Journal of the Senate

SECOND REGULAR SESSION

TWENTY-EIGHTH DAY--WEDNESDAY, FEBRUARY 25, 2004

Senator Shields in the Chair.

Reverend Carl Gauck offered the following prayer:

"Rend your hearts and not your clothing. Return to the Lord Your God, for God is gracious and merciful. Slow to anger and abounding in steadfast love, and relents from punishing." (Joel 2:13)

Gracious God, today many observe Ash Wednesday and are called to look at their lives in critical ways. May that be true with us as we pray to You this day, aware of our shortcomings and need of Your mercy. Keep us close O Lord and provide us hope and guidance as we walk through this dark day of ashes. 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 the Associated Press and KMIZ-TV were given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator Days offered Senate Resolution No. 1394, regarding Carmen Sandra Morris McClendon, Mayor of the Village of Uplands Park, which was adopted.

Senator Caskey offered Senate Resolution No. 1395, regarding Mark Dandurand, Warrensburg, which was adopted.

Senator Caskey offered Senate Resolution No. 1396, regarding Garrett Wayne Depue, Warrensburg, which was adopted.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and ordered printed:

SB 1294-By Kennedy.

An Act to repeal section 630.130, RSMo, and to enact in lieu thereof one new section relating to electroconvulsive therapy.

SB 1295-By Klindt.

An Act to repeal sections 172.035, 174.020, 174.332, 174.750, 174.753, 174.755, 174.757, and 176.010, RSMo, and to enact in lieu thereof twelve new sections relating to the incorporation of Northwest Missouri State University into the University of Missouri system, with a contingent effective date.

SB 1296-By Callahan.

An Act to authorize the sale of certain state property.

SB 1297-By Callahan.

An Act to amend chapter 164, RSMo, by adding thereto one new section relating to the creation of a subdistrict for taxing purposes in the Kansas City school district.

SB 1298-By Loudon and Gibbons.

An Act to repeal sections 137.100, 144.030, and 144.615, RSMo, and to enact in lieu thereof three new sections relating to tax exemptions, with an emergency clause.

SB 1299-By Loudon.

An Act to repeal section 379.825, RSMo, and to enact in lieu thereof one new section relating to residential property insurance.

SB 1300-By Loudon.

An Act to repeal sections 208.010 and 208.215, RSMo, and to enact in lieu thereof three new sections relating to recovery of medical assistance.

SB 1301-By Bray.

An Act to amend chapter 383, RSMo, by adding thereto one new section relating to medical malpractice insurance.

SB 1302-By Champion.

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

SENATE BILLS FOR PERFECTION

At the request of Senator Bartle, SB 1138 was placed on the Informal Calendar.

Senator Bartle moved that SB 870 be taken up for perfection, which motion prevailed.

Senator Gross assumed the Chair.

Senator Days offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 870, Page 1, Section 226.531, Line 15, by deleting the words "an adult" and insert in lieu thereof the following: "a" and further amend said bill, page, and section, line 16, by deleting the words "cabaret or sexually-oriented".

Senator Days moved that the above amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Bill No. 870, Page 1, by adding the following at the end of said amendment:

"Amend Senate Bill No. 870, Page 2, Section 226.531, Line 30, by inserting immediately thereafter the following:

"5. No corporation operating a business described in this section shall have or enjoy the rights enjoyed or exercised by a natural person.".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Jacob, SA 1 to SA 1 was withdrawn.

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

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 870, Page 2, Section 226.531, Line 30, by inserting immediately after the end of said line the following:

"5. It is the public policy of this state to mitigate the adverse secondary effects of sexually oriented businesses to improve traffic safety, to limit harm to minors, and to reduce prostitution, crime, juvenile delinquency, deterioration in property values, and lethargy in neighborhood improvement efforts.".

Senator Jacob moved that the above substitute amendment be adopted.

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

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

SENATE SUBSTITUTE AMENDMENT NO. 2 FOR

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 870, Page 2, Section 226.531, Line 30, by inserting immediately after the end of said line the following:

"5. This section is designed to protect the following public policy interests of this state: to mitigate the adverse secondary effects of sexually oriented businesses, to improve traffic safety, to limit harm to minors, and to reduce prostitution, crime, juvenile delinquency, deterioration in property values, and lethargy in neighborhood improvement efforts.".

