,554

4 Assistant Secretary of Senate 2,466 - 3,609

5.5 Enrolling & Engrossing Clerk 2,011 - 3,001

1 Billroom Supervisor 2,011 - 2,887

1 Billroom Clerk 1,647 - 2,193

3 Public Information Specialist I 2,011 - 2,887

3 Public Information Specialist II 2,287 - 3,323

0.5 Photographer 2,139 - 3,366

3 Administrative Assistant 1,500 - 5,723

1 Executive Assistant 1,500 - 5,598

1 Telecommunications Coordinator 2,565 - 3,763

3.5 Accounting Specialist 2,374 - 3,463

9 Administrative Secretary 2,287 - 3,925

5 Clerical Assistant 1,800 - 3,190

1 Messenger 1,563 - 2,115

1 Data Control Coordinator 2,374 - 3,463

3 Computer Info. Technology Spec. II 3,345 - 5,662

1 Computer Info. Technology Spec. III 3,489 - 5,921

1 Computer Info. Technologist III 2,916 - 4,554

1 Network/Communications Specialist 3,059 - 4,966

4 Computer Operator III 2,287 - 3,323

3 Data Entry Operator III 1,748 - 2,420

3 Composing Equipment Operator III 1,939 - 3,001

1 Mailroom Supervisor 2,011 - 2,887

1 Mailroom Clerk 1,289 - 1,617

1 Printing Services Technician I 1,511 - 2,005

3 Printing Services Technician II 1,706 - 2,322

3 Printing Services Technician III 1,873 - 2,615

1 Printing Services Technician IV 2,011 - 2,887

1 Maintenance Supervisor 2,123 - 3,001

1 Carpenter II 2,011 - 2,887

4.5 Custodian II 1,395 - 2,322

2 Custodian III 1,748 - 2,420

2 Maintenance Worker 1,748 - 2,420

1 Sergeant at Arms (Elected) 2,287 - 3,323

0.5 Doorkeeper (Elected) 1,451 - 2,172

3.5 Assistant Doorkeeper 1,371 - 1,766

0.5 Reading Clerk 1,371 - 1,766

0.5 Chaplain 500 - 915

2 Security Guard 1,500 - 2,615

BE IT FURTHER RESOLVED that the Senate Administration Committee is authorized to establish a formula setting forth the maximum amount which may be expended by each Senator for the employment of Administrative and Clerical Assistants. Each Senator will be notified of the funds available, and shall thereafter certify to the Senate Administrator the names and addresses of Administrative and Clerical Assistants. The compensation paid to the Senators' administrative and clerical assistants shall be within the limits of the categories set forth hereinabove.

BE IT FURTHER RESOLVED that the Senate Administrator, with the approval of the Senate Administration Committee, shall have the authority to cooperate and coordinate with the Chief Clerk of the House in the selection of employees, who shall be assigned to the garage, Joint Committee Staffs and the rotunda area, and who will be paid from the Joint House and Senate Contingent Fund, within the limits of the categories set out above.

BE IT FURTHER RESOLVED that the Committee on Administration has the authority to reduce, combine or consolidate positions and salaries where necessary to meet changed conditions or circumstances which arise, and may enter into contracts with consultants, provided such consultant's contract fee does not exceed the salary for the comparable position, and such consultant shall count as an employee of the Senate.

BE IT FURTHER RESOLVED that the Senate Administration Committee is authorized to adjust the foregoing pay ranges in July to reflect implementation of the state pay plan for FY 2003.

INTRODUCTION OF BILLS

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

SB 961-By Wiggins, Kenney, DePasco, Quick and Bland.

An Act to repeal sections 86.370, 86.398, 86.447, 86.600, 86.671, and 86.745, RSMo, and to enact in lieu thereof eight new sections relating to police retirement systems.

SB 962-By Wiggins.

An Act to repeal section 115.507, RSMo, relating to the certification of election results, and to enact in lieu thereof one new section relating to the same subject.

SB 963-By DePasco.

An Act to repeal sections 144.010, 144.020, 144.030, 144.036, 144.039, 144.041, 144.043, 144.044, 144.045, 144.046, 144.047, 144.048, 144.062, 144.514, 144.517, 144.518, 144.805, 144.809, 144.811, 144.815, 209.255, 306.016 and 313.821, RSMo, relating to sales and use taxes, and to enact in lieu thereof twenty-one new sections relating to the same subject, with a referendum clause.

SB 964-By DePasco.

An Act to amend chapter 407, RSMo, by adding thereto one new section relating to cigarette retailers.

SB 965-By Stoll.

An Act to amend chapter 338, RSMo, by adding thereto one new section relating to the state board of pharmacy.

SB 966-By Kennedy.

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

SB 967-By Kennedy, House and Dougherty.

An Act to repeal section 84.160, RSMo, relating to police officers, and to enact in lieu thereof one new section relating to the same subject.

SB 968-By Westfall and Childers.

An Act to repeal sections 144.805, 155.080 and 305.230, RSMo, relating to aviation improve-ment, and to enact in lieu thereof three new sections relating to the same subject.

SB 969-By Westfall and Bentley.

An Act to repeal sections 558.011, 558.018, 558.019, 566.030 and 566.060, RSMo, relating to sexual offenses, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

SB 970-By Westfall, Goode, Russell, Cauthorn and Klindt.

An Act to repeal sections 142.803 and 227.100, RSMo, relating to transportation, and to enact in lieu thereof three new sections relating to the same subject.

SB 971-By Klindt, Cauthorn, Steelman and Foster.

An Act to amend chapter 640, RSMo, by adding thereto two new sections relating to environmental regulation.

SB 972-By Klindt, Cauthorn, Steelman and Foster.

An Act to repeal sections 348.430 and 348.432, RSMo, relating to new generation cooperatives, and to enact in lieu thereof two new sections relating to the same subject.

SB 973-By Klindt, Cauthorn, Childers, Steelman and Foster.

An Act to amend chapter 640, RSMo, by adding thereto one new section relating to the establishment of the Missouri biomass technology commission, with an expiration date.

SB 974-By Childers and Westfall.

An Act to repeal section 304.200, RSMo, relating to length limitations on certain vehicles, and to enact in lieu thereof one new section relating to the same subject.

SB 975-By Steelman, Bentley, Yeckel, Sims and Bland.

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to a temporary exemption from state and local sales and use tax on retail sales of clothing and school supplies before the start of the school year, with an emergency clause.

SB 976-By Steelman, Stoll, Wiggins, Staples, DePasco, Quick, Kennedy, Klarich, Mathewson, Klindt, Yeckel, Kenney, House and Kinder.

An Act to repeal section 191.400, RSMo, relating to the state board of health, and to enact in lieu thereof one new section relating to the same subject.

SB 977-By Quick.

An Act to amend chapter 650, RSMo, by adding thereto one new section relating to public safety officer death benefits.

SENATE BILLS FOR PERFECTION

Senator Yeckel moved that SB 727 and SB 703, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 727 and 703, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 727 and 703

An Act to repeal section 307.173, RSMo, and to enact in lieu thereof one new section relating to tinted windows, with a penalty provision and an emergency clause.

Was taken up.

Senator Yeckel moved that SCS for SBs 727 and 703 be adopted, which motion prevailed.

On motion of Senator Yeckel, SCS for SBs 727 and 703 was declared perfected and ordered printed.

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 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:

Benedict K. Zobrist, Ph.D., as a member of the State Historical Records Advisory Board;

Also,

John Blass and Donald Claycomb, as members of the Missouri Head Injury Advisory Council;

Also,

John Boyer, as a member of the Dam and Reservoir Safety Council;

Also,

Cynthia N. Brookshire, as a member of the Board of Geologist Registration;

Also,

James H. Buford, as a member of the St. Louis Regional Convention and Sports Complex Authority;

Also,

Colleen K. Conrad, as a member of the State Board of Accountancy;

Also,

G. Denise Cross, as a member of the Missouri Training and Employment Council;

Also,

H. Dwight Douglas, as a member of the Safe Drinking Water Commission;

Also,

Melinda K. Elmore, Melodie Friedebach, Sherry Hale, Glenda Kremer, Gregory Solum and Gary Stevens, as members of the Missouri Planning Council on Developmental Disabilities;

Also,

Lawrence Myles Gerstein, D.C., as a member of the Msisouri State Board of Chiropractic Examiners;

Also,

Wayne E. Giles, Ph.D., as a member of the Missouri Training and Employment Council;

Also,

Patrick M. Gleason, as a member of the Hazardous Waste Management Commission;

Also,

Jerome Glick, as a member of the Unmarked Human Burial Consultation Committee;

Also,

Karen M. Hamlet, as a public member of the Missouri Board of Occupational Therapy;

Also,

Richard Hanson, as a member of the Missouri State Employees' Voluntary Life Insurance Commission;

Also,

Rochelle L. Harris, Ph.D., and Laurel A. Kramer, Ph.D., as members of the State Committee of Psychologists;

Also,

Lisa E. Hosey, as a member of the Board of Geologist Registration;

Also,

Mark V. Kenney, as a member of the Missouri Community Service Commission;

Also,

Terrence G. Klamet, D.P.M., as a member of the State Board of Podiatric Medicine;

Also,

W. Dudley McCarter, as a member of the Children's Trust Fund Board;

Also,

Emmy L. McClelland, as a member of the Missouri Community Service Commission;

Also,

Carrie Lynn McCray and Kimberly J. McEnulty, as members of the Missouri State Committee of Interpreters;

Also,

Nolan McNeill, as a public member, and Joan R. Shores, as a member of the State Committee of Dieticians;

Also,

Kristine M. Moranville, as a member of the Missouri Board of Occupational Therapy;

Also,

John W. Newcomer, as a member of the Drug Utilization Review Board;

Also,

Michael C. Perry, as a member of the Organ Donation Advisory Committee;

Also,

Mary Hass Sheid, as a member of the Advisory Commission for Professional Physical Therapists;

Also,

Mark C. Toomey, as a member of the Missouri Genetic Advisory Committee;

Also,

James Bradford Willett, as a member of the Missouri Emergency Response 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.

SECOND READING OF SENATE BILLS

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

SB 801--Civil and Criminal Jurisprudence.

SB 802--Civil and Criminal Jurisprudence.

SB 803--Insurance and Housing.

SB 804--Local Government and Economic Development.

SB 805--Local Government and Economic Development.

SB 806--Local Government and Economic Development.

SB 807--Civil and Criminal Jurisprudence.

SB 808--Ways and Means.

SB 809--Ways and Means.

SB 810--Commerce and Environment.

SB 811--Education.

SB 812--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 813--Education.

SB 814--Civil and Criminal Jurisprudence.

SB 815--Insurance and Housing.

SB 816--Public Health and Welfare.

SB 817--Pensions and General Laws.

SB 818--Transportation.

SB 819--Judiciary.

SB 820--Ways and Means.

SB 821--Commerce and Environment.

SB 822--Insurance and Housing.

SB 823--Ways and Means.

SB 824--Ways and Means.

SB 825--Judiciary.

SB 826--Pensions and General Laws.

SB 827--Insurance and Housing.

SB 828--Aging, Families and Mental Health.

SB 829--Commerce and Environment.

SB 830--Aging, Families and Mental Health.

SB 831--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 832--Judiciary.

SB 833--Judiciary.

SB 834--Commerce and Environment.

SB 835--Aging, Families and Mental Health.

SB 836--Pensions and General Laws.

SB 838--Insurance and Housing.

SB 839--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 840--Pensions and General Laws.

SB 841--Insurance and Housing.

SB 842--Insurance and Housing.

SB 843--Insurance and Housing.

SB 844--Ways and Means.

SB 845--Commerce and Environment.

SB 848--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 849--Civil and Criminal Jurisprudence.

SB 850--Commerce and Environment.

SJR 22--Judiciary.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and 1,000 copies ordered printed:

SB 978-By Kinder.

An Act to repeal section 537.053, RSMo, relating to dram shop liability, and to enact in lieu thereof one new section relating to the same subject.

REPORTS OF STANDING COMMITTEES

Senator Kenney, 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 SCS for SBs 727 and 703, 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.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 2002

TO THE SENATE OF THE 91st 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:

Diane M. Benetz, Democrat, 6233 Northlake Drive, Parkville, Platte County, Missouri 64152, as a member of the Board of Regents for Linn State Technical College, for a term ending December 29, 2007, and until her successor is duly appointed and qualified; vice, Theresa Lademann, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 2002

TO THE SENATE OF THE 91st 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:

Douglas A. Brooks, Ph.D., Democrat, 3734 Chipmunk Drive, Joplin, Newton County, Missouri 64804, as a member of the Board of Regents for Missouri Southern State College, for a term ending August 30, 2007, and until his successor is duly appointed and qualified; vice, Jane B. Wyman, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 2002

TO THE SENATE OF THE 91st 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:

Dorothy S. Fryer, M.D., Republican, 25 Foreway Drive, St. Louis, St. Louis County, Missouri 63124, as a member of the State Board of Registration for the Healing Arts, for a term ending September 3, 2003, and until her successor is duly appointed and qualified; vice, Charles Gulick, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 2002

TO THE SENATE OF THE 91st 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:

Cheryl E. Grazier, 651 Hiddenwood Court, Jefferson City, Cole County, Missouri 65109, as Executive Director for the Missouri Women's Council, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Gale S. Kessler, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 2002

TO THE SENATE OF THE 91st 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:

Aubra A. Houchin, D.O., Republican, 4 Brantleigh Court, St. Charles, St. Charles County, Missouri 63301, as a member of the Missouri Board for Respiratory Care, for a term ending April 3, 2004, and until his successor is duly appointed and qualified; vice, Thomas Hancock, D.O., term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 2002

TO THE SENATE OF THE 91st 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:

LeRoy J. Kraemer, 106 Whitewater Drive, Manchester, St. Louis County, Missouri 63011, as a member of the State Board of Mediation, for a term ending October 25, 2003, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 2002

TO THE SENATE OF THE 91st 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:

Roger D. Shaw, Jr., Republican, HC 3, Box 60B, Birch Tree, Oregon County, Missouri 65438, as a public member of the Missouri Veterinary Medical Board, for a term ending August 16, 2005, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 2002

TO THE SENATE OF THE 91st 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:

Mary Hass Sheid, Democrat, 1913 Cambridge Circle, West Plains, Howell County, Missouri 65775, as a member of the Board of Governor's for Southwest Missouri State University, for a term ending January 1, 2007, and until her successor is duly appointed and qualified; vice, Allison M. Smith, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

RESOLUTIONS

Senator Wiggins offered Senate Resolution No. 914, regarding Dr. Richard Davis, M.D., Kansas City, which was adopted.

Senators Wiggins, Mathewson, Russell, Kinder, DePasco, Quick, Kenney, Klindt and Sims offered Senate Resolution No. 915, regarding Sergeant First Class Michael McElhiney, Tennessee, which was adopted.

Senator Wiggins offered Senate Resolution No. 916, regarding the death of Theodore Frederick Ismert, Raymore, which was adopted.

Senator Wiggins offered Senate Resolution No. 917, regarding the death of David R. Ritz, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 918, regarding the death of Rae J. Fleming, Kansas City, which was adopted.

COMMUNICATIONS

Senator Quick submitted the following:

January 16, 2002

Ms. Terry Spieler

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

This is to inform you that I have appointed Senator Harry Kennedy

to the following Senate committees: Aging, Families and Mental Health, Civil and Criminal Jurisprudence, Gubernatorial Appointments, Insurance and Housing, Local Government and Economic Development, and Pensions and General Laws.

Sincerely,

/s/ Ed Quick

Edward E. Quick

Minority Floor Leader

Senator Gross, Co-Chair of the Joint Interim Committee on Telecommunications and Energy submitted the Committee's interim report. A copy is on file in the office of the Secretary of Senate.

INTRODUCTIONS OF GUESTS

Senator Kennedy introduced to the Senate, Michele Kratky, St. Louis.

Senator Steelman introduced to the Senate, Gerry Jones, Cape Girardeau.

Senator Kinder introduced to the Senate, Chris, Jordan and Emily Sheets, Cape Girardeau; and Jordan and Emily were made honorary pages.

Senator Gross introduced to the Senate, Joi Niedner, St. Charles.

On motion of Senator Kenney, the Senate adjourned until 4:00 p.m., Monday, January 21, 2002.

SENATE CALENDAR

______

SEVENTH DAY-MONDAY, JANUARY 21, 2002

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

HCS for HBs 1386 & 1038

THIRD READING OF SENATE BILLS

SCS for SBs 727 & 703-

Yeckel and Stoll

RESOLUTIONS