Journal of the Senate

SECOND REGULAR SESSION


FORTIETH DAY--WEDNESDAY, MARCH 17, 2004


The Senate met pursuant to adjournment.

Senator Nodler in the Chair.

Reverend Carl Gauck offered the following prayer:

"I bind unto myself this day, the power of God to hold and lead..." (Text attributed to St. Patrick.)

Gracious God of heaven and earth, we join the thoughts of St. Patrick that it is only in You that we can gain the wisdom of faithful living in this world as You teach and Your hand guides us through this day. May we be bound to You and obedient to Your will. 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 Coleman offered Senate Resolution No. 1579, regarding Margaret "Meg" Hoester, St. Louis, which was adopted.

Senator Coleman offered Senate Resolution No. 1580, regarding Joe Reece, St. Louis, which was adopted.

Senator Coleman offered Senate Resolution No. 1581, regarding Scott Troy, St. Louis, which was adopted.

Senator Mathewson offered Senate Resolution No. 1582, regarding Whitney Heins, Concordia, which was adopted.

Senator Jacob offered Senate Resolution No. 1583, regarding Tegan Teacutter, Columbia, which was adopted.

HOUSE BILLS ON THIRD READING

HCS for HB 1014, with SCS, 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.

Was taken up by Senator Russell.

SCS for HCS for HB 1014, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1014

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.

Was taken up.

Senator Russell moved that SCS for HCS for HB 1014 be adopted.

Senator Cauthorn offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1014, Page 7, Section 14.150, by inserting immediately after said section the following new section:

"Section 14.155. To the Department of Corrections

For the purpose of funding the expense of fuel and

utilities department wide

Expense and Equipment

From General Revenue Fund $51,246".

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

Senator Russell moved that SCS for HCS for HB 1014, as amended, be adopted, which motion prevailed.

On motion of Senator Russell, SCS for HCS for HB 1014, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Days Dougherty Foster Gibbons
Goode Griesheimer Gross Kennedy
Kinder Klindt Loudon Mathewson
Nodler Quick Russell Scott
Shields Steelman Stoll Vogel
Yeckel--29
NAYS--Senators--None
Absent--Senators
Bland Coleman Dolan Jacob
Wheeler--5
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

THIRD READING OF SENATE BILLS

SS for SS for SB 718, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 718

An Act to repeal section 536.010, RSMo, and to enact in lieu thereof six new sections relating to small businesses.

Was taken up by Senator Yeckel.

On motion of Senator Yeckel, SS for SS for SB 718 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SCS for SBs 1020, 889 and 869 entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1020, 889 and 869

An Act to repeal sections 610.010, 610.011, 610.015, 610.020, 610.021, 610.022, 610.023, 610.026, 610.027, 610.029, 610.100, and 610.200, RSMo, and to enact in lieu thereof fourteen new sections relating to public records.

Was taken up by Senator Steelman.

On motion of Senator Steelman, SCS for SBs 1020, 889 and 869 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

Senator Steelman 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

SB 1081, with SCS, was placed on the Informal Calendar.

Senator Loudon moved that SB 1141, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 1141, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1141

An Act to repeal sections 245.015, 245.060, 245.095, and 246.305, RSMo, and to enact in lieu thereof four new sections relating to levee districts.

Was taken up.

Senator Loudon moved that SCS for SB 1141 be adopted.

Senator Gross offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 1141, Page 1, Section 245.015, Lines 7-9, by striking said lines and inserting in lieu thereof the following: "this state may".

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

Senator Loudon moved that SCS for SB 1141, as amended, be adopted, which motion prevailed.

On motion of Senator Loudon, SCS for SB 1141, as amended, was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

SB 788, with SCS, introduced by Senator Childers, entitled:

An Act to repeal sections 302.775, 304.022, and 307.175, RSMo, and to enact in lieu thereof three new sections relating to the operation of emergency vehicles, with an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 788, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 788

An Act to repeal sections 302.775, 304.022, and 307.175, RSMo, and to enact in lieu thereof three new sections relating to the operation of emergency vehicles, with an emergency clause.

Was taken up.

Senator Childers moved that SCS for SB 788 be adopted, which motion prevailed.

On motion of Senator Childers, SCS for SB 788 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
Clemens Coleman Days Dolan
Dougherty Foster Gibbons Goode
Griesheimer Gross Kennedy Kinder
Klindt Loudon Nodler Quick
Russell Scott Shields Steelman
Vogel Wheeler Yeckel--31
NAYS--Senators--None
Absent--Senators
Jacob Mathewson Stoll--3
Absent with leave--Senators--None

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

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

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

SB 845, with SCS, introduced by Senator Yeckel, entitled:

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to a memorial highway.

Was called from the Consent Calendar and taken up.

SCS for SB 845, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 845

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to a memorial highway.

Was taken up.

Senator Yeckel moved that SCS for SB 845 be adopted, which motion prevailed.

On motion of Senator Yeckel, SCS for SB 845 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Callahan Cauthorn
Champion Childers Clemens Coleman
Days Dolan Dougherty Foster
Gibbons Goode Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Scott
Shields Steelman Vogel Wheeler
Yeckel--29
NAYS--Senator Caskey--1
Absent--Senators
Bland Quick Stoll--3
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 894, introduced by Senator Goode, entitled:

An Act to repeal section 307.172, RSMo, and to enact in lieu thereof one new section relating to maximum bumper heights for motor vehicles, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Goode, SB 894 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 899, introduced by Senator Goode, entitled:

An Act to repeal section 307.375, RSMo, and to enact in lieu thereof one new section relating to inspection of school buses.

Was called from the Consent Calendar and taken up.

On motion of Senator Goode, SB 899 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 Scott Shields
Steelman Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senator Stoll--1
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

Senator Gross assumed the Chair.

SB 956, with SCS, introduced by Senator Scott, entitled:

An Act to repeal sections 307.125 and 307.127, RSMo, and to enact in lieu thereof three new sections relating to operating animal-driven vehicles, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCS for SB 956, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 956

An Act to repeal sections 307.125 and 307.127, RSMo, and to enact in lieu thereof two new sections relating to operating animal-driven vehicles, with penalty provisions.

Was taken up.

Senator Scott moved that SCS for SB 956 be adopted, which motion prevailed.

On motion of Senator Scott, SCS for SB 956 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
Quick Scott Shields Steelman
Vogel Wheeler Yeckel--31
NAYS--Senators--None
Absent--Senators
Goode Stoll--2
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 1225, with SCS, introduced by Senator Dougherty, et al, entitled:

An Act to repeal section 84.160, RSMo, and to enact in lieu thereof one new section relating to maximum amounts of compensation for police officers.

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

SCS for SB 1225, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1225

An Act to repeal section 84.160, RSMo, and to enact in lieu thereof one new section relating to maximum amounts of compensation for police officers.

Was taken up.

Senator Dougherty moved that SCS for SB 1225 be adopted, which motion prevailed.

On motion of Senator Dougherty, SCS for SB 1225 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 Scott Shields Steelman
Vogel Wheeler Yeckel--31
NAYS--Senators--None
Absent--Senators
Quick Stoll--2
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 1114, introduced by Senator Loudon, entitled:

An Act to repeal section 82.291, RSMo, and to enact in lieu thereof one new section relating to removal of nuisances, with a termination date.

Was called from the Consent Calendar and taken up.

On motion of Senator Loudon, SB 1114 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Coleman 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
Bland Stoll--2
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 762, with SCS No. 2, introduced by Senator Champion, entitled:

An Act to repeal sections 210.025, 210.543, 210.565, and 210.760, RSMo, and to enact in lieu thereof eight new sections relating to foster care, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCS No. 2 for SB 762, entitled:

SENATE COMMITTEE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 762

An Act to repeal sections 210.565 and 210.760, RSMo, and to enact in lieu thereof six new sections relating to foster care.

Was taken up.

Senator Champion moved that SCS No. 2 for SB 762 be adopted, which motion prevailed.

On motion of Senator Champion, SCS No. 2 for SB 762 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 Scott Shields Steelman
Vogel Wheeler Yeckel--31
NAYS--Senators--None
Absent--Senators
Quick Stoll--2
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 1212, with SCS, introduced by Senator Wheeler, entitled:

An Act to authorize the governor to convey property owned by the state to the Truman Medical Center.

Was called from the Consent Calendar and taken up.

SCS for SB 1212, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1212

An Act to authorize the governor to convey property owned by the state to the Truman Medical Center.

Was taken up.

Senator Wheeler moved that SCS for SB 1212 be adopted, which motion prevailed.

Senator Wheeler was recognized to close.

President Pro Tem Kinder referred SCS for SB 1212 to the Committee on Governmental Accountability and Fiscal Oversight.

SB 1243, introduced by Senator Wheeler, entitled:

An Act to repeal section 475.275, RSMo, and to enact in lieu thereof one new section relating to verification of securities held by conservator.

Was called from the Consent Calendar and taken up.

On motion of Senator Wheeler, SB 1243 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
Foster Gibbons Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Scott Shields Steelman Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Dougherty Goode Stoll--3
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 1253, with SCS, introduced by Senator Mathewson, et al, entitled:

An Act to repeal section 353.020, RSMo, and to enact in lieu thereof one new section relating to urban redevelopment.

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

SCS for SB 1253, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1253

An Act to repeal section 353.020, RSMo, and to enact in lieu thereof one new section relating to urban redevelopment.

Was taken up.

Senator Mathewson moved that SCS for SB 1253 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for SB 1253 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Coleman 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
Bland Stoll--2
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 1085, introduced by Senator Foster, et al, and SB 800, introduced by Senators Steelman and Dougherty, with SCS, entitled respectively:

An Act to amend chapter 143, RSMo, by adding thereto one new section relating to donations for multiple sclerosis.

An Act to amend chapter 143, RSMo, by adding thereto one new section relating to the creation of an ALS Lou Gehrig's Disease fund.

Were called from the Consent Calendar and taken up by Senator Foster.

SCS for SBs 1085 and 800, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1085 and 800

An Act to amend chapter 143, RSMo, by adding thereto one new section relating to contributions to certain nonprofit organizations.

Was taken up.

Senator Foster moved that SCS for SBs 1085 and 800 be adopted, which motion prevailed.

Senator Foster was recognized to close.

President Pro Tem Kinder referred SCS for SBs 1085 and 800 to the Committee on Governmental Accountability and Fiscal Oversight.



REFERRALS

President Pro Tem Kinder referred HCR 10 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

On motion of Senator Gibbons, the Senate recessed until 2:30 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Bartle.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 1584, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. L. Lloyd Lalumondier, Festus, which was adopted.

Senator Scott offered Senate Resolution No. 1585, regarding Courtney Dull, Weaubleau, which was adopted.

Senator Scott offered Senate Resolution No. 1586, regarding Jean Walden, Springfield, which was adopted.

Senator Caskey offered Senate Resolution No. 1587, regarding Dr. Thomas Alexander, Butler, which was adopted.

SENATE BILLS FOR PERFECTION

Senator Gibbons moved that SB 960, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 960, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 960

An Act to repeal sections 137.073 and 137.115, RSMo, and to enact in lieu thereof two new sections relating to property tax reassessment.

Was taken up.

Senator Gibbons moved that SCS for SB 960 be adopted.

Senator Gibbons offered SS for SCS for SB 960, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 960

An Act to repeal sections 137.073 and 137.115, RSMo, and to enact in lieu thereof two new sections relating to property tax reassessment.

Senator Gibbons moved that SS for SCS for SB 960 be adopted.

Senator Griesheimer offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 960, Page 1, In the Title, Line 3, by inserting immediately after the word "reassessment" the following: ", with an effective date for a certain section"; and

Further amend said bill, page 24, section 137.115, line 2, by inserting immediately after said line the following:

"137.122. 1. As used in this section, the following terms shall mean:

(1) "Depreciable tangible personal property", tangible personal property that is used in a trade or business or used for the production of income and that has a determinable life of longer than one year. Depreciable tangible personal property shall not include livestock, farm machinery, property subject to the motor vehicle registration provisions of chapter 301, RSMo, or property assessed by the state tax commission pursuant to chapters 151, 153, 155, or section 137.022, and sections 137.1000 to 137.1030, RSMo;

(2) "Functional installation costs", all costs for installation if such costs are included in the purchase price and are not separately stated or separately purchased; in the case of separately stated or separately purchased installation costs, all costs for installation that are essential to the functionality of the property, or that make it minimally ready for use. The term does not include cost for installation that add to the property in a purely operational manner;

(3) "Installed fair market value", the estimated amount, expressed in terms of money, that may reasonably be expected for an installed property in an exchange between a willing buyer and a willing seller, with equity to both, neither under any compulsion to buy or sell, and both fully aware of all relevant facts, including the original cost and freight costs, as of the date of assessment;

(4) "Original cost", the purchase price paid by the taxpayer for an item of depreciable tangible personal property, including freight charges and functional installation costs, and specifically excluding any taxes on such property;

(5) "True value in money", as such term is applied to depreciable tangible personal property owned by the taxpayer, or under the taxpayer's care, charge, or management, and taxable in this state, shall mean the installed fair market value.

2. Depreciable tangible personal property shall be a separate subclass of tangible personal property and assessed at thirty-three and one-third percent of its true value in money. The "value" for tax purposes of depreciable tangible personal property, in compliance with article X, section 4(b), and under the authority of article X, section 3, of the Constitution of Missouri, shall be its value as determined by the method set forth in this section.

3. On or before January 31 of the assessment year, the assessor shall supply forms that are approved by the state tax commission to those required in subsection 4 to submit lists of depreciable tangible personal property. Such forms shall require the name and current address of the person required to file, a description of the depreciable tangible personal property, its asset class, the year acquired, the recovery period, the original cost, the depreciation class, the property's value, and any other information the assessor deems important in assessing such property.

4. All owners of taxable depreciable tangible personal property and all persons holding such property under their care, charge, or management, must submit depreciable tangible personal property lists to the assessor on forms supplied by the assessor. Such lists must be completed and submitted with the same oath, affirmation, or certification requirements and within the same time frame and subject to the same omitted personal property provisions and penalties for late or fraudulent filing as provided by law for other personal property.

5. The assessor shall review the information supplied by property owners or holders and any other information at the assessor's disposal and assure, by any necessary amendments based upon the best information available, that the depreciable tangible personal property is valued properly.

6. To implement the provisions of this subsection, the assessor shall value depreciable tangible personal property by applying the class life of property as set out in the federal Modified Accelerated Cost Recovery System life tables or their successors and applying those class lives to the following depreciation schedule:

Year Recovery Period in Years

3 5 7 10 15 20

1 75.00 85.00 89.29 92.50 95.00 96.25

2 37.50 59.50 70.16 78.62 85.50 89.03

3 12.50 41.65 55.13 66.83 76.95 82.35

4 5.00 24.99 42.88 56.81 69.25 76.18

5 10.00 30.63 48.07 62.32 70.46

6 18.38 39.33 56.09 65.18

7 10.00 30.59 50.19 60.29

8 21.85 44.29 55.77

9 15.00 38.38 51.31

10 32.48 46.85

11 26.57 42.38

12 20.67 37.92

13 15.00 33.46

14 29.00

15 24.54

16 20.08

17 20.00

Depreciable tangible personal property in all recovery periods shall continue in subsequent years to have the depreciation factor last listed in the appropriate column so long as it is owned or held by the taxpayer.

7. The state tax commission shall study and analyze the values established by this method of assessment and in every odd-numbered year make recommendations to the joint committee on tax policy pertaining to any changes in this methodology, if any, that are warranted.

8. Notwithstanding any provisions to the contrary, in all hearings before the local boards of equalization and the state tax commission, there shall be a presumption that the value derived utilizing the depreciation and valuation tables developed and approved by the state tax commission for the valuation of depreciable tangible personal property is value under article X, section 4(b) of the Constitution of Missouri and is true value in money under section 137.115. This presumption of correct value shall be rebuttable by the presentation of clear and convincing evidence that the depreciation and valuation factors do not correctly represent value as herein defined.

Section B. Section 137.122 of this act shall become effective January 1, 2005."

Further amend the title and enacting clause accordingly.

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

Senator Gibbons moved that SS for SCS for SB 960, as amended, be adopted, which motion prevailed.

On motion of Senator Gibbons, SS for SCS for SB 960, as amended, was declared perfected and ordered printed.

Senator Shields moved that SB 1122, with SCS, and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SCS for SB 1122, as amended, was again taken up.

Senator Shields offered SS for SS for SCS for SB 1122, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1122

An Act to repeal sections 332.051, 332.071, 332.081, 332.111, 332.121, and 334.100, RSMo, and to enact in lieu thereof seven new sections relating to professional licensing, with penalty provisions.

Senator Shields moved that SS for SS for SCS for SB 1122 be adopted.

Senator Dougherty offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Page 8, Section 332.081, Line 10, by inserting after the word "to" the following: "a hospital licensed pursuant to chapter 197, RSMo, that provides care and treatment only to children under the age of eighteen,"; and

Further amend line 26, by inserting after the word "such" the following: "children's hospital,".

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

Senator Quick offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Page 7, Section 332.081, Line 19, by inserting after all of said line the following:

"(e) Governmental entities, including county health departments;"; and reletter remaining paragraphs accordingly; and further amend said section, page 8, lines 23-25, by striking all of said lines and inserting in lieu thereof the following: "within the scope of his or her license or registration. Nothing in this subsection shall"; and further amend said bill and section, page 10, line 12, by inserting after "(42 U.S.C. 1396d(1))" the following: "or governmental entities, including county health departments".

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

Senator Quick offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Page 8, Section 332.081, Line 4, by striking the words "shall only" and insert in lieu thereof: "may".

Senator Quick moved that the above amendment be adopted.

Senator Shields offered SSA 1 for SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Page 8, Section 332.081, Line 4, by striking the word "shall" and insert in lieu thereof: "may".

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

Senator Quick offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1122, Page 8, Section 332.081, Line 7, by inserting at the end of said line the following: "all".

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

Senator Shields moved that SS for SS for SCS for SB 1122, as amended, be adopted, which motion prevailed.

On motion of Senator Shields, SS for SS for SCS for SB 1122, as amended, was declared

perfected and ordered printed.

At the request of Senator Dolan, SB 1233, SB 840 and SB 1043, with SCS, were placed on the Informal Calendar.

SB 710, with SCS, was placed on the Informal Calendar.

At the request of Senator Caskey, SB 1220 with SCS, was placed on the Informal Calendar.

SB 738 and SB 790, with SCS, were placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

SB 884, introduced by Senator Klindt, entitled:

An Act to amend chapter 3, RSMo, by adding thereto one new section relating to the duties of the revisor of statutes.

Was called from the Consent Calendar and taken up.

On motion of Senator Klindt, SB 884 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle 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--30
NAYS--Senators--None
Absent--Senators
Bland Coleman Stoll--3
Absent with leave--Senator Russell--1

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 768, introduced by Senator Nodler, entitled:

An Act to repeal section 174.453, RSMo, and to enact in lieu thereof one new section relating to qualifications for the board of governors of Missouri Southern State University-Joplin.

Was called from the Consent Calendar and taken up.

On motion of Senator Nodler, SB 768 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 Scott Shields Steelman
Vogel Wheeler Yeckel--31
NAYS--Senators--None
Absent--Senators
Quick Stoll--2
Absent with leave--Senator Russell--1

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.

SB 1111, introduced by Senator Klindt, entitled:

An Act to repeal section 488.429, RSMo, and to enact in lieu thereof one new section relating to law library funds.

Was called from the Consent Calendar and taken up.

On motion of Senator Klindt, SB 1111 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 Scott Shields
Steelman Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senator Stoll--1
Absent with leave--Senator Russell--1

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 1064, introduced by Senators Scott and Clemens, entitled:

An Act to repeal section 488.2205, RSMo, and to enact in lieu thereof one new section relating to court costs.

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

On motion of Senator Scott, SB 1064 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 Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Scott Shields Steelman Vogel
Wheeler Yeckel--30
NAYS--Senators--None
Absent--Senators
Goode Jacob Stoll--3
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 974, with SCS, introduced by Senator Dougherty, entitled:

An Act to amend chapter 538, RSMo, by adding thereto one new section relating to suits against health care providers who provide medical evaluations.

Was called from the Consent Calendar and taken up.

SCS for SB 974, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 974

An Act to repeal section 105.711, RSMo, and to enact in lieu thereof one new section relating to suits against health care providers who provide medical evaluations.

Was taken up.

Senator Dougherty moved that SCS for SB 974 be adopted, which motion prevailed.

On motion of Senator Dougherty, SCS for SB 974 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 Scott Shields
Steelman Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senator Stoll--1
Absent with leave--Senator Russell--1

The President declared the bill passed.

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

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

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

SB 1130, introduced by Senator Scott, entitled:

An Act to repeal section 251.440, RSMo, and to enact in lieu thereof two new sections relating to regional planning commissions.

Was called from the Consent Calendar and taken up.

On motion of Senator Scott, SB 1130 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 Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1055, introduced by Senators Bartle and Wheeler, entitled:

An Act to repeal section 86.690, RSMo, and to enact in lieu thereof one new section relating to civilian employees' retirement system of the police department of Kansas City.

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

On motion of Senator Wheeler, SB 1055 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

Senator Wheeler 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 Kinder moved that SB 1371, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 1371, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1371

An Act to repeal section 208.574, RSMo, and to enact in lieu thereof five new sections relating to the coordination of benefits for the Medicare Prescription Drug, Improvement and Modern-ization Act of 2003, with a termination date for a certain section.

Was taken up.

Senator Kinder moved that SCS for SB 1371 be adopted.

Senator Kinder offered SS for SCS for SB 1371, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1371

An Act to repeal sections 208.568 and 208.574, RSMo, and to enact in lieu thereof seven new sections relating to the coordination of benefits for the Medicare Prescription Drug, Improvement and Modernization Act of 2003, with a termination date for a certain section.

Senator Kinder moved that SS for SCS for SB 1371 be adopted.

Senator Kinder offered SS for SS for SCS for SB 1371, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1371



An Act to repeal sections 208.568 and 208.574, RSMo, and to enact in lieu thereof seven new sections relating to the coordination of benefits for the Medicare Prescription Drug, Improvement and Modernization Act of 2003, with a termination date for a certain section.

Senator Kinder moved that SS for SS for SCS for SB 1371 be adopted.

Senator Foster offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1371, Page 1, Section A, Line 4, of said page, by inserting after all of said line the following:

"208.556. 1. There is hereby established the "Missouri Senior Rx Program" within the division of aging in the department of health and senior services to help defray the costs of prescription drugs for elderly Missouri residents. The division shall provide technical assistance to the commission for the administration and implementation of the program. The commission shall solicit requests for proposals from private contractors for the third-party administration of the program; except that, the commission shall either administer the rebate program established in section 208.565 or contract with the division of medical services for such rebate program. The program shall be governed by the commission for the Missouri Senior Rx program established in section 208.553.

2. Administration of the program shall include, but not be limited to, devising program applications, enrolling participants, administration of prescription drug benefits, and implementation of cost-control measures, including such strategies as disease management programs, early refill edits, drug utilization review which includes retroactive approval systems, fraud and abuse detection system, and auditing programs. The commission shall select a responsive, cost-effective bid from the requests for proposal; however, if no responsive, cost-effective bids are received, the program shall be administered collaboratively by the department of health and senior services and the department of social services.

3. Prescription drug benefits shall not include coverage of the following drugs or classes of drugs, or their medical uses:

(1) Agents when used for anorexia or weight gain;

(2) Agents when used to promote fertility;

(3) Agents when used for cosmetic purposes or hair growth;

(4) Agents when used for the symptomatic

relief of cough and colds;

(5) Agents when used to promote smoking cessation;

(6) Prescription vitamins and mineral products, except prenatal vitamins and fluoride preparations;

(7) Nonprescription drugs;

(8) Covered outpatient drugs which the manufacturer seeks to require as a condition of sale that associated tests or monitoring services be purchased exclusively from the manufacturer or its designee;

(9) Barbiturates;

(10) Benzodiazepines.

4. Subject to appropriations, available funds and other cost-control measures authorized herein, any Missouri resident sixty-five years of age or older, who has not had access to employer-subsidized health care insurance that offers a pharmacy benefit for six months prior to application, who is not currently ineligible pursuant to subsection 8 of this section:

(1) Who has a household income at or below twelve thousand dollars for an individual or at or below seventeen thousand dollars for a married couple is eligible to participate in the program; or

(2) Who has a household income at or below seventeen thousand dollars for an individual or at or below twenty-three thousand dollars for a married couple is eligible to participate in the program.

(3) However, the commission may restrict income eligibility limits as a last resort to obtain program cost control.

5. The commission shall have the authority to set and adjust coinsurance, deductibles and enrollment fees at different amounts pursuant to subdivisions (1) and (2) of subsection 4 of this section as a cost-containment measure.

6. Any person who has retired and received employer-sponsored health insurance while employed, but whose employer does not offer health insurance coverage to retirees shall not be subject to the six-month uninsured requirement.

7. The program established in this section is not an entitlement. Benefits shall be limited to the level supported by the moneys explicitly appropriated pursuant to this section. If in any fiscal year the commission projects that the total cost of the program will exceed the amount currently appropriated for the program, the commission may direct the third-party administrator to implement cost-control measures to reduce the projected cost. Such cost-control measures may include, but are not limited to, increasing the enrollment fees in subsection 12 of this section, the deductibles in subsection 11 of this section, and the coinsurance outlined in subsection 12 of this section. The Missouri Senior Rx program is a payer of last resort. If the federal government establishes a pharmaceutical assistance program that covers program-eligible seniors under Medicare or another program, the Missouri Senior Rx program shall cover only eligible costs not covered by the federal program.

8. Any person who is receiving Medicaid benefits shall not be eligible to participate in the program. The Missouri Senior Rx program is a payer of last resort. If a senior has coverage for pharmaceutical benefits through a health benefit plan, as defined in section 376.1350, RSMo, including a Medicare supplement or Medicare+Choice plan, or through a self-funded employee benefit plan, the Missouri Senior Rx program shall pay only for eligible costs not provided by such coverage. Individuals who have benefits with an actuarial value greater than or equal to the benefits in the program are not eligible for the program.

9. All applicants [for] not currently participating in the program shall submit an [annual] initial application to the division, or the division's designee, that attests to the age, residence, any third-party health insurance coverage, previous year prescription drug costs, annual household income for an individual or couple, if married, and any other information the commission deems necessary. The third-party administrator shall prescribe the form of the application for initial enrollment in the program, which shall be approved by the division. The commission shall develop and implement a means test by which applicants must demonstrate that they meet the income requirement of the program. Information provided by applicants and enrollees pursuant to sections 208.550 to 208.571 is confidential and shall not be disclosed by the commission, the division or any other state agency or contractor therein in any form.

10. Nothing in this section shall be construed as requiring an applicant to accept Medicaid benefits in lieu of participation in this program.

11. The following deductibles shall apply to enrollees in the program:

(1) For an individual with a household income at or below twelve thousand dollars, the deductible shall, in the initial year, not be less than two hundred fifty dollars;

(2) For a married couple with a household income at or below seventeen thousand dollars, the deductible shall, in the initial year, not be less than two hundred fifty dollars for each person;

(3) For an individual with a household income between twelve thousand one dollars and seventeen thousand dollars, the deductible shall, in the initial year, not be less than five hundred dollars; and

(4) For a married couple with a household income between seventeen thousand one dollars and twenty-three thousand dollars, the deductible shall, in the initial year, not be less than five hundred dollars for each person.

12. For prescription drugs, enrollees shall pay a forty percent coinsurance. The division may implement a higher coinsurance at the recommendation of the commission. Such coinsurance may be adjusted annually by the commission and shall be used to reduce the state's cost for the program. In addition, each enrollee with an annual household income at or below twelve thousand dollars for an individual or at or

below seventeen thousand dollars for a married couple shall pay, in the initial year, not less than an annual twenty-five dollar enrollment fee and each enrollee with a household income between twelve thousand one dollars and seventeen thousand dollars for an individual or at or below between seventeen thousand one dollars and twenty-three thousand dollars for a married couple shall pay, in the initial year, not less than an annual thirty-five dollar enrollment fee to offset the administrative costs of the program.

13. The total annual expenditures for each enrollee under this program may be up to but shall not exceed five thousand dollars for each participant.

14. In providing program benefits, the department may enter into a contract with a private individual, corporation or agency to implement the program.

15. The division shall utilize area agencies on aging, senior citizens centers, and other senior-focused entities to provide outreach, enrollment referral assistance, and education services to potentially eligible seniors for the Missouri Senior Rx program. The division and third-party administrators shall be responsible for informing eligible seniors on the availability of and providing information about pharmaceutical company benefits which may be applicable.

16. The commission shall submit quarterly reports to the governor, the senate appropriations committee, the house of representatives budget committee, the speaker of the house of representatives, the president pro tem of the senate, and the division that include:

(1) Quantified data as to the number of program applicants;

(2) An estimate of whether the current rate of expenditures will exceed the existing appropriation for the program in the current fiscal year; and

(3) Information regarding the commission's recommendations for changes to income eligibility, enrollment fees, coinsurance, deductibles, and benefit caps for enrollees in the program.

17. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections 208.550 to 208.571 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Sections 208.550 to 208.571 and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.

18. Any person who knowingly makes any false statements, falsifies or permits to be falsified any records, or engages in conduct in an attempt to defraud the program is guilty of a misdemeanor and shall forfeit all rights to which he or she may be entitled hereunder.

208.559. 1. [The Missouri Senior Rx program shall be operational no later than July 1, 2002.] The division shall accept applications for initial enrollment during an [initial] open enrollment period from [April 1, 2002, through May 30, 2002. Beginning with the enrollment period for fiscal year 2004, open enrollment periods for the program shall be held from] January first through February twenty-eighth of each year. Any current enrollee shall automatically remain in the program unless such enrollee specifically opts out of the program during an open enrollment period. The division may establish procedures for verifying a current enrollee's continued eligibility for the program under section 208.556.

2. A person may apply for participation in the program outside the enrollment periods listed in subsection 1 of this section within thirty days of such person attaining the age and income eligibility requirements of the program established in section 208.556."; and

Further amend the title and enacting clause

accordingly.

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

Senator Jacob offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 1371, Page 2, Section 208.580, Lines 15-23, by striking all of said lines and amending subsequent subdivision identifiers accordingly; and further amend same section, page 3, lines 6-15, by striking all of said lines and inserting in lieu thereof the following:

"(2) "Gap coverage", seventy-five percent of qualified prescription drug expenses incurred by an eligible senior each year:

(a) After the eligible senior has incurred qualified prescription drug expenses equal to the initial coverage limit for that year, as "initial coverage limit" is defined in the Medicare Prescription Drug, Improvement and Moderni-zation Act of 2003; and

(b) Before the eligible senior has incurred qualified prescription drug expenses equal to the annual out-of-pocket threshold for that year, as "annual out-of-pocket threshold" is defined in the Medicare Prescription Drug, Improvement and Modernization Act of 2003;

(3) "Qualified prescription drug expenses", those expenses incurred for prescription drugs for which coverage is allowed pursuant to subsections 6, 7 and 8 of this section;"; and

Further amend same section, page 4, lines 9-11, by striking all of said lines and inserting in lieu thereof the following: "control measures to reduce the projected cost. The"; and

Further amend same section, page 4, lines 13-20, by striking all of said lines and inserting in lieu thereof the following:

"4. Subject to appropriations and other available funds, the Missouri senior prescription drug plan shall provide gap coverage for each eligible senior each year, except that the total benefit under the Missouri senior prescription drug plan for any eligible senior shall not exceed two thousand one hundred thirty-eight dollars in the first year of the plan with that amount thereafter adjusted annually based upon the provisions of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 in such a manner to maintain the full seventy-five percent coverage for qualified prescription drug expenses incurred within the coverage gap created by the Medicare Prescription Drug, Improvement and Moderni-zation Act of 2003.".

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

Senator Kinder moved that SS for SS for SCS for SB 1371, as amended, be adopted, which motion prevailed.

On motion of Senator Kinder, SS for SS for SCS for SB 1371, as amended, was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

SB 1240, with SCS, introduced by Senator Griesheimer, entitled:

An Act to repeal section 488.429, RSMo, and to enact in lieu thereof one new section relating to law library funds.

Was called from the Consent Calendar and taken up.

SCS for SB 1240, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1240

An Act to repeal section 488.429, RSMo, and to enact in lieu thereof one new section relating to law library funds.

Was taken up.

Senator Griesheimer moved that SCS for SB 1240 be adopted, which motion prevailed.

On motion of Senator Griesheimer, SCS for SB 1240 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 Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None

The President declared the bill passed.

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.

SB 1249, introduced by Senator Champion, entitled:

An Act to repeal sections 34.010 and 34.070, RSMo, and to enact in lieu thereof three new sections relating to state purchasing.

Was called from the Consent Calendar and taken up.

On motion of Senator Champion, SB 1249 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 Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 824, introduced by Senator Griesheimer, entitled:

An Act to repeal section 301.390, RSMo, and to enact in lieu thereof one new section relating to seizure of motor vehicles with altered or missing licensed plates, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Griesheimer, SB 824 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 Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None

The President declared the bill passed.

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.

SB 1257, introduced by Senators Days and Foster, entitled:

An Act to repeal section 160.261, RSMo, and to enact in lieu thereof one new section relating to school discipline, with penalty provisions.

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

On motion of Senator Days, SB 1257 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 Russell Scott Shields
Steelman Stoll Vogel Wheeler
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1133, introduced by Senator Foster, et al, entitled:

An Act to repeal section 168.221, RSMo, and to enact in lieu thereof one new section relating to school principals.

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

On motion of Senator Foster, SB 1133 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 Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
NAYS--Senators--None
Absent--Senators
Quick Russell--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1188, with SCS, introduced by Senator Loudon, entitled:

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

Was called from the Consent Calendar and taken up.

SCS for SB 1188, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1188

An Act to repeal section 376.671, RSMo, and to enact in lieu thereof two new sections relating to annuity contracts, with an expiration date and an emergency clause.

Was taken up.

Senator Loudon moved that SCS for SB 1188 be adopted, which motion prevailed.

On motion of Senator Loudon, SCS for SB 1188 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle 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--33
NAYS--Senators--None
Absent--Senator Bland--1
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
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

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

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

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

SB 1181, with SCS, introduced by Senator Yeckel, entitled:

An Act to repeal sections 334.530, 334.540, 334.550, 334.655, 334.660, and 334.665, RSMo, and to enact in lieu thereof six new sections relating to licensing of physical therapists and physical therapist assistants.

Was called from the Consent Calendar and taken up.

SCS for SB 1181, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1181

An Act to repeal sections 334.100, 334.530, 334.540, 334.550, 334.655, 334.660, and 334.665, RSMo, and to enact in lieu thereof seven new sections relating to licensing of physical therapists and physical therapist assistants.

Was taken up.

Senator Yeckel moved that SCS for SB 1181 be adopted, which motion prevailed.

On motion of Senator Yeckel, SCS for SB 1181 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle Bray Callahan Caskey
Cauthorn Champion Childers Clemens
Coleman Days Dolan Dougherty
Foster Gibbons Goode Griesheimer
Gross Jacob Kennedy Kinder
Klindt Loudon Mathewson Nodler
Russell Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
NAYS--Senator Bland--1
Absent--Senator Quick--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 1250, with SCS, introduced by Senator Scott, entitled:

An Act to repeal section 414.560, RSMo, and to enact in lieu thereof one new section relating to Missouri propane education and research council.

Was called from the Consent Calendar and taken up.

SCS for SB 1250, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1250



An Act to repeal section 414.560, RSMo, and to enact in lieu thereof one new section relating to Missouri propane education and research council.

Was taken up.

Senator Scott moved that SCS for SB 1250 be adopted, which motion prevailed.

On motion of Senator Scott, SCS for SB 1250 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bartle 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--33
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

The following message was 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 HS for HCS for SS for SCS for SB 730, entitled:

An Act to amend chapter 137, RSMo, by adding thereto one new section relating to a homestead exemption for the elderly.

With House Substitute Amendment No. 1 for House Amendment No. 1, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1, House Amendments Nos. 2 and 3.

HOUSE AMENDMENT NO. 1 TO

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 1

Amend House Substitute Amendment No. 1 for House Amendment No. 1 to House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 730, Page 3, Section 137.106, Line 11 by deleting the words "one hundred" and inserting in lieu thereof the word "ninety-five"; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 730, Page 3, Section 137.106, Line 11 of said page by inserting after the words "one hundred" the word "ten"; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 730, Page 3, Section 137.106, Line 19 by inserting after the word "subdivision" the words "if and only if the decrease in revenue is a direct result of claims paid under the homestead exemption credit"; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 730, Page 7, Section 137.106, Line 9 of said page by inserting after the word "county." the following: "In any county of the third classification with a township form of government, the remaining one-quarter of one percent shall be distributed to the county general revenue fund."; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

In which the concurrence of the Senate is respectfully requested.



PRIVILEGED MOTIONS

Senator Gross moved that the Senate refuse to concur in HS for HCS for SS for SCS for SB 730, as amended, and request the House to recede from its position and failing to do so grant the Senate a conference thereon, which motion prevailed.

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 were referred SS for SCS for SB 960; and SCS for SB 1141, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 1588, regarding Jefferson College, Hillsboro, which was adopted.

COMMUNICATIONS

Senator Kinder submitted the following:

March 17, 2004

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointments to the Missouri Consolidated Health Care Plan Board of Trustees

Dear Terry:

Pursuant to Section 103.008, RSMo 2002, I am appointing the following Senators to the Missouri Consolidated Health Care Plan Board of Trustees:

Senator Delbert Scott

Senator Charles Wheeler

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

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro-Tem

INTRODUCTIONS OF GUESTS

Senator Gibbons introduced to the Senate, Kay and Bob Pelikan and their children, Andrew and Laura; and Charlie Spencer and Jan Schuster, Kirkwood.

On behalf of Senator Griesheimer and himself, Senator Gibbons introduced to the Senate, Ann Cunningham, Kirkwood; and Diane Lucas, Wildwood.

Senator Klindt introduced to the Senate, Rusty Kahrs, Howard Hardecke, Ryan Bailey, Carl Elliott, Crystal Sellers, David Geier, David Moore, Ken Disselhorst, Merrel Breyer and Brent Bryant, officers of the Missouri Cattlemen's Association.

Senator Mathewson introduced to the Senate, Chris Damon, and Whitney, Mark, and Cindy Heins, and Zach Lenz, Concordia.

Senator Caskey introduced to the Senate, Susie Yoder, Sue Bohnert and sixth, seventh and eighth grade students from Harrisonville Middle School; and Sabrina Bryant, Jessie Friedrich, Sam Cooper, Sarah Holland, Bailey Warner and Alie Roth were made honorary pages.

Senator Bray introduced to the Senate, Rabbi Susan Talve and representatives of Hadassah Women's Advocacy Group, Creve Coeur.

On behalf of Senator Vogel and himself, Senator Scott introduced citizens from Benton and Morgan Counties.

Senator Gibbons introduced to the Senate, Teree Farbstein, St. Louis County; Fran Alper, Olivette; Susan Talve and Carole Slepian, St. Louis; and Barbara Rosenfield, Manchester.

Senator Griesheimer introduced to the Senate, Miriam Howatt, Wildwood.

Senator Callahan introduced to the Senate, Nicki Burnett, Kansas City.

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

SENATE CALENDAR

______



FORTY-FIRST DAY-THURSDAY, MARCH 18, 2004

______



FORMAL CALENDAR



HOUSE BILLS ON SECOND READING



HCS for HB 959

HCS for HB 1115

HCS for HB 1363

HCS for HB 1439

HB 826-Kelley (144)

HB 1291-Pearce

HB 956-May (149)

HB 1398-Lager

HCS for HB 1399



HB 1259-Threlkeld

HCS for HB 1305

HB 937-Moore, et al

HB 904-Luetkemeyer

HB 824-Seigfried

HCS for HB 912

HCS for HB 1171

HCS for HB 1192



THIRD READING OF SENATE BILLS



SS for SS for SCS for SB 715-Childers

and Caskey (In Fiscal Oversight)

SCS for SB 988-Steelman (In Fiscal Oversight)



SS for SCS for SB 960-Gibbons

SCS for SB 1141-Loudon



SENATE BILLS FOR PERFECTION



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

INFORMAL CALENDAR



THIRD READING OF SENATE BILLS



SB 1123-Gibbons, et al



SENATE BILLS FOR PERFECTION



SB 710-Goode and Bray, with SCS

SBs 738 & 790-Loudon, with SCS

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, SS for SCS, SA 2 &

SA 2 to SA 2 (pending)

SB 1081-Kinder, et al, with SCS

SB 1138-Bartle

SB 1180-Shields and Kinder, with SCS

SB 1220-Caskey, with SCS

SB 1232-Clemens, et al, with SCS (pending)

SBs 1233, 840 & 1043-Dolan, with SCS

HOUSE BILLS ON THIRD READING



HB 969-Cooper, et al, with SA 1 (pending)

(Bartle)

HCS for HB 1182, with SCS (Klindt)



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 771-Bray, with SCS

SB 772-Bray and Griesheimer

Reported 3/1



SCS for SB 1212-Wheeler and Russell

(In Fiscal Oversight)

SCS for SBs 1085 & 800-Foster, et al

(In Fiscal Oversight) Reported 3/8



SB 1112-Clemens

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

(In Fiscal Oversight)

SB 1235-Loudon, with SCS

Reported 3/15



SB 1259-Childers

SB 1269-Yeckel, with SCS

SB 1296-Callahan

SB 1302-Champion

SB 1304-Griesheimer and Gibbons, with SCS

SB 1329-Griesheimer

SB 1331-Gibbons, with SCS

SB 1338-Callahan

SB 1344-Champion

SB 1391-Foster

SB 961-Champion, with SCS

SB 987-Quick, with SCS

SB 1155-Cauthorn, with SCS

SB 901-Goode, with SCS

SB 1152-Steelman, with SCS

SB 1091-Klindt, with SCS

SB 1323-Shields

SB 941-Coleman, with SCS

SB 1189-Scott, with SCS

SB 1242-Wheeler

SB 847-Bland

SB 1311-Wheeler

SB 1195-Klindt, with SCS

SB 1066-Steelman, with SCS

SB 1265-Bartle, with SCS

SB 1211-Wheeler

SB 1247-Dougherty and Kennedy, with SCS

SB 906-Foster, with SCS

SB 983-Quick, with SCS

SB 842-Childers

SB 1320-Kinder

SB 1322-Mathewson

SB 972-Stoll, with SCS

SB 1336-Kennedy and Dougherty, with SCS

SB 1287-Griesheimer, with SCS

SB 1365-Yeckel, et al, with SCS

SB 1285-Wheeler

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



Requests to Recede or Grant Conference



SS for SCS for SB 730-Gross,

with HS for HCS, as amended

(Senate requests House recede

or grant conference)

RESOLUTIONS



Reported from Committee



SCR 36-Gibbons and Dougherty, with SCS