Journal of the Senate

SECOND REGULAR SESSION

THIRTY-SEVENTH DAY--TUESDAY, MARCH 12, 2002

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"For the Lord gives his people justice and shows compassion to his servants." (Psalm 135:14)

Gracious Lord, we give You thanks for Your compassion towards us and the example You set for us that we might likewise be supportive of our staff and show compassion and appreciation for the work they do for us and the people of Missouri. Bless our Senate staff as we seek to please You and serve only You. 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 KOMU-TV were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Loudon offered Senate Resolution No. 1204, regarding Gregory Alan Stroud, Chesterfield, which was adopted.

Senator Loudon offered Senate Resolution No. 1205, regarding One Hundred Twenty-fifth Anniversary of the St. Louis Association of Realtors, which was adopted.

Senator Loudon offered Senate Resolution No. 1206, regarding Eugene L. Roessler, St. Charles, which was adopted.

Senator Loudon offered Senate Resolution No. 1207, regarding David J. Pacino, Chesterfield, which was adopted.

Senator Loudon offered Senate Resolution No. 1208, regarding Robert E. Kenny, DDS, Town and Country, which was adopted.

Senator Kenney offered Senate Resolution No. 1209, regarding Matthew Stephen "Matt" Neff, Lee's Summit, which was adopted.

Senator Gross offered Senate Resolution No. 1210, regarding Nicholas J. "Nick" Marler, St. Peters, which was adopted.

THIRD READING OF SENATE BILLS

SB 1004, with SCA 1, introduced by Senator Loudon, entitled:

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to health insurance.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Loudon, SB 1004, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 1106, with SCS, introduced by Senator Klarich, entitled:

An Act to repeal section 370.061, RSMo, relating to credit union commissioners, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 1106, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1106

An Act to repeal sections 370.061 and 370.120, RSMo, relating to credit union commissioners, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Klarich moved that SCS for SB 1106 be adopted, which motion prevailed.

On motion of Senator Klarich, SCS for SB 1106 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 962, introduced by Senator Wiggins, entitled:

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.

Was called from the Consent Calendar and taken up.

On motion of Senator Wiggins, SB 962 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Russell moved that SB 641 and SB 705, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 641 and 705, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 641 and 705

An Act to repeal section 105.510, RSMo, and to enact in lieu thereof one new section relating to union membership.

Was taken up.

Senator Klarich assumed the Chair.

Senator Russell moved that SCS for SBs 641 and 705 be adopted.

Senator Staples requested a roll call vote be taken on the adoption of SCS for SBs 641 and 705 and was joined in his request by Senators Childers, Goode, Quick and Stoll.

President Maxwell assumed the Chair.

Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 641 and 705, Page 1 and 2, Section 105.510, Line 16 and 19, by inserting after the word "organization" the following: "unless the bargaining unit was approved by a majority of the members of the bargaining unit. "Members" shall consist of all employees in the bargaining unit".

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators DePasco, Caskey, Jacob and Wiggins.

SA 1 failed of adoption by the following vote:

Senator Schneider offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 641 and 705, Page 2, Section 105.510, Line 27, by striking the words: "and their staffs" and substitute: "and up to two confidential assistants as they may designate.".

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Caskey, Goode, Mathewson and Stoll.

At the request of Senator Russell, SB 641 and SB 705, with SCS and SA 2 (pending), were placed on the Informal Calendar.

SECOND READING OF SENATE BILLS

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

SB 1267--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1268--Transportation.

SB 1269--Agriculture, Conservation, Parks and Tourism.

SB 1270--Transportation.

SB 1271--Financial and Governmental Organization, Veterans' Affairs and Elections.

SB 1272--Commerce and Environment.

SB 1273--Commerce and Environment.

SB 1274--Ways and Means.

SB 1275--Ways and Means.

SB 1276--Judiciary.

SB 1277--Judiciary.

SB 1278--Civil and Criminal Jurisprudence.

SB 1280--Pensions and General Laws.

SJR 38--Agriculture, Conservation, Parks and Tourism.

SJR 39--Ways and Means.

SJR 40--Transportation.

