Journal of the Senate

SECOND REGULAR SESSION

TWENTY-FOURTH DAY--WEDNESDAY, FEBRUARY 18, 2004

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"I am God, and also henceforth I am He; there is no one who can deliver from my hand; I work and who can hinder it?" (Isaiah 43:13)

Almighty God, we honor Your power for in time You make all things work out as You have intended they shall be. We pray that in that process we may be among those whose efforts assist in bringing about what Your holy will is for our people. 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 Gibbons offered Senate Resolution No. 1355, regarding Parents as Teachers Day, which was adopted.

Senator Wheeler offered Senate Resolution No. 1356, regarding the Consulate of the Slovak Republic in Kansas City, which was adopted.

Senator Yeckel offered Senate Resolution No. 1357, regarding Crystal Lynn Beasley, Manchester, which was adopted.

INTRODUCTION OF BILLS

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

SB 1269-By Yeckel.

An Act to repeal section 67.1545, RSMo, and to enact in lieu thereof one new section relating to sales and use tax authorized in certain districts.

SB 1270-By Yeckel.

An Act to amend chapter 307, RSMo, by adding thereto eleven new sections relating to motor scooters, with penalty provisions.

REPORTS OF STANDING COMMITTEES

Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following report:

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred SS for SCS for SB 730, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which were referred SB 1080; and SCS for SJR 44, begs leave to report that it has examined the same and finds that the bill and joint resolution have been truly perfected and that the printed copies furnished the Senators are correct.

SENATE BILLS FOR PERFECTION

Senator Yeckel moved that SB 1038, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 1038, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1038

An Act to repeal sections 33.103, 166.435, 408.032, 408.140, 408.190, 408.232, 432.045, 443.130, and 570.223, RSMo, and to enact in lieu thereof twenty-seven new sections relating to banking, with penalty provisions.

Was taken up.

Senator Yeckel moved that SCS for SB 1038 be adopted.

Senator Yeckel offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 1038, Page 19, Section 443.130, Line 3, by striking "business"; and further amend lines 11-12 by striking the words "A business day is any day except Saturday, Sunday and legal holidays."; and

Further amend said bill, section 570.223, pages 19-22, by striking said section from the bill; and

Further amend said bill, section 570.224, pages 22-23, by striking said section from the bill; and

Further amend the title and enacting clause accordingly.

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

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 1038, Section 166.520, Page 10, Line 27, by inserting the words: "The total of any and all such fees shall not equate to more than one hundred basis points annually." immediately following the word "services.".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Yeckel, SB 1038, with SCS and SA 2 (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

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

SB 1271-By Coleman.

An Act to repeal sections 701.300, 701.302, 701.310, 701.316, 701.326, and 701.330, RSMo, and to enact in lieu thereof twelve new sections relating to the prevention, screening, and treatment of lead poisoning.

SB 1272-By Coleman.

An Act to amend chapter 454, RSMo, by adding thereto three new sections relating to the child support insurance act.

SB 1273-By Coleman.

An Act to amend chapter 324, RSMo, by adding thereto six new sections relating to security guards.

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

RECESS

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

SENATE BILLS FOR PERFECTION

Senator Shields moved that SB 969, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 969, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 969

An Act to repeal sections 163.031 and 168.515, RSMo, and to enact in lieu thereof two new sections relating to the removal of the proration factor for purposes of calculating career ladder payments.

Was taken up.

Senator Shields moved that SCS for SB 969 be adopted.

Senator Caskey offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 969, Page 12, Section 168.515, Line 89, by inserting after all of said line, the following:

"Section B. The provisions of this act shall become effective on August 28, 2006."; and

Further amend the title and enacting clause accordingly.

Senator Caskey moved that the above amendment be adopted.

At the request of Senator Caskey, SA 1 was withdrawn.

Senator Steelman offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 969, Page 9, Section 163.031, Line 290, by inserting after all of said line the following:

"168.500. 1. For the purpose of providing career pay, which shall be a salary supplement, for public school teachers, which for the purpose of sections 168.500 to 168.515 shall include classroom teachers, librarians, guidance counselors and certificated teachers who hold positions as school psychological examiners, parents as teachers educators, school psychologists, special education diagnosticians and speech pathologists, and are on the district salary schedule, there is hereby created and established a career advancement program which shall be known as the "Missouri Career Development and Teacher Excellence Plan", hereinafter known as the "career plan or program". Participation by local school districts in the career advancement program established under this section shall be voluntary. The career advancement program is a matching fund program of variable match rates. The general assembly shall make an annual appropriation to the excellence in education fund established under section 160.268, RSMo, for the purpose of providing the state's portion for the career advancement program. The "Career Ladder Forward Funding Fund" is hereby established in the state treasury. Beginning with fiscal year 1998 and until the career ladder forward funding fund is terminated pursuant to this subsection, the general assembly shall appropriate funds to the career ladder forward funding fund. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not be transferred to the credit of the general revenue fund at the end of the biennium. All interest or other gain received from investment of moneys in the fund shall be credited to the fund. All funds deposited in the fund shall be maintained in the fund until such time as the balance in the fund at the end of the fiscal year is equal to or greater than the appropriation for the career ladder program for the following year, at which time all such revenues shall be used to fund, in advance, the career ladder program for such following year and the career ladder forwarding funding fund shall thereafter be terminated.

2. The department of elementary and secondary education, at the direction of the commissioner of education, shall study and develop model career plans which shall be made available to the local school districts. These state model career plans shall:

(1) Contain three steps or stages of career advancement;

(2) Contain a detailed procedure for the admission of teachers to the career program;

(3) Contain specific criteria for career step qualifications and attainment. These criteria shall clearly describe the minimum number of professional responsibilities required of the teacher at each stage of the plan and shall include reference to classroom performance evaluations performed pursuant to section 168.128;

(4) Be consistent with the teacher certification process recommended by the Missouri advisory council of certification for educators and adopted by the department of elementary and secondary education;

(5) Provide that public school teachers in Missouri shall become eligible to apply for admission to the career plans adopted under sections 168.500 to 168.515 after five years of public school teaching in Missouri. All teachers seeking admission to any career plan shall, as a minimum, meet the requirements necessary to obtain the first renewable professional certificate as provided in section 168.021;

(6) Provide procedures for appealing decisions made under career plans established under sections 168.500 to 168.515.

3. The commissioner of education shall cause the department of elementary and secondary education to establish guidelines for all career plans established under this section, and criteria that must be met by any school district which seeks funding for its career plan.

4. A participating local school district may have the option of implementing a career plan developed by the department of elementary and secondary education or a local plan which has been developed with advice from teachers employed by the district and which has met with the approval of the department of elementary and secondary education. In approving local career plans, the department of elementary and secondary education may consider provisions in the plan of the local district for recognition of teacher mobility from one district to another within this state.

5. The career plans of local school districts shall not discriminate on the basis of race, sex, religion, national origin, color, creed, or age. Participation in the career plan of a local school district is optional, and any teacher who declines to participate shall not be penalized in any way.

6. In order to receive funds under this section, a school district which is not subject to section 162.920, RSMo, must have a total levy for operating purposes which is in excess of the amount allowed in section 11(b) of article X of the Missouri Constitution; and a school district which is subject to section 162.920, RSMo, must have a total levy for operating purposes which is equal to or in excess of twenty-five cents on each hundred dollars of assessed valuation.

7. The commissioner of education shall cause the department of elementary and secondary education to regard a speech pathologist who holds both a valid certificate of license to teach and a certificate of clinical competence to have fulfilled the standards required to be placed on stage III of the career program, provided that such speech pathologist has been employed by a public school in Missouri for at least five years."; and

Further amend the title and enacting clause accordingly.

Senator Steelman moved that the above amendment be adopted.

Senator Childers offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for Senate Bill No. 969, Page 4, Section 168.500, Line 17, by adding after the word "years" on said line the following "and is approved for placement at such stage III by the local school district".

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

SA 2, as amended, was again taken up.

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

Senator Caskey offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 969, Page 12, Section 168.515, Line 89, by inserting after all of said line, the following:

"Section B. The provisions of this act shall become effective when hell freezes over."; and

Further amend the title and enacting clause accordingly.

Senator Caskey moved that the above amendment be adopted.

Senator Caskey offered SSA 1 for SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 969, Page 12, Section 168.515, Line 89, by inserting after all of said line, the following:

"Section B. The provisions of this act shall become effective on the 12th of never."; and

Further amend the title and enacting clause accordingly.

Senator Caskey moved that the above substitute amendment be adopted.

At the request of Senator Caskey, SSA 1 for SA 3 was withdrawn.

SA 3 was again taken up.

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

Senator Cauthorn offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bill No. 969, Page 12, Section 168.515, Line 89, by inserting immediately after said line the following:

"171.053. 1. The general assembly hereby finds and declares that:

(1) The Future Farmers of America Organization (FFA Organization), Family, Career, and Community Leaders of America (FCCLA) and 4-H programs in the state and the organized competitions held as a part of the Missouri state fair involve an education and learning process that is not otherwise available in the regular curriculum of secondary education in Missouri;

(2) The principles and practices learned by students in such programs are highly beneficial to students;

(3) Participation in such programs should be encouraged; and

(4) One method of encouraging participation in such programs is to allow such participation to be counted as school attendance for the purpose of determining state school aid.

2. It is the purpose and intent of this section to assure that participation of students in sanctioned activities of such programs be allowed to such extent as may be determined appropriate by the school boards of the various school districts.

3. Any school district which allows an excused absence for athletics or any other extra-curricular school activity shall allow, pursuant to its written policy and with the approval of the responsible sponsoring school employee, any student enrolled in the district to use such regularly scheduled instructional time as is reasonably necessary for such student to participate in an officially-sanctioned activity of any such program; provided, if the program is not a part of the Missouri state fair or 4-H, that such program has a local chapter which is officially recognized by the student's school.

4. For the purpose of distributing state school aid pursuant to section 163.031, RSMo, a student who is participating in an officially-sanctioned activity of any such program, as provided pursuant to subsection 3 of this section, shall be considered to be attending regularly scheduled instruction in the district and such hours of participation occurring during the regular school day shall be included in the district's calculation of average daily attendance, as defined in section 163.011, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Shields moved that SCS for SB 969, as amended, be adopted, which motion prevailed.

On motion of Senator Shields, SCS for SB 969, as amended, was declared perfected and ordered printed.

SB 856, with SCS, was placed on the Informal Calendar.

At the request of Senator Gibbons, SB 1123 was placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

SB 951, introduced by Senator Griesheimer, entitled:

An Act to repeal section 70.300, RSMo, and to enact in lieu thereof one new section relating to contracts of political subdivisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Griesheimer, SB 951 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 952, with SCS, introduced by Senator Wheeler, entitled:

An Act to repeal section 84.510, RSMo, and to enact in lieu thereof one new section relating to certain police officers.

Was called from the Consent Calendar and taken up.

SCS for SB 952, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 952

An Act to repeal sections 84.510 and 84.560, RSMo, and to enact in lieu thereof two new sections relating to certain police officers.

Was taken up.

Senator Wheeler moved that SCS for SB 952 be adopted, which motion prevailed.

On motion of Senator Wheeler, SCS for SB 952 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 1012, introduced by Senator Caskey, entitled:

An Act to repeal section 140.340, RSMo, and to enact in lieu thereof one new section relating to redemption of property.

Was called from the Consent Calendar and taken up.

On motion of Senator Caskey, SB 1012 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 1062, with SCS, introduced by Senator Griesheimer, entitled:

An Act to repeal section 311.485, RSMo, and to enact in lieu thereof one new section relating to liquor licenses for caterers.

Was called from the Consent Calendar and taken up.

SCS for SB 1062, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1062

An Act to amend chapter 311, RSMo, by adding thereto one new section relating to liquor licenses for caterers.

Was taken up.

Senator Clemens assumed the Chair.

Senator Nodler assumed the Chair.

Senator Griesheimer moved that SCS for SB 1062 be adopted, which motion prevailed.

On motion of Senator Griesheimer, SCS for SB 1062 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.

REPORTS OF STANDING COMMITTEES

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SS for SCS for SB 1099, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

REFERRALS

President Pro Tem Kinder referred SS for SCS for SB 1099 and SCS for SJR 44 to the Committee on Governmental Accountability and Fiscal Oversight.

RESOLUTIONS

Senators Days and Goode offered Senate Resolution No. 1358, regarding Charlie A. Dooley, Northwoods, which was adopted.

Senator Kennedy offered Senate Resolution No. 1359, regarding the Reverend Monsignor Richard Gallagher, St. Louis, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Kennedy introduced to the Senate, the Physician of the Day, Dr. Timothy J. McCann, M.D., St. Louis.

On behalf of Senator Gibbons, Senator Yeckel and himself, Senator Kennedy introduced to the Senate, Frank Aufmuth, Kate Skala, Rachel Renna and John Sanders, eighth grade students from Rogers Middle School, Affton.

Senator Gross introduced to the Senate, Jannae Neustadt, St. Charles.

On behalf of Senator Callahan and himself, Senator Bartle introduced to the Senate, Morgan Elliott, Ryan Evans, Katie Martin, Brad Brackenbury, Gayle Watson, Carol Marcks, Rosemary Garten, Debbie Smith, Karla Elliott, Denise Evans and Penny Barrett, Fort Osage School District.

Senator Klindt introduced to the Senate, Ed and Deb Schoenfelt and their daughter, Macenzie, and Katie Holden, Marceline.

Senator Griesheimer introduced to the Senate, Carol Simcox, Washington.

Senator Quick introduced to the Senate, Martin Kelsey, Ashley Stocklaufer, Arielle Saulsbury, Zach Boss, Matt Dye and Stephen Hatfield, Liberty.

Senator Klindt introduced to the Senate, Representatives of Great Northwest.

Senator Nodler introduced to the Senate, teachers Diane Turner, G.G. Wood, and Emma Claybrook, Samantha Stout, Jaxon Meredith and Michael Swanson, first grade students from Joplin Schools Gifted Center; and Emma, Samantha, Jaxon and Michael were made honorary pages.

Senator Foster introduced to the Senate, Representatives of Student Association of Missouri.

Senator Kinder introduced to the Senate, Deborah Kersting, and one hundred March of Dimes volunteers and staff from around the state.

Senator Griesheimer introduced to the Senate, his son, Aaron, and Jon Bauer, Washington; and Cookie Hays, Union.

Senator Bartle introduced to the Senate, students from Kansas City Metropolitan Community Colleges.

Senator Steelman introduced to the Senate, Terri Higgins, Alex Chapman, Ian King, Caitlin Faulkner, Katlyn Pierce, Lindsay Herrera and Carolyn Tragasz, gifted students from Owensville; and Alex, Ian, Caitlin, Katlyn, Lindsay and Carolyn were made honorary pages.

On behalf of Senator Nodler, the President

introduced to the Senate, LeRae Miller, Kim Lester, Nancy Good and Vesta Grindstaff, Joplin; J.B. Kelly, Seneca; Bill Carlsten, Gib Garrow, Shana Griffin and Donna Youngblood, Neosho; Karen Lawson, Saginaw; and Brad Baker, Webb City.

Senator Shields introduced to the Senate, Bill and Pam Hurley and Linda Black with Great Northwest.

Senator Loudon introduced to the Senate, Mayor Harold Dielmann, Councilwoman Patti Trout and members of the Creve Coeur Chamber of Commerce.

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

SENATE CALENDAR

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TWENTY-FIFTH DAY-THURSDAY, FEBRUARY 19, 2004

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

CONSENT CALENDAR

Senate Bills

Reported 2/9

Reported 2/16