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

Senator Days offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 870, Page 2, Section 226.531, Line 30, by inserting immediately after the end of said line the following:

"226.532. Notwithstanding any other provision of law to the contrary, after August 28, 2004, no new outdoor advertising shall be erected adjacent to interstate and federal-aid highways, and all highways designated as part of the national highway system; except that, the outdoor advertising described in subdivisions (1) and (2) of section 226.520 and in sections 226.525, 226.535 and 226.545 may be erected after the effective date of this section. All outdoor advertising existing on August 28, 2004, except as authorized in the preceding sentence, are nonconforming signs and uses under all applicable statutes and ordinances, except as this power may be limited by the free speech and just compensation clauses of the constitution of the United States and the state of Missouri and applicable federal law. The provisions of this section shall not create any new obligation for the expenditure of state funds."; and

Further amend the title and enacting clause accordingly.

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

Senator Jacob offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 870, Page 1, Section 226.531, Line 4, by inserting immediately after the end of said line the following:

"(2) "Nudity", the showing of either:

(a) The human male or female genitals or public area with less than a fully opaque covering; or

(b) The female breast with less than a fully opaque covering on any part of the nipple;"; and

Further amending all subsequent subdivision identifiers accordingly.

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Jacob, SA 3 was withdrawn.

Senator Jacob offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Bill No. 870, Page 1, Section 226.531, Line 14, by inserting immediately after the word "minors" the following:

";

(4) "State of nudity", any bare exposure of the skin located on a person's body below the armpits and above the knees.".

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

On motion of Senator Bartle, SB 870, as amended, was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCS for SB 1003, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SJR 29, begs leave to report that it has examined the same and finds that the joint resolution has been truly perfected and that the printed copies furnished the Senators are correct.

President Pro Tem Kinder assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and SCS for SB 1003, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

RE-REFERRALS

President Pro Tem Kinder re-referred SB 1260 to the Committee on Transportation.

Senator Gross assumed the Chair.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and ordered printed:

SB 1303-By Steelman.

An Act to amend chapter 84, RSMo, by adding thereto one new section relating to police residency.

SB 1304-By Griesheimer and Gibbons.

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.

SB 1305-By Champion, Nodler, Scott, Childers, Clemens, Steelman, Russell, Goode, Shields and Foster.

An Act to authorize, pursuant to Section 21.527, RSMo, the commencement of certain projects to be funded from bond proceeds subject to the provisions of Sections 360.010 to 360.140.

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 Nodler.

RESOLUTIONS

Senator Foster offered Senate Resolution No. 1398, regarding Malinda Mae (Beachum) Darter, New Madrid, which was adopted.

Senator Foster offered Senate Resolution No. 1397, regarding Multiple Sclerosis Awareness Day, which was adopted.

Senator Quick offered Senate Resolution No. 1399, regarding the Honorable David W. Russell, Liberty, which was adopted.

Senator Kennedy offered Senate Resolution No. 1400, regarding Amos A. McCallum, Biddeford, Maine, which was adopted.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and ordered printed:

SB 1306-By Nodler.

An Act to repeal sections 444.762, 444.765, 444.767, 444.770, and 444.787, RSMo, and to enact in lieu thereof five new sections relating to environmental regulation, with penalty provisions.

CONCURRENT RESOLUTIONS

Senator Gibbons moved that SCR 32, with SCA 1, be taken up for adoption, which motion prevailed.

SCA 1 was taken up.

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

On motion of Senator Gibbons, SCR 32, as amended, was adopted by the following vote:

Senator Russell moved that SCR 35, entitled:

An Act relating to the renaming of a building at the Southeast Missouri Mental Health Center.

Be taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Russell, SCR 35 was read the 3rd time and passed by the following vote:

The President declared the concurrent resolution passed.

On motion of Senator Russell, title to the concurrent resolution was agreed to.

Senator Russell moved that the vote by which the concurrent resolution passed be reconsidered.

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

HOUSE BILLS ON THIRD READING

HB 916, with SCS, introduced by Representative Brown, et al, entitled:

An Act to repeal sections 570.223 and 575.120, RSMo, and to enact in lieu thereof three new sections relating to identity theft, with penalty provisions.

Was taken up by Senator Shields.

SCS for HB 916, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 916

An Act to repeal sections 570.223 and 575.120, RSMo, and to enact in lieu thereof three new sections relating to identity theft, with penalty provisions.

Was taken up.

Senator Shields moved that SCS for HB 916 be adopted, which motion prevailed.

On motion of Senator Shields, SCS for HB 916 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

Senator Shields 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 Russell moved that SB 700, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 700, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 700

An Act to repeal section 135.207, RSMo, and to enact in lieu thereof two new sections relating to enterprise zones.

Was taken up.

Senator Russell moved that SCS for SB 700 be adopted, which motion prevailed.

On motion of Senator Russell, SCS for SB 700 was declared perfected and ordered printed.

Senator Gross moved that SB 989, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 989, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 989

An Act to amend chapter 490, RSMo, by adding thereto eight new sections relating to environmental audit privileges.

Was taken up.

Senator Gross moved that SCS for SB 989 be adopted.

At the request of Senator Gross, SB 989, with SCS (pending), was placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

SB 1075, with SCS, introduced by Senator Coleman, entitled:

An Act to authorize the sale of certain state property.

Was called from the Consent Calendar and taken up.

SCS for SB 1075, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1075

An Act to authorize the sale of certain state property.

Was taken up.

Senator Coleman moved that SCS for SB 1075 be adopted, which motion prevailed.

On motion of Senator Coleman, SCS for SB 1075 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 808, introduced by Senator Klindt, entitled:

An Act to amend chapter 640, RSMo, by adding thereto one new section relating to the establishment of the Missouri biomass technology commission, with an expiration date.

Was called from the Consent Calendar and taken up.

On motion of Senator Klindt, SB 808 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 1100, with SCS, introduced by Senators Gibbons and Gross, entitled:

An Act to repeal sections 536.015, 536.021, 536.023, and 536.031, RSMo, and to enact in lieu thereof four new sections relating to administrative procedures and review.

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

SCS for SB 1100, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1100

An Act to repeal sections 536.015, 536.021, 536.023, and 536.031, RSMo, and to enact in lieu thereof four new sections relating to the publication of administrative rules.

Was taken up.

Senator Gibbons moved that SCS for SB 1100 be adopted, which motion prevailed.

On motion of Senator Gibbons, SCS for SB 1100 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 1052, introduced by Senator Jacob, entitled:

An Act to repeal section 172.360, RSMo, and to enact in lieu thereof one new section relating to admission to the state university of Missouri system.

Was called from the Consent Calendar and taken up.

On motion of Senator Jacob, SB 1052 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 781, introduced by Senator Caskey, entitled:

An Act to repeal section 491.205, RSMo, and to enact in lieu thereof one new section relating to witness immunity applications.

Was called from the Consent Calendar and taken up.

On motion of Senator Caskey, SB 781 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

RESOLUTIONS

Senator Clemens offered Senate Resolution No. 1401, regarding M. Gail Longworth, Ozark, which was adopted.

COMMUNICATIONS

Senator Kinder submitted the following:

February 24, 2004

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment to the Standing Committee on the Judiciary and Civil and Criminal Jurisprudence

Dear Terry:

This is to inform you that, effective immediately, I have appointed Senator Victor Callahan to the Senate Standing Committee on the Judiciary and Civil and Criminal Jurisprudence to fill the vacancy created by the resignation from the Committee of Senator Ken Jacob.

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

/s/ Peter D. Kinder

PETER D. KINDER

President Pro-Tem

INTRODUCTIONS OF GUESTS

Senator Champion introduced to the Senate, Dennis Grisham, Carl Allison, Dr. Betty Lorten and Gaylord Moore, Greene County.

Senator Cauthorn introduced to the Senate, Kathy and Steffani Lane, Eric Greenwald, Brittany Godbout, Brendan McGregor and Curtis Bramblett, Hannibal.

