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Unofficial Journal Copy Journal of the Senate SECOND REGULAR SESSION TWENTY-EIGHTH DAY—WEDNESDAY, FEBRUARY 25, 2004 The Senate met pursuant to adjournment. Present—Senators Bartle Bland Bray Callahan Senator Shields in the Chair. Caskey Cauthorn Champion Childers Reverend Carl Gauck offered the following Clemens Coleman Days Dolan prayer: Dougherty Foster Gibbons Goode Griesheimer Gross Jacob Kennedy “Rend your hearts and notUnofficial your clothing. Return to the Lord Kinder Klindt Loudon Mathewson Your God, for God is gracious and merciful. Slow to anger and Nodler Quick Russell Scott abounding in steadfast love, and relents from punishing.” (Joel Shields Steelman Stoll Vogel 2:13) Wheeler Yeckel—34 Gracious God, today many observe Ash Wednesday and are Absent with leave—Senators—None called to look at their lives in critical ways. May that be true with us RESOLUTIONS as we pray to You this day, aware of our shortcomings and need of Your mercy. Keep us close O Lord and provide us hope and Senator Days offered Senate Resolution No. Journal1394, regarding Carmen Sandra Morris guidance as we walk through this dark day of ashes. In Your Holy Name we pray. Amen. McClendon, Mayor of the Village of Uplands Park, which was adopted. The Pledge of Allegiance to the Flag was recited. Senator Caskey offered Senate Resolution No. 1395, regarding Mark Dandurand, Warrensburg, A quorum being established, the Senate which was adopted. proceeded with its business. Senator Caskey offered Senate Resolution No. The Journal of the previous dayCopy was read and 1396, regarding Garrett Wayne Depue, approved. Warrensburg, which was adopted. Photographers from the Associated Press and INTRODUCTION OF BILLS KMIZ-TV were given permission to take pictures The following Bills were read the 1st time and in the Senate Chamber today. ordered printed: The following Senators were present during SB 1294–By Kennedy. the day’s proceedings: An Act to repeal section 630.130, RSMo, and 373 374 Journal of the Senate to enact in lieu thereof one new section relating to to convey property in Springfield, with an electroconvulsive therapy. emergency clause. SB 1295–By Klindt. SENATE BILLS FOR PERFECTION An Act to repeal sections 172.035, 174.020, 174.332, 174.750, 174.753, 174.755, 174.757, and At the request of Senator Bartle, SB 1138 was 176.010, RSMo, and to enact in lieu thereof twelve placed on the Informal Calendar. new sections relating to the incorporation of Senator Bartle moved that SB 870 be taken up Northwest Missouri State University into the for perfection, which motion prevailed. University of Missouri system, with a contingent effective date. Senator Gross assumed the Chair. SB 1296–By Callahan. Senator Days offered SA 1, which was read: An Act to authorize the sale of certain state SENATE AMENDMENT NO. 1 property. Amend Senate Bill No. 870, Page 1, Section SB 1297–By Callahan. 226.531, Line 15, by deleting the words “an adult” and insert in lieu thereof the following: “a” and An Act to amend chapter 164, RSMo, by further amend said bill, page, and section, line 16, adding thereto one new section relating to the by deleting the words “cabaret or sexually- creation of a subdistrict for taxing purposes in the oriented”. Kansas City school district. UnofficialSenator Days moved that the above SB 1298–By Loudon and Gibbons. amendment be adopted. An Act to repeal sections 137.100, 144.030, Senator Jacob offered SA 1 to SA 1, which and 144.615, RSMo, and to enact in lieu thereof was read: three new sections relating to tax exemptions, with an emergency clause. SENATE AMENDMENT NO. 1 TO SENATE AMENDMENT NO. 1 SB 1299–By Loudon. Amend Senate Amendment No. 1 to Senate An Act to repeal section Journal379.825, RSMo, and Bill No. 870, Page 1, by adding the following at the to enact in lieu thereof one new section relating to end of said amendment: residential property insurance. “Amend Senate Bill No. 870, Page 2, Section SB 1300–By Loudon. 226.531, Line 30, by inserting immediately An Act to repeal sections 208.010 and thereafter the following: 208.215, RSMo, and to enact in lieu thereof three “5. No corporation operating a business new sections relating to recovery of medical described in this section shall have or enjoy the assistance. Copyrights enjoyed or exercised by a natural SB 1301–By Bray. person.”. An Act to amend chapter 383, RSMo, by Senator Jacob moved that the above adding thereto one new section relating to medical amendment be adopted. malpractice insurance. At the request of Senator Jacob, SA 1 to SA 1 SB 1302–By Champion. was withdrawn. An Act relating to authorizing the board of Senator Jacob offered SSA 1 for SA 1, which governors of Southwest Missouri State University was read: Twenty-Eighth Day—Wednesday, February 25, 2004 375 SENATE SUBSTITUTE AMENDMENT NO. 1 erected adjacent to interstate and federal-aid FOR SENATE AMENDMENT NO. 1 highways, and all highways designated as part of the national highway system; except that, the Amend Senate Bill No. 870, Page 2, Section outdoor advertising described in subdivisions 226.531, Line 30, by inserting immediately after (1) and (2) of section 226.520 and in sections the end of said line the following: 226.525, 226.535 and 226.545 may be erected “5. It is the public policy of this state to after the effective date of this section. All mitigate the adverse secondary effects of outdoor advertising existing on August 