Journal of the Senate

FIRST REGULAR SESSION

THIRTY-EIGHTH DAY--FRIDAY, MARCH 14, 2003

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"The human mind plans the way, but the Lord directs the steps." (Proverbs 16:9)

Gracious God, we trust that You will direct our way as we weigh the needs of our people and construct a path that takes us to that future known only to You. Help us, we pray, in our discernment and grant us wisdom to make insightful decisions that will get us there. And Lord watch over us this day our "going out and coming in". 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:

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

Senator Klindt, Chairman of the Committee on Agriculture, Conservation, Parks and Natural Resources, submitted the following report:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Natural Resources, to which was referred SB 38, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE BILLS FOR PERFECTION

Senator Scott moved that SB 280, with SCS, SS for SCS, SS for SS for SCS, SA 16 and SSA 1 for SA 16 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 1 for SA 16 was again taken up.

Senator Gibbons moved that the above amendment be adopted.

Senator Childers assumed the Chair.

A quorum was established by the following vote:

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

A quorum was established by the following vote:

A quorum was established by the following vote:

A quorum was established by the following vote:

President Maxwell assumed the Chair.

A quorum was established by the following vote:

A quorum was established by the following vote:

Senator Gross assumed the Chair.

Senator Shields assumed the Chair.

A quorum was established by the following vote:

A quorum was established by the following vote:

SSA 1 for SA 16 was again taken up.

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

Senator Gross assumed the Chair.

Senator Steelman offered SA 17:

SENATE AMENDMENT NO. 17

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 14, Section 355.176, Line 3 of said page, by striking the word "or"; and further amend line 5 of said page, by inserting immediate after the word "maintained" the following: "; or

(3) The county in which the corporation maintains its principal place of business"; and

Further amend said bill, page 17, Section 508.010, line 17 of said page, by inserting immediately after "actions" the following: "filed after August 28, 2003"; and further amend lines 19-20 of said page, by striking all of said lines inserting in lieu thereof the following: "suit may be brought in the following counties:

(a) Where a substantial part of the event or omission complained of occurred;

(b) Where any defendant resides, provided that a corporate defendant resides only in the county where the office of its registered agent is located or where it has its principal office;

(c) If a defendant is a motor carrier regulated pursuant to chapter 390, RSMo, then any county where the defendant operates;

(d) If all defendants are nonresidents, then venue is proper in any county;

(e) If any defendant is a resident, whether that defendant is joined originally or is added as a party at any time subsequent to the filing of the action, venue is proper only as set forth in paragraphs (a) through (c) of this subdivision, and any resident party may move for a dismissal based upon improper venue when added as a party defendant, provided that said motion is made within the time prescribed by supreme court rule. Process"; and further amend lines 26-29 of said page, by striking all of said lines; and

Further amend said bill and section, page 18, line 1 of said page, by striking all of said line; and

Further amend said bill, page 18, Section 508.040, lines 2-16 of said page, by striking all of said section from the bill; and

Further amend said bill, pages 18-21, Section 508.075, by striking all of said section from the bill; and

Further amend said bill, pages 21-22, Section 508.120, by striking all of said section from the bill; and

Further amend said bill, page 22, Section 508.290, lines 2-23 of said page, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

Senator Steelman moved that the above amendment be adopted.

Senator Caskey offered SA 1 to SA 17, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 17

Amend Senate Amendment No. 17 to Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 1, Section 355.176, Line 17, by deleting the word "its" and inserting in lieu thereof "a"; and further amend said bill and section, page 1, line 18, by inserting after the word "business" the following "The term principal office shall defined as any offices where the corporation conducts a significant portion of its business.".

Senator Caskey moved that the above amendment be adopted.

Senator Scott raised the point of order that SA 1 to SA 17 is out of order in that it is in the third degree.

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

Senator Caskey offered SSA 1 for SA 17:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 17

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 14, Section 355.176, Line 3 of said page, by striking the word "or"; and further amend line 5 of said page, by inserting immediate after the word "maintained" the following: "; or

(3) The county in which the corporation maintains a principal place of business. The term "principal office" shall be defined as any offices where the corporation conducts a significant portion of its business."; and

Further amend said bill, page 17, Section 508.010, line 17 of said page, by inserting immediately after "actions" the following: "filed after August 28, 2003"; and further amend lines 19-20 of said page, by striking all of said lines inserting in lieu thereof the following: "suit may be brought in the following counties:

(a) Where a substantial part of the event or omission complained of occurred;

(b) Where any defendant resides, provided that a corporate defendant resides only in the county where the office of its registered agent is located or where it has its principal office;

(c) If a defendant is a motor carrier regulated pursuant to chapter 390, RSMo, then any county where the defendant operates;

(d) If all defendants are nonresidents, then venue is proper in any county;

(e) If any defendant is a resident, whether that defendant is joined originally or is added as a party at any time subsequent to the filing of the action, venue is proper only as set forth in paragraphs (a) through (c) of this subdivision, and any resident party may move for a dismissal based upon improper venue when added as a party defendant, provided that said motion is made within the time prescribed by supreme court rule. Process"; and further amend lines 26-29 of said page, by striking all of said lines; and

Further amend said bill and section, page 18, line 1 of said page, by striking all of said line; and

Further amend said bill, page 18, Section 508.040, lines 2-16 of said page, by striking all of said section from the bill; and

Further amend said bill, pages 18-21, Section 508.075, by striking all of said section from the bill; and

Further amend said bill, pages 21-22, Section 508.120, by striking all of said section from the bill; and

Further amend said bill, page 22, Section 508.290, lines 2-23 of said page, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

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

SSA 1 for SA 17 failed of adoption by the following vote:

Senator Gibbons offered SSA 2 for SA 17, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 17

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 17, Section 508.010, Line 20, by placing an opening bracket before the word "regardless" and a closing bracket after the word "parties"; and

Further amend said section, line 20, by adding after the word "accrued" the following: "or the county where the defendant resides.".

