Journal of the Senate

FIRST REGULAR SESSION

SIXTIETH DAY--FRIDAY, APRIL 25, 2003

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"So acknowledge today and take to heart that the Lord is God in heaven above and on the earth beneath; there is no other." (Deuteronomy 4:39)

Heavenly Father, may we remember and live our lives knowing that during the most difficult times You are our God. May we return to our families after our work is done for this week and share the joy, peace, love and abundance that comes to us from You, being confident in Your omnipotent 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 Journal of the previous day was read and approved.

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

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

RESOLUTIONS

Senator Gross offered Senate Resolution No. 757, regarding Joe Webster, St. Charles, which was adopted.

Senator Gross offered Senate Resolution No. 758, regarding Bill Green, St. Charles, which was adopted.

Senator Gross offered Senate Resolution No. 759, regarding Robert Schuette, St. Charles, which was adopted.

Senator Bray offered Senate Resolution No. 760, regarding the Seventieth Birthday of Kay Drey, University City, which was adopted.

Senator Bray offered Senate Resolution No. 761, regarding Registered Nurses at Saint John's Mercy Medical Center, St. Louis, which was adopted.

Senator Bray offered Senate Resolution No. 762, regarding Jerome Bernard "Jay" Morris, University City, which was adopted.

Senator Champion offered Senate Resolution No. 763, regarding Luke Allen Gruening, Springfield, which was adopted.

Senator Champion offered Senate Resolution No. 764, regarding Michelle Houston, Ozark, which was adopted.

Senator Champion offered Senate Resolution No. 765, regarding Stacy Johnston, Piedmont, which was adopted.

Senator Champion offered Senate Resolution No. 766, regarding Samantha "Sam" Keeton, Monett, which was adopted.

Senator Champion offered Senate Resolution No. 767, regarding Laura Louderback, Ash Grove, which was adopted.

Senator Chamption offered Senate Resolution No. 768, regarding Amanda Keever, Eagle Rock, which was adopted.

Senator Champion offered Senate Resolution No. 769, regarding Sina Klein, Mount Vernon, which was adopted.

Senator Champion offered Senate Resolution No. 770, regarding Kellie Kramer, Mountain Grove, which was adopted.

Senator Champion offered Senate Resolution No. 771, regarding Jenifer Rosselit, Ozark, which was adopted.

Senator Champion offered Senate Resolution No. 772, regarding Katie Robertson, Springfield, which was adopted.

Senator Champion offered Senate Resolution No. 773, regarding Pamela Kelly, Rolla, which was adopted.

Senator Champion offered Senate Resolution No. 774, regarding Johnna Webb, Mountain Grove, which was adopted.

Senator Champion offered Senate Resolution No. 775, regarding Ashley Thiesen, Buffalo, which was adopted.

Senator Champion offered Senate Resolution No. 776, regarding Brynn Hammond, Buffalo, which was adopted.

Senator Champion offered Senate Resolution No. 777, regarding Theresa Botzow, Monett, which was adopted.

Senator Champion offered Senate Resolution No. 778, regarding Sarah Greenough, Ozark, which was adopted.

Senator Champion offered Senate Resolution No. 779, regarding Ashley Na'ayem, Springfield, which was adopted.

Senator Champion offered Senate Resolution No. 780, regarding Kay Geter, Springfield, which was adopted.

Senator Champion offered Senate Resolution No. 781, regarding April Cooper, Buffalo, which was adopted.

Senator Champion offered Senate Resolution No. 782, regarding Kelbe Hollrah, Ava, which was adopted.

CONCURRENT RESOLUTIONS

Senators Cauthorn, Clemens, Scott, Childers, Steelman, Mathewson, Klindt and Russell offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 21

WHEREAS, Missouri's dairy industry has dramatically changed over the past three decades; and

WHEREAS, the number of dairy farms has declined by 83% and state milk production has dropped by 35% since 1975; and

WHEREAS, neighboring states around Missouri are making tremendous advances to expand their dairy industry and have found solutions in spite of state budget shortfalls; and

WHEREAS, the Missouri Dairy Growth Council has developed a "Dairy Producers' Industry Plan" that emphasizes necessary changes for expanding Missouri's dairy industry including:

(1) Enhancing Missouri dairy operations by providing producer education and training;

