Journal of the Senate

SECOND REGULAR SESSION

FORTY-THIRD DAY--MONDAY, MARCH 29, 2004

Senator Nodler in the Chair.

Reverend Carl Gauck offered the following prayer:

"The earth is the Lord's and the world and those who dwell therein;..." (Psalm 24:1)

Creator God, we return refreshed from our Spring break and once again renewed to do what is before us. Grant us, we pray, that our eyes may see what must be done and our thoughts and hearts set to accomplish all that You have laid ahead of us. And bless us throughout this week with Your presence. 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 Journals for Thursday, March 18, 2004, and Tuesday, March 23, 2004, were read and approved.

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

RESOLUTIONS

Senator Foster offered Senate Resolution No. 1615, regarding Jenna Boyd, Portageville, which was adopted.

Senator Quick offered Senate Resolution No. 1616, regarding the Honorable Ron Van Winkle, Smithville, which was adopted.

Senator Kinder offered Senate Resolution No. 1617, regarding Derek Winans, East Cape Girardeau, Illinois, which was adopted.

Senator Kennedy offered Senate Resolution No. 1618, regarding David Travis Buttig, St. Louis, which was adopted.

Senator Callahan offered Senate Resolution No. 1619, regarding St. Anns Catholic Church, which was adopted.

Senator Yeckel offered Senate Resolution No. 1620, regarding Paul N. Giljum, St. Louis, which was adopted.

Senator Steelman offered Senate Resolution No. 1621, regarding the Seventieth Birthday of Joseph Henry Kever, Westphalia, which was adopted.

Senator Bartle offered Senate Resolution No. 1622, regarding Patrick James "PJ" LeCluyse, Lee's Summit, which was adopted.

Senator Bartle offered Senate Resolution No. 1623, regarding Zachary Mark Banks, Lee's Summit, which was adopted.

CONCURRENT RESOLUTIONS

Senator Dougherty offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 45

Relating to the designation of April as "Literacy

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

WHEREAS, literacy means having a broad range of skills that include reading, writing, mathematics, critical thinking, and speaking in English; and

WHEREAS, for businesses, literacy also includes such workplace basics as using computers, working on teams, and making decisions, and a literate workforce is essential to the local, state, and national economy and effects economic competitiveness in a global market; and

WHEREAS, learning does not end with formal education but continues throughout life as individuals acquire new knowledge and skills; and

WHEREAS, literacy empowers parents in their role as their children's first teacher, preparing their children to be ready to learn upon entering school and helping their children to succeed once in school; and

WHEREAS, English as a second language programs empower non-English speaking adults to be successful in society and at work, and to contribute to the success of their children at home through language development and to participate in their children's education; and

WHEREAS, literacy empowers Missouri citizens by enabling them to exercise the rights and responsibilities of citizenship:

NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-second General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby designate April of each year to be "Literacy Month" in Missouri; and

BE IT FURTHER RESOLVED that the members of the General Assembly recommend that Literacy Month be observed by schools and all Missouri citizens with appropriate activities that focus public awareness on empowering Missourians through increased literacy skills; and

BE IT FURTHER RESOLVED that this resolution be sent to the Governor for his approval or rejection pursuant to the Missouri Constitution.

Read 1st time.

THIRD READING OF SENATE BILLS

SB 1259, introduced by Senator Childers, entitled:

An Act to repeal section 306.127, RSMo, and to enact in lieu thereof one new section relating to temporary boater education permits, with a termination date.

Was called from the Consent Calendar and taken up.

On motion of Senator Childers, SB 1259 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 1269, with SCS, introduced by Senator Yeckel, entitled:

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.

Was called from the Consent Calendar and taken up.

SCS for SB 1269, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1269

An Act to repeal sections 67.1401, 67.1461, and 67.1545, RSMo, and to enact in lieu thereof three new sections relating to sales and use tax authorized in certain districts.

Was taken up.

Senator Yeckel moved that SCS for SB 1269 be adopted.

At the request of Senator Yeckel, the above motion was withdrawn, which placed the bill back on the Consent Calendar.

SB 1296, introduced by Senator Callahan, entitled:

An Act to authorize the sale of certain state property.

Was called from the Consent Calendar and taken up.

On motion of Senator Callahan, SB 1296 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 1302, introduced by Senator Champion, entitled:

An Act relating to authorizing the board of governors of Southwest Missouri State University to convey property in Springfield, with an emergency clause.

Was called from the Consent Calendar and taken up.

On motion of Senator Champion, SB 1302 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:

Senator Bartle assumed the Chair.

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 1304, with SCS, introduced by Senators Griesheimer and Gibbons, entitled:

An Act to repeal section 99.847, RSMo, and to enact in lieu thereof one new section relating to reimbursement from the special allocation fund for emergency services.

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

SCS for SB 1304, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1304

An Act relating to reimbursement from the special allocation fund for emergency services.

Was taken up.

Senator Griesheimer moved that SCS for SB 1304 be adopted, which motion prevailed.

On motion of Senator Griesheimer, SCS for SB 1304 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.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 1081, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 1081, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1081

An Act to amend chapter 431, RSMo, by adding thereto six new sections relating to resolution of disputes concerning alleged defective residential construction.

Was taken up.

Senator Kinder moved that SCS for SB 1081 be adopted.

Senator Kinder offered SS for SCS for SB 1081, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1081

An Act to amend chapter 431, RSMo, by adding thereto six new sections relating to resolution of disputes concerning alleged defective residential construction.

Senator Kinder moved that SS for SCS for SB 1081 be adopted.

Senator Quick offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 5, Section 431.303, Line 15, by striking the word "NINETY" and inserting in lieu thereof "THIRTY".

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

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 15, Section 431.312, Lines 11-14, by striking all of said lines and inserting in lieu thereof the following:

"3. Statements made during the mediation hearing by any party claimant, any party contractor, or any attorney or other agent of a party claimant or party contractor shall not be admissible in a subsequent action.".

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

Senator Quick offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 16, Section 431.315, Line 19, by inserting after all of said line the following:

"Section 1. The provisions of sections 431.300 through 431.315 shall not apply to any claim of a homeowner against a contractor if such contractor failed to provide the written notice required by section 431.303."; and

Further amend the title and enacting clause accordingly.

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

Senator Jacob offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Section 431.306, Page 7, Lines 20-21, by deleting immediately after the word "claim" the following "described in the notice of claim without further notice.".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Jacob, SA 4 was withdrawn.

Senator Jacob offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 7, Section 431.306, Line 20, by striking after the words "defect claim" the words: "described in the notice of claim".

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

Senator Quick offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 12, Section 431.306, Line 24, by inserting after all of said line the following:

"11. The prevailing party in any action brought pursuant to this section may be awarded reasonable attorneys fees and court costs.".

Senator Quick moved that the above amendment be adopted.

Senator Jacob offered SA 1 to SA 6, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 6

Amend Senate Amendment No. 6 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 1, Section 431.306, Line 5, by inserting after the end of said line the following:

"And further amend said bill, page 5, section 431.303, line 25, by inserting immediately at the end of said line the following: "THE PREVAILING PARTY IN ANY ACTION BROUGHT BY THE CLAIMANT AGAINST A CONTRACTOR MAY BE AWARDED REASONABLE ATTORNEY FEES AND COURT COSTS." ".

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

SA 1 to SA 6 failed of adoption by the following vote:

SA 6 was again taken up.

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

SA 6 failed of adoption by the following vote:

Senator Jacob offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Section 431.306, Page 11, Lines 13-15, by deleting the following "Prior to commencing any action alleging a construction defect or after the dismissal of any action without prejudice pursuant to subsection 6 of this section, the" and inserting in lieu thereof "The".

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

Senator Jacob offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 5, Section 431.303(3), Line 28, by adding after the word "section" the following: "or the contractor otherwise does not comply with the provisions of sections 431.300 through 431.315".

Senator Jacob moved that the above amendment be adopted.

Senator Nodler assumed the Chair.

At the request of Senator Kinder, SB 1081, with SCS, SS for SCS and SA 8 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 1014, as amended. Representatives: Bearden, Lager, Purgason, Campbell and LeVota.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 739, as amended, and grants the Senate a conference thereon.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 18, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Monica L. Anthony, 404 Norris Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Personnel Advisory Board, for a term ending July 13, 2008, and until her successor is duly appointed and qualified; vice, Vicky Weimholt, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 18, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Robert Estes, Republican, 1613 S. Garrison Avenue, Carthage, Jasper County, Missouri 64836, as a member of the State Committee of Marital and Family Therapists, for a term ending January 26, 2009, and until his successor is duly appointed and qualified; vice, John R. Small, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 18, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Debra Foster Greene, Ph.D., 3608 Mall Ridge Street, Jefferson City, Cole County, Missouri 65109, as a member of the Unmarked Human Burial Consultation Committee, for a term ending July 3, 2006, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 18, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Darryl E. Knopf, Democrat, 7303 Christopher, St. Louis, St. Louis County, Missouri 63129, as a member of the Missouri Real Estate Appraisers Commission, for a term ending September 12, 2006, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 18, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Linda J. Picou, Republican, 2546 Grayland Walk, St. Louis, St. Louis County, Missouri 63129, as a member of the Workers' Compensation Determination Review Board, for a term ending March 3, 2007, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 18, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Tia Marie Strait, 211 N. Garrison, Carthage, Jasper County, Missouri 64836, as a member of the Advisory Commission for Dental Hygienists, for a term ending March 22, 2009, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 18, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Donald Vanderfeltz, 26683 Highway D, California, Moniteau County, Missouri 65018, as a member of the State Board of Optometry, for a term ending June 30, 2006, and until his successor is duly appointed and qualified; vice, Terrence Swinger, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 18, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Jane L. VanSant, 700 Southeast 800 Road, Leeton, Johnson County, Missouri 64761, as a member of the Missouri Acupuncturist Advisory Committee, for a term ending December 10, 2007, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Ronald A. Battelle, 1494 Kingsford Drive, Florissant, St. Louis County, Missouri 63031, as a member of the Peace Officer Standards and Training Commission, for a term ending October 3, 2006, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Cynthia Jane Brinkley, Republican, 12214 Mentz Hill Road, St. Louis, St. Louis County, Missouri 63128, as a member of the Harris-Stowe State College Board of Regents, for a term ending August 28, 2008, and until her successor is duly appointed and qualified; vice, Carol Banta Walker, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Patricia A. Lepp, 6239 Kings Ferry Road, St. Louis, St. Louis County, Missouri 63129, as a member of the Missouri Dental Board, for a term ending January 10, 2009, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Danny D. Opie, 235 Highway FF, P.O. Box 89, Eldon, Miller County, Missouri 65026, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees, for a term ending February 6, 2008, and until his successor is duly appointed and qualified; vice, William H. Creech, Jr., term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Lois Riney, 309 Amanda Drive, Ashland, Boone County, Missouri 65010, as public member of the State Board of Podiatric Medicine, for a term ending August 16, 2006, and until her

successor is duly appointed and qualified; vice, Mary Marjorie Hughes, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Debbie K. Vandevender, 4301 E. 10th Street, Trenton, Grundy County, Missouri 64683, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2007, and until her successor is duly appointed and qualified; vice, Patti Penny, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

INTRODUCTIONS OF GUESTS

Senator Wheeler introduced to the Senate, Kathryn Knotts and Joni Cobb, Independence.

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

SENATE CALENDAR

______

FORTY-FOURTH DAY-TUESDAY, MARCH 30, 2004

______

FORMAL CALENDAR

HOUSE BILLS ON SECOND READING

THIRD READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

CONSENT CALENDAR

Senate Bills

Reported 2/9

SB 741-Klindt

Reported 3/1

Reported 3/8

SB 1215-Griesheimer, with SCS

(In Fiscal Oversight)

Reported 3/15

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES

In Conference

RESOLUTIONS

To be Referred

Reported from Committee

SR 1451-Yeckel