Journal of the Senate

SECOND REGULAR SESSION


THIRTY-FIFTH DAY--TUESDAY, MARCH 9, 2004


The Senate met pursuant to adjournment.

Senator Nodler in the Chair.

Reverend Carl Gauck offered the following prayer:

"The Lord is my strength and my shield; so I am helped, and my heart exults, and with my song I give thanks to him." (Psalm 28:7)

Merciful God, You are with us as we do what we are called to do and You give us strength as we work tirelessly to complete the task before us, for which we thank and give You praise. Be now with Your servant Don Rackers as he undergoes surgery; guide the hands of the surgeons and touch Don with Your healing power. 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 were given permission to take pictures in the Senate Chamber today.

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

Present--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--34
Absent with leave--Senators--None

RESOLUTIONS

Senator Gibbons offered Senate Resolution No. 1512, regarding John Joseph Kramer, Kirkwood, which was adopted.

Senator Shields offered Senate Resolution No. 1513, regarding Christopher Ryan Applebury, Kansas City, which was adopted.

Senator Stoll offered Senate Resolution No. 1514, regarding the Eightieth Birthday of Nettie Lee Beckett, Pevely, which was adopted.

Senator Gross offered Senate Resolution No. 1515, regarding Janet Woodburn, which was adopted.

Senator Nodler offered Senate Resolution No. 1516, regarding Abriana Andrews, Seneca, which was adopted.

Senator Loudon offered Senate Resolution No. 1517, regarding Marione E. Johnson, St. Louis County, which was adopted.

Senator Loudon offered Senate Resolution No. 1518, regarding Thomas J. "Tom" Garnett, St. Louis, which was adopted.

THIRD READING OF SENATE BILLS

SCS for SB 937, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 937

An Act to amend chapter 28, RSMo, by adding thereto two new sections relating to the Missouri catalog of assistance programs, with sunset provisions.

Was taken up by Senator Gross.

On motion of Senator Gross, SCS for SB 937 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Days Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Quick Scott Shields Steelman
Vogel Wheeler Yeckel--31
NAYS--Senators--None
Absent--Senators
Coleman Russell Stoll--3
Absent with leave--Senators--None

The President declared the bill passed.

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 Vogel moved that motion lay on the table, which motion prevailed.

SCS for SB 754, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 754



An Act to repeal sections 67.793, 67.799, 67.1706, and 67.1754, RSMo, and to enact in lieu thereof five new sections relating to the creation of exhibition center and recreational facility districts.

Was taken up by Senator Vogel.

On motion of Senator Vogel, SCS for SB 754 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Days Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senators
Coleman Stoll--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SCS for SB 1040, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1040

An Act to repeal sections 260.370, 260.375, 260.380, 260.475, and 260.479, RSMo, and to enact in lieu thereof five new sections relating to hazardous waste management, with an emergency clause.

Was taken up by Senator Griesheimer.

On motion of Senator Griesheimer, SCS for SB 1040 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Kennedy Kinder
Klindt Loudon Mathewson Nodler
Quick Russell Scott Shields
Steelman Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senators
Jacob Stoll--2
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Coleman Days Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Russell Scott Shields Steelman
Vogel Wheeler Yeckel--31
NAYS--Senators--None
Absent--Senators
Clemens Jacob Stoll--3
Absent with leave--Senators--None

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

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

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

At the request of Senator Gibbons, SB 1123 was placed on the Informal Calendar.

SENATE BILLS FOR PERFECTION

Senator Steelman moved that SB 1020, SB 889 and SB 869, with SCS, SA 5 and SSA 3 for SA 5 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 3 for SA 5 was again taken up.

At the request of Senator Goode, the above substitute amendment was withdrawn.

SA 5 was again taken up.

At the request of Senator Griesheimer, the above amendment was withdrawn.

Senator Goode offered SA 6, which was read:

SENATE AMENDMENT NO. 6



Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 12, Section 610.027, Line 23, by striking the following: "committed a grossly negligent violation of" and inserting in lieu thereof the following: "knowingly violated"; and further amend said section and page, Line 27, by striking the following: "grossly negligent" and inserting in lieu thereof the following: "knowing"; and

Further amend said bill, Page 17, Section 610.100, Lines 86 and 87 by striking the following: "committed a grossly negligent violation of" and inserting in lieu thereof the following: "knowingly violated"; and further amend said page and section, Line 90, by striking the words "grossly negligent" and inserting in lieu thereof the following: "knowing".

Senator Goode moved that the above amendment be adopted.

Senator Shields assumed the Chair.

Senator Steelman requested a roll call vote be taken on the adoption of SA 6 and was joined in her request by Senators Callahan, Childers, Gibbons and Russell.

SA 6 was adopted by the following vote:

YEAS--Senators
Cauthorn Childers Coleman Days
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Klindt Mathewson Russell Scott
Stoll Vogel--18
NAYS--Senators
Bartle Bray Callahan Caskey
Champion Clemens Dolan Kinder
Loudon Nodler Shields Steelman
Wheeler Yeckel--14
Absent--Senators
Bland Quick--2
Absent with leave--Senators--None

Senator Champion offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 3, Section 610.010, Line 66, by deleting the words "corporeal or" and inserting in lieu thereof the following: "such meeting is conducted in person or"; and further amend said page, line 67, by inserting immediately after the word "equipment" the following: ", including, but not limited to, conference call, video conference, internet chat, or internet message board"; and

Further amend said section, page 4, line 88, by inserting after the word "vote" as it appears the second time on said line the following: ", whether conducted in person, by telephone, or by any other electronic means,"; and

Further amend said page, section 610.020, line 3, by inserting immediately after the word "considered" the following: ", and if the meeting will be conducted by telephone or other electronic means, the notice of the meeting shall identify the mode by which the meeting will be conducted and the designated location where the public may observe and attend the meeting. If a public body plans to meet by internet chat, internet message board, or other computer link, it shall post a notice of the meeting on its website in addition to its principal office and shall notify the public how to access that meeting."; and

Further amend said section, page 5, lines 19-22, by striking said lines and inserting in lieu thereof the following: "cause such a place or time is impossible or impractical. [At any public meeting conducted by telephone or other electronic means, the public shall be allowed to observe and attend the public meeting at a designated location identified in the notice of the meeting.] Every reasonable effort shall be made to grant special"; and further amend said page, line 23, by inserting immediately after all of said line the following:

"3. A public body shall allow for the recording by audiotape, videotape, or other electronic means of any public meeting. A public body may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting."; and further amend said section by renumbering the remaining subdivisions accordingly; and

Further amend page 18, section 610.200, line 25, by inserting after all of said line the following:

"Section 1. Any member of a public governmental body who transmits any message relating to public business by electronic means, from a computer not physically located in the office of the public governmental body, shall also concurrently transmit that message to either the member's public office computer or the custodian of records in the same format. The provisions of this section shall only apply to messages sent to two or more members of that body so that, when counting the sender, a majority of the body's members are copied. Any such message received by the custodian or at the member's office computer shall be a public record subject to the exceptions of section 610.021."; and

Further amend the title and enacting clause accordingly.

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

Senator Goode offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 11, Section 610.026, Line 11, by inserting after the period "." the following: "Search time that requires more than clerical duplication of documents may be charged at the actual cost of research time if such charges are certified as to their reasonableness and accuracy to the requesting person. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search and duplication time. Prior to producing copies of the requested records, the public governmental body shall provide an estimate of the cost to the person requesting the records.".

Senator Goode moved that the above amendment be adopted.

Senator Goode offered SA 1 to SA 8, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 8

Amend Senate Amendment No. 8 to Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 1, Lines 16-18, by striking all of said lines and inserting in lieu thereof the following:

"copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records.".

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

SA 8, as amended, was again taken up.

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

Senator Griesheimer offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 4, Section 610.011, Line 11, by inserting after all of said line the following:

"610.015. Except as provided in section 610.021, rules authorized pursuant to article III of the Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to attribute each "yea" and "nay" vote, or abstinence if not voting, to the name of the individual member of the public governmental body. Any votes taken during a closed meeting shall be taken by roll call. All public meetings shall be open to the public and public votes and public records shall be open to the public for inspection and duplication. All votes taken by roll call in meetings of a public governmental body consisting of members who are all elected, except for a committee established by the public governmental body, shall be cast by members of the public governmental body who are physically present and in attendance at the meeting. No roll call votes in meetings of a public governmental body consisting of members who are all elected, except for a committee established by the public governmental body, shall be recorded via telephone, facsimile, internet, or any other voice or electronic means."; and

Further amend the title and enacting clause accordingly.

Senator Griesheimer moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Callahan, Foster and Jacob.

SA 9 was adopted by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Cauthorn Champion Childers Clemens
Coleman Days Dolan Dougherty
Gibbons Goode Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Russell Scott Steelman Vogel
Wheeler Yeckel--30
NAYS--Senators
Caskey Foster Shields--3
Absent--Senator Stoll--1
Absent with leave--Senators--None

Senator Goode offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 13, Section 610.027, Line 65, by inserting immediately after said line the following:

"7. When a person submits a written complaint to the attorney general concerning the compliance of a public governmental body or a member of a public governmental body with sections 610.010 to 610.026 and the attorney general advises the public body of the complaint or otherwise attempts to resolve a dispute presented by such complaint, the public governmental body or member of that public governmental body shall cooperate with the attorney general for the purpose of resolving the dispute. When, in response to a complaint or on the attorney general's own initiative, the attorney general seeks to determine compliance of a public governmental body or member of a public governmental body with sections 610.010 to 610.026, the attorney general shall be entitled to obtain copies of open and closed records of any public governmental body, except records of privileged communications. If a public governmental body or a member of a public governmental body receives a record from a person or entity which asserts that such record is confidential or privileged, then such record shall be deemed to be a privileged communication for purposes of this subsection. Records identified as closed by the public governmental body that the attorney general obtains pursuant to this subsection shall remain closed, except that the attorney general may use those records in any action brought to enforce the provisions of sections 610.010 to 610.026, by presenting them in any court proceeding if the attorney general determines that the records should not have been closed or that the records reflect an action or actions that should not have been conducted in a closed session.".

Senator Goode moved that the above amendment be adopted.

Senator Goode offered SA 1 to SA 10:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 10

Amend Senate Amendment No. 10 to Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 1, Line 6, by striking the word "610.026" and insert in lieu thereof the following: "610.200"; and further amend line 14, by striking the word "610.026" and insert in lieu thereof the following: "610.200"; and further amend page 2, line 7, by inserting at the end of the line the following: "Any attempt by the attorney general to resolve a dispute shall be concluded within 30 days of the receipt of the complaint.".

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

Senator Goode offered SA 2 to SA 10, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 10

Amend Senate Amendment No. 10 to Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 2, Line 7, by inserting at the end of said line the following: "The provisions of this subsection shall not apply to complaints involving public governmental bodies that are agencies of the state.".

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

SA 10, as amended, was again taken up.

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

At the request of Senator Steelman, SB 1020, SB 889 and SB 869, with SCS, as amended (pending), were placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

The following messages were 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 has taken up and passed HB 1149, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the Trooper Mike L. Newton Memorial Bridge.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1198, entitled:

An Act to repeal section 382.210, RSMo, and to enact in lieu thereof one new section relating to extraordinary dividends for insurance holding companies.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 833, entitled:

An Act to repeal sections 67.793 and 67.799, RSMo, and to enact in lieu thereof three new sections relating to the creation of exhibition center and recreational facility districts.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 938, entitled:

An Act to repeal section 376.671, RSMo, and to enact in lieu thereof two new sections relating to annuity contracts.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 947, entitled:

An Act to repeal section 71.285, RSMo, and to enact in lieu thereof one new section relating to nuisances.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 975, entitled:

An Act to repeal sections 141.710, 141.760, and 141.790, RSMo, and to enact in lieu thereof three new sections relating to land trusts.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HBs 998 and 905, entitled:

An Act to amend chapter 700, RSMo, by adding thereto one new section relating to eviction notice provisions for manufactured or mobile home land lease communities.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1047, entitled:

An Act to repeal section 78.590, RSMo, and to enact in lieu thereof one new section relating to salary of council members in certain cities.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1275, entitled:

An Act to authorize the conveyance of property owned by the state in the county of Newton to the city of Neosho.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1209, entitled:

An Act to amend chapter 10, RSMo, by adding thereto one new section relating to the official state dinosaur.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 801, entitled:

An Act to authorize the governor to convey land owned by the state in the county of Pettis.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

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, Missouri

March 4, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Judith Sutter Hinrichs, Republican, 24 Enfield Road, St. Louis, St. Louis County, Missouri 63132, as a member of the Missouri Gaming Commission, for a term ending April 29, 2006, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

BOB HOLDEN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 9, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Wallace S. Hartsfield, Democrat, 2843 Benton Blvd., Kansas City, Jackson County, Missouri 64128, as a member of the State Highway and Transportation Commission, for a term ending March 1, 2010, and until his successor is duly appointed and qualified; vice, Ollie Gates, resigned.

Respectfully submitted,

BOB HOLDEN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 9, 2004

TO THE SENATE OF THE 92nd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

Larry Webber, Republican, 7 Melody Lane, Mexico, Audrain County, Missouri 65265, as a member of the State Highway and Transportation Commission, for a term ending March 1, 2010, and until his successor is duly appointed and qualified; vice, W.L. Orscheln, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

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

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 Bartle.

CONCURRENT RESOLUTIONS

Senator Klindt moved that SCR 41, with SCS, be taken up for adoption, which motion prevailed.

SCS for SCR 41 was taken up.

Senator Klindt moved that SCS for SCR 41 be adopted, which motion prevailed.

On motion of Senator Klindt, SCR 41, as amended by the SCS, was adopted by the following vote:

YEAS--Senators
Bartle Callahan Caskey Cauthorn
Champion Childers Clemens Days
Foster Gibbons Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Russell Scott Shields Steelman
Vogel Wheeler Yeckel--27
NAYS--Senators
Bray Coleman Dougherty--3
Absent--Senators
Bland Dolan Goode Stoll--3
Absent with leave--Senators--None

SENATE BILLS FOR PERFECTION

Senator Steelman moved that SB 1020, SB 889 and SB 869, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Steelman offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 18, Section 610.200, Line 25, by inserting at the end of said line:

"Section 1. Notwithstanding any other law to the contrary, information gathered by the department of health and senior services pursuant to section 192.667, RSMo, concerning the rate of staphylococcus aureus infections per health care provider as defined in section 192.665, RSMo, shall be considered a public record. The department shall not release data in a form which could be used to identify a patient."; and

Further amend the title and enacting clause accordingly.

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

Senator Jacob offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 10, Section 610.022, Lines 28-35, by deleting all of said lines and inserting in lieu thereof the following:

"6. In the event any member of a public governmental body makes a motion to close a meeting, or a record, or a vote from the public and any other member believes that such motion, if passed, would cause a meeting, record or vote to be closed from the public in violation of any provision in this chapter 610, RSMo, such later member shall state his or her objection to the motion at or before the time the vote is taken on the motion. The public governmental body shall enter in the minutes of the public governmental body any objection made pursuant to this subsection. Any member making such an objection shall be allowed to fully participate in any meeting, record or vote that is closed from the public over the member's objection. In the event the objecting member also voted in opposition to the motion to close the meeting, record or vote at issue, the objection and vote of the member as entered in the minutes shall be an absolute defense to any claim filed against the objecting member pursuant to section 610.027."; and

Further amend page 12, section 610.027, line 30, by inserting a period "." immediately after the close bracket "]".

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

Senator Jacob offered SA 13, which was read:

SENATE AMENDMENT NO. 13

Amend Senate Committee Substitute for Senate Bills Nos. 1029, 889 and 869, Page 12, Section 610.027, Line 7, by inserting immediately following the word "a" the words "summons, petition,".

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

Senator Jacob offered SA 14, which was read:

SENATE AMENDMENT NO. 14

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Section 610.021, Page 7, Line 72, by inserting immediately after the word "such" the words ", except that this section shall not require the disclosure of medical records relating to treatment of a public employee or the disclosure of any information or records that contain communications between an insurer and an insured that are otherwise recognized as privileged under the law;".

Senator Jacob moved that the above amendment be adopted.

Senator Bray offered SSA 1 for SA 14, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 7, Section 610.021, Line 69 of said page, by striking "employee"; and further amend line 70, by striking all of said line; and further amend line 71, by striking all bold faced language from said line.

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

Senator Jacob offered SA 15, which was read:

SENATE AMENDMENT NO. 15

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 18, Line 25, Section 610.200, by inserting at the end of said line the following:

"Section 1. The sheriff of each county shall compile and maintain a list of all persons who have received a permit to carry a concealable firearm in that county pursuant to chapter 571, RSMo. For each person identified on the list, the sheriff shall complete and sign an affidavit affirmatively stating that his office has complied with all requirements of section 571.101, RSMo, in considering and approving the application filed pursuant to that section. Upon receipt of a request for a public record pursuant to section 610.023, the sheriff of such county shall make the list available. Upon receipt of a request for a public record pursuant to section 610.023, the sheriff of such county shall make the affidavit required by this section available. Any request made pursuant to this subsection shall be subject to any and all fees required by this chapter.".

Senator Jacob moved that the above amendment be adopted.

Senator Caskey offered SA 1 to SA 15,which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 15

Amend Senate Amendment No. 15 to Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 1, Section 610.026, Line 12, by inserting after the word "chapter." the following:

"A person who has such a permit may request, in writing, that the sheriff not include the person's name on any list which is available to the public. Upon such a request, the sheriff shall not include the person's name on such list.".

Senator Caskey moved that the above amendment be adopted.

Senator Jacob offered SSA 1 for SA 1 to SA 15, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 15

Amend Senate Amendment No. 1 to Senate Amendment No. 15 to Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 1, Line 10, by inserting at the end of said line the following: "The attorney general shall have the authority to investigate any permit issued, regardless of whether a person requests that such records relating to the permit be closed or not included on such list.".

Senator Jacob moved that the above substitute amendment be adopted.

At the request of Senator Jacob, SSA 1 for SA 1 to SA 15 was withdrawn.

Senator Jacob offered SSA 2 for SA 1 to SA 15, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 15

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 12, Line 40, Section 610.026, by inserting at the end of said line the following:

"6. The sheriff of each county shall compile and maintain a list of all persons who have received a permit to carry a concealable firearm in that county pursuant to chapter 571, RSMo. For each person identified on the list, the sheriff shall complete and sign an affidavit affirmatively stating that his office has complied with all requirements of section 571.101, RSMo, in considering and approving the application filed pursuant to that section. Upon receipt of a request for a public record pursuant to section 610.023, the sheriff of such county shall make the list available. Upon receipt of a request for a public record pursuant to section 610.023, the sheriff of such county shall make the affidavit required by this section available. Any request made pursuant to this subsection shall be subject to any and all fees required by this chapter. The attorney general shall have the authority to investigate any permit issued, regardless of whether a person requests that such records relating to the permit be closed or not included on such list.".

Senator Jacob moved that the above substitute amendment be adopted.

At the request of Senator Jacob, SSA 2 for SA 1 to SA 15 was withdrawn.

Senator Jacob offered SSA 3 for SA 1 to SA 15, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 3

FOR SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 15

Amend Senate Amendment No. 15 to Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 1, Line 10, by inserting at the end of said line the following: "The attorney general shall have the authority to investigate any permit issued, regardless of whether a person requests that such records relating to the permit be closed or not included on such list.".

Senator Jacob moved that the above substitute amendment be adopted.

Senator Caskey raised the point of order that SSA 3 for SA 1 to SA 15 is not a true substitute amendment and is therefore out of order.

At the request of Senator Jacob, SSA 3 for SA 1 to SA 15 was withdrawn, rendering the point of order moot.

SA 1 to SA 15 was again taken up.

Senator Jacob requested a roll call vote be taken on the adoption of SA 1 to SA 15 and was joined in his request by Senators Bland, Bray, Caskey and Days.

SA 1 to SA 15 was adopted by the following vote:

YEAS--Senators
Bartle Callahan Caskey Cauthorn
Champion Childers Clemens Foster
Gibbons Griesheimer Gross Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Vogel Yeckel--22
NAYS--Senators
Bland Bray Coleman Days
Dougherty Goode Jacob Kennedy
Quick Wheeler--10
Absent--Senators
Dolan Stoll--2
Absent with leave--Senators--None

SA 15, as amended, was again taken up.

Senator Jacob moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Coleman, Kennedy and Quick.

SA 15, as amended, failed of adoption by the following vote:

YEAS--Senators
Bland Bray Coleman Days
Dougherty Gibbons Goode Gross
Jacob Kennedy Loudon Quick
Wheeler--13
NAYS--Senators
Bartle Callahan Caskey Cauthorn
Champion Childers Clemens Foster
Griesheimer Kinder Klindt Mathewson
Nodler Russell Scott Shields
Steelman Vogel Yeckel--19
Absent--Senators
Dolan Stoll--2
Absent with leave--Senators--None

Senator Jacob offered SA 16, which was read:

SENATE AMENDMENT NO. 16

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 12, Section 610.026, Line 40, by inserting immediately after said line the following: "The attorney general shall have the authority to investigate any permit issued to determine compliance with 571.101, RSMo.".

Senator Jacob moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 16 is out of order, as it goes beyond the scope and purpose of the original bill.

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

Senator Jacob offered SA 17, which was read:

SENATE AMENDMENT NO. 17

Amend Senate Committee Substitute for Senate Bills Nos. 1020, 889 and 869, Page 12, Section 610.026, Line 40, by inserting immediately after said line the following: "The attorney general shall have the authority to investigate any permit issued to determine compliance with 571.101 and 610.023, RSMo.".

Senator Jacob moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 17 is out of order as it goes beyond the scope and purpose of the original bill.

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

Senator Gross assumed the Chair.

Senator Bartle assumed the Chair.

Senator Steelman moved that SCS for SBs 1020, 889 and 869, as amended, be adopted, which motion prevailed.

On motion of Senator Steelman, SCS for SBs 1020, 889 and 869, as amended, was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

SB 1229, introduced by Senator Caskey, entitled:

An Act to repeal section 221.111, RSMo, and to enact in lieu thereof one new section relating to delivery or concealment of certain substances in correctional facilities, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Caskey, SB 1229 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Stoll--1
Absent with leave--Senators--None

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.

SB 1218, with SCS, introduced by Senator Quick, entitled:

An Act to repeal section 335.076, RSMo, and to enact in lieu thereof one new section relating to advanced practice nurses.

Was called from the Consent Calendar and taken up.

SCS for SB 1218, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1218

An Act to repeal section 335.016, RSMo, and to enact in lieu thereof one new section relating to advanced practice nurses.

Was taken up.

Senator Quick moved that SCS for SB 1218 be adopted, which motion prevailed.

On motion of Senator Quick, SCS for SB 1218 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Wheeler Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1162, introduced by Senator Jacob, entitled:

An Act to repeal section 64.825, RSMo, and to enact in lieu thereof one new section relating to regulation of subdivisions in unincorporated areas.

Was called from the Consent Calendar and taken up.

On motion of Senator Jacob, SB 1162 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Coleman Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Jacob Kennedy
Kinder Klindt Loudon Nodler
Quick Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Mathewson--1
Absent with leave--Senators--None

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 1048, introduced by Senator Nodler, et al, entitled:

An Act to repeal sections 137.101 and 301.025, RSMo, and to enact in lieu thereof two new sections relating to the motor vehicle registration process for certain organizations.

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

On motion of Senator Nodler, SB 1048 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bland Bray Callahan
Caskey Cauthorn Champion Childers
Clemens Days Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Nodler Quick
Russell Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senators
Coleman Mathewson--2
Absent with leave--Senators--None

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

SENATE BILLS FOR PERFECTION

Senator Yeckel moved that SB 718, with SS and SS for SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SS for SB 718 was again taken up.

Senator Yeckel offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Substitute for Senate Bill No. 718, Page 5, Section 536.300, Line 11, by striking the words "pursuant to the" and inserting in lieu thereof the following: "that complies with all of the"; and further amend Line 19, by striking the words "pursuant to the" and inserting in lieu thereof the following: "that complies with all of the"; and

Further amend said bill, Page 6, Section 536.305, Lines 27 & 28, by striking the following: ", two of whom shall be public members"; and

Further amend said bill, Page 9, Section 536.315, Line 9, by inserting after all of said line the following:

"536.325. 1. Any state agency authorized to assess administrative penalties or adminis-trative fines upon a small business may consider waiving or reducing any administrative penalty or administrative fine for a violation of any statute, ordinance, or rules by a small business under the following conditions:

(1) The small business corrects the violation within thirty days after receipt of a notice of violation or citation;

(2) The violation was unintentional or the result of excusable neglect;

(3) The violation was the result of an excusable misunderstanding of a state agency's interpretation of a rule; or

(4) The small business self-identifies the violation.

2. Subsection 1 of this section shall not apply when:

(1) A small business fails to exercise good faith in complying with the statute, ordinance, or rule;

(2) A violation involves willful or criminal conduct;

(3) The violation is deemed by the state agency to be egregious;

(4) A violation results in serious health, safety, or environmental impact;

(5) The penalty or fine is assessed pursuant to a federal law or regulation for which no waiver or reduction is authorized by the federal law or regulation; or

(6) There is a continuing pattern of similar violations by the small business."; and

Further amend the title and enacting clause accordingly.

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

Senator Jacob moved that SS for SS for SB 718, as amended, be adopted, which motion prevailed.

On motion of Senator Yeckel, SS for SS for SB 718, as amended, was declared perfected and ordered printed.

President Pro Tem Kinder assumed the Chair.

REPORTS OF STANDING COMMITTEES

Senator Vogel, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred HB 969, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Bartle assumed the Chair.

Senator Jacob requested unanimous consent of the body to withdraw SB 1398, which request was granted.

RESOLUTIONS

Senator Bartle offered Senate Resolution No. 1519, regarding Laura Ellen Lehman, Lee's Summit, which was adopted.

Senator Kennedy offered Senate Resolution No. 1520, regarding Beatrice "Grandma Bea" Ray, St. Louis, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Klindt introduced to the Senate, Blythe Heits, Hamilton; and Jennifer Harrison, Marceline.

Senator Russell introduced to the Senate, Susie Johnson, Camden County.

Senator Kinder introduced to the Senate, Marty Stephens, Speaker of the Utah House of Representatives; and a delegation from National Conference of State Legislatures.

Senator Stoll introduced to the Senate, Margie Sammons, Arnold; and emergency medical services personnel from across Missouri.

On behalf of Senator Nodler and himself, Senator Childers introduced to the Senate, Glenda Parton, Lampe; Barbara Long, Joplin; and Pat Quick, Mt. Vernon.

Senator Loudon introduced to the Senate, Larry Amen and eighth grade students from Grace Christian School, Maryland Heights.

Senator Dolan introduced to the Senate, former State Senator, Judge Steve Ehlmann and Joe Ortweth, St. Charles.

Senator Gibbons introduced to the Senate, Ross and Tami Bopp and their daughters Lara and Tara, Kirkwood; and Lara and Tara were made honorary pages.

Senator Gibbons introduced to the Senate, Barb Cooper, Peggy Adams, Joanne Douglas, Susan Woodard, Jayne Jokerst, Nedra Klohr, Joan Miller, and Jackie Johnson, representatives of Bonhomme Federated Republicans.

Senator Yeckel introduced to the Senate, Katharine "Melody" Federer and Joanne Breckenridge, St. Louis County.

Senator Shields introduced to the Senate, Laurie Reichert, Kearney.

Senator Scott introduced to the Senate, Jaclyn Rohrs, Bolivar; and Tonya Goosen, Cole Camp; and Jaclyn and Tonya were made honorary pages.

Senator Russell introduced to the Senate, Donita Price, Linda McQuerter, Gwen Riggs, Jack Howard and Ken Goss, Lebanon.

Senator Russell introduced to the Senate, Lacy Morris, Mountain Grove.

Senator Griesheimer introduced to the Senate, Carol Perkins, Linda Hagen, Laura Roettering and Becky Specking, Washington.

Senator Caskey introduced to the Senate, Larry DesCombes and thirty-five eighth grade students from Leeton School, Leeton.

On behalf of Senator Nodler, the President introduced to the Senate, Brad Burton and Jordan Taylor, Greenfield; and Jordan was made an honorary page.



Senator Griesheimer introduced to the Senate, representatives of Federated Republican Women's Club: Randy Downs, Megan Halcrow, Jake Voss, Joe Kamphoefner, Catie Monzyk and Kathy Merkel, Washington; and Jessie and Megan Breuer, and Carolyn Sansone-Webb, Union; and Randy, Megan, Jake, Joe, Catie, Kathy, Jessie, Megan and Carolyn were made honorary pages.

Senator Griesheimer introduced to the Senate, Jackie Miller, Federated Republican Women's Club, Washington.

Senator Russell introduced to the Senate, Joe and Carol Whetstine, Jonathan and Lola Whetstine, Lydia Whetstine and Mrs. Rich, representatives of Federated Republican Women's Club, Texas County.

Senator Dougherty introduced to the Senate, Alderman Tom Bauer, St. Louis.

On behalf of Senator Nodler, the President introduced to the Senate, Kaynen Boehne, Lockwood.

Senator Bartle introduced to the Senate, Joy D. Freeland, Santa Fe Trails Republican Women's Club, Independence.

Senator Scott introduced to the Senate, Second Lieutenant Jennifer Howerton, Clinton.

Senator Callahan introduced to the Senate, the Physician of the Day, Dr. Donald A. Potts, M.D., Kansas City.

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

SENATE CALENDAR

______



THIRTY-SIXTH DAY-WEDNESDAY, MARCH 10, 2004

______



FORMAL CALENDAR



HOUSE BILLS ON SECOND READING



HCS for HB 895

HB 923-Holand and Fraser

HCS for HB 955

HB 960-Roark

HB 932-Bivins and Villa

HB 989-Barnitz and Kuessner

HB 1070-Miller, et al

HB 1071-Goodman

HB 1107-Crawford, et al

HB 1126-Seigfreid, et al

HB 1149-May, et al

HCS for HB 1198

HCS for HB 833

HB 938-Luetkemeyer

HCS for HB 947

HB 975-Johnson (47), et al

HCS for HBs 998 & 905

HB 1047-Guest and Bivins

HB 1275-Wilson (130), et al

HCS for HB 1209

HB 801-Smith (118)



THIRD READING OF SENATE BILLS



SCS for SB 1160-Shields, et al

SS for SCS for SB 968-Shields

SENATE BILLS FOR PERFECTION



SB 1180-Shields and Kinder, with SCS

SBs 1027 & 896-Cauthorn, et al, with SCS

SB 988-Steelman, with SCS

SBs 1069, 1068, 1025, 1005 & 1089-Gross

and Griesheimer, with SCS

SB 809-Klindt, with SCS

SB 1232-Clemens, et al, with SCS

SB 1081-Kinder, et al, with SCS

SB 1141-Loudon, with SCS

SB 960-Gibbons, with SCS

SBs 1233, 840 & 1043-Dolan, with SCS

SB 710-Goode and Bray, with SCS

SB 1220-Caskey, with SCS

SBs 738 & 790-Loudon, with SCS

HOUSE BILLS ON THIRD READING



HCS for HB 1182, with SCS (Klindt)

HB 969-Cooper, et al (Bartle)

INFORMAL CALENDAR



THIRD READING OF SENATE BILLS



SB 1123-Gibbons, et al





SENATE BILLS FOR PERFECTION



SB 715-Childers and Caskey, with SCS, SS

for SCS & SA 24 (pending)

SB 755-Shields, with SCS

SB 856-Loudon, with SCS

SB 933-Yeckel, et al

SB 989-Gross, et al, with SCS (pending)

SB 990-Loudon, with SCS

SB 1122-Shields, with SCS & SS for SCS (pending)

SB 1138-Bartle

CONSENT CALENDAR



Senate Bills



Reported 2/9



SB 741-Klindt

SB 1093-Gibbons and Yeckel, with SCS

SB 799-Steelman, with SCS



Reported 2/23



SB 1044-Shields, with SCS

SB 1172-Gibbons, et al, with SCS

SB 1007-Goode, et al

SB 962-Clemens, with SCS

SB 992-Cauthorn, with SCS

SB 1177-Klindt, with SCS

SB 900-Goode, with SCA 1

SB 945-Gibbons, with SCS

SB 1087-Days, et al

SB 1086-Cauthorn

SB 1078-Loudon, with SCS

SB 883-Klindt

SB 966-Shields

SB 757-Shields, with SCS

SB 771-Bray, with SCS

SB 772-Bray and Griesheimer

SB 788-Childers, with SCS

SB 845-Yeckel, with SCS

SB 894-Goode

SB 899-Goode

SB 956-Scott, with SCS

SB 1225-Dougherty, et al, with SCS

SB 1114-Loudon

Reported 3/1



SB 762-Champion, with SCS#2

SB 1212-Wheeler and Russell, with SCS

SB 1243-Wheeler

SB 1253-Mathewson, et al, with SCS

SBs 1085 & 800-Foster, et al, with SCS

SB 884-Klindt

SB 768-Nodler

SB 1111-Klindt

SB 1064-Scott and Clemens

SB 974-Dougherty, with SCS

SB 1130-Scott

SB 1055-Bartle and Wheeler Reported 3/8



SB 1240-Griesheimer, with SCS

SB 1249-Champion

SB 824-Griesheimer

SB 1112-Clemens

SB 1257-Days and Foster

SB 1133-Foster, et al

SB 1230-Clemens and Griesheimer

SB 1188-Loudon, with SCS

SB 1074-Coleman, with SCS

SB 1181-Yeckel, with SCS

SB 1250-Scott, with SCS

SB 1084-Foster, with SCS

SB 1165-Russell

SB 1274-Shields

SB 1047-Kennedy

SB 1142-Dolan, with SCS

SB 1083-Kennedy and Dougherty

SB 1262-Dolan, with SCS

SB 1299-Loudon

SB 1215-Griesheimer, with SCS

SB 1235-Loudon, with SCS



RESOLUTIONS



Reported from Committee



SCR 36-Gibbons and Dougherty, with SCS

SCR 37-Shields and Bartle