(2) Focusing on business planning, financial bench marking, employee training and management and risk management can lead to successful dairy enterprises;

(3) Creating a business climate that promotes growth and investment in Missouri dairies will result in the long-term health and expansion of the Missouri dairy industry;

(4) Expanding access to capital for dairy modernization, creation, and expansion is essential to the success of the dairies in Missouri; and

(5) Providing a strong organizational and communications infrastructure to ensure long-term success for dairy producers; and

WHEREAS, the time is right to bring back the dairy industry in Missouri and reverse the downward trends:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, First Regular Session, the House of Representatives concurring therein, hereby endorse the recommendations of the Missouri Dairy Growth Council; and

BE IT FURTHER RESOLVED that Missouri's Department of Agriculture work in cooperation with the Missouri Dairy Growth Council to complete a five-year plan for Missouri's dairy industry including the establishment of a website for the marketing of all dairy production inputs; and

BE IT FURTHER RESOLVED the Department of Natural Resources reach an agreement with the dairy industry on what are required and acceptable regulations for dairy and heifer growing operations; and

BE IT FURTHER RESOLVED the Department of Economic Development receive a detailed briefing on the economic impact of Missouri dairy operations.

SENATE BILLS FOR PERFECTION

Senator Jacob moved that SB 305, with SS and point of order (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

At the request of Senator Bartle, the pending point of order was withdrawn.

SS for SB 305 was again taken up.

At the request of Senator Jacob, SS for SB 305 was withdrawn.

Senator Jacob offered SS No. 2 for SB 305, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 305

An Act to repeal sections 143.011, 143.431, 143.451, 143.461, 143.471, 144.020, 149.015, and 149.160, RSMo, and to enact in lieu thereof six new sections relating to taxation, with a referendum clause.

Senator Jacob moved that SS No. 2 for SB 305 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Goode, Stoll and Wheeler.

Senator Jacob offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 for Senate Bill No. 305, Page 17, Section 149.160, Line 4, by inserting after all of said line the following:

"Section 1. 1. The department of revenue shall not be authorized to collect the additional 27 and ½ mills tax or the additional ten percent tax pursuant to the authority granted in sections 149.015 and 149.160 unless a ballot measure is submitted and approved by the voters of this state. The ballot measure shall be submitted by the secretary of state for approval or rejection at the general election held and conducted on the Tuesday immediately following the first Monday in November, 2003, or at a special election to be called by the governor on the ballot measure. If the measure is rejected at such general or special election, the measure may be resubmitted at each subsequent general election, or may be resubmitted at any subsequent special election called by the governor on the ballot measure, until such measure is approved.

2. The ballot of the submission shall contain, but is not limited to, the following language:

Shall the Missouri department of revenue be authorized to increase the state cigarette tax by 55 cents per pack and the tobacco tax on items other than cigarettes by 10%?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".

3. If a majority of the votes cast on the ballot measure by the qualified voters voting thereon are in favor of such measure, then the office of the director of revenue shall be authorized to collect the additional 27 and ½ mills tax and the additional ten percent tax shall be effective on the first day of the first quarter after the approval by ballot. If a majority of the votes cast on the ballot measure by the qualified voters voting thereon are opposed to the measure, then the department of revenue shall have no power to collect the taxes unless and until the measure is approved."; and

Further amend section B, page 24, lines 26-35, by striking all of said lines; and

Further amend the title and enacting clause accordingly.

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

Senator Jacob moved that SS No. 2 for SB 305, as amended, be adopted, which motion failed by the following vote:

SB 305 was again taken up.

On motion of Senator Jacob, SB 305 was declared perfected and ordered printed.

HOUSE BILLS ON THIRD READING

HCS for HB 289, with SCS, was placed on the Informal Calendar.

HS for HCS for HBs 349, 120, 136, and 328, was placed on the Informal Calendar.

HCS for HB 600, with SCS, entitled:

An Act to repeal sections 34.040, 143.124, 143.181, 143.225, 143.782, 144.025, and 144.081, RSMo, and to enact in lieu thereof eleven new sections relating to collection efficiencies of the department of revenue, with an emergency clause.

Was taken up by Senator Shields.

SCS for HCS for HB 600, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 600

An Act to repeal sections 34.040, 71.620, 92.250, 143.124, 143.181, 143.225, 143.782, 144.020, and 144.081, RSMo, and to enact in lieu thereof fourteen new sections relating to collection efficiencies of the department of revenue, with an emergency clause and a referendum clause.

