Journal of the Senate

FIRST REGULAR SESSION

THIRTY-SECOND DAY--WEDNESDAY, MARCH 5, 2003

Senator Bartle in the Chair.

Reverend Carl Gauck offered the following prayer:

"They said to one another, 'Here comes this dreamer.'" (Genesis 37:19)

Creator God, You supply us with all that we need and we are thankful. Yet we would ask to receive a vision that will help guide us and strengthen us as we go through the challenges that continue to come before us. Bless us so and we will follow Your directions and fulfill our destiny. 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 Childers offered Senate Resolution No. 311, regarding Misha Ann Hull Blakely, Barry County, which was adopted.

THIRD READING OF SENATE BILLS

SB 57, introduced by Senator Nodler, entitled:

An Act to repeal section 130.026, RSMo, relating to filing of campaign finance reports, 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 Nodler, SB 57 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 Goode moved that motion lay on the table, which motion prevailed.

SB 142, introduced by Senators Goode and Days, entitled:

An Act to repeal sections 88.010, 88.013, 88.027, 88.030, 88.040, 88.043, 88.047, 88.050, 88.053, 88.057, 88.060, 88.063, and 88.073, RSMo, and to enact in lieu thereof thirty new sections relating to condemnation proceedings for towns and villages.

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

On motion of Senator Goode, SB 142 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 186, introduced by Senator Cauthorn, entitled:

An Act to repeal section 59.041, RSMo, relating to recorders of deeds, 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 Cauthorn, SB 186 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.

SB 218, with SCS, introduced by Senator Goode, et al, entitled:

An Act to repeal section 249.422, RSMo, and to enact in lieu thereof one new section relating to fees imposed by municipalities to repair lateral sewer service lines.

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

SCS for SB 218, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 218

An Act to repeal section 249.422, RSMo, and to enact in lieu thereof one new section relating to fees imposed by municipalities to repair lateral sewer service lines.

Was taken up.

Senator Goode moved that SCS for SB 218 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for SB 218 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

Senator Goode 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 Loudon moved that SB 34, with SS, SA 1 and SA 1 to SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 to SA 1 was again taken up.

Senator Loudon offered SSA 1 for SA 1 to SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Substitute for Senate Bill No. 34, Page 1, Line 5, by adding after the word "minor" the following: "unless that person intentionally causes, aids or assists a minor to obtain an abortion.".

Senator Loudon moved that the above substitute amendment be adopted.

Senator Jacob raised the point of order that SSA 1 for SA 1 to SA 1 is out of order as it is in the third degree and further raised a second point of order that SSA 1 for SA 1 to SA 1 is not a true substitute amendment.

The points of order were referred to the President Pro Tem.

Senator Gross assumed the Chair.

President Pro Tem Kinder ruled the first point of order raised by Senator Jacob not well taken and the second point of order well taken.

SA 1 to SA 1 was again taken up.

Senator Bartle assumed the Chair.

Photographers from KOMU-TV were given permission to take pictures in the Senate Chamber today.

Senator Jacob offered SSA 2 for SA 1 to SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2 FOR

SENATE AMENDMENT NO. 1

TO SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Substitute for Senate Bill No. 34, Page 1, Section 188.250, Line 4, by deleting the words "or other member of the clergy" and inserting in lieu thereof "clergy person, priest, rabbi, or other person serving in a similar capacity for any religious organization"; and further amending same page, same section, line 5, by inserting at the end of said line the following: "For purposes of this section, the term "religious organization" shall include any society, sect, persuasion, mission, church, parish, congregation, temple, convention or association of any of the foregoing, diocese or presbytery, or other organization that has or would qualify for federal tax exempt status as a nonprofit religious organization under section 501(c) of the Internal Revenue Code; or an entity whose real estate is exempt from taxation because it is used for religious purposes.".

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

SA 1, as amended, was again taken up.

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

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Substitute for Senate Bill No. 34, Page 1, Line 5, by adding after the word "minor" the following: "unless that person intentionally causes, aids or assists a minor to obtain an abortion.".

Senator Loudon moved that the above amendment be adopted.

Senator Jacob raised the point of order that SA 2 to SA 1 is out of order as it is a negative amendment.

Senator Shields assumed the Chair.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator Bartle assumed the Chair.

SA 1, as amended, was again taken up.

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

SA 1, as amended, failed of adoption by the following vote:

Senator Caskey offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 34, Page 2, Section 188.250, Line 7, by inserting after all of said line the following:

"6. All parents are hereby mandated to have a healthy, communicative relationship with their minor children. Failure to maintain such a relationship at all times shall give rise to a civil cause of action by the aggrieved child or by any grandchildren resulting from such failure, which shall not expire until two years after the child's twenty-first birthday. A court may award damages, including attorney's fees and court costs, and may include an award for punitive damages.".

Senator Caskey moved that the above amendment be adopted.

At the request of Senator Caskey, SA 2 was withdrawn.

Senator Gross assumed the Chair.

Senator Shields assumed the Chair.

Senator Bray offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Bill No. 34, Page 2, Section 188.250, Line 7, by inserting after all of said line the following:

"6. The provisions of this section shall not apply in the case of a minor who obtains an abortion as a result of rape or incest or in order to preserve the life or health of the minor.".

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, Coleman, Days and Jacob.

SA 3 failed of adoption by the following vote:

Senator Days offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Bill No. 34, Page 2, Section 188.250, Line 7 of said page, by inserting after all of said line the following:

"6. The provisions of this section shall not apply to any grandparent, sibling, aunt, or uncle of a minor.".

Senator Days moved that the above amendment be adopted.

At the request of Senator Loudon, SB 34, with SS and SA 4 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

The following message was 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 House refuses to adopt SCS for HCS for HB 15 and requests the Senate to recede from its position and failing to do so grant the House a conference thereon.

PRIVILEGED MOTIONS

Senator Russell moved that the Senate refuse to recede from its position on SCS for HCS for HB 15 and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 15: Senators Russell, Gross, Childers, Goode and Coleman.

RE-REFERRALS

President Pro Tem Kinder re-referred SB 439 and SB 440 to the Committee on Commerce and the Environment.

RESOLUTIONS

Senator Gross offered Senate Resolution No. 312, regarding Betty Morris, Aberdeen, Maryland, which was adopted.

Senator Dougherty offered Senate Resolution No. 313, regarding Allison Raven Brown, which was adopted.

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 Steelman.

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 36, 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 36 to the Committee on Governmental Accountability and Fiscal Oversight.

SECOND READING OF

CONCURRENT RESOLUTIONS

The following Concurrent Resolution was read the 2nd time and referred to the Committee indicated:

HCR 15--Rules, Joint Rules, Resolutions and Ethics.

SENATE BILLS FOR PERFECTION

Senator Loudon moved that SB 34, with SS and SA 4 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 4 was again taken up.

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

Senator Bray offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Bill No. 34, Section 188.250, Page 2, Line 7, by inserting after the end of said line the following:

"6. Any cause of action filed pursuant to this section shall be brought within two years from the date of the abortion.".

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

Senator Bray offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Bill No. 34, Section 188.250, Page 1, Lines 10-12, by deleting said lines and inserting in lieu thereof the following:

"188.028. In the event a lawsuit is filed pursuant to this section, the prevailing party shall be awarded attorney fees, suit expenses and court costs.".

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 Caskey, Days, Coleman and Wheeler.

SA 6 failed of adoption by the following vote:

Senator Bray offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Bill No. 34, Page 2, Section 188.250, Line 7, by inserting after all of said line the following:

"6. The provisions of this section shall not apply in the case of a minor who obtains an abortion as a result of rape or incest.".

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 Coleman, Days, Quick and Wheeler.

SA 7 failed of adoption by the following vote:

Senator Wheeler offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Bill No. 34, Pages 1-2, Section 188.250, Lines 19-7, by deleting all of said lines.

Senator Wheeler moved that the above amendment be adopted.

At the request of Senator Wheeler, SA 8 was withdrawn.

At the request of Senator Loudon, SB 34, with SS (pending), was placed on the Informal Calendar.

At the request of Senator Loudon, SB 347, with SCS, was placed on the Informal Calendar.

Senator Dolan moved that SB 481, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 481, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 481

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

Was taken up.

Senator Dolan moved that SCS for SB 481 be adopted.

Senator Dolan offered SS for SCS for SB 481, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 481

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

Senator Dolan moved that SS for SCS for SB 481 be adopted.

Senator Russell offered SS for SS for SCS for SB 481, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 481

An Act to repeal section 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 Russell moved that SS for SS for SCS for SB 481 be adopted.

At the request of Senator Dolan, SB 481, with SCS, SS for SCS and SS for SS for SCS (pending), was placed on the Informal Calendar.

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 280, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Russell, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 14, begs leave to report that it has considered the same and recommends that the bill do pass.

MESSAGES FROM THE HOUSE

The following message was 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 15 Representatives: Bearden, Lager, Roark, Riback Wilson (25), and Campbell.

RESOLUTIONS

Senator Days offered Senate Resolution No. 314, regarding Falun Dafa, which was adopted.

Senator Stoll offered Senate Resolution No. 315, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Arthur Markus, St. Louis, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Mathewson introduced to the Senate, Eric McKenzie, Keytesville; and Eric was made an honorary page.

Senator Wheeler introduced to the Senate, Josh Packwood, Kansas City.

Senator Cauthorn introduced to the Senate, Betsy Daniel, Greenfield.

Senator Kinder introduced to the Senate, LeAnn Walther, Jackson.

Senator Caskey introduced to the Senate, Laura McGowan, Adrian; and Laura was made an honorary page.

Senator Vogel introduced to the Senate, Brian Kliethermes, Tipton.

Senator Klindt introduced to the Senate, Carrie Ware, Polo; and Jessica Walker, Maryville.

Senator Scott introduced to the Senate, Anthony Jones, Lamar.

Senator Foster introduced to the Senate, Michael Painton, Bell City.

Senator Vogel introduced to the Senate, Coach Mike Jeffries, Assistant Coaches David Ganey, Travis Reinsch, Jeff Berendzen, Dana DeWeese, and the 2003 Missouri State High School Activities Association Class 2 State Champion Helias Crusaders Wrestling Team: John Kusick, Tom Koenigsfeld, Matt Chinn, Tyler Eads, Ben Cardwell, Will Ayers, Chad Loethen, Brian Markway, David Suthoff, John Komaromi, Zeke Vanderfeltz, Jeff Heet, Kyle Hoelscher, and Mike Malone.

Senator Dolan introduced to the Senate, seventh and eighth grade students representing the Gifted Program of Saeger and Barnwell Middle School, St. Charles County.

Senator Klindt introduced to the Senate, members of the Maryville Chamber of Commerce.

Senator Foster introduced to the Senate, the Caruthersville Social Studies Core Extension Class, Caruthersville; and Chelsey Fruhling, Kate Loethen, Christian Abbott, and Graham Gardner were made honorary pages.

On behalf of Senator Clemens and herself, Senator Champion introduced to the Senate, sixth, seventh, and eighth grade students representing the Middle Year's Scholars Program at Central High School, Springfield.

On behalf of Senator Gross and himself, Senator Kennedy introduced to the Senate, members of FOCUS Leadership St. Louis: Robert G. Batts, Wendy Buehler, Jean Cavender, Christine Kuech Conrad, Honorable Steve Ehlmann, Lorraine Goffe-Rush, Janet M. Holloway, Andrea A. Johnson, Susan E. Buford, Judy Preddy Draper, Barbara A. Enneking, Ann Marie Ficken, Monique Gorden, Major David R. Heath, Zachary A.

Hummel, Jacob Johnson, Judith C. Broston, Marilyn K. Bush, Andrew Conover, Norman W. Drey, Fran Fanara, Mary T. Goedde, Angela Feddersen Heinze, Molly Hyland, Edward Thomas Jones, Nina Leigh Krueger, Gregory Ward Lukeman, McGraw Milhaven, Cheryl D. Polk, Larry R. Smith, Stewart Weinberg, Michael E. Whittle, Leah A. Merrifield, Peggy L. Milner, Cynthia A. Prost, Ching-Ling Tai, James N. Valenti, Arthur Eric Weiss, Irvetta J. Williams, Christine A. Chadwick, Albert James Mitchell, Steven R. Sullivan, Susan S. Wedemeyer, Susan K. Weissman, E. Terence Jones, and Jim Eye, St. Louis; Remy Billups, Edwardsville, IL; William P. Charinsky, St. Peters; Barbara L. Griffith, Major David L. Todd, and Amie Kathleen Stein, St. Charles; Susan Pundmann Lauth, Wentzville; Martin Francis Leifeld, Belleville, IL; Beth Meyerson, Warrenton; Winston Rogers, III, Florissant; Thomas N. Tener, Fenton; Willis E. Young, East St. Louis, IL; and Susan B. Svejkosky, O'Fallon.

Senator Steelman introduced to the Senate, Mandy Meyer, Chamois.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Hal Williamson, M.D., Columbia.

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

SENATE CALENDAR

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THIRTY-THIRD DAY-THURSDAY, MARCH 6, 2003

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING