Journal of the Senate

FIRST REGULAR SESSION



FORTY-NINTH DAY—THURSDAY, APRIL 7, 2005





       The Senate met pursuant to adjournment.

       Senator Griesheimer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “Create in me a clean heart, O God; And renew a right spirit within me.” (Psalm 51:10)

          Almighty God, we know that all of life continues only as long as it is renewed and so we pray daily that we might be renewed by Your Holy Spirit so that we are capable of performing the work You have given us to do. Renew us so that we see our relationships with one another as a means for us to grow and understand this world in which we live. Renew us, Lord, so we may be capable of having life and living it abundantly new each day. 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.

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

 

Present—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

 

 

 

 

The Lieutenant Governor was present.

 

 

 

 

                                                                     RESOLUTIONS

       Senator Days offered Senate Resolution No. 966, regarding Dr. John T. Yetter, which was adopted.

       Senator Wheeler offered Senate Resolution No. 967, regarding the Sixth Annual Mizzou Black and Gold Tiger Ball, which was adopted.

SENATE BILLS FOR PERFECTION

       Senator Coleman moved that SB 95 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       Senator Coleman offered SS for SB 95, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 95

       An Act to repeal sections 701.304, 701.306, 701.308, 701.309, 701.311, 701.312, 701.314, 701.320, 701.328, and 701.337, RSMo, and to enact in lieu thereof fourteen new sections relating to lead poisoning, with penalty provisions.

       Senator Coleman moved that SS for SB 95 be adopted, which motion prevailed.

       On motion of Senator Coleman, SS for SB 95 was declared perfected and ordered printed.

       Senator Loudon moved that SB 232 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       On motion on Senator Loudon, SB 232 was declared perfected and ordered printed.

       Senator Cauthorn moved that SB 225, with SCS and SS No. 2 for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

       SS No. 2 for SCS for SB 225 was again taken up.

       Senator Crowell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 225, Pages 19-22, Section 260.273, by striking all of said section from the bill; and

       Further amend the title and enacting clause accordingly.

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

       President Kinder assumed the Chair.

       Senator Gross offered SA 2:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 225, Page 1, In the Title, Line 6, by inserting after “provisions” the following: “and an emergency clause”; and

       Further amend said bill, Page 53, Section 260.569, Line 6, by inserting after all of said line the following:

       “260.900. As used in sections 260.900 to 260.960, unless the context clearly indicates otherwise, the following terms mean:

       (1) “Abandoned dry-cleaning facility”, any real property premises or individual leasehold space in which a dry-cleaning facility formerly operated;

       (2) “Active dry-cleaning facility”, any real property premises or individual leasehold space in which a dry-cleaning facility currently operates;

       (3) “Chlorinated dry-cleaning solvent”, any dry-cleaning solvent which contains a compound which has a molecular structure containing the element chlorine;

       (4) “Commission”, the hazardous waste management commission created in section 260.365;

       (5) “Corrective action”, those activities described in subsection 1 of section 260.925;

       (6) “Corrective action plan”, a plan approved by the director to perform corrective action at a dry-cleaning facility;

       (7) “Department”, the Missouri department of natural resources;

       (8) “Director”, the director of the Missouri department of natural resources;

       (9) “Dry-cleaning facility”, a commercial establishment that operates, or has operated in the past in whole or in part for the purpose of cleaning garments or other fabrics on site utilizing a process that involves any use of dry-cleaning solvents. Dry-cleaning facility includes all contiguous land, structures and other appurtenances and improvements on the land used in connection with a dry-cleaning facility but does not include prisons, governmental entities, hotels, motels or industrial laundries. Dry-cleaning facility does include coin-operated dry-cleaning facilities;

       (10) “Dry-cleaning solvent”, any and all nonaqueous solvents used or to be used in the cleaning of garments and other fabrics at a dry-cleaning facility and includes but is not limited to perchloroethylene, also known as tetrachloroethylene, [and petroleum-based solvents] chlorinated dry-cleaning, and the products into which such solvents degrade;

       (11) “Dry-cleaning unit”, a machine or device which utilizes dry- cleaning solvents to clean garments and other fabrics and includes any associated piping and ancillary equipment and any containment system;

       (12) “Environmental response surcharge”, either the active dry- cleaning facility registration surcharge or the dry-cleaning solvent surcharge;

       (13) “Fund”, the dry-cleaning environmental response trust fund created in section 260.920;

       (14) “Immediate response to a release”, containment and control of a known release in excess of a reportable quantity and notification to the department of any known release in excess of a reportable quantity;

       (15) “Operator”, any person who is or has been responsible for the operation of dry-cleaning operations at a dry-cleaning facility;

       (16) “Owner”, any person who owns the real property where a dry- cleaning facility is or has operated;

       (17) “Person”, an individual, trust, firm, joint venture, consortium, joint-stock company, corporation, partnership, association or limited liability company. Person does not include any governmental organization;

       (18) “Release”, any spill, leak, emission, discharge, escape, leak or disposal of dry-cleaning solvent from a dry-cleaning facility into the soils or waters of the state;

       (19) “Reportable quantity”, a known release of a dry-cleaning solvent deemed reportable by applicable federal or state law or regulation.