Senator Cauthorn introduced to the Senate, Frank and Judy Coldwell, Palmyra.

On behalf of Senators Gross and Dolan, the President introduced to the Senate, Katrina Harper, Joann Powers, Dale Hitchcock, Brad Mudd, Lisa Raymond, Pat Cowell, Hope Woodson, Mary Pfenning, Charlotte Sparks, Floyd Bell, Rachel Farthing, Karrie Gates, Dr. David Wallace, Suzanne Salmo, Paul Truber, Greg Smothers, Valerie Sorensen, Melissa Streeter, Yvette Parrish, Carolyn Davinroy, Heather Hagen, Kathy Williams, Bettie Yahn-Kramer, Carrie A. Trent, Mike Bounds, Rose Mack, Bruce Sowatsky, Joe Hogan and Dr. Jim Ottomeyer, St. Charles County Vision Leadership.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. John A. Aucar, M.D., FACS, Columbia.

Senator Kennedy introduced to the Senate, Albert Fults, Letitia "Tish" Johnson and Thomas Ziegler, St. Genevieve County.

Senator Jacob introduced to the Senate, Jan Mees, Cathie Loesing, Leah Maurer, Karen Burger and Michele Sterrett, Columbia.

Senator Caskey introduced to the Senate, Eric Berlin and Mayor Juan Alonzo, Raymore.

Senator Loudon introduced to the Senate, Mayor Harold Dielmann, Councilwoman Theresa Lynch, Councilman David Kaisander and Mark Perkins, Creve Coeur.

Senator Yeckel introduced to the Senate, Mayor Richard Breeding and Matt Conley, Crestwood.

Senator Gibbons introduced to the Senate, Mayor Bert Gates, Barry Alexander and John Shaw, Shrewsbury.

Senator Gibbons introduced to the Senate, Mikaela Fox, and her mother, Pat Fox, Valley Park.

Senator Jacob introduced to the Senate, William Crist, Dean-School of Medicine, MU, Columbia.

Senator Kinder introduced to the Senate, Mayor Jay Knudtson and Councilman Matt Hopkins, Cape Girardeau.

Senator Cauthorn introduced to the Senate, Andy Morris and Roy Hark, Hannibal.

Senator Loudon introduced to the Senate, Mayor Conrad Bowers, Bridgeton.

Senator Gross introduced to the Senate, Mayor Patti York, St. Charles.

Senator Foster introduced to the Senate, Carolyn Loveless and Tammy Thurman, Piedmont; and Joe Knodell and Lloyd Mathews, Poplar Bluff.

Senator Russell introduced to the Senate, Representative Randy Angst, Lebanon.

On behalf of Senator Jacob and himself, Senator Russell introduced to the Senate, Michael Yoakum, Columbia.

On behalf of Senator Nodler, the President introduced to the Senate, Mayor Jim Wisdom, Joe Barfield, Alderman Oliver Carlson, Alderman Richard Zarcandello and Carl Skaggs, Carl Junction.

Senator Doughterty introduced to the Senate, Alderman Greg Carter, St. Louis; and Councilman Wayne Muenkel and Councilwoman Cassandra Colquit, University City.

Senator Griesheimer introduced to the Senate, Glenn Vonheer and Dale Schmucke, Union.

Senator Griesheimer introduced to the Senate, Mayor Dick Statmann, Jim Briggs, Councilman Brad Burns and Councilman Tim Brinker, Washington; Russell Rost, Alderwoman Mindy McCoy and Alderwoman Jackie Ketson, St. Clair; and Mayor James Schatz and Mark Falloon, Sullivan.

On behalf of Senator Nodler, the President introduced to the Senate, Jim West, Don Landrith and Jon Tupper, Joplin.

Senator Champion introduced to the Senate, Ralph Manley, Bob Jones, Shelia Wright, Gary Deaver and Mary Collette, Springfield.

Senator Kennedy introduced to the Senate, Jeanne Rosen, Creve Coeur.

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

SENATE CALENDAR

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TWENTY-NINTH DAY-THURSDAY, FEBRUARY 26, 2004

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING