Journal of the Senate

FIRST REGULAR SESSION

FORTY-FIFTH DAY--TUESDAY, APRIL 1, 2003

Senator Gross in the Chair.

Reverend Carl Gauck offered the following prayer:

"Is not the Lord among us?" (Micah 3:11b)

Gracious God, we seek Your presence among us and ask that we might hear Your Word and live our lives in harmony with You so we will live today as You direct us and be the better for it. Help us to hear each other clearly and make effective decisions that make today better than yesterday. 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 Foster offered Senate Resolution No. 458, regarding Bradley Donald Martin, Dexter, which was adopted.

THIRD READING OF SENATE BILLS

SB 373, with SCS, introduced by Senator Bartle, entitled:

An Act to repeal sections 301.210, 415.405, 415.410, 415.415, and 415.420, RSMo, and to enact in lieu thereof five new sections relating to warehouse and self-service storage facilities.

Was called from the Consent Calendar and taken up.

SCS for SB 373, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 373

An Act to repeal sections 415.405, 415.410, 415.415, and 415.420, RSMo, and to enact in lieu thereof four new sections relating to warehouse and self-service storage facilities.

Was taken up.

Senator Bartle moved that SCS for SB 373 be adopted, which motion prevailed.

On motion of Senator Bartle, SCS for SB 373 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 165, introduced by Senator Bland, entitled:

An Act to repeal sections 33.750, 33.752, 33.753, 33.756, 67.653, 70.379, 92.418, and 643.310, RSMo, and to enact in lieu thereof eight new sections relating to the Missouri minority business advocacy commission.

Was called from the Consent Calendar and taken up.

On motion of Senator Bland, SB 165 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 480, introduced by Senator Dolan, entitled:

An Act to repeal sections 334.530, 334.540, 334.550, 334.560, 334.655, 334.660, 334.665, and 334.670, RSMo, and to enact in lieu thereof ten new sections relating to physical therapists.

Was called from the Consent Calendar and taken up.

On motion of Senator Dolan, SB 480 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.

SB 492, introduced by Senator Scott, entitled:

An Act to repeal section 324.409, RSMo, and to enact in lieu thereof one new section relating to commercial interior designers.

Was called from the Consent Calendar and taken up.

On motion of Senator Scott, SB 492 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 548, introduced by Senator Champion, entitled:

An Act to amend chapter 23, RSMo, by adding thereto one new section relating to the joint committee on legislative research.

Was called from the Consent Calendar and taken up.

On motion of Senator Champion, SB 548 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 607, introduced by Senator Loudon, entitled:

An Act to repeal section 288.060, RSMo, and to enact in lieu thereof one new section relating to employment.

Was called from the Consent Calendar and taken up.

On motion of Senator Loudon, SB 607 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 Gibbons moved that motion lay on the table, which motion prevailed.

Photographers from the Associated Press were given permission to take pictures in the Senate Chamber today.

SB 616, introduced by Senator Nodler, entitled:

An Act to repeal section 355.176 as enacted by house substitute for senate bill no. 768, eighty-eighth general assembly, second regular session, and to enact in lieu thereof one new section for the sole purpose of reenacting section 355.176 which was held unconstitutional by the Missouri Supreme Court.

Was called from the Consent Calendar and taken up.

On motion of Senator Nodler, SB 616 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 399, introduced by Senator Caskey, entitled:

An Act to repeal section 217.360, RSMo, and to enact in lieu thereof one new section relating to delivery or concealment of controlled substances in city or county jails, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Caskey, SB 399 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 571, introduced by Senator Loudon, entitled:

An Act to repeal sections 210.115 and 352.400, RSMo, and to enact in lieu thereof two new sections relating to Christian Science practitioners.

Was called from the Consent Calendar and taken up.

On motion of Senator Loudon, SB 571 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 Gibbons moved that motion lay on the table, which motion prevailed.

SB 618, introduced by Senators Kennedy and Shields, entitled:

An Act to amend chapter 630, RSMo, by adding thereto one new section relating to suicide.