       260.905. 1. The commission shall promulgate and adopt such initial rules and regulations, effective no later than July 1, [2002] 2007, as shall be necessary to carry out the purposes and provisions of sections 260.900 to 260.960. Prior to the promulgation of such rules, the commission shall meet with representatives of the dry-cleaning industry and other interested parties. The commission, thereafter, shall promulgate and adopt additional rules and regulations or change existing rules and regulations when necessary to carry out the purposes and provisions of sections 260.900 to 260.960.

       2. Any rule or regulation adopted pursuant to sections 260.900 to 260.960 shall be reasonably necessary to protect human health, to preserve, protect and maintain the water and other natural resources of this state and to provide for prompt corrective action of releases from dry-cleaning facilities. Consistent with these purposes, the commission shall adopt rules and regulations, effective no later than July 1, [2002] 2007:

       (1) Establishing requirements that owners who close dry-cleaning facilities remove dry-cleaning solvents and wastes from such facilities in order to prevent any future releases;

       (2) Establishing criteria to prioritize the expenditure of funds from the dry-cleaning environmental response trust fund. The criteria shall include consideration of:

       (a) The benefit to be derived from corrective action compared to the cost of conducting such corrective action;

       (b) The degree to which human health and the environment are actually affected by exposure to contamination;

       (c) The present and future use of an affected aquifer or surface water;

       (d) The effect that interim or immediate remedial measures will have on future costs; and

       (e) Such additional factors as the commission considers relevant;

       (3) Establishing criteria under which a determination may be made by the department of the level at which corrective action shall be deemed completed. Criteria for determining completion of corrective action shall be based on the factors set forth in subdivision (2) of this subsection and:

       (a) Individual site characteristics including natural remediation processes;

       (b) Applicable state water quality standards;

       (c) Whether deviation from state water quality standards or from established criteria is appropriate, based on the degree to which the desired remediation level is achievable and may be reasonably and cost effectively implemented, subject to the limitation that where a state water quality standard is applicable, a deviation may not result in the application of standards more stringent than that standard; and

       (d) Such additional factors as the commission considers relevant.

       260.925. 1. On and after July 1, 2002, moneys in the fund shall be utilized to address contamination resulting from releases of dry-cleaning solvents as provided in sections 260.900 to 260.960. Whenever a release poses a threat to human health or the environment, the department, consistent with rules and regulations adopted by the commission pursuant to subdivisions (2) and (3) of subsection 2 of section 260.905, shall expend moneys available in the fund to provide for:

       (1) Investigation and assessment of a release from a dry-cleaning facility, including costs of investigations and assessments of contamination which may have moved off of the dry-cleaning facility;

       (2) Necessary or appropriate emergency action, including but not limited to treatment, restoration or replacement of drinking water supplies, to assure that the human health or safety is not threatened by a release or potential release;

       (3) Remediation of releases from dry-cleaning facilities, including contamination which may have moved off of the dry-cleaning facility, which remediation shall consist of the preparation of a corrective action plan and the cleanup of affected soil, groundwater and surface waters, using an alternative that is cost-effective, technologically feasible and reliable, provides adequate protection of human health and environment and to the extent practicable minimizes environmental damage;

       (4) Operation and maintenance of corrective action;

       (5) Monitoring of releases from dry-cleaning facilities including contamination which may have moved off of the dry-cleaning facility;

       (6) Payment of reasonable costs incurred by the director in providing field and laboratory services;

       (7) Reasonable costs of restoring property as nearly as practicable to the condition that existed prior to activities associated with the investigation of a release or cleanup or remediation activities;

       (8) Removal and proper disposal of wastes generated by a release of a dry-cleaning solvent; and

       (9) Payment of costs of corrective action conducted by the department or by entities other than the department but approved by the department, whether or not such corrective action is set out in a corrective action plan; except that, there shall be no reimbursement for corrective action costs incurred before August 28, 2000.

       2. Nothing in subsection 1 of this section shall be construed to authorize the department to obligate moneys in the fund for payment of costs that are not integral to corrective action for a release of dry-cleaning solvents from a dry-cleaning facility. Moneys from the fund shall not be used:

       (1) For corrective action at sites that are contaminated by solvents normally used in dry-cleaning operations where the contamination did not result from the operation of a dry-cleaning facility;

       (2) For corrective action at sites, other than dry-cleaning facilities, that are contaminated by dry-cleaning solvents which were released while being transported to or from a dry-cleaning facility;

       (3) To pay any fine or penalty brought against a dry-cleaning facility operator under state or federal law;

       (4) To pay any costs related to corrective action at a dry-cleaning facility that has been included by the United States Environmental Protection Agency on the national priorities list;

       (5) For corrective action at sites with active dry-cleaning facilities where the owner or operator is not in compliance with sections 260.900 to 260.960, rules and regulations adopted pursuant to sections 260.900 to 260.960, orders of the director pursuant to sections 260.900 to 260.960, or any other applicable federal or state environmental statutes, rules or regulations; or

       (6) For corrective action at sites with abandoned dry-cleaning facilities that have been taken out of operation prior to July 1, [2004] 2009, and not documented by or reported to the department by July 1, [2004] 2009. Any person reporting such a site to the department shall include any available evidence that the site once contained a dry-cleaning facility.

       3. Nothing in sections 260.900 to 260.960 shall be construed to restrict the department from temporarily postponing completion of corrective action for which moneys from the fund are being expended whenever such postponement is deemed necessary in order to protect public health and the environment.

       4. At any multisource site, the department shall utilize the moneys in the fund to pay for the proportionate share of the liability for corrective action costs which is attributable to a release from one or more dry-cleaning facilities and for that proportionate share of the liability only.

       5. At any multisource site, the director is authorized to make a determination of the relative liability of the fund for costs of corrective action, expressed as a percentage of the total cost of corrective action at a site, whether known or unknown. The director shall issue an order establishing such percentage of liability. Such order shall be binding and shall control the obligation of the fund until or unless amended by the director. In the event of an appeal from such order, such percentage of liability shall be controlling for costs incurred during the pendency of the appeal.

       6. Any authorized officer, employee or agent of the department, or any person under order or contract with the department, may enter onto any property or premises, at reasonable times and with reasonable advance notice to the operator, to take corrective action where the director determines that such action is necessary to protect the public health or environment. If consent is not granted by the operator regarding any request made by any officer, employee or agent of the department, or any person under order or contract with the department, under the provisions of this section, the director may issue an order directing compliance with the request. The order may be issued after such notice and opportunity for consultation as is reasonably appropriate under the circumstances.

       7. Notwithstanding any other provision of sections 260.900 to 260.960, in the discretion of the director, an operator may be responsible for up to one hundred percent of the costs of corrective action attributable to such operator if the director finds, after notice and an opportunity for a hearing in accordance with chapter 536, RSMo, that:

       (1) Requiring the operator to bear such responsibility will not prejudice another owner, operator or person who is eligible, pursuant to the provisions of sections 260.900 to 260.960, to have corrective action costs paid by the fund; and

       (2) The operator:

       (a) Caused a release in excess of a reportable quantity by willful or wanton actions and such release was caused by operating practices in violation of existing laws and regulations at the time of the release; or

       (b) Is in arrears for moneys owed pursuant to sections 260.900 to 260.960, after notice and an opportunity to correct the arrearage; or

       (c) Materially obstructs the efforts of the department to carry out its obligations pursuant to sections 260.900 to 260.960; except that, the exercise of legal rights shall not constitute a substantial obstruction; or

       (d) Caused or allowed a release in excess of a reportable quantity because of a willful material violation of sections 260.900 to 260.960 or the rules and regulations adopted by the commission pursuant to sections 260.900 to 260.960.

       8. For purposes of subsection 7 of this section, unless a transfer is made to take advantage of the provisions of subsection 7 of this section, purchasers of stock or other indicia of ownership and other successors in interest shall not be considered to be the same owner or operator as the seller or transferor of such stock or indicia of ownership even though there may be no change in the legal identity of the owner or operator. To the extent that an owner or operator is responsible for corrective action costs pursuant to subsection 7 of this section, such owner or operator shall not be entitled to the exemption provided in subsection 5 of section 260.930.

       9. The fund shall not be liable for the payment of costs in excess of one million dollars at any one contaminated dry-cleaning site. Additionally, the fund shall not be liable for the payment of costs for any one site in excess of twenty-five percent of the total moneys in the fund during any fiscal year. For purposes of this subsection, “contaminated dry-cleaning site” means the areal extent of soil or ground water contaminated with dry-cleaning solvents.

       10. The owner or operator of an active dry-cleaning facility shall be liable for the first twenty-five thousand dollars of corrective action costs incurred because of a release from an active dry-cleaning facility. The owner of an abandoned dry-cleaning facility shall be liable for the first twenty-five thousand dollars of corrective action costs incurred because of a release from an abandoned dry-cleaning facility. Nothing in this subsection shall be construed to prohibit the department from taking corrective action because the department cannot obtain the deductible.

       260.935. 1. Every active dry-cleaning facility shall pay, in addition to any other environmental response surcharges, an annual dry-cleaning facility registration surcharge as follows:

       (1) Five hundred dollars for facilities which use no more than one hundred forty gallons of chlorinated solvents [and no more than one thousand four hundred gallons of petroleum, nonchlorinated solvents per year];

       (2) One thousand dollars for facilities which use more than one hundred forty gallons of chlorinated solvents [or more than one thousand four hundred gallons of petroleum, nonchlorinated solvents per year] and less than three hundred sixty gallons of chlorinated solvents [and less than three thousand six hundred gallons of petroleum, nonchlorinated solvents] per year; and

       (3) Fifteen hundred dollars for facilities which use at least three hundred sixty gallons of chlorinated solvents [or at least three thousand six hundred gallons of petroleum, nonchlorinated solvents] per year.

       2. The active dry-cleaning facility registration surcharge imposed by this section shall be reported and paid to the department on an annual basis. The commission shall prescribe by administrative rule the procedure for the report and payment required by this section.

       3. The department shall provide each person who pays a dry-cleaning facility registration surcharge pursuant to this section with a receipt. The receipt or the copy of the receipt shall be produced for inspection at the request of any authorized representative of the department.

       4. All moneys collected or received by the department pursuant to this section shall be transmitted to the department of revenue for deposit in the state treasury to the credit of the dry-cleaning environmental response trust fund created in section 260.920. Following each annual reporting date, the state treasurer shall certify the amount deposited in the fund to the department.

       5. If any person does not pay the active dry-cleaning facility registration surcharge or any portion of the active dry-cleaning facility registration surcharge imposed by this section by the date prescribed for such payment, the department shall impose and such person shall pay, in addition to the active dry-cleaning facility registration surcharge owed by such person, a penalty of fifteen percent of the active dry-cleaning facility registration surcharge. Such penalty shall be deposited in the dry-cleaning environmental response trust fund.

       6. If any person does not pay the active dry-cleaning facility registration surcharge or any portion of the active dry-cleaning facility registration surcharge imposed by this section by the date prescribed for such payment, the department shall also impose interest upon the unpaid amount at the rate of ten percent per annum from the date prescribed for the payment of such surcharge and penalties until payment is actually made. Such interest shall be deposited in the dry-cleaning environmental response trust fund.

       260.940. 1. Every seller or provider of dry-cleaning solvent for use in this state shall pay, in addition to any other environmental response surcharges, a dry-cleaning solvent surcharge on the sale or provision of dry-cleaning solvent.

       2. The amount of the dry-cleaning solvent surcharge imposed by this section on each gallon of dry-cleaning solvent shall be an amount equal to the product of the solvent factor for the dry-cleaning solvent and the rate of eight dollars per gallon.

       3. The solvent factor for each dry-cleaning solvent is as follows:

       (1) For perchloroethylene, the solvent factor is 1.00;

       (2) For 1,1,1-trichloroethane, the solvent factor is 1.00; and

       (3) For other chlorinated dry-cleaning solvents, the solvent factor is 1.00[; and

       (4) For any nonchlorinated dry-cleaning solvent, the solvent factor is 0.05].

       4. In the case of a fraction of a gallon, the dry-cleaning solvent surcharge imposed by this section shall be the same fraction of the fee imposed on a whole gallon.

       5. The dry-cleaning solvent surcharge required in this section shall be paid to the department by the seller or provider of the dry-cleaning solvent, regardless of the location of such seller or provider.

       6. The dry-cleaning solvent surcharge required in this section shall be paid by the seller or provider on a quarterly basis and shall be paid to the department for the previous quarter. The commission shall prescribe by administrative rule the procedure for the payment required by this section.

       7. The department shall provide each person who pays a dry-cleaning solvent surcharge pursuant to this section with a receipt. The receipt or the copy of the receipt shall be produced for inspection at the request of any authorized representative of the department.

       8. All moneys collected or received by the department pursuant to this section shall be transmitted to the department of revenue for deposit in the state treasury to the credit of the dry-cleaning environmental response trust fund created in section 260.920. Following each annual or quarterly reporting date, the state treasurer shall certify the amount deposited to the department.

       9. If any seller or provider of dry-cleaning solvent fails or refuses to pay the dry-cleaning solvent surcharge imposed by this section, the department shall impose and such seller or provider shall pay, in addition to the dry-cleaning solvent surcharge owed by the seller or provider, a penalty of fifteen percent of the dry-cleaning solvent surcharge. Such penalty shall be deposited in the dry-cleaning environmental response trust fund.

       10. If any person does not pay the dry-cleaning solvent surcharge or any portion of the dry-cleaning solvent surcharge imposed by this section by the date prescribed for such payment, the department shall impose and such person shall pay interest upon the unpaid amount at the rate of ten percent per annum from the date prescribed for the payment of such surcharge and penalties until payment is actually made. Such interest shall be deposited in the dry-cleaning environmental response trust fund.

       11. An operator of a dry-cleaning facility shall not purchase or obtain solvent from a seller or provider who does not pay the dry-cleaning solvent charge, as provided in this section. Any operator of a dry- cleaning facility who fails to obey the provisions of this section shall be required to pay the dry-cleaning solvent surcharge as provided in subsections 2, 3 and 4 of this section for any dry-cleaning solvent purchased or obtained from a seller or provider who fails to pay the proper dry-cleaning solvent surcharge as determined by the department. Any operator of a dry-cleaning facility who fails to follow the provisions of this subsection shall also be charged a penalty of fifteen percent of the dry-cleaning solvent surcharge owed. Any operator of a dry-cleaning facility who fails to obey the provisions of this subsection shall also be subject to the interest provisions of subsection 10 of this section. If a seller or provider of dry-cleaning solvent charges the operator of a dry- cleaning facility the dry-cleaning solvent surcharge provided for in this section when the solvent is purchased or obtained by the operator and the operator can prove that the operator made full payment of the surcharge to the seller or provider but the seller or provider fails to pay the surcharge to the department as required by this section, then the operator shall not be liable pursuant to this subsection for interest, penalties or the seller's or provider's unpaid surcharge. Such surcharges, penalties and interest shall be collected by the department, and all moneys collected pursuant to this subsection shall be deposited in the dry-cleaning environmental response trust fund.

       260.945. 1. If the unobligated principal of the fund equals or exceeds five million dollars on April first of any year, the active dry-cleaning facility registration surcharge imposed by section 260.935 and the dry-cleaning solvent surcharge imposed by section 260.940 shall not be collected on or after the next July first until such time as on April first of any year thereafter the unobligated principal balance of the fund equals two million dollars or less, then the active dry-cleaning facility registration surcharge imposed by section 260.935 and the dry-cleaning solvent surcharge imposed by section 260.940 shall again be collected on and after the next July first.

       2. Not later than April fifth of each year, the state treasurer shall notify the department of the amount of the unobligated balance of the fund on April first of such year. Upon receipt of the notice, the department shall notify the public if the active dry-cleaning facility registration surcharge imposed by section 260.935 and the dry-cleaning solvent surcharge imposed by section 260.940 will terminate or be payable on the following July first.

       3. Moneys in the fund shall not be expended pursuant to sections 260.900 to 260.960 prior to July 1, 2002.

       260.960. 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 this section 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. This section 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, 2000,] the effective date of this act shall be invalid and void.

       260.965. The provisions of sections 260.900 to 260.965 shall expire August 28, 2012.”; and

       Further amend said bill, Page 56, Section 260.479, Line 41, by inserting after all of said line the following:

       “Section B. Because immediate action is necessary to enable the promulgation of regulations to implement this act and to preserve the environment, sections 260.900, 260.905, 260.925, 260.935, 260.940, 260.945, 260.960, and 260.965 of this act are deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and are hereby declared to be an emergency act within the meaning of the constitution, and sections 260.900, 260.905, 260.925, 260.935, 260.940, 260.945, 260.960, and 260.965 of this act shall be in full force and effect upon its passage and approval.”; and

       Further amend the title and enacting clause accordingly.

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

       Senator Cauthorn moved that SS No. 2 for SCS for SB 225, as amended, be adopted, which motion prevailed.

       On motion of Senator Cauthorn, SS No. 2 for SCS for SB 225, as amended, was declared perfected and ordered printed.

       Senator Scott moved that SB 476 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       Senator Scott offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Bill No. 476, Page 3, Section 361.070, Line 45, by inserting at the end of said line the following: “The director may seek judicial enforcement of an administrative subpoena by application to the appropriate court. An administrative subpoena shall be subject to the same defenses or subject to a protective order or conditions as provided and deemed appropriate by the court in accordance with the Missouri Supreme Court Rules.”; and

       Further amend said bill, page 4, section 361.080, lines 53-54 by striking all of said lines and inserting in lieu thereof the following: “(1) To the extent that the public duty of the director requires the director to report information to another government official or agency or take administrative or judicial enforcement action regarding the affairs of a financial institution”; and

       Further amend said bill, page 5, lines 61-62 by striking the words “or a complainant's representative” and inserting in lieu thereof the following: “, provided the disclosure is limited to such complainant's account information”; and further amend lines 73-76 by striking all of said lines and inserting in lieu thereof the following: “(7) When disclosure is necessary or required, the director may set conditions and limitations, including an agreement of confidentiality or a judicial or administrative protective order.”; and further amend line 83 by inserting after the word “process.” the following: “To assure a meaningful hearing, any financial institution that is not already a party to the judicial proceeding and whose information is the subject of a records request or subpoena shall be joined or notified and permitted to intervene in the hearing and to participate regarding the production request or subpoena.”; and

       Further amend the title and enacting clause accordingly.

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

       On motion of Senator Scott, SB 476, as amended, was declared perfected and ordered printed.

       Senator Crowell assumed the Chair.

       Senator Taylor moved that SB 50, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SB 50, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 50

       An Act to repeal sections 115.135, 115.155, and 115.160, RSMo, and to enact in lieu thereof three new sections relating to voter registration.

       Was taken up.

       Senator Taylor moved that SCS for SB 50 be adopted.

       Senator Taylor offered SS for SCS for SB 50, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 50

       An Act to repeal sections 115.135, 115.155, and 115.160, RSMo, and to enact in lieu thereof three new sections relating to voter registration.

       Senator Taylor moved that SS for SCS for SB 50 be adopted.

       At the request of Senator Taylor, SB 50, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

       Mr. President: Your Committee on Gubernatorial 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:

       Robert C. Fulp, as a member of the Missouri Housing Development Commission;

       Also,

       Nick L. Matherly, as a member of the Land Reclamation Commission;

       Also,

       Debra A. Adams, as a member of the Advisory Commission for Dental Hygienists;

       Also,

       Reginald Dickson, as a member of the Southeast Missouri State University Board of Regents;

       Also,

       Bruce A. Olson, as a member of the Health and Educational Facilities Authority of the State of Missouri;

       Also,

       Kathryn Braden, as a member of the State Soil and Water Districts Commission;

       Also,

       Gerald F. Engemann, as a member of the Dam and Reservoir Safety Council;

       Also,

       Jeanne M. Daffron, as a member of the Life Sciences Research Committee;

       Also,

       Thomas A. Deuschle, as the Director of the Department of Labor and Industrial Relations;

       Also,

       William G. Gillespie, as a member of the Harris-Stowe State College Board of Regents;

       Also,

       William K. Blades, as a member of the State Fair Commission;

       Also,

       Karen E. Allen, as a member of the Missouri Planning Council on Developmental Disabilities.

       Senator Gibbons requested unanimous consent of the Senate to vote on the above reports in one motion, which request was denied.

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Robert C. Fulp, as a member of the Missouri Housing Development Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Champion moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Nick L. Matherly, as a member of the Land Reclamation Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Purgason moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Debra A. Adams, as a member of the Advisory Commission for Dental Hygienists, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Purgason moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Reginald Dickson, as a member of the Southeast Missouri State University Board of Regents, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Days moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Bruce A. Olson, as a member of the Health and Educational Facilities Authority of the State of Missouri, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Bray moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Kathryn Braden, as a member of the State Soil and Water Districts Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Taylor moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Gerald F. Engemann, as a member of the Dam and Reservoir Safety Council, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Griesheimer moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Jeanne M. Daffron, as a member of the Life Sciences Research Committee, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Shields moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Thomas A. Deuschle, as the Director of the Department of Labor and Industrial Relations, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Ridgeway moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the reappointment of William G. Gillespie, as a member of the Harris-Stowe State College Board of Regents, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said reappointment.

       Senator Days moved that the Committee Report be adopted and the Senate do give its advice and consent to the above reappointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the reappointment of William K. Blades, as a member of the State Fair Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said reappointment.

       Senator Cauthorn moved that the Committee Report be adopted and the Senate do give its advice and consent to the above reappointment, which motion prevailed.

       Also,

       Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Karen E. Allen, as a member of the Missouri Planning Council on Developmental Disabilities, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

       Senator Vogel moved that the Committee Report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

       President Pro Tem Gibbons assumed the Chair.

       SIGNING OF BILLS

       The President Pro Tem announced that all other business would be suspended and CCS for SCS for HCS for HB 14, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

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

       Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SB 434, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Loudon, Chairman of the Committee on Small Business, Insurance and Industrial Relations, submitted the following report:

       Mr. President: Your Committee on Small Business, Insurance and Industrial Relations, to which was referred SB 55, 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 Commerce, Energy and the Environment, submitted the following report:

       Mr. President: Your Committee on Commerce, Energy and the Environment, to which was referred SB 236, begs leave to report that it has considered the same and recommends that the bill do pass.

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

       Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SS for SB 343, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Scott, Chairman of the Committee on Financial and Governmental Organizations and Elections, submitted the following report:

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred SB 93, 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 Governmental Accountability and Fiscal Oversight, to which was referred SB 240, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SB 241, begs leave to report that it has considered the same and recommends that the bill do pass.

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

       Mr. President: Your Committee on Ways and Means, to which was referred SB 339, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 220, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred SB 470, begs leave to report that it has considered the same and recommends that the bill do pass.

       On behalf of Senator Champion, Chairman of the Committee on Aging, Families, Mental and Public Health, Senator Shields submitted the following reports:

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 365 and SB 204, 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 Aging, Families, Mental and Public Health, to which was referred SB 376, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Aging, Families, Mental and Public Health, to which was referred SB 64, 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 Aging, Families, Mental and Public Health, to which was referred SB 90, 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 Aging, Families, Mental and Public Health, to which was referred SB 214, 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 Aging, Families, Mental and Public Health, to which was referred SB 321, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Dolan, Chairman of the Committee on Transportation, submitted the following report:

       Mr. President: Your Committee on Transportation, to which was referred SB 253, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Senator Bartle, Chairman of the Committee on the Judiciary and Civil and Criminal Jurisprudence, submitted the following reports:

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 37, SB 322, SB 78, SB 351 and SB 424, 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 the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 194, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 254, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on the Judiciary and Civil and Criminal Jurisprudence, to which was referred SB 373, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Nodler, Chairman of the Committee on Education, submitted the following reports:

       Mr. President: Your Committee on Education, to which was referred SB 287, 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 Education, to which was referred SB 481, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

       Senator Crowell, Chairman of the Committee on Pensions, Veterans’ Affairs and General Laws, submitted the following reports:

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SB 500, 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 Pensions, Veterans’ Affairs and General Laws, to which was referred SB 199, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SB 402, begs leave to report that it has considered the same and recommends that the bill do pass.

       Also,

       Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred HCS for HB 365, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Bartle assumed the Chair.

PRIVILEGED MOTIONS

       Senator Crowell moved that SCS for SBs 202, 33, 45, 183 and 217 with HCS be taken up for 3rd reading and final passage, which motion prevailed.

       HCS for SCS for SBs 202, 33, 45, 183 and 217, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NOS. 202, 33, 45, 183 and 217

       An Act to repeal section 287.845, RSMo, and to enact in lieu thereof two new sections relating to retirement, with an emergency clause.

       Was taken up.

       Senator Crowell moved that HCS for SCS for SBs 202, 33, 45, 183 and 217 be adopted, which motion prevailed by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       On motion of Senator Crowell HCS for SCS for SBs 202, 33, 45, 183 and 217 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Clemens

Coleman

Crowell

Days

Dolan

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—30

 

 

 

 

 

 

 

NAYS—Senator Dougherty—1

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       The President declared the bill passed.

       The emergency clause was adopted by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

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

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

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

       Bill ordered enrolled.

       Senator Crowell assumed the Chair.

THIRD READING OF SENATE BILLS

       SS for SB 343, introduced by Senator Bartle, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 343

       An Act to repeal sections 99.960 and 135.284, RSMo, section 99.845, as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 289, ninety-second general assembly, first regular session and senate bill no. 235, ninety-second general assembly, first regular session, and section 99.845 as enacted by senate committee substitute for senate bill no. 620, ninety-second general assembly, first regular session, and to enact in lieu thereof ten new sections relating to job development programs administered by the department of economic development.

       Was taken up.

       On motion of Senator Bartle, SS for SB 343 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       The President declared the bill passed.

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

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

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

       SCS for SB 319, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 319An Act to repeal section 288.110, RSMo, and to enact in lieu thereof one new section relating to the transfers of experience and assignment of rates for employer accounts, with penalty provisions and an effective date.

       Was taken up by Senator Koster.

       On motion of Senator Koster, SCS for SB 319 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       The President declared the bill passed.

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

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

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

       SCS for SBs 23 and 51 entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 23 and 51An Act to repeal sections 570.255 and 570.300, RSMo, and to enact in lieu thereof three new sections relating to criminal offenses concerning entertainment, with penalty provisions.

       Was taken up by Senator Griesheimer.

       On motion of Senator Griesheimer, SCS for SBs 23 and 51 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

 

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

       SB 274, introduced by Senator Taylor, entitled:

       An Act to amend chapter 407, RSMo, by adding thereto five new sections relating to travel clubs, with penalty provisions.

       Was taken up.

       On motion of Senator Taylor, SB 274 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       The President declared the bill passed.

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

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

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

       SCS for SB 468, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 468An Act to amend chapter 204, RSMo, by adding thereto thirty-four new sections relating to reorganized common sewer districts.

       Was taken up by Senator Griesheimer.

       On motion of Senator Griesheimer, SCS for SB 468 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Bray

Callahan

Cauthorn

Clemens

Coleman

Crowell

Days

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

Wheeler

Wilson—31

 

 

 

 

 

 

NAYS—Senators—None

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

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

       SS for SCS for SB 346, introduced by Senator Clemens, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 346

       An Act to amend chapter 537, RSMo, by adding thereto one new section relating to immunity for inherently dangerous recreational activities.

       Was taken up.

       On motion of Senator Clemens, SS for SCS for SB 346 was read the 3rd time and passed by the following vote:

 

YEAS—Senators

 

 

Bartle

Cauthorn

Clemens

Coleman

Crowell

Dolan

Engler

Gibbons

Graham

Green

Griesheimer

Gross

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel

—25

 

 

 

 

 

 

 

NAYS—Senators

 

 

Bray

Callahan

Days

Dougherty

Wheeler

Wilson—6

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senator Champion—1

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       The President declared the bill passed.

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

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

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

                                                                     RESOLUTIONS

       Senator Stouffer offered Senate Resolution No. 968, regarding the Nicholas-Beazley Aviation Museum, Incorporated, Marshall, which was adopted.

       Senator Stouffer offered Senate Resolution No. 969, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenneth Ussery, Mayview, which was adopted.

       Senator Stouffer offered Senate Resolution No. 970, regarding the birth of Elaina Grace Henderson, New Franklin, which was adopted.

       Senator Stouffer offered Senate Resolution No. 971, regarding the birth of Shelby Elizabeth-Ann Bartholomew, Boonville, which was adopted.

       Senator Stouffer offered Senate Resolution No. 972, regarding the birth of Emory Grace McClendon, Kansas City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 973, regarding the birth of Anna-Lynn Louise Sims, Fayette, which was adopted.

       Senator Stouffer offered Senate Resolution No. 974, regarding the birth of Malena Anne Fisher, Odessa, which was adopted.

       Senator Stouffer offered Senate Resolution No. 975, regarding the birth of Emma Lee Lett, Odessa, which was adopted.

       Senator Stouffer offered Senate Resolution No. 976, regarding the birth of Bruce Allen Cantwell, III, which was adopted.

       Senator Stouffer offered Senate Resolution No. 977, regarding the birth of Elijah Zane Schulze, Concordia, which was adopted.

       Senator Stouffer offered Senate Resolution No. 978, regarding the birth of Madison Allana Mullikin, Excelsior Springs, which was adopted.

       Senator Stouffer offered Senate Resolution No. 979, regarding Mr. and Mrs. Brent Drummond, which was adopted.

       Senator Stouffer offered Senate Resolution No. 980, regarding Mr. and Mrs. Hadley Wiskur, which was adopted.

       Senator Stouffer offered Senate Resolution No. 981, regarding the birth of Aidan Bentley Gage Treon, Carrollton, which was adopted.

       Senator Stouffer offered Senate Resolution No. 982, regarding the birth of Mitchell Kenneth King, Kansas City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 983, regarding the birth of Michael Robert Dierking, Malta Bend, which was adopted.

       Senator Stouffer offered Senate Resolution No. 984, regarding the birth of Dustin Joshua Robertson, Franklin, which was adopted.

       Senator Stouffer offered Senate Resolution No. 985, regarding the birth of Cayden Rylee Davis, Marceline, which was adopted.

       Senator Stouffer offered Senate Resolution No. 986, regarding the birth of Landon Mitchell Schachtele, Salisbury, which was adopted.

       Senator Clemens offered Senate Resolution No. 987, regarding the Ozark Lady Tigers, which was adopted.

       Senator Clemens offered Senate Resolution No. 988, regarding the 2004-2005 Chadwick High School girls basketball program, which was adopted.

       Senator Klindt offered Senate Resolution No. 989, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Theodore Glenn Brobst, Meadville, which was adopted.

       Senator Klindt offered Senate Resolution No. 990, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill Matkins, Purdin, which was adopted.

INTRODUCTIONS OF GUESTS

       Senator Scott introduced to the Senate, his aunt and uncle, Murl and Ruby Rice, Salina, Oklahoma; and Ken Peterson, Fulton.

       Senator Kennedy introduced to the Senate, Julie Rooney and Jean Merson, St. Louis; Valerie Frye and Pat Hall, Kansas City; Tina Mann, Fulton; Marilyn Raines and Nancy Asay, Springfield; David Dieckman, Overland Park, Kansas; Cyndi Bodnar, Rocheport; and Kay Hagan, Kirkwood.

       Senator Kennedy introduced to the Senate, fifty eighth grade students from St. Catherine Laboureʹ School, St. Louis.

       Senator Kennedy introduced to the Senate, Jennifer Bess, Tim McGue, John Crane and members of Cub Scout Pack Troop #319, Den 8, Christ Community Lutheran School, St. Louis; and Alex Bess, Ethan McGue, John Hook and Ian Crane were made honorary pages.

       Senator Cauthorn introduced to the Senate, twenty-four fourth grade students from Clarence Accelerated School.

       Senator Griesheimer introduced to the Senate, John Burt Lippert, Michael Weiss, Curt Beers and members of the Washington Cub Scout Pack Troop #508; Jordan Lippert and members of the Washington Girl Scout Pack Troop #704; and Lizzie Bene and members of the Washington Brownie Troop #407.

       Senator Gibbons introduced to the Senate, Dr. Charles Fuszner, Phyllis Jackson and fourth grade students from North Glendale Elementary School; and Joshua Carter Zygmunt, Marlayna Janee Jackson, Mark Steven Williams and Katherine Quernheim Fuszner were made honorary pages.

 


       Senator Gibbons introduced to the Senate, members of Cub Scout Troop #301, Webster Groves; and Tom and Jeff Schulte, Joe Grotha and Gary Yearout were made honorary pages.

       On behalf of Senator Champion and himself, Senator Kennedy introduced to the Senate, Bill, Rosemary, Will and Nicole Cologna, Greene County.

       Senator Gibbons introduced to the Senate, fifty fourth grade students from St. Peter School, Kirkwood; and Maggie McWay, Allison Herrmann, Ben Modde and Danny Weyerich were made honorary pages.

       On motion of Senator Shields, the Senate adjourned until 3:00 p.m., Monday, April 11, 2005.

SENATE CALENDAR

______

 

FIFTIETH DAY–MONDAY, APRIL 11, 2005

______

 

FORMAL CALENDAR

 

HOUSE BILLS ON SECOND READING

 

HB 738-Behnen

HCS for HJR 16

HCS for HB 394

HCS for HB 388


HCS for HB 64

HB 700-Moore, et al

HCS for HBs 518, 288, 418 & 635

 


THIRD READING OF SENATE BILLS

 

SCS for SBs 75 & 353-Champion and

   Wheeler (In Fiscal Oversight)

 

SENATE BILLS FOR PERFECTION

 

  1. SB 284-Cauthorn and Clemens, with SCS

  2. SB 272-Gross, with SCS

  3. SB 434-Cauthorn

  4. SB 55-Klindt, with SCS

  5. SB 236-Klindt and Clemens

  6. SB 93-Cauthorn, with SCS

  7. SB 240-Scott

  8. SB 241-Scott

  9. SB 339-Gross, with SCS

10. SB 220-Dolan

11. SB 470-Engler


12. SBs 365 & 204-Mayer, et al, with SCS

13. SB 376-Loudon

14. SB 64-Kennedy, with SCS

15. SB 90-Dougherty, with SCS

 


16. SB 214-Scott, et al, with SCS

17. SB 321-Shields

18. SB 253-Koster, with SCS

19. SBs 37, 322, 78, 351 & 424-Nodler,

      with SCS

20. SB 194-Engler

21. SB 254-Engler

22. SB 373-Bartle

23. SB 287-Shields, with SCS

24. SB 481-Shields, with SCS

25. SB 500-Gibbons, et al, with SCS

26. SB 199-Gross

27. SB 402-Gibbons, et al

 


 


HOUSE BILLS ON THIRD READING

 

HCS for HB 365

 

INFORMAL CALENDAR

 

SENATE BILLS FOR PERFECTION

 

SB 2-Loudon and Gross, with SCS

SB 5-Klindt, with SCS

SB 12-Cauthorn and Klindt

SB 29-Dolan, with SCS & SA 1 (pending)

SB 50-Taylor and Nodler, with SCS & SS

   for SCS (pending)

SBs 74 & 49-Champion, with SCS

SB 152-Wilson, with SCS

 


SB 160-Bartle, et al, with SS (pending)

SB 185-Loudon, et al, with SA 1 (pending)

SB 291-Mayer, et al, with SCS & SS for

   SCS (pending)

SB 316-Dolan, with SCS (pending)

SB 324-Scott, with SCS

SB 348-Clemens

SB 362-Stouffer

 


RESOLUTIONS

 

To be Referred

 

HCR 11-Sander, et al