Was taken up.

Senator Shields moved that SCS for HCS for HB 600 be adopted.

Senator Shields offered SS for SCS for HCS for HB 600, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 600

An Act to repeal sections 32.057, 33.080, 34.040, 67.990, 71.620, 92.250, 99.820, 143.124, 143.181, 143.225, 143.782, 144.025, 144.081, 144.250, 166.300, 191.831, 196.365, 196.367, 196.370, 196.375, 196.380, 196.385, 196.390, 196.395, 196.400, 196.405, 196.415, 196.420, 196.425, 196.430, 196.435, 196.436, 196.440, 196.445, 208.565, 301.130, 301.190, 302.304, 302.540, 306.016, 338.501, 338.515, 338.520, 338.525, 338.545, 338.550, 374.150, 447.510, 577.041, 577.049, and 577.520, RSMo, and to enact in lieu thereof sixty-one new sections relating to tax and fee revenue, with penalty provisions and an emergency clause.

Senator Shields moved that SS for SCS for HCS for HB 600 be adopted.

Senator Bartle assumed the Chair.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 600, Page 73, Section 208.565, Line 24 of said page, by inserting after all of said line the following:

"260.273. 1. Any person purchasing a new tire may present to the seller the used tire or remains of such used tire for which the new tire purchased is to replace.

2. A fee for each new tire sold at retail shall be imposed on any person engaging in the business of making retail sales of new tires within this state. The fee shall be charged by the retailer to the person who purchases a tire for use and not for resale. Such fee shall be imposed at the rate of fifty cents for each new tire sold. Such fee shall be added to the total cost to the purchaser at retail after all applicable sales taxes on the tires have been computed. The fee imposed, less six percent of fees collected, which shall be retained by the tire retailer as collection costs, shall be paid to the department of revenue in the form and manner required by the department of revenue and shall include the total number of new tires sold during the preceding month. The department of revenue shall promulgate rules and regulations necessary to administer the fee collection and enforcement. The terms "sold at retail" and "retail sales" do not include the sale of new tires to a person solely for the purpose of resale, if the subsequent retail sale in this state is to the ultimate consumer and is subject to the fee.

3. The department of revenue shall administer, collect and enforce the fee authorized pursuant to this section pursuant to the same procedures used in the administration, collection and enforcement of the general state sales and use tax imposed pursuant to chapter 144, RSMo, except as provided in this section. The proceeds of the new tire fee, less four percent of the proceeds, which shall be retained by the department of revenue as collection costs, shall be transferred by the department of revenue into an appropriate subaccount of the solid waste management fund, created pursuant to section 260.330.

4. Up to five percent of the revenue available may be allocated, upon appropriation, to the department of natural resources to be used cooperatively with the department of elementary and secondary education for the purposes of developing educational programs and curriculum pursuant to section 260.342.

5. Up to twenty-five percent of the moneys received pursuant to this section may, upon appropriation, be used to administer the programs imposed by this section. Up to five percent of the moneys received under this section may, upon appropriation, be used for the grants authorized in subdivision (2) of subsection 6 of this section and authorized in section 260.274. All remaining moneys shall be allocated, upon appropriation, for the projects authorized in section 260.276.

6. The department shall promulgate, by rule, a statewide plan for the use of moneys received pursuant to this section to accomplish the following:

(1) Removal of waste tires from illegal tire dumps;

(2) Providing grants to persons that will use products derived from waste tires, or used waste tires as a fuel or fuel supplement; and

(3) Resource recovery activities conducted by the department pursuant to section 260.276.

7. The fee imposed in subsection 2 of this section shall terminate January 1, [2004] 2009.

Further amend the title and enacting clause accordingly.

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

Senator Coleman offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 600, Page 9, Section 33.080, Lines 21-22, by deleting all of said lines and renumber the remaining subdivisions accordingly.

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

Senator Childers offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 600, Page 121, Section 2, Line 11, by inserting immediately after said line the following:

"Section 3. All unclaimed funds held pursuant to section 447.510, RSMo, which have been identified as owed to a person who also has failed to pay state or local taxes within the time permitted by statute shall be used to satisfy that person's delinquent taxes to state or local government."; and

Further amend the title and enacting clause accordingly.

Senator Childers 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 House Committee Substitute for House Bill No. 600, Page 14, Section 33.080, Lines 17-18, by striking all of said lines; and

Further amend said page, lines 25-26, by striking all of said lines; and

Further renumber the remaining subdivisions accordingly.

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

Senator Gross assumed the Chair.

Senator Dougherty offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 600, Page 11, Section 33.080, Line 29, by striking all of said lines; and

Further amend page 12, line 1, by striking all of said line; and

Further amend page 13, lines 26-27, by striking all of said lines; and

Further amend page 15, lines 27-28, by striking all of said lines; and

Further renumber the remaining subdivisions.

Senator Dougherty moved that the above amendment be adopted.

Senator Jacob requested a roll call vote be taken on the adoption of SA 5 and was joined in his request by Senators Bland, Caskey, Days and Dougherty.

SA 5 was adopted by the following vote:

Senator Caskey offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 600, Pages 73-78, Section 301.130, Line 25, by deleting section 301.130; and

Further amend the title and enacting clause accordingly.

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

Senator Mathewson offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 600, Page 104, Section 374.150.3, Line 14, by deleting lines 14-17 and inserting in lieu thereof the following:

"Notwithstanding the provisions of this section to the contrary, as of the effective date of this act, all moneys in the department of insurance dedicated fund except for an amount equal to one-half the preceding year's annual appropriation shall be subject to an immediate one-time transfer to the state general revenue fund.".

Senator Mathewson moved that the above amendment be adopted.

Senator Childers assumed the Chair.

Senator Shields offered SSA 1 for SA 7, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 600, Page 104, Section 374.150, Line 15, by striking the word "all" and inserting in lieu thereof the following: "seventy-five percent of the".

Senator Shields moved that the above substitute amendment be adopted.

Senator Gross assumed the Chair.

At the request of Senator Shields, HCS for HB 600, with SCS, SS for SCS, SA 7 and SSA 1 for SA 7 (pending), was placed on the Informal Calendar.

RESOLUTIONS

Senator Loudon offered Senate Resolution No. 783, regarding McGraw Milhaven, St. Louis, which was adopted.

Senator Klindt offered Senate Resolution No. 784, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bob Quick, Oregon, which was adopted.

Senator Klindt offered Senate Resolution No. 785, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ed Richey, Clarksdale, which was adopted.

Senator Foster offered Senate Resolution No. 786, regarding Thomas Joshua Neal, Poplar Bluff, which was adopted.

Senator Russell offered Senate Resolution No. 787, regarding Dr. Jack Howard, Lebanon, which was adopted.

Senator Vogel offered Senate Resolution No. 788, regarding Louise Uptegrove, Holts Summit, which was adopted.

Senators Vogel and Mathewson offered Senate Resolution No. 789, regarding the Great Rivers Council of the Boy Scouts of America, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Days introduced to the Senate, Abigail and Austin Knaebel, Jefferson City; and Abigail and Austin were made honorary pages.

Senator Bland introduced to the Senate, State Representative Connie LaJoyce Johnson, St. Louis.

Senator Cauthorn introduced to the Senate, Arla and Ken Swanson, Mexico.

Senator Yeckel introduced to the Senate, Marsha and Insley Stiles, and their daughter, Victoria; and Danielle, Kathryn and Jon Mortimer; and Damien Wiley, St. Louis; and Danielle, Kathryn, Jon, Damien, and Victoria were made honorary pages.

Senator Kennedy introduced to the Senate, Rich Lane, Desloge.

On motion of Senator Gibbons, the Senate adjourned until 12:30 p.m., Monday, April 28, 2003.

SENATE CALENDAR

______

SIXTY-FIRST DAY-MONDAY, APRIL 28, 2003

______

FORMAL CALENDAR

THIRD READING OF SENATE BILLS

SS for SCS for SBs 361,

103, 156 & 329-Steelman

(In Fiscal Oversight)

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

CONSENT CALENDAR

Senate Bills

Reported 2/10

SB 62-Caskey

Reported 3/13

House Bills

Reported 4/7

Reported 4/8

HB 141-Mayer (Bartle)

Reported 4/14

Reported 4/15

SENATE BILLS WITH HOUSE AMENDMENTS

RESOLUTIONS

SCR 15-Dolan, et al

To be Referred

Reported from Committee