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

On motion of Senator Kennedy, SB 618 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 534, introduced by Senator Cauthorn, entitled:

An Act to repeal section 198.006, RSMo, and to enact in lieu thereof one new section relating to supervision in nursing homes.

Was called from the Consent Calendar and taken up.

On motion of Senator Cauthorn, SB 534 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

Senator Cauthorn 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 Russell moved that SB 2, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 2, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 2

An Act to repeal sections 288.040 and 288.050, RSMo, and to enact in lieu thereof two new sections relating to employment security.

Was taken up.

Senator Russell moved that SCS for SB 2 be adopted.

Senator Russell offered SS for SCS for SB 2, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 2

An Act to repeal sections 285.300, 288.040, 288.050, 288.060, and 288.110, RSMo, and to enact in lieu thereof six new sections relating to employees, with penalty provisions.

Senator Russell moved that SS for SCS for SB 2 be adopted.

Senator Loudon offered SS for SS for SCS for SB 2, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 2

An Act to repeal sections 285.300, 288.036, 288.038, 288.040, 288.050, 288.060, 288.110, 288.128. 288.270, 288.310, and 288.330, RSMo, and to enact in lieu thereof thirteen new sections relating to employees, with an emergency clause and penalty provisions.

Senator Loudon moved that SS for SS for SCS for SB 2 be adopted.

Senator Bartle assumed the Chair.

At the request of Senator Russell, SB 2, with SCS, SS for SCS and SS for SS for SCS (pending), was placed on the Informal Calendar.

On motion of Senator Gibbons, the Senate recessed until 2:00 p.m.

RECESS

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

RESOLUTIONS

Senator Cauthorn offered Senate Resolution No. 459, regarding Cynthia S. Blaylock, Louisiana, which was adopted.

THIRD READING OF SENATE BILLS

SB 351, with SCS, introduced by Senator Dougherty, entitled:

An Act to repeal section 194.220, RSMo, and to enact in lieu thereof one new section relating to health care.

Was called from the Consent Calendar and taken up.

SCS for SB 351, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 351

An Act to repeal section 194.220, RSMo, and to enact in lieu thereof one new section relating to health care.

Was taken up.

Senator Dougherty moved that SCS for SB 351 be adopted, which motion prevailed.

On motion of Senator Dougherty, SCS for SB 351 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 16, with SCS, introduced by Senator Childers, entitled:

An Act to repeal section 137.721, RSMo, relating to the percentage of ad valorem property tax collections to be deposited in county assessment funds, 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 16, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 16

An Act to repeal section 137.721, RSMo, relating to the percentage of ad valorem property tax collections to be deposited in county assessment funds, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Childers moved that SCS for SB 16 be adopted, which motion prevailed.

On motion of Senator Childers, SCS for SB 16 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 120, introduced by Senator Caskey, entitled:

An Act to repeal section 137.082, RSMo, relating to assessment of newly constructed property, 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 Caskey, SB 120 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 504, with SCS, introduced by Senators Clemens and Champion, entitled:

An Act to repeal section 135.207, RSMo, and to enact in lieu thereof one new section relating to satellite enterprise zones.

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

SCS for SB 504, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 504

An Act to repeal section 135.207, RSMo, and to enact in lieu thereof one new section relating to satellite enterprise zones.

Was taken up.

Senator Clemens moved that SCS for SB 504 be adopted, which motion failed.

On motion of Senator Clemens, SB 504 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 513, with SCS, introduced by Senators Kennedy and Coleman, entitled:

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

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

SCS for SB 513, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 513

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

Was taken up.

Senator Kennedy moved that SCS for SB 513 be adopted, which motion prevailed.

On motion of Senator Kennedy, SCS for SB 513 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 562, with SCS, introduced by Senator Griesheimer, entitled:

An Act to authorize the conveyance of property owned by the state at the Missouri Eastern Correctional facility in the County of St. Louis to the City of Pacific.

Was called from the Consent Calendar and taken up.

SCS for SB 562, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 562

An Act to authorize the conveyance of property owned by the state at the Missouri Eastern Correctional facility in the County of St. Louis to the City of Pacific.

Was taken up.

Senator Griesheimer moved that SCS for SB 562 be adopted, which motion prevailed.

Senator Childers assumed the Chair.

On motion of Senator Griesheimer, SCS for SB 562 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 577, introduced by Senator Shields, entitled:

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

Was called from the Consent Calendar and taken up.

On motion of Senator Shields, SB 577 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 Gibbons moved that motion lay on the table, which motion prevailed.

SB 578, introduced by Senator Shields, entitled:

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

Was called from the Consent Calendar and taken up.

On motion of Senator Shields, SB 578 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 Gibbons moved that motion lay on the table, which motion prevailed.

SB 590, introduced by Senator Shields, entitled:

An Act to repeal section 67.990, RSMo, and to enact in lieu thereof one new section relating to tax levy for services to the elderly.

Was called from the Consent Calendar and taken up.

On motion of Senator Shields, SB 590 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 Gibbons moved that motion lay on the table, which motion prevailed.

Senator Shields assumed the Chair.

SB 592, with SCS, introduced by Senator Foster, entitled:

An Act to repeal section 488.429, RSMo, and to enact in lieu thereof one new section relating to law library funds.

Was called from the Consent Calendar and taken up.

SCS for SB 592, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 592

An Act to repeal section 488.429, RSMo, and to enact in lieu thereof one new section relating to law library funds.

Was taken up.

Senator Foster moved that SCS for SB 592 be adopted, which motion prevailed.

On motion of Senator Foster, SCS for SB 592 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 Gibbons moved that motion lay on the table, which motion prevailed.

SB 621, with SCS, introduced by Senator Loudon, entitled:

An Act to amend chapter 82, RSMo, by adding thereto one new section relating to removal of nuisances.

Was called from the Consent Calendar and taken up.

SCS for SB 621, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 621

An Act to amend chapter 82, RSMo, by adding thereto one new section relating to removal of nuisances, with a termination date.

Was taken up.

Senator Loudon moved that SCS for SB 621 be adopted, which motion prevailed.

On motion of Senator Loudon, SCS for SB 621 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 Gibbons moved that motion lay on the table, which motion prevailed.

SB 635, with SCS, introduced by Senator Mathewson, entitled:

An Act to repeal sections 33.752, 207.060, 302.137, 650.005, and 660.010, RSMo, and to enact in lieu thereof five new sections relating to the reorganization of executive branch departments.

Was called from the Consent Calendar and taken up.

SCS for SB 635, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 635

An Act to repeal sections 33.752, 207.060, 302.137, 650.005, and 660.010, RSMo, and to enact in lieu thereof five new sections relating to the reorganization of executive branch departments.

Was taken up.

Senator Mathewson moved that SCS for SB 635 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for SB 635 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 180, introduced by Senator Bland, entitled:

An Act to repeal section 105.269, RSMo, and to enact in lieu thereof one new section relating to retired teachers and administrators in urban school districts.

Was called from the Consent Calendar and taken up.

On motion of Senator Bland, SB 180 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

Senator Bland 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 Gross moved that SB 544, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 544, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 544

An Act to amend chapter 23, RSMo, by adding thereto fifteen new sections relating to the Missouri sunset act.

Was taken up.

Senator Gross moved that SCS for SB 544 be adopted, which motion prevailed.

On motion of Senator Gross, SCS for SB 544 was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

SB 632, introduced by Senator Days, and SB 644, introduced by Senator Kennedy, with SCS, entitled respectively:

An Act to repeal section 162.700, RSMo, and to enact in lieu thereof one new section relating to the placement of certain special education pupils.

An Act to repeal section 162.700, RSMo, and to enact in lieu thereof one new section relating to early childhood special education.

Were called from the Consent Calendar and taken up by Senator Days.

SCS for SBs 632 and 644, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 632 and 644

An Act to repeal section 162.700, RSMo, and to enact in lieu thereof one new section relating to the placement of certain special education pupils.

Was taken up.

Senator Days moved that SCS for SBs 632 and 644 be adopted, which motion prevailed.

On motion of Senator Days, SCS for SBs 632 and 644 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 642, with SCS, introduced by Senator Foster, entitled:

An Act to repeal section 171.033, RSMo, and to enact in lieu thereof one new section relating to inclement weather exceptions for mandatory days of school attendance, with an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 642, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 642

An Act to repeal section 171.033, RSMo, and to enact in lieu thereof one new section relating to inclement weather exceptions for mandatory days of school attendance, with an emergency clause.

Was taken up.

Senator Foster moved that SCS for SB 642 be adopted, which motion prevailed.

On motion of Senator Foster, SCS for SB 642 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

SB 676, with SCS, introduced by Senator Kennedy, entitled:

An Act to repeal section 171.033, RSMo, and to enact in lieu thereof one new section relating to exceptions to mandatory hours of school attendance, with an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 676, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 676

An Act to repeal section 171.033, RSMo, and to enact in lieu thereof one new section relating to exceptions to mandatory hours of school attendance, with an emergency clause.

Was taken up.

Senator Kennedy moved that SCS for SB 676 be adopted, which motion prevailed.

On motion of Senator Kennedy, SCS for SB 676 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

SB 666, with SCS, introduced by Senator Bland, entitled:

An Act to amend chapter 162, RSMo, by adding thereto one new section relating to enrollment option plans.

Was called from the Consent Calendar and taken up.

SCS for SB 666, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 666

An Act to amend chapter 162, RSMo, by adding thereto one new section relating to intra-school district transfer policies.

Was taken up.

Senator Bland moved that SCS for SB 666 be adopted, which motion prevailed.

On motion of Senator Bland, SCS for SB 666 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 686, with SCS, introduced by Senator Russell, entitled:

An Act to repeal section 165.011, RSMo, and to enact in lieu thereof one new section relating to transfers from the capital projects fund to the incidental fund.

Was called from the Consent Calendar and taken up.

SCS for SB 686, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 686

An Act to repeal section 165.011, RSMo, and to enact in lieu thereof one new section relating to transfers from the capital projects fund to the incidental fund, with an emergency clause.

Was taken up.

Senator Russell moved that SCS for SB 686 be adopted, which motion prevailed.

On motion of Senator Russell, SCS for SB 686 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

Senator Russell 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 Dolan moved that SB 481, with SCS, SS for SCS and SS for SS for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SS for SCS for SB 481 was again taken up.

At the request of Senator Russell, the above substitute was withdrawn.

SS for SCS for SB 481 was again taken up.

At the request of Senator Dolan, the above substitute was withdrawn.

Senator Dolan offered SS No. 2 for SCS for SB 481, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 481

An Act to repeal sections 21.795 and 226.030, RSMo, and to enact in lieu thereof three new sections relating to accountability measures governing the operations of the department of transportation.

Senator Dolan moved that the SS No. 2 for SCS for SB 481 be adopted.

Senator Shields assumed the Chair.

Senator Bray offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 481, Page 11, Section 226.033, Line 18, by inserting immediately after said line the following:

"226.040. 1. The [state highways and transportation commission shall appoint a] chief executive officer with the title of director of the Missouri department of transportation shall be appointed by the governor, with the advice and consent of the senate. The director shall serve at the pleasure of the [commission] governor. The director shall be a citizen and a resident of this state, shall have had executive management experience for at least five years, and may be a registered professional engineer. The director's duties shall include appointment of a chief engineer, a chief financial officer and other department heads, engineers and other employees as the commission may designate and deem necessary. Under the direction of the commission, the director shall have general charge of, and be responsible for, the overall operations and performance of the department. The director shall provide quarterly to the commission at its regularly scheduled meetings a current unaudited written version of the report required in subsection 2 of section 21.795, RSMo, with changes from the most recent audited report clearly marked. Such report shall be made available to the public.

2. The chief engineer shall be a registered professional engineer responsible for preparation and approval of all engineering documents, plans and specifications and shall have general oversight of construction and maintenance work for the department as determined by the director.

3. Engineers of the department responsible for supervising the activities of road and bridge design, construction, maintenance and materials inspection and analysis shall be registered professional engineers in this state."; and

Further amend the title and enacting clause accordingly.

Senator Bray moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Bland, Caskey, Coleman and Days.

SA 1 failed of adoption by the following vote:

Senator Bray offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 481, Page 10, Section 226.033, Lines 23-29, by striking all of said lines and further amend said bill, page 11, section 226.033, lines 1-18, by striking all of said lines; and

Further amend the title and enacting clause accordingly.

Senator Bray moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Bland, Days, Quick and Stoll.

SA 2 failed of adoption by the following vote:

Senator Scott offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 481, Page 11, Section 226.033, Line 18, by inserting after all of said line the following:

"226.096. 1. Any controversy or claim to which the Missouri department of transportation is a party that arises out of or relates to a contract awarded pursuant to subdivision (9) of subsection 1 of section 226.130, and the claim exceeds twenty-five thousand dollars, shall upon written demand by any party, be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, except as provided in this section. The highway and transportation commission shall promulgate rules pursuant to chapter 536, RSMo, to become effective on or before July 1, 2004, establishing a method for appointment of arbitrators and allowing for the mediation of claims upon agreement of both parties. Judgment upon awards so rendered shall be entered in the circuit court of Cole County, Missouri.

2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2003, shall be invalid and void."; and

Further amend the title and enacting clause accordingly.

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

Senator Cauthorn offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 481, Page 11, Section 226.033, Line 18, by inserting after all of said line the following:

"226.120. The members of the commission shall elect a member as chairman and another vice chairman, each of whom shall hold such office for a term prescribed by the commission. Four members of the commission shall constitute a quorum for the transaction of business and for the exercise of any of the powers or the discharge of any of the duties authorized or imposed by law. The commission shall meet at least once each month and at such other times, and at such places within the state, as the commission shall determine. Commission members shall drive on the state highway system to attend such meetings if the commissioner's residence is less than two hundred miles from such meeting. The chairman or, in the event of his inability to act, the vice chairman may call special meetings of the commission upon notice to members."; and

Further amend the title and enacting clause accordingly.

Senator Cauthorn moved that the above amendment be adopted, which motion failed.

Senator Griesheimer offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 481, Page 11, Section 226.033, Line 18, by inserting the following:

"Section 1. The position of inspector general, as it exists as of January 1, 2003, shall be a permanent position within the department of transportation. Any person holding the position of inspector general may appeal his or her dismissal to the highways and transportation commission; such dismissal shall be upheld by the commission unless a majority of such body determines otherwise."; and

Further amend the title and enacting clause accordingly.

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

Senator Caskey offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 481, Page 11, Section 226.033, Line 18, by inserting after said line:

"Section 1. In a condemnation case where there are multiple ownership interests in the property proprosed for condemnation, the circuit court shall separate the trust fund into the respective ownership interests."; and

Further amend the title and enacting clause accordingly.

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

Senator Gross offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 481, Page 8, Section 21.795, Line 13, by inserting after all of said line the following:

"144.062. 1. With respect to exempt sales at retail of tangible personal property and materials for the purpose of constructing, repairing or remodeling facilities for: (1) a county, other political subdivision or instrumentality thereof exempt from taxation under subdivision (10) of section 39 of article III of the Constitution of Missouri; or (2) an organization sales to which are exempt from taxation under the provisions of subdivision (19) of subsection 2 of section 144.030; or (3) any institution of higher education supported by public funds or any private not-for-profit institution of higher education, exempt from taxation under subdivision (20) of subsection 2 of section 144.030; or (4) any private not-for-profit elementary or secondary school exempt from taxation under subdivision (22) of subsection 2 of section 144.030, or (5) the department of transportation, hereinafter collectively referred to as exempt entities, such exemptions shall be allowed for such purchases if the purchases are related to the entities' exempt functions and activities. In addition, the sales shall not be rendered nonexempt nor shall any material supplier or contractor be obligated to pay, collect or remit sales tax with respect to such purchases made by or on behalf of an exempt entity due to such purchases being billed to or paid for by a contractor or the exempt entity contracting with any entity to render any services in relation to such purchases, including but not limited to selection of materials, ordering, pickup, delivery, approval on delivery, taking of delivery, transportation, storage, assumption of risk of loss to materials or providing warranties on materials as specified by contract, use of materials or other purchases for construction of the building or other facility, providing labor, management services, administrative services, design or technical services or advice to the exempt entity, whether or not the contractor or other entity exercises dominion or control in any other manner over the materials in conjunction with services or labor provided to the exempt entity.

2. When any exempt entity contracts for the purpose of constructing, repairing or remodeling facilities, and purchases of tangible personal property and materials to be incorporated into or consumed in the construction of the project are to be made on a tax-exempt basis, such entity shall furnish to the contractor an exemption certificate authorizing such purchases for the construction, repair or remodeling project. The form and content of such project exemption certificate shall be approved by the director of revenue. The project exemption certificate shall include but not be limited to:

(1) The exempt entity's name, address, Missouri tax identification number and signature of authorized representative;

(2) The project location, description, and unique identification number;

(3) The date the contract is entered into, which is the earliest date materials may be purchased for the project on a tax-exempt basis;

(4) The estimated project completion date; and

(5) The certificate expiration date.

Such certificate is renewable for a given project at the option of the exempt entity, only for the purpose of revising the certificate expiration date as necessary to complete the project.

3. The contractor shall furnish the certificate prescribed in subsection 2 of this section to all subcontractors, and any contractor purchasing materials shall present such certificate to all material suppliers as authorization to purchase, on behalf of the exempt entity, all tangible personal property and materials to be incorporated into or consumed in the construction of that project and no other on a tax-exempt basis. Such suppliers shall execute to the purchasing contractor invoices bearing the name of the exempt entity and the project identification number. Nothing in this section shall be deemed to exempt the purchase of any construction machinery, equipment or tools used in constructing, repairing or remodeling facilities for the exempt entity. All invoices for all personal property and materials purchased under a project exemption certificate shall be retained by the purchasing contractor for a period of five years and shall be subject to audit by the director of revenue.

4. Any excess resalable tangible personal property or materials which were purchased for the project by a contractor under a project exemption certificate but which were not incorporated into or consumed in the construction of the project shall either be returned to the supplier for credit or the appropriate sales or use tax on such excess property or materials shall be reported on a return and paid by such contractor not later than the due date of the contractor's Missouri sales or use tax return following the month in which it was determined that the materials were not to be used in the project.

5. No contractor or material supplier shall, upon audit, be required to pay tax on tangible personal property and materials incorporated into or consumed in the construction of the project, due to the failure of the exempt entity to revise the certificate expiration date as necessary to complete any work required by the contract. If it is determined that tax is owed on such property and materials due to the failure of the exempt entity to revise such certificate expiration date, the exempt entity shall be liable for the tax owed.

6. If an entity issues exemption certificates for the purchase of tangible personal property and materials which are incorporated into or consumed in the construction of its project and such entity is found not to have had the authority granted by this section to issue such exemption certificates, then such entity shall be liable for the tax owed on such personal property and materials. In addition, if an entity which does have the authority granted by this section to issue exemption certificates issues such certificates for the purchase of tangible personal property and materials which are incorporated into or consumed in the construction of a project, or part of a project, which is found not to be related to such entity's exempt functions and activities, then such entity shall be liable for the tax owed on such personal property and materials."; and

Further amend the title and enacting clause accordingly.

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

Senator Bland offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 481, Page 11, Section 226.033, Line 18, by inserting the following:

"Section 1. 1. The state highways and transportation commission shall approve and implement a minority and women employment business enterprises program. The plan shall require all business vendors and contractors to assure the enforcement of an equal opportunity employment plan, and a minority and women business enterprises program that is based on population and availability and which contains specific goals for each such business, as applicable pursuant to state and federal laws.

2. The state highways and transportation commission shall implement and maintain an equal opportunity employment plan and a minority and women business enterprises program with specific goals which shall be identified and reported by ethnicity and gender. The state highways and transportation commission minority and women business enterprises program shall include the provisions of sections 34.070, 34.073, and 34.076, RSMo. The state highways and transportation commission shall engage the services of a compliance monitor, through either direct employment or by service contract, to assist in the implementation and progress of the program.

3. The state highways and transportation commission shall develop and implement such plan in coordination with Executive Order 98-21, house committee substitute for senate substitute for senate committee substitute for senate bills nos. 808 and 672 as truly agreed to and finally passed by the eighty-fifth general assembly, second regular session, and the Missouri business development commission."; and

Further amend the title and enacting clause accordingly.

Senator Bland moved that the above amendment be adopted and requested a roll call vote be taken. She was joined in her request by Senators Caskey, Days, Stoll and Wheeler.

SA 8 failed of adoption by the following vote:

Senator Bartle assumed the Chair.

Senator Dolan moved that SS No. 2 for SCS for SB 481, as amended, be adopted, which motion prevailed.

On motion of Senator Dolan, SS No. 2 for SCS for SB 481, as amended, was declared perfected and ordered printed.

Senator Childers moved that SB 422, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SCS for SB 422, as amended, was again taken up.

Senator Shields assumed the Chair.

Senator Steelman offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 422, Page 1, Section 162.261, Line 12, by inserting after all of said line the following:

"[162.203. 1. Board members initially elected or appointed under section 162.291, 162.459, 162.471, or 162.581 after August 28, 1993, in addition to the qualifications prescribed in those sections, shall successfully complete orientation and training requirements within one year of the date of the election or appointment. The orientation and training shall consist of at least sixteen hours with the cost of such training to be paid by the district.

2. All programs providing the orientation and training required under the provisions of this section shall be offered by a statewide association organized for the benefit of members of boards of education or be approved by the state board of education.]"; and

Further amend the title and enacting clause accordingly.

Senator Steelman moved that the above amendment be adopted.

Senator Caskey requested a roll call vote be taken and was joined in his request by Senators Days, Kennedy, Nodler and Stoll.

SA 2 failed of adoption by the following vote:

Senator Dougherty offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 422, Page 1, Section 162.261, Line 12, by inserting after all of said line the following:

"162.601. 1. Elected members of the board in office on August 28, 1998, shall hold office for the length of term for which they were elected, and any members appointed pursuant to section 162.611 to fill vacancies left by elected members in office on August 28, 1998, shall serve for the remainder of the term to which the replaced member was elected.

2. No board members shall be elected at the first municipal election in an odd-numbered year next following August 28, 1998.

3. Three board members shall be elected at the second municipal election in an odd-numbered year next following August 28, 1998, to serve four-year terms.

4. Four board members shall be elected at the third municipal election in an odd-numbered year next following August 28, 1998, and two of such members shall be elected to four-year terms and two of such members shall be elected to three-year terms.

5. Beginning with the fourth municipal election in an odd-numbered year next following August 28, 1998, and at each succeeding municipal election in a year during which board member terms expire, there shall be elected members of the board of education, who shall assume the duties of their office at the first regular meeting of the board of education after their election, and who shall hold office for four years, and until their successors are elected and qualified.

6. Members of the board of directors shall be elected to represent seven subdistricts. The subdistricts shall be established by the state board of education to be compact, contiguous and as nearly equal in population as practicable. The subdistricts shall be revised by the state board of education after each decennial census and at any other time the state board determines that the district's demographics have changed sufficiently to warrant redistricting.

7. A member shall reside in and be elected in the subdistrict which the member is elected to represent. Subdistrict 1 shall be comprised of wards 1, 2, 22 and 27. Subdistrict 2 shall be comprised of wards 3, 4, 5 and 21. Subdistrict 3 shall be comprised of wards 18, 19, 20 and 26. Subdistrict 4 shall be comprised of wards 6, 7, 17 and 28. Subdistrict 5 shall be comprised of wards 9, 10, 11 and 12. Subdistrict 6 shall be comprised of wards 13, 14, 16 and 25. Subdistrict 7 shall be comprised of wards 8, 15, 23 and 24.

[8. No one may run for school board who is employed by the school district or who is related to an employee of the school district within the second degree of affinity or consanguinity.]"; and

Further amend the title and enacting clause accordingly.

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 Goode, Gross, Wheeler and Quick.

SA 3 was adopted by the following vote:

Senator Childers moved that SCS for SB 422, as amended, be adopted, which motion prevailed.

On motion of Senator Childers, SCS for SB 422, as amended, was declared perfected and ordered printed.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 460, regarding Frank Leroy "Frankie" Blair, IV, Fenton, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Wes Anderson, Tedd Maxfield, Juanita Cragin, and Mary Ireland, Nevada.

Senator Caskey introduced to the Senate, Gerald and Evelyn Dirks, Butler.

Senator Foster introduced to the Senate, Rick and Annette Hux, Dexter.

On behalf of Senator Gross and himself, Senator Dolan introduced to the Senate, Kevin Hurd, David Holcomb, Tim McCoy, and Allen Roche, St. Charles County.

Senator Yeckel introduced to the Senate, Nancy Werkmeister, and fifty-one eighth grade students from St. Catherine Laboure School, St. Louis; and Mike Ahrenhoersterbaeumer, Andrew Burlemann, Kerri Gallagher, Barrett Studdard, and Michelle Word were made honorary pages.

Senator Scott introduced to the Senate, representatives of Leadership Bolivar.

Senator Bartle introduced to the Senate, students from Lee's Summit Community Christian School, Lee's Summit.

Senator Jacob introduced to the Senate, students representing University of Missouri Undergraduate Research Day at the Capitol, Columbia.

Senator Yeckel introduced to the Senate, Steve and Lori Shaffer, and their children, Grant and Eric; and Rick and Tammy Schwer, and their children, Kerby, Brandon, and Brianna, St. Louis; and Grant, Eric, Kerby, Brandon, and Brianna were made honorary pages.

Senator Klindt introduced to the Senate, twenty-six fourth grade students and teachers from King City Elementary School, King City.

Senator Cauthorn introduced to the Senate, Ruth Jones, Ruth Threlkeld, Trisha Adams, Kelly Palmer, and students from the Practical School of Nursing at Moberly Area Community College, Mexico.

Senator Klindt introduced to the Senate, Kim and Drew Ireland, and David Duncan, Mound City; and Sr. Mary Chrisman, Savannah; and Drew was made an honorary page.

Senator Dougherty introduced to the Senate, Tiffany Austin, Joel Brownfield, and Rebecca Creel, St. Louis; and Tiffany, Joel, and Rebecca were made honorary pages.

Senator Griesheimer introduced to the Senate, Gretchen Gullet, Dina Spies, Betty Newton, and Georgia Webb, Pacific; Sherry Hoerr and Sandi Raymo, Labadie; and Pat Bogert, St. Clair.

Senator Loudon introduced to the Senate, Debbie Fritz and students from St. Monica School, Creve Coeur; and Todd Krieger, Rebecca Quinn, Elizabeth Mager, Marianne Sicking, and Becky Kisling were made honorary pages.

Senator Kinder introduced to the Senate, Al Lipke and thirty-eight seventh grade students from St. Paul Lutheran School, Jackson.

Senator Bartle introduced to the Senate, Chris Patterson.

On behalf of Senator Loudon and himself, Senator Gross introduced to the Senate, Bernie Federko, Greg Paslawski, Perry Turnbull, Dale Turvey, Vic Turvey, and Don Breckenridge with the St. Louis Blues Hockey Organization.

Senator Bray introduced to the Senate, forty-five fourth grade students from Our Lady of the

Pillar School, St. Louis County.

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

SENATE CALENDAR

______

FORTY-SIXTH DAY-WEDNESDAY, APRIL 2, 2003

______

FORMAL CALENDAR

HOUSE BILLS ON SECOND READING

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/10

Reported 2/24

SB 385-Scott, with SCS

Reported 3/4

SB 468-Bartle

Reported 3/10

Reported 3/13

RESOLUTIONS

SCR 15-Dolan, et al

Reported from Committee

SR 30-Shields, with SCS,

SS for SCS & SA 1 (pending)