Journal of the Senate

FIRST REGULAR SESSION

FORTY-FOURTH DAY—WEDNESDAY, MARCH 30, 2005

       The Senate met pursuant to adjournment.

       President Kinder in the Chair.

       Reverend Carl Gauck offered the following prayer:

          Martin Luther prayed for lawmakers: “Give them the ability to work for what is necessary to keep the peace and let them exercise care, lest their laws become impossible burdens.”

          Gracious God, we pray also that You help legislators fashion and shape laws that will encourage men and women to live in peace. We pray that they may be able to create legislation that provides governing with strength and power tempered by justice. We pray that You will inspire them with wisdom to write laws with integrity that encourages goodwill among all citizens. And we pray they accomplish that which is well pleasing to You. 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.

       Senator Shields announced that photographers from KRCG-TV were given permission to take pictures in the Senate Chamber today.

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

       Senator Scott assumed the Chair.

                                                                     RESOLUTIONS

       Senator Ridgeway offered Senate Resolution No. 856, regarding the Fiftieth Anniversary of the Greater Northland Junior Chamber of Commerce, which was adopted.

       Senator Ridgeway offered Senate Resolution No. 857, regarding Alex Carpenter, Liberty, which was adopted.

SENATE BILLS FOR PERFECTION

       Senator Dolan moved that SB 168, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SB 168, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 168

       An Act to amend chapter 431, RSMo, by adding thereto eight new sections relating to resolution of conflicts resulting from alleged residential construction defects.

       Was taken up.

       Senator Dolan moved that SCS for SB 168 be adopted.

       Senator Dolan offered SS for SCS for SB 168, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 168

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

       Senator Dolan moved that SS for SCS for SB 168 be adopted.

       President Kinder assumed the Chair.

       Senator Scott assumed the Chair.

       Senator Dolan offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 15, Section 431.312, Lines 25-26, by striking the words “, except as provided in subsection 3 of section 431.315”; and further amend section 431.315, page 18, lines 2-5 by striking all of said lines; and further renumber the remaining subsection accordingly.

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

       Senator Dolan offered SA 2:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 1, Section A, Line 4, by inserting after all of said line the following:

       “213.041. 1. No declaration or other governing document of a homeowners association shall include a restrictive covenant in violation of section 213.040.

       2. Notwithstanding any other provision of law or provision of the governing documents, the board of directors of a homeowners association shall amend, without approval of the owners, any declaration or other governing document that includes a restrictive covenant in violation of section 213.040, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.

       3. If after providing written notice to a homeowners association requesting that the association delete a restrictive covenant in violation of section 213.040, and the association fails to delete the restrictive covenant within thirty days of receiving the notice, the Missouri commission on human rights, a city or county in which a common interest development is located, or any person may bring an action against the homeowners association for injunctive relief to enforce the provisions of subsections 1 and 2 of this section. The court may award attorney's fees to the prevailing party.

       4. The provisions of this section shall become effective on January 1, 2006.”; and

       Further amend the title and enacting clause accordingly.

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

       Senator Bray offered SA 3, which was read:

SENATE AMENDMENT NO. 3

       Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 5, Section 431.303, Line 28, by inserting after all of said line the following:

       “3. In addition to the notice required by subsection 2 of this section, the contractor shall also provide a flowchart describing the timeframe guidelines and process for complying with sections 431.300 to 431.315.”; and further renumber the remaining subsections accordingly.

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

       Senator Dolan moved that SS for SCS for SB 168, as amended, be adopted, which motion prevailed.

       On motion of Senator Dolan, SS for SCS for SB 168, as amended, was declared perfected and ordered printed.

       SB 348 was placed on the Informal Calendar.

       SB 74 and SB 49, with SCS, were placed on the Informal Calendar.

       SB 95 was placed on the Informal Calendar.

       SB 12 was placed on the Informal Calendar.

       SB 23 and SB 51, with SCS, were placed on the Informal Calendar.

       SB 232 was placed on the Informal Calendar.

       Senator Koster moved that SB 319, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SB 319, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 319

       An Act to repeal section 288.110, RSMo, and to enact in lieu thereof one new section relating to the transfers of experience and assignment of rates for employer accounts, with penalty provisions and an effective date.

       Was taken up.

       Senator Koster moved that SCS for SB 319 be adopted.

       At the request of Senator Koster, SB 319, with SCS (pending) was placed on the Informal Calendar.