REFERRALS

President Pro Tem Kinder referred the Gubernatorial Appointments, appearing on pages 508 and 509 of the Senate Journal for Monday, March 11, 2002, to the Committee on Gubernatorial Appointments.

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

RECESS

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

RESOLUTIONS

Senator Cauthorn offered Senate Resolution No. 1211, regarding the Macon County Cattlemen, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1212, regarding the Seventy-fourth Birthday of Edith V. Schmuck, Steffenville, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1213, regarding the Missouri Junior Simmental Association, Springfield, which was adopted.

Senator Kennedy offered Senate Resolution No. 1214, regarding Marie Lammert, St. Louis, which was adopted.

Senator Westfall offered Senate Resolution No. 1215, regarding Jared Robinson, Republic, which was adopted.

Senator Westfall offered Senate Resolution No. 1216, regarding Stephanie Black, Republic, which was adopted.

CONCURRENT RESOLUTIONS

Senator Childers moved that SCR 47, with SCS, be taken up for 3rd reading and final passage, which motion prevailed.

SCS for SCR 47 was taken up.

Senator Childers moved that SCS for SCR 47 be adopted.

Senator Childers offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Concurrent Resolution No. 47, Page 479 of the Senate Journal for Thursday, March 7, 2002, Column 2, Line 30 of said column, by striking "twenty-three" and inserting in lieu thereof the following: "twenty-seven".

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

President Maxwell assumed the Chair.

Senator Childers moved that SCS for SCR 47, as amended, be adopted, which motion prevailed.

On motion of Senator Childers, SCS for SCR 47, as amended, was read the 3rd time and passed by the following vote:

The President declared the concurrent resolution passed.

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

Senator Childers moved that the vote by which the concurrent resolution passed be reconsidered.

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

Senator Cauthorn moved that SCR 44 be taken up for adoption, which motion prevailed.

On motion of Senator Cauthorn, SCR 44 was adopted by the following vote:

Senator Dougherty moved that SCR 46 be taken up adoption, which motion prevailed.

On motion of Senator Dougherty, SCR 46 was adopted by the following vote:

Senator Bentley moved that SCR 36 be taken up for adoption, which motion prevailed.

On motion of Senator Bentley, SCR 36 was adopted by the following vote:

Senator Cauthorn moved that SCR 53, with SCS, be taken up for adoption, which motion prevailed.

SCS for SCR 53 was taken up.

Senator Cauthorn moved that SCS for SCR 53 be adopted, which motion prevailed.

On motion of Senator Cauthorn, SCR 53, as amended by the SCS, was adopted by the following vote:

SENATE BILLS FOR PERFECTION

Senator Westfall moved that SB 970, SB 968, SB 921, SB 867, SB 868 and SB 738, with SCS, SS for SCS, SS for SS for SCS and SA 19 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 19 was again taken up.

At the request of Senator Caskey, the above amendment was withdrawn.

Senator Westfall moved that SS for SS for SCS for SBs 970, 968, 921, 867, 868 and 738, as amended, be adopted, which motion prevailed.

On motion of Senator Westfall, SS for SS for SCS for SBs 970, 968, 921, 867, 868 and 738, as amended, was declared perfected and ordered printed.

Senator Westfall moved that SB 721, SB 757, SB 818 and SB 930, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 721, 757, 818 and 930, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 721, 757, 818 and 930

An Act to repeal sections 300.075, 300.080, 300.100, 300.105, 300.110, 300.125, 300.160, 300.215, 300.300, 300.348, 300.350, 300.585, 300.595, 302.130, 304.022, 304.027, 575.010 and 575.150, RSMo, relating to the regulation of traffic offenses, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Westfall moved that SCS for SBs 721, 757, 818 and 930 be adopted.

Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 12, Section 304.028, Line 27, by inserting after all of said line the following:

"304.220. 1. Whenever the county highway engineer of any county, or in any county in which there shall be no highway engineer, such other officer as the county commission may designate, shall find that any county road or bridge of such county is in such a condition that use thereof by vehicles of the weights specified in section 304.180, will endanger the road or bridge, or the users thereof, the county highway engineer may [with the approval of the division engineer of the state transportation department whose division includes the area in question] establish maximum weight limits for vehicles using such road or bridge in such amounts as will preserve the road or bridge and provide a reasonable margin of safety to the users thereof. Notice of any such weight limit established shall be given by posting signs at convenient and public places along any such road, and in conspicuous places at each end of any such bridge.