Senator Gibbons moved that the above substitute amendment be adopted.

President Maxwell assumed the Chair.

Senator Caskey requested a roll call vote be taken on the adoption of SSA 2 for SA 17 and was joined in his request by Senators Bartle, Days, Gibbons and Mathewson.

SSA 2 for SA 17 was adopted by the following vote:

Senator Jacob offered SA 18, which was read:

SENATE AMENDMENT NO. 18

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 17, Section 508.010, Line 28, by inserting after the word "located" the following "or in the county where the corporation conducts a substantial portion of its business".

Senator Jacob moved that the above amendment be adopted.

Senator Stoll requested a roll call vote be taken on the adoption of SA 18 and was joined in his request by Senators Jacob, Kinder, Mathewson and Scott.

SA 18 failed of adoption by the following vote:

Senator Steelman offered SA 19, which was read:

SENATE AMENDMENT NO. 19

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 21, Section 508.075.7, Lines 10-12, by deleting all of said lines.

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

Senator Loudon offered SA 20:

SENATE AMENDMENT NO. 20

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 26, Section 512.099, Line 27 of said page, by inserting after all of said line the following:

"516.600. Any action to recover damages from injury or illness caused by childhood sexual abuse in an action brought pursuant to section 537.046, RSMo, shall be commenced within ten years of the plaintiff attaining the age of twenty-one or within three years of the date of discovering, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs.

537.046. 1. As used in this section, the following terms mean:

(1) "Childhood sexual abuse", any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030, 566.040, 566.050, 566.060, 566.070, 566.080, 566.090, 566.100, 566.110, or 566.120, RSMo, or section 568.020, RSMo;

(2) "Injury" or "illness", either a physical injury or illness or a psychological injury or illness. A psychological injury or illness need not be accompanied by physical injury or illness.

2. [In any civil action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within five years of the date the plaintiff attains the age of eighteen or within three years of the date the plaintiff discovers or reasonably should have discovered that the injury or illness was caused by child sexual abuse, whichever later occurs.

3.] This section shall apply to any action commenced on or after August 28, 1990, including any action which would have been barred by the application of the statute of limitation applicable prior to that date."; and

Further amend the title and enacting clause accordingly.

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

Senator Steelman offered SA 21:

SENATE AMENDMENT NO. 21

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 12, Section 307.178, Lines 5-22 of said page, by striking all of said lines and inserting in lieu thereof the following:

"4. In an action for damages, the failure to use a seat belt or child safety restraint device in accordance with this section may be considered by the trier of fact under principles of comparative fault if the defendant proves: a) that such failure was negligent under the circumstances; and b) the existence and extent of the causal relation between such negligence and the damages at issue".

Senator Steelman moved that the above amendment be adopted.

Senator Bartle offered SSA 1 for SA 21, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 21

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 280, Page 12, Section 307.178, Lines 5-22 of said page, by striking all of said lines and inserting in lieu thereof the following:

"4. In an action for damages, the failure to use a seat belt or child safety restraint device in accordance with this section may be considered by the trier of fact under principles of comparative fault if the defendant proves: a) that such failure was negligent under the circumstances; and b) the existence of a causal relation between such negligence and the damages at issue".

Senator Bartle moved that the above substitute amendment be adopted.

At the request of Senator Bartle, SSA 1 for SA 21 was withdrawn.

SA 21 was again taken up.

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

Senator Scott moved that SS for SS for SCS for SB 280, as amended, be adopted, which motion prevailed.

Senator Scott moved that SS for SS for SCS for SB 280, as amended, be declared perfected and ordered printed.

Senator Kinder requested a roll call vote be taken on the perfection of SS for SS for SCS for SB 280, as amended, and was joined in his request by Senators Bartle, Childers, Griesheimer and Nodler.

SS for SS for SCS for SB 280, as amended, was declared perfected and ordered printed by the following vote:

RESOLUTIONS

Senator Wheeler offered Senate Resolution No. 405, regarding the death of James D. Turnbaugh, Jr., Kansas City, which was adopted.

Senator Klindt offered Senate Resolution No. 406, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Butterfield, Meadville, which was adopted.

Senator Russell offered Senate Resolution No. 407, regarding Barker Shannon, Mountain Grove, which was adopted.

Senator Russell offered Senate Resolution No. 408, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Larry Dixon, Springfield, which was adopted.

INTRODUCTIONS OF GUESTS

The President introduced to the Senate, his brother, Steve Maxwell, Rush Hill.

Senator Kennedy introduced to the Senate, Mariano Favazza, St. Louis.

On motion of Senator Gibbons, the Senate adjourned until 2:00 p.m., Monday, March 17, 2003.

SENATE CALENDAR

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THIRTY-NINTH DAY-MONDAY, MARCH 17, 2003

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING

SENATE BILLS FOR PERFECTION