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.