2. It shall be unlawful for any person to operate a vehicle of a weight in excess of the maximum limit established pursuant to the provisions of this section on or over any road or bridge upon which such maximum weight limits have been established unless the person shall have the express permission of the officer empowered to establish such limit.

3. Any person who shall violate the provisions of this section shall be guilty of a class C misdemeanor, and shall be liable in a civil action for any damages to the road or bridge."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 12, Section 304.028, Line 27, by inserting after all of said line the following:

"304.351. 1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.

2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn.

3. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

4. (1) The state highways and transportation commission with reference to state highways and local authorities with reference to other highways under their jurisdiction may designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersection.

[(1)] (2) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in this section:

(a) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

(b) The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such traffic is moving across or within the intersection.

5. The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.

6. The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

7. The state highways and transportation commission or local authorities with respect to roads under their respective jurisdictions, on any section where construction or major maintenance operations are being effected, may fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of section 304.010.

8. Notwithstanding the provisions of section 304.361, violation of this section shall be deemed a class C misdemeanor.

9. In addition to the penalty specified in subsection 8 of this section any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused physical injury shall be assessed a court cost of two hundred dollars and shall have their driver's license, commercial driver's license, permit, or nonresident operating privilege suspended for a period of thirty days.

10. In addition to the penalty specified in subsection 8 of this section any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused serious physical injury shall be assessed a court cost of five hundred dollars and shall have their driver's license, commercial driver's license, permit, or nonresident operating privilege suspended for a period of ninety days.

11. In addition to the penalty specified in subsection 8 of this section any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused a fatality shall be assessed a court cost of one thousand dollars and shall have their driver's license, commercial driver's license, permit, or nonresident operating privilege suspended for a period of six months.

12. Notwithstanding the provisions of any other law to the contrary all court costs collected pursuant to subsections 9, 10, and 11 of this section shall be deposited in the motorcycle safety trust fund established under section 302.137, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Kenney offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 8, Section 302.130, Line 93, by inserting after all of said line the following:

"304.001. As used in this chapter and chapter 307, RSMo, the following terms shall mean:

(1) "Abandoned property", any unattended motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property as provided in sections 304.155 and 304.157, whether or not operational or any motor vehicle involved in an accident whereby a law enforcement official requests such vehicle to be removed from the scene because the operator or owner is unable to arrange for the abandoned property's timely removal;

(2) "Commercial vehicle enforcement officers", employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to enforce the laws, rules, and regulations pertaining to commercial vehicles, trailers, special mobile equipment and drivers of such vehicles;

(3) "Commercial vehicle inspectors", employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to supervise or operate permanent or portable weigh stations in the enforcement of commercial vehicle laws;

(4) "Commission", the state highways and transportation commission;

(5) "Department", the state transportation department;

(6) "Freeway", a divided state highway with four or more lanes, with no access to the throughways except the established interchanges and with no at-grade crossings;

(7) "Interstate highway", a state highway included in the national system of interstate highways located within the boundaries of Missouri, as officially designated or as may be hereafter designated by the state highways and transportation commission with the approval of the Secretary of Transportation, pursuant to Title 23, U.S.C., as amended;

(8) "Members of the patrol", the superintendent, lieutenant colonel, majors, captains, director of radio, lieutenants, sergeants, corporals and patrolmen of the Missouri state highway patrol;

(9) "Off-road vehicle", any vehicle designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland, or other natural terrain without benefit of a road or trail:

(a) Including, without limitation, the following:

a. Jeeps;

b. All-terrain vehicles;

c. Dune buggies;

d. Multiwheel drive or low-pressure tire vehicles;

e. Vehicle using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;

f. Motorcycles, trail bikes, minibikes and related vehicles;

g. Any other means of transportation deriving power from any source other than muscle or wind; and

(b) Excluding the following:

a. Registered motorboats;

b. Aircraft;

c. Any military, fire or law enforcement vehicle;

d. Farm-type tractors and other self-propelled equipment for harvesting and transporting farm or forest products;

e. Any vehicle being used for farm purposes, earth moving, or construction while being used for such purposes on the work site;

f. Self-propelled lawnmowers, or lawn or garden tractors, or golf carts, while being used exclusively for their designed purpose; and

g. Any vehicle being used for the purpose of transporting a handicapped person;

(10) "Person", any natural person, corporation, or other legal entity;

(11) "Right-of-way", the entire width of land between the boundary lines of a state highway, including any roadway;

(12) "Roadway", that portion of a state highway ordinarily used for vehicular travel, exclusive of the berm or shoulder;

(13) "State highway", a highway constructed or maintained by the state highways and transportation commission with the aid of state funds or United States government funds, or any highway included by authority of law in the state highway system, including all right-of-way;

(14) "Towing company", any person or entity which tows, removes or stores abandoned property;

(15) "Urbanized area", an area with a population of fifty thousand or more designated by the Bureau of the Census, within boundaries to be fixed by the state highways and transportation commission and local officials in cooperation with each other and approved by the Secretary of Transportation. The boundary of an urbanized area shall, at a minimum, encompass the entire urbanized area as designed by the Bureau of the Census."; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 12, Section 304.028, Line 27, by inserting after all of said line the following:

"388.640. All railroad [policemen] peace officers who become employed after September 28, 1971, shall, before appointment, [attend a law enforcement training course] be a licensed peace officer in accordance with the provisions of chapter 590, RSMo, and upon payment by his railroad of such reasonable fees as the director or managing officer of such school shall fix."; and

Further amend the title and enacting clause accordingly.

Senator Singleton moved that the above amendment be adopted.

Senator Westfall raised the point of order that SA 4 is out of order as the amendment goes beyond the intent and scope of the bill.

The point of order was referred to the President Pro Tem who ruled it well taken.

Senator Singleton raised the point of order that SCS for SBs 721, 757, 818 and 930 is out of order as it goes beyond the scope of the original underlying legislation.

The point of order was referred to the President Pro Tem who ruled it not well taken.

Senator DePasco offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 12, Section 304.028, Line 27 by inserting after all of said line the following:

"304.190. 1. No motor vehicle, unladen or with load, operating exclusively within the corporate limits of cities containing seventy-five thousand inhabitants or more or within two miles of the corporate limits of the city or within the commercial zone of the city shall exceed fifteen feet in height.

2. No motor vehicle operating exclusively within any said area shall have a greater weight than twenty-two thousand four hundred pounds on one axle.

3. The "commercial zone" of the city is defined to mean that area within the city together with the territory extending one mile beyond the corporate limits of the city and one mile additional for each fifty thousand population or portion thereof provided, however, the commercial zone surrounding a city not within a county shall extend eighteen miles beyond the corporate limits of any such city not located within a county and shall also extend throughout any first class charter county which adjoins that city; further, provided, however, the commercial zone of a city with a population of at least four hundred thousand inhabitants but not more than four hundred fifty thousand inhabitants shall extend [twelve] fifteen miles beyond the corporate limits of any such city. In no case shall the commercial zone of a city be reduced due to a loss of population. The provisions of this section shall not apply to motor vehicles operating on the interstate highways in the area beyond two miles of a corporate limit of the city unless the United States Department of Transportation increases the allowable weight limits on the interstate highway system within commercial zones. In such case, the mileage limits established in this section shall be automatically increased only in the commercial zones to conform with those authorized by the United States Department of Transportation.

4. Nothing in this section shall prevent a city, county, or municipality, by ordinance, from designating the routes over which such vehicles may be operated."; and

Further amend the title and enacting clause accordingly.

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

Senator Steelman offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 12, Section 304.028, Line 27, by inserting after all of said line the following:

"307.205. 1. For the purposes of this section, "electric personal assistive mobility device" (EPAMD) shall mean a self-balancing, two nontandem wheeled device, designed to transport only one person, with an electric propulsion system with an average power of seven hundred fifty watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy pounds, is less than twenty miles per hour.

2. An electric personal assistive mobility device may be operated upon a street, highway, sidewalk, and bicycle path. Every person operating such a device shall be granted all of the rights and be subject to all of the duties applicable to a pedestrian pursuant to chapter 304, RSMo.

3. Persons under sixteen years of age shall not operate an electric personal assistive mobility device, except for an operator with a mobility-related disability.

4. An electric personal assistive mobility device shall be operated only on roadways with a speed limit of forty-five miles per hour or less. This shall not prohibit the use of such device when crossing roadways with speed limits in excess of forty-five miles per hour.

307.207. Every electric personal assistive mobility device (EPAMD) when in use on a roadway during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with the following:

(1) A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred feet;

(2) A rear-facing red reflector, at least two square inches in reflective surface area, or a rear-facing red lamp, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred feet.

307.209. Every person operating an electric personal assistive mobility device (EPAMD) at less than the posted speed or slower than the flow of traffic upon a street or highway shall ride as near to the right side of the roadway as safe, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when making a left turn, when avoiding hazardous conditions, when the lane is too narrow to share with another vehicle, or when on a one-way street.

307.211. Any person seventeen years of age or older who violates any provision of sections 307.205 to 307.211 is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than twenty-five dollars. Such an infraction does not constitute a crime and conviction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. If any person under seventeen years of age violates any provision of section 307.205 to 307.211 in the presence of a peace officer possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, said officer may impound the electric personal assistive mobility device (EPAMD) involved for a period not to exceed five days upon issuance of a receipt to the child riding it or to its owner."; and

Further amend said title, enacting clause and intersectional references accordingly.

Senator Steelman moved that the above amendment be adopted.

Senator Westfall requested a roll call vote be taken on the adoption of SA 6 and was joined in his request by Senators Bentley, Cauthorn, Staples and Steelman.

SA 6 was adopted by the following vote:

Senator Jacob offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 8, Section 302.130, Line 93, by inserting after all of said line the following:

"304.010. 1. As used in this section, the following terms mean:

(1) "Expressway", a divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which has crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway;

(2) "Freeway", a limited access divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which does not have any crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway within such ten miles of divided highway;

(3) "Rural interstate", that part of the federal interstate highway system that is not located in an urban area;

(4) "Urbanized area", an area of fifty thousand population at a density at or greater than one thousand persons per square mile.

2. Except as otherwise provided in this section, the uniform maximum speed limits are and no vehicle shall be operated in excess of the speed limits established pursuant to this section:

(1) Upon the rural interstates and freeways of this state, seventy miles per hour, except that no truck registered for a gross weight of more than forty-eight thousand pounds shall be operated in excess of sixty-five miles per hour upon the rural interstates and freeways of this state;

(2) Upon the rural expressways of this state, sixty-five miles per hour;

(3) Upon the interstate highways, freeways or expressways within the urbanized areas of this state, sixty miles per hour;

(4) All other roads and highways in this state not located in an urbanized area and not provided for in subdivisions (1) to (3) of this subsection, sixty miles per hour;

(5) All other roads provided for in subdivision (4) of this subsection shall not include any state two-lane road which is identified by letter. Such lettered roads shall not exceed fifty-five miles per hour unless set at a higher speed as established by the department of transportation, except that no speed limit shall be set higher than sixty miles per hour;

(6) For the purposes of enforcing the speed limit laws of this state, it is a rebuttable presumption that the posted speed limit is the legal speed limit.

3. On any state road or highway where the speed limit is not set pursuant to a local ordinance, the highways and transportation commission may set a speed limit higher or lower than the uniform maximum speed limit provided in subsection 2 of this section, if a higher or lower speed limit is recommended by the department of transportation. The department of public safety, where it believes for safety reasons, or to expedite the flow of traffic a higher or lower speed limit is warranted, may request the department of transportation to raise or lower such speed limit, except that no speed limit shall be set higher than seventy miles per hour.

4. Notwithstanding the provisions of section 304.120 or any other provision of law to the contrary, cities, towns and villages may regulate the speed of vehicles on state roads and highways within such cities', towns' or villages' corporate limits by ordinance with the approval of the state highways and transportation commission. Any reduction of speed in cities, towns or villages shall be designed to expedite the flow of traffic on such state roads and highways to the extent consistent with public safety. The commission may declare any ordinance void if it finds that such ordinance is:

(1) Not primarily designed to expedite traffic flow; and

(2) Primarily designed to produce revenue for the city, town or village which enacted such ordinance.

If an ordinance is declared void, the city, town or village shall have any future proposed ordinance approved by the highways and transportation commission before such ordinance may take effect.

5. The county commission of any county of the second, third or fourth classification may set the speed limit or the weight limit or both the speed limit and the weight limit on roads or bridges on any county, township or road district road in the county and, with the approval of the state highways and transportation commission, on any state road or highway not within the limits of any incorporated city, town or village, lower than the uniform maximum speed limit as provided in subsection 2 of this section where the condition of the road or the nature of the area requires a lower speed. The commission shall send copies of any order establishing a speed limit or weight limit on roads and bridges on a county, township or road district road in the county to the chief engineer of the state department of transportation, the superintendent of the state highway patrol and to any township or road district maintaining roads in the county. After the roads have been properly marked by signs indicating the speed limits and weight limits set by the county commission, the speed limits and weight limits shall be of the same effect as the speed limits provided for in subsection [1] 2 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits and weight limits were established by state law.

6. All road signs indicating speed limits or weight limits shall be uniform in size, shape, lettering and coloring and shall conform to standards established by the department of transportation.

7. The provisions of this section shall not be construed to alter any speed limit set below fifty-five miles per hour by any ordinance of any county, city, town or village of the state adopted before March 13, 1996.

8. The speed limits established pursuant to this section shall not apply to the operation of any emergency vehicle as defined in section 304.022.

9. A violation of the provisions of this section shall not be construed to relieve the parties in any civil action on any claim or counterclaim from the burden of proving negligence or contributory negligence as the proximate cause of any accident or as the defense to a negligence action.

10. Any person violating the provisions of this section is guilty of a class C misdemeanor, unless such person was exceeding the posted speed limit by twenty miles per hour or more then it is a class B misdemeanor.

11. As used in this section, the word "truck" means any vehicle, machine, tractor, trailer or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways. The term "truck" also includes a commercial motor vehicle as defined in section 301.010, RSMo.

12. (1) The operator of any truck registered for a gross weight of more than forty-eight thousand pounds operating such vehicle at a speed in excess of sixty-five miles per hour shall be fined one hundred dollars for every five-mile increment in which the operator exceeds sixty-five miles per hour.

(2) The fine provided for in this subsection is in addition to all other fines and court costs imposed for the speeding violation."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

Senator Childers assumed the Chair.

Senator Schneider offered SA 1 to SA 7, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 7

Amend Senate Amendment No. 7 to Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 5, Section 304.010, Lines 15 to 19, by striking said lines and substitute: "not be assessed points unless operating at more than five miles per hour above said speed".

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

SA 7, as amended, was again taken up.

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 House, Mathewson, Singleton and Westfall.

SA 7, as amended, failed of adoption by the following vote:

Senator House offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 8, Section 302.130, Line 93, by inserting after all of said line the following:

"302.321. 1. A person commits the crime of driving while revoked if he operates a motor vehicle on a highway when his license or driving privilege has been canceled, suspended or revoked [under the laws of this state] and acts with criminal negligence with respect to knowledge of the fact that his driving privilege has been canceled, suspended or revoked.

2. Any person convicted of driving while revoked is guilty of a class A misdemeanor. Any person with no prior alcohol-related enforcement contacts as defined in section 302.525, convicted a fourth or subsequent time of driving while revoked and any person with a prior alcohol-related enforcement contact as defined in section 302.525, convicted a third or subsequent time of driving while revoked is guilty of a class D felony. No court shall suspend the imposition of sentence as to such a person nor sentence such person to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until he has served a minimum of forty-eight consecutive hours of imprisonment, unless as a condition of such parole or probation, such person performs at least ten days involving at least forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. Driving while revoked is a class D felony on the second or subsequent conviction pursuant to section 577.010, RSMo, or a fourth or subsequent conviction for any other offense."; and

Further amend the title and enacting clause accordingly.

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

Senator Gibbons offered SA 9, which was read:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for Senate Bills Nos. 721, 757, 818 and 930, Page 14, Section 575.150, Lines 25-27, by deleting all of the brackets and bold face language in said lines and inserting an opening bracket "[" immediately before the numeral "4" on line 25 and a closing bracket "]" at the end of line 27, and insert in lieu thereof the following: "5. Resisting or interfering with an arrest for a felony is a class D felony; otherwise, resisting or interfering with an arrest, detention or stop is a class A misdemeanor.".

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

Senator Westfall moved that SCS for SBs 721, 757, 818 and 930, as amended, be adopted, which motion prevailed.

On motion of Senator Westfall, SCS for SBs 721, 757, 818 and 930, as amended, was declared perfected and order printed.

REPORTS OF STANDING COMMITTEES

Senator Klarich, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President: Your Committee on Judiciary, to which was referred SB 631, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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 1260, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 1163, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 1243, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Gross, Chairman of the Committee on Pensions and General Laws, submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 1119, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 1124, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

Senator DePasco offered Senate Resolution No. 1217, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs Ralph E. Tetlow, Kansas City, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Amanda McKay, Sullivan; Lisa Coombes, Wildwood; and Jessica Nelson, Eureka.

Senator Staples introduced to the Senate, Pat Henson and seventh and eighth grade students from Bellview School, Iron County; and Por'sha James, Brandon Klinsbeck and Tyler Green were made honorary pages.

Senator Gibbons introduced to the Senate, Mary LaBarge, Webster Groves.

Senator Westfall introduced to the Senate, Kristy Gray and Kara Weber, Greene County.

Senator Caskey introduced to the Senate, Mike Bersin and Joan Ferguson, Warrensburg.

Senator Steelman introduced to the Senate, Judy Miller and 17 first grade students from Chamois.

Senator Kennedy introduced to the Senate, Monika Parafiniuk and Donna Baringer, St. Louis.

Senator Klindt introduced to the Senate, Jessica Morgan and Savanna Whitt, Chillicothe; and Jessica and Savanna were made honorary pages.

Senator Bentley introduced to the Senate, Sue Phillips and Amy, Emily and Lauren Burwell, Springfield; and Emily and Lauren were made honorary pages.

Senator Stoll introduced to the Senate, Andy Bingham, Tom Nesselhauf, Jared Brown, Karen Biehle and 90 ninth grade students from Festus High School, Festus.

Senator Wiggins introduced to the Senate, Charles and Paula Smith and their son, Greg, South Kansas City.

Senator Loudon introduced to the Senate, students from Garrett Elementary School, Hazelwood; and James Lucus, Jacob Mabry, Chelsie Knapp and Stephanie Eilers were made honorary pages.

Senator Stoll introduced to the Senate, Mayor Frank Roland and members of the Hillsboro Chamber of Commerce.

Senator Mathewson introduced to the Senate, 60 eighth grade students from Salisbury R-4 School, Salisbury; and Samantha Elson, Laura Tebbenkamp, Clifford Fonger and Nick McCune were made honorary pages.

Senator Caskey introduced to the Senate, Joyce Johnson and 85 fourth grade students and sponsors from Whiteman Elementary School, Knob Noster; and Angela Howard, Kristen Childers, Alexis Sparks, Amy Johnson and Ryan Chabotte were made honorary pages.

Senator Kenney introduced to the Senate, Jeanie, Meagan and Tori Helstrom, Olathe, Kansas; and Meagan and Tori were made honorary pages.

Senator Stoll introduced to the Senate, Rob and Holly Snyder, and their daughter, Samantha Jo, Arnold; and Samantha Jo was made an honorary page.

Senator Stoll introduced to the Senate, Stephen Weber, Columbia.

Senator Bentley introduced to the Senate, General Fred Marty and Judge Nancy Rahmeyer, Springfield.

Senator Rohrbach introduced to the Senate, his wife, Beth, and their daughter, Eva, California.

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

SENATE CALENDAR

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THIRTY-EIGHTH DAY-WEDNESDAY, MARCH 13, 2002

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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