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

65101

March 29, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

          John C. Hanneke, Democrat, 1522 Wild Goose Run, Saint Charles, Saint Charles County, Missouri 63303, as a member of the Credit Union Commission, for a term ending January 1, 2009, and until his successor is duly appointed and qualified; vice, reappointed to a full term.Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 29, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

          Matthew A. Hughes, 30 Park Street, Farmington, Saint Francois County, Missouri 63640, as a member of the Governor’s Council on Disability, for a term ending October 1, 2008, and until his successor is duly appointed and qualified; vice, David Terrell, term expired.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 29, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

          John G. Kennon, 21 Grizzly Court, Farmington, Saint Francois County, Missouri 63640, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2006, and until his successor is duly appointed and qualified; vice, James Dickerson, term expired.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 29, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

          Ryne P. Lilly, Republican, 4326 Stonecrest Drive, Saint Joseph, Buchanan County, Missouri 64506, as a member of the Missouri Western State College Board of Regents, for a term ending October 29, 2010, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MATT BLUNT

Governor

          Also,OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 29, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

          Daniel Scodary, M.D., Republican, 252 Ladue Lake, Saint Louis, Saint Louis County, Missouri 63141, as a member of the State Board of Registration for the Healing Arts, for a term ending September 3, 2007, and until his successor is duly appointed and qualified; vice, Doug J. Fitzwater, withdrawn.

Respectfully submitted,

MATT BLUNT

Governor

          Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

March 29, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

          Celeste T. Witzel, Republican, 3116 Southridge Park Lane, Saint Louis, Saint Louis County, Missouri 63129, as a member of the State Lottery Commission, for a term ending September 7, 2007, and until her successor is duly appointed and qualified; vice, Kenneth Hensley, term expired.

Respectfully submitted,

MATT BLUNT

Governor

       President Pro Tem Gibbons referred the above appointments to the Committee on Gubernatorial Appointments.

REPORTS OF STANDING COMMITTEES

       Senator Shields, 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 269, 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 Gibbons referred SS for SCS for SB 269 to the Committee on Governmental Accountability and Fiscal Oversight.

HOUSE BILLS ON SECOND READING

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

       HCS for HB 441—Judiciary and Civil and Criminal Jurisprudence.

       HCS for HB 347—Judiciary and Civil and Criminal Jurisprudence.

       HCS for HB 468—Financial and Governmental Organizations and Elections.

       HB 248—Financial and Governmental Organizations and Elections.

       HCS for HB 297—Education.

       HCS for HB 135—Economic Development, Tourism and Local Government.

       HB 229—Ways and Means.

       HB 230—Ways and Means.

       HCS for HB 379—Financial and Governmental Organizations and Elections.

       HB 40—Economic Development, Tourism and Local Government.

       HCS for HB 56—Aging, Families, Mental and Public Health.

       HB 127—Economic Development, Tourism and Local Government.

       HCS for HB 47—Economic Development, Tourism and Local Government.

       HCS for HBs 163, 213 and 216—Pensions, Veterans’ Affairs and General Laws.

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

RECESS

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

THIRD READING OF SENATE BILLS

       SB 518, introduced by Senators Kennedy and Graham, entitled:

       An Act to repeal section 191.859, RSMo, and to enact in lieu thereof two new sections relating to the advisory assistive technology council.

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

       Senator Kennedy moved that SB 518 be read the 3rd time and finally passed.

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

SENATE BILLS FOR PERFECTION

       At the request of Senator Taylor, SB 274 was placed on the Informal Calendar.

       Senator Klindt moved that SB 462, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SB 462, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 462

       An Act to repeal section 393.145, RSMo, and to enact in lieu thereof two new sections relating to certain sewer and water corporations.

       Was taken up.

       Senator Klindt moved that SCS for SB 462 be adopted.

       Senator Klindt offered SS for SCS for SB 462, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 462

       An Act to repeal section 393.145, RSMo, and to enact in lieu thereof two new sections relating to certain sewer and water corporations.

       Senator Klindt moved that SS for SCS for SB 462 be adopted, which motion prevailed.

       On motion of Senator Klindt, SS for SCS for SB 462 was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

       Senator Kennedy moved that SB 518 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

       On motion of Senator Kennedy, SB 518 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 Shields moved that motion lay on the table, which motion prevailed.

       SB 170, with SCS, introduced by Senator Gross, entitled:

       An Act to repeal sections 260.905, 260.925, 260.945, and 260.960, RSMo, and to enact in lieu thereof five new sections relating to hazardous waste, with an emergency clause and an expiration date.

       Was called from the Consent Calendar and taken up.

       SCS for SB 170, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 170

       An Act to repeal sections 260.900, 260.905, 260.925, 260.935, 260.940, 260.945, and 260.960, RSMo, and to enact in lieu thereof eight new sections relating to hazardous waste, with an emergency clause and an expiration date.

       Was taken up.

       Senator Gross moved that SCS for SB 170 be adopted, which motion prevailed.

       On motion of Senator Gross, SCS for SB 170 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 Gross, title to the bill was agreed to.

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

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

PRIVILEGED MOTIONS

       Having voted on the prevailing side, Senator Nodler moved that the vote by which SB 187 failed on 3rd reading and final passage be reconsidered, which motion prevailed by the following vote:

       SB 187 was read the 3rd time and passed by the following vote: