Journal of the Senate

SECOND REGULAR SESSION


THIRTY-SEVENTH DAY--THURSDAY, MARCH 11, 2004


The Senate met pursuant to adjournment.

Senator Bartle in the Chair.

Reverend Carl Gauck offered the following prayer:

"Our lives no longer belong to us alone; they belong to all those who need us desperately." (Elie Wiesel)

Heavenly Father, as we finish our work for this week and head home to our loved ones make us mindful how much they need us. As we are separated from them each week help us to experience the loneliness they know only too well and strengthen us to provide the closeness and desires they need from us. 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 Gross offered Senate Resolution No. 1527, regarding Michael D. Best, St. Charles, which was adopted.

Senator Scott offered Senate Resolution No. 1528, regarding the death of Dave Waller, which was adopted.

Senator Shields offered Senate Resolution No. 1529, regarding Christopher Thomas, St. Joseph, which was adopted.

Senator Kennedy offered Senate Resolution No. 1530, regarding Anthony Schilli, Ste. Genevieve County, which was adopted.

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, after examination of SB 1230, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 1074, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, after examination of SB 1142, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

President Pro Tem Kinder assumed the Chair.

Senator Shields, Chairman of the Committee on Aging, Families, Mental and Public Health, submitted the following report:

Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 1371, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Bartle assumed the Chair.

THIRD READING OF SENATE BILLS

SCS for SBs 1027 and 896 entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1027 and 896

An Act to repeal sections 374.700, 374.705, 374.710, 374.715, 374.725, 374.730, 374.735, 374.740, 374.755, 374.757, 374.763, 374.765, 544.640, and 544.650, RSMo, and to enact in lieu thereof twenty-six new sections relating to the licensing of surety recovery agents, with penalty provisions.

Was taken up by Senator Cauthorn.

On motion of Senator Cauthorn, SCS for SBs 1027 and 896 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 Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Scott Shields Steelman Stoll
Vogel Yeckel--30
NAYS--Senators
Quick Wheeler--2
Absent--Senators
Goode Russell--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1172, with SCS, introduced by Senator Gibbons, et al, entitled:

An Act to amend chapter 109, RSMo, by adding thereto two new sections relating to the preservation of public records.

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

SCS for SB 1172, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1172

An Act to amend chapter 109, RSMo, by adding thereto two new sections relating to the preservation of public records.

Was taken up.

Senator Gibbons moved that SCS for SB 1172 be adopted, which motion prevailed.

On motion of Senator Gibbons, SCS for SB 1172 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 Gibbons, title to the bill was agreed to.

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

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

SENATE BILLS FOR PERFECTION

Senator Steelman moved that SB 988, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 988, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 988

An Act to repeal sections 260.200, 260.270, 260.272, 260.273, 260.274, 260.275, 260.276, 260.278, and 260.342, RSMo, and to enact in lieu thereof nine new sections relating to scrap tires, with penalty provisions and an emergency clause.

Was taken up.

Senator Steelman moved that SCS for SB 988 be adopted.

Senator Klindt offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 988, Page 12, Section 260.273, Line 22, by striking the word "four" and inserting in lieu thereof the following: "one".

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

Senator Klindt offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 988, Page 13, Section 260.273, Line 41, by inserting after "related administrative costs" the following: ", including but not limited to permitting and enforcement,".

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

Senator Klindt offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 988, Page 13, Section 260.273, Line 50, by striking the word "fifteen" and inserting in lieu thereof the following: "twenty".

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

Senator Klindt offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bill No. 988, Page 14, Section 260.274, Lines 1-2, by striking the following: "and the [environmental improvement and energy resources authority]"; and inserting in lieu thereof the following: "[and], the environmental improvement and energy resources authority, and the".

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

Senator Klindt offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bill No. 988, Page 13, Section 260.273, Line 47, by striking the following: "and subsequent fiscal years"; and further amend line 48, by striking the word "zero" and inserting in lieu thereof the following: "ten".

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

Senator Klindt offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for Senate Bill No. 988, Page 10, Section 260.270, Line 86, by inserting after "sites" the following: ", scrap tire end-user facilities, and scrap tire processing facilities".

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

Senator Childers offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for Senate Bill No. 988, Page 12, Section 260.273, Line 8, by inserting after the word "sold" the following: "before July 1, 2009. On or after July 1, 2009, such fee shall be imposed at the rate of twenty-five cents for each new tire sold"; and

Further amend said bill and section, Page 13, Line 37, by inserting after "6.]" the following: "Prior to July 1, 2009,"; and further amend line 49, by inserting after "purpose." the following: "On or after July 1, 2009, and for the subsequent five years after, one half of the revenue transferred into the subaccount of the solid waste management fund pursuant to subsection 3 of this section shall be allocated, upon appropriation, to the department of natural resources for the purpose of funding solid waste districts throughout the state. These funds shall be distributed in a manner so that each solid waste district operates at a minimum funding level of seventy-five thousand dollars from all state sources for each fiscal year. At the point at which such districts are operating at this level, all surplus revenue transferred into the subaccount of the solid waste management fund pursuant to subsection 3 of this section shall be equally apportioned to the solid waste districts throughout the state.".

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

Senator Steelman moved that SCS for SB 988, as amended, be adopted, which motion prevailed.

On motion of Senator Steelman, SCS for SB 988, as amended, was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

James B. Wilson, as a member of the Board of Police Commissioners for Kansas City;

Also,

Lois B. Kramer-Owens, as a member of the State Committee of Dietitians;

Also,

C. Jeanne Loyd, as a member of the Missouri Head Injury Advisory Council;

Also,

Ralph G. Biele, as a member of the Missouri Gaming Commission;

Also,

Lois L. Reine, as a member of the Missouri Board of Examiners for Hearing Instrument Specialists;

Also,

Robert F. Lawrence, as a member of the Well Installation Board;

Also,

Conny K. Dover, as a public member of the County Employees' Retirement Fund Board of Directors;

Also,

Martha A. Gragg, as a member of the Missouri Board for Respiratory Care;

Also,

Randy D. Mooney, as a member of the State Milk Board;

Also,

David K. Tan, M.D., as a member of the State Advisory Council on Emergency Medical Services;

Also,

Gary K. Sobocinski, as a member of the Missouri Board of Pharmacy.

Senator Kinder requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Kinder moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

President Pro Tem Kinder assumed the Chair.

Senator Childers, Chairman of the Committee on Economic Development, Tourism and Local Government, submitted the following report:

Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 1234, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SJR 40, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred SB 817, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Steelman, Chairman of the Committee on Commerce and the Environment, submitted the following report:

Mr. President: Your Committee on Commerce and the Environment, to which was referred SB 1124, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Agri-culture, Conservation, Parks and Natural Resources, to which was referred SB 1128, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Agri-culture, Conservation, Parks and Natural Resources, to which was referred SJR 24, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following reports:

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred SB 1370, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Govern-mental Accountability and Fiscal Oversight, to which was referred SJR 41, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 HCS for HB 898, entitled:

An Act to amend chapter 196, RSMo, by adding thereto six new sections relating to the prescription drug repository program.

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 1014, entitled:

An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2004.

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 adopted SCS for SCR 41.

INTRODUCTIONS OF GUESTS

Senator Nodler introduced to the Senate, Sherry, Drew and Demi Granger, and Austin Hansford, Neosho; and Drew, Demi and Austin were made honorary pages.

Senator Bartle introduced to the Senate, his wife Annette, and their children, Mack and Betsy, Lee's Summit; and Mack and Betsy were made honorary pages.

Senator Loudon introduced to the Senate, his daughter Lyda Lindsey Loudon, Ballwin; and Lyda was made an honorary page.

Senator Russell introduced to the Senate, Meggan Capps, Lebanon.

Senator Kinder introduced to the Senate, fourth grade students from Cape Christian School, Cape Girardeau.

Senator Clemens introduced to the Senate, Larry Smith and Reggie Johnson, Ava.

Senator Goode introduced to the Senate, students from Brown Elementary School, St. Louis County.

Senator Gibbons introduced to the Senate, Alex Ricke, Kirkwood.

Senator Yeckel introduced to the Senate, Jane Hake and fourth grade students from Truman Elementary School, St. Louis County.

Senator Shields introduced to the Senate, the Physician of the Day, Dr. James D. Humphrey, M.D., Mound City.

On motion of Senator Gibbons, the Senate adjourned until 3:00 p.m., Monday, March 15, 2004.

SENATE CALENDAR

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THIRTY-EIGHTH DAY-MONDAY, MARCH 15, 2004

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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)

HCS for HB 898

HCS for HB 1014



THIRD READING OF SENATE BILLS



SS for SS for SB 718-Yeckel, et al

(In Fiscal Oversight)

SCS for SBs 1020, 889 & 869-Steelman, et al

(In Fiscal Oversight)

SENATE BILLS FOR PERFECTION



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

SB 1371-Kinder, et al, with SCS



SB 1234-Mathewson and Childers, with SCS

SJR 40-Stoll

SB 817-Kennedy and Griesheimer, with SCS

SB 1124-Goode and Steelman, with SCS

SB 1128-Cauthorn, with SCS

SJR 24-Caskey and Bartle, with SCS

SB 1370-Nodler

SJR 41-Kinder, et al, 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 755-Shields, with SCS

SB 809-Klindt, with SCS (pending)

SB 856-Loudon, with SCS

SB 933-Yeckel, et al

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

SB 990-Loudon, with SCS

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

Griesheimer, with SCS

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

SB 1138-Bartle

SB 1180-Shields and Kinder, with SCS

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 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 1188-Loudon, 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 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