Journal of the Senate

FIRST REGULAR SESSION

TWENTY-SEVENTH DAY--TUESDAY, FEBRUARY 25, 2003

Senator Bartle in the Chair.

Reverend Carl Gauck offered the following prayer:

"Behold what manner of love the Father has bestowed upon us, that we should be called children of God!" (I John 3:1)

Heavenly Father, we are blessed and thankful that Your smile shines on each of us everyday as a father smiles on his children. May we honor Your love by our effort and the fruits of those efforts as we discern the needs of our fellow citizens and do what is right. 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.

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

RESOLUTIONS

Senator Jacob offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 214

WHEREAS, the Missouri General Assembly has compiled a long tradition of rendering assistance to those programs aimed at developing exemplary qualities of citizenship and leadership within our youth; and

WHEREAS, the Missouri Girls State program of the American Legion Auxiliary has earned considerable recognition for its success in providing young women with a unique and valuable insight into the process of democratic government through a format of direct role-playing experience; and

WHEREAS, during June 2003, the American Legion Auxiliary, Department of Missouri, is conducting the Sixty-Second annual session of Missouri Girls State; and

WHEREAS, an important highlight of this event would be conducting a mock legislative session in the Senate Chamber at our State Capitol where participants could gather to gain a more realistic insight into official governmental and electoral proceedings;

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-Second General Assembly, hereby grant the adult leaders and participants of the Sixty-Second Session of the Missouri Girls State permission to use the Senate Chamber for the purpose of swearing in mock legislative officials and conducting a mock legislative session on June 24, 2003.

Senator Caskey offered Senate Resolution No. 215, regarding the One Hundredth Birthday of Zara Louise Boals, Garden City, which was adopted.

Senator Shields offered Senate Resolution No. 216, regarding Matthew Alan Vanecek, which was adopted.

Senator Shields offered Senate Resolution No. 217, regarding William Barret Sims, which was adopted.

Senator Shields offered Senate Resolution No. 218, regarding Cody Edward Roth, which was adopted.

Senator Shields offered Senate Resolution No. 219, regarding Matthew Isidore Reyes, which was adopted.

Senator Shields offered Senate Resolution No. 220, regarding Joe Phillip Protenic, which was adopted.

Senator Shields offered Senate Resolution No. 221, regarding Andrew Joseph Gordon, which was adopted.

Senator Shields offered Senate Resolution No. 222, regarding Brandon Michael Kimble, which was adopted.

Senator Shields offered Senate Resolution No. 223, regarding Kevin "Max" Coldren, which was adopted.

Senator Shields offered Senate Resolution No. 224, regarding Carlin Owen Leslie, which was adopted.

Senator Shields offered Senate Resolution No. 225, regarding Stephen John Moore, which was adopted.

CONCURRENT RESOLUTIONS

Senator Dougherty offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 8

WHEREAS, Nathaniel J. "Nat" Rivers served the people of the City of St. Louis as a member of the Missouri House of Representatives beginning in 1969, and he continued to serve for the next fourteen years; and

WHEREAS, Nat Rivers was born in Cache, Illinois and educated at Sumner High School in Cairo, Illinois, Southern Illinois University at Carbondale and St. Louis University; and

WHEREAS, Nat Rivers, a real estate and insurance broker, was very active in his community, and served on the Board of Directors of Mid-City Rental Company, Union Sarah Community Corporation, West Side Redevelopment Corporation, West End Congress, Union-Sarah Economic Development Corporation and West Side Community Gardens; and

WHEREAS, Nat Rivers was recognized for his contributions to the St. Louis community through numerous awards, including the St. Louis Citizens Award in Community Service in 1979, the Harris-Stowe College Award in recognition for his concern for Higher Education and Human Development in 1978, and the Dr. Martin Luther King Jr. Human Rights Award in 1979; and

WHEREAS, such awards only begin to recognize Nat Rivers' true accomplishments and contributions to the citizens of St. Louis and the State of Missouri; and

WHEREAS, the most appropriate way to recognize an individual of Nat Rivers' stature is to name a public building after him; and

WHEREAS, the St. Louis Central Office of the Division of Workforce Development, located at 4811 Delmar Boulevard in the City of St. Louis, has no proper name; and

WHEREAS, this St. Louis Central Office provides much needed community services to persons in the St. Louis area, including job service and development, job corps, work opportunity and welfare-to-work information, job training assistance, veterans service and unemployment benefit information; and

WHEREAS, Nat Rivers' contributions and service to the community of St. Louis are exemplary and distinguished:

NOW, THEREFORE, BE IT RESOLVED that the Senate of the Ninety-second General Assembly, First Regular Session, the House of Representatives concurring therein, proclaims that the St. Louis Central Office of the Division of Workforce Development, located at 4811 Delmar Boulevard in the City of St. Louis, be hereby named the "Nathaniel J. "Nat" Rivers Office of the Division of Workforce Development", and that a sign or signs of appropriate size, lettering and design be constructed and placed on said office property with the name "Nathaniel J. "Nat" Rivers Office of the Division of Workforce Development" on said sign, which shall be readily legible from the street; and

BE IT FURTHER RESOLVED that the Director of the Department of Economic Development shall promptly notify those members of the General Assembly whose constituents are served by the Nathaniel J. "Nat" Rivers Office of the Division of Workforce Development, the Secretary of the Senate and the Chief Clerk of the House of Representatives with the date in which said sign or signs are to be placed on the property; and

BE IT FURTHER RESOLVED, that the Secretary of the Senate prepare properly inscribed copies of this resolution for the Director of the Department of Economic Development and the Office of Administration.

INTRODUCTION OF BILLS

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

SB 573-By Dougherty.

An Act to repeal sections 402.199, 402.200, 402.205, 402.215, and 402.217, RSMo, and to enact in lieu thereof five new sections relating to the Missouri family trust.

SB 574-By Days, Coleman and Kennedy.

An Act to amend chapter 160, RSMo, by adding thereto one new section relating to teacher salary supplements.

SB 575-By Kennedy and Coleman.

An Act to repeal section 84.140, RSMo, and to enact in lieu thereof one new section relating to St. Louis City police officers.

SB 576-By Vogel.

An Act to authorize the conveyance of property owned by the state in the county of Cole to the Missouri state penitentiary redevelopment commission.

SB 577-By Shields.

An Act to authorize the governor to convey state property to the city of St. Joseph, Missouri.

SB 578-By Shields.

An Act to authorize the governor to convey a tract of land owned by the state in the county of Platte.

SB 579-By Wheeler.

An Act to amend chapter 355, RSMo, by adding thereto twelve new sections relating to the conversion of nonprofit entities to for-profit status, with an emergency clause.

SB 580-By Wheeler.

An Act to repeal section 59.319, RSMo, and to enact in lieu thereof three new sections relating to the lifetime home grant program.

SB 581-By Clemens.

An Act to repeal section 301.130, RSMo, and to enact in lieu thereof one new section relating to special license plates.

THIRD READING OF SENATE BILLS

SB 117, with SCS, introduced by Senator Shields, entitled:

An Act to repeal section 301.010, RSMo, relating to driveaway operations, 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 117, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 117

An Act to repeal sections 301.010 and 301.069, RSMo, relating to motor vehicles, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Shields moved that SCS for SB 117 be adopted, which motion prevailed.

On motion of Senator Shields, SCS for SB 117 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 216, introduced by Senator Foster, entitled:

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

Was called from the Consent Calendar and taken up.

On motion of Senator Foster, SB 216 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 289, introduced by Senator Dolan, et al, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Trooper Charles P. Corbin memorial highway.

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

On motion of Senator Dolan, SB 289 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 314, introduced by Senator Dolan, entitled:

An Act to repeal section 304.157 as enacted by senate bill no. 17, ninetieth general assembly, first regular session, relating to abandoned property.

Was called from the Consent Calendar and taken up.

On motion of Senator Dolan, SB 314 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 13 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Kinder offered SS for SB 13, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 13

An Act to repeal section 21.750, RSMo, relating to rights of political subdivisions, and to enact in lieu thereof one new section relating to the same subject.

Senator Kinder moved that SS for SB 13 be adopted.

Senator Jacob offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 13, Page 2, Section 21.750, Lines 18-21 by, deleting the words "Provided, however, that nothing in this section shall restrict the rights of individual citizens to recover for injury or death caused by the negligent or defective design or manufacture of firearms or ammunition." and to insert in lieu thereof the words "Provided, however, that nothing in this section shall prohibit, restrict or abridge the rights of individuals to bring suit for abatement, injunctive relief, or damages for bodily injury, death, or property damage resulting from or relating to the intentional, negligent or defective design, marketing, manufacture, distribution, or sale of firearms or ammunition.".

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 Days, Dougherty, Kinder and Scott.

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

SA 1 failed of adoption by the following vote:

Senator Dougherty offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 13, Page 2, Section 21.750.5, Line 16, after "public" on said line, by deleting the remainder of said line, all of line 17 and all words thru the word "future" on line 18.

Senator Dougherty moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bland, Bray, Days and Kennedy.

SA 2 failed of adoption by the following vote:

Senator Bland offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Bill No. 13, Page 2, Section 21.750, Line 27, by inserting immediately after said line the following:

"571.227. 1. It shall be unlawful for manufacturers of concealable firearms, as defined in section 571.010, or of assault weapons, as defined in subsection 2 of this section, to distribute any concealable firearm or assault weapon in this state unless such firearm is equipped with a reusable child safety lock, firearm lock or firearm locking device, gun lock or gun locking device appropriate for such firearm, which lock or device shall be constructed of material sufficiently strong to prevent it from being easily disabled and have a locking mechanism accessible by key or electronic or other mechanical accessory specific to such lock or device to prevent unauthorized removal of the locking device.

2. As used in this section an assault weapon is:

(1) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol;

(2) A part or combination of parts designed or intended to convert a firearm into an assault weapon, or any combination of parts from which an assault weapon may be rapidly assembled if those parts are in the possession or under the control of the same person; or

(3) Any of the following:

(a) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:

a. A pistol grip that protrudes conspicuously beneath the action of the weapon;

b. A thumbhole stock;

c. A folding or telescoping stock;

d. A grenade launcher or flare launcher;

e. A flash suppressor;

f. A forward pistol grip;

(b) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds;

(c) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches;

(d) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:

a. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;

b. A second handgrip;

c. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel;

d. The capacity to accept a detachable magazine at some location outside of the pistol grip;

(e) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than ten rounds;

(f) A semiautomatic shotgun that has both of the following:

a. A folding or telescoping stock; and

b. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip;

(g) A semiautomatic shotgun that has the ability to accept a detachable magazine; or

(h) Any shotgun with a revolving cylinder.

3. Assault weapon does not include any antique firearm.

4. As used in this section, the following terms mean:

(1) "Capacity to accept more than ten rounds", capable of accommodating more than ten rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than ten rounds;

(2) "Magazine", any ammunition feeding device.

5. As used in this section the term "assault weapon" does not include any firearm modified to render it permanently inoperable."; and

Further amend the title and enacting clause accordingly.

Senator Bland moved that the above amendment be adopted.

Senator Gibbons raised the point of order that SA 3 is out of order, as it is not germane to the subject matter of the underlying legislation.

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

Senator Kinder moved that SS for SB 13 be adopted, which motion prevailed.

On motion of Senator Kinder, SS for SB 13 was declared perfected and ordered printed.

REFERRALS

President Pro Tem Kinder referred the Gubernatorial Appointments appearing on Pages 296 and 297 of the Senate Journal for Monday, February 24, 2003, to the Committee on Gubernatorial Appointments.

President Pro Tem Kinder referred SCR 7 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

SECOND READING OF SENATE BILLS

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

SB 501--Ways and Means.

SB 502--Ways and Means.

SB 503--Education.

SB 504--Economic Development, Tourism and Local Government.

SB 505--Agriculture, Conservation, Parks and Natural Resources.

SB 506--Aging, Families, Mental and Public Health.

SB 508--Ways and Means.

SB 509--Commerce and the Environment.

SB 510--Aging, Families, Mental and Public Health.

SB 511--Pensions and General Laws.

SB 513--Economic Development, Tourism and Local Government.

SB 515--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 516--Pensions and General Laws.

SB 517--Small Business, Insurance and Industrial Relations.

SB 518--Governmental Accountability and Fiscal Oversight.

SB 519--Education.

SB 520--Education.

SB 521--Economic Development, Tourism and Local Government.

SB 522--Economic Development, Tourism and Local Government.

SB 523--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 524--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 525--Education.

SB 526--Judiciary and Civil and Criminal Jurisprudence.

SB 527--Economic Development, Tourism and Local Government.

SB 528--Judiciary and Civil and Criminal Jurisprudence.

SB 529--Economic Development, Tourism and Local Government.

SB 530--Ways and Means.

SB 531--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 532--Agriculture, Conservation, Parks and Natural Resources.

SB 533--Small Business, Insurance and Industrial Relations.

SB 534--Aging, Families, Mental and Public Health.

SB 535--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 536--Ways and Means.

SB 537--Judiciary and Civil and Criminal Jurisprudence.

SB 538--Judiciary and Civil and Criminal Jurisprudence.

SB 539--Small Business, Insurance and Industrial Relations.

SB 540--Economic Development, Tourism and Local Government.

SB 541--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 542--Pensions and General Laws.

SB 543--Judiciary and Civil and Criminal Jurisprudence.

SB 546--Economic Development, Tourism and Local Government.

SB 547--Economic Development, Tourism and Local Government.

SB 548--Financial and Governmental Organi-zation, Veterans' Affairs and Elections.

SB 550--Judiciary and Civil and Criminal Jurisprudence.

SB 551--Small Business, Insurance and Industrial Relations.

SB 552--Pensions and General Laws.

SB 553--Education.

SB 554--Agriculture, Conservation, Parks and Natural Resources.

SB 555--Commerce and the Environment.

SB 556--Aging, Families, Mental and Public Health.

SB 557--Aging, Families, Mental and Public Health.

HOUSE BILLS ON SECOND READING

The following Bill was read the 2nd time and referred to the Committee indicated:

HCS for HB 15--Appropriations.

INTRODUCTION OF BILLS

SB 582-By Kennedy, Coleman, Dougherty, Clemens and Nodler.

An Act to amend chapters 488 and 589, RSMo, by adding thereto two new sections relating to the creation of the gang resistance education and training program and the show me students with character initiative.

SB 583-By Nodler.

An Act to repeal section 135.766 as repealed by conference committee substitute for house substitute for house committee substitute for senate committee substitute for senate bill no. 894, ninetieth general assembly, second regular session, for the sole purpose of repealing a section that was held unconstitutional by the Missouri Supreme Court.

SB 584-By Dolan.

An Act to amend chapter 570, RSMo, by adding thereto four new sections relating to motor vehicle theft, with penalty provisions.

SB 585-By Dolan.

An Act to repeal section 163.036, RSMo, and to enact in lieu thereof two new sections relating to eligible pupil counts for the purpose of computing state aid to the public schools of this state.

RESOLUTIONS

Senator Yeckel offered Senate Resolution No. 226, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Joseph Naert, Sunset Hills, which was adopted.

INTRODUCTIONS OF GUESTS

On behalf of Senator Dolan and himself, Senator Gross introduced to the Senate, Michael Shelton, Chicago, Illinois; Nick Hart, Kansas City; and Kristen Pingel, St. Charles.

Senator Foster introduced to the Senate, his daughter, Karmen, and Jannette Helton, Poplar Bluff.

Senator Shields introduced to the Senate, Mike and Serena Loving, and Cheryl Rosenhaur, St. Joseph.

On behalf of Senator Gibbons and herself, Senator Bray introduced to the Senate, Mayor Pat Kelly, and his son, Brian, Brentwood; and Brian was made an honorary page.

Senator Vogel introduced to the Senate, fourteen students from Small Fry Pre-School, Jefferson City.

Senator Griesheimer introduced to the Senate, Troy Wagers, Sullivan; and Dustin Horn, Washington.

Senator Coleman introduced to the Senate, David Hui, San Jose, California.

On behalf of Senators Clemens, Champion, and herself, Senator Yeckel introduced to the Senate, DelRae Luehrs, AYUSA; Kathleen O'Dell, Springfield; and Azur Zenunovic, Ljiljana Stanisic, Vedran Pavlovic, Jasna Basic, Dejana Baljak, and Amila Imamovic, AYUSA Foreign Exchange students from Brcko, Bosnia-Herzegovina; and Azur, Ljiljana, Vedran, Jasna, Dejana, and Amila were made honorary pages.

Senator Russell introduced to the Senate, Oscar Carter and Randy Reed, Mountain Grove.

Senator Bray introduced to the Senate, the Physician of the Day, Dr. Maria Schmidt, M.D., St. Louis.

Senator Yeckel introduced to the Senate, Laura Stephenson, University City.

Senator Bray introduced to the Senate, Kelly Gardner, St. Louis.

Senator Kinder introduced to the Senate, Kayce Porterfield, Angie Huffman, Chris Warren, Brian Kelley, Debbie Lee, and representatives of Mineral Area College Student Government, Park Hills.

Senator Steelman introduced to the Senate, twelve students from the University of Missouri-Rolla.

Senator Steelman introduced to the Senate, Mrs. Leimkeuhler, six adults, and twenty-two fourth grade students from Gasconade R-2 School, Owensville.

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

SENATE CALENDAR

______

TWENTY-EIGHTH DAY-WEDNESDAY, FEBRUARY 26, 2003

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/10

Reported 2/17

Reported 2/24

RESOLUTIONS

To be Referred

SCR 8-Dougherty

Reported from Committee

SR 30-Shields, with SCS,

SS for SCS & SA 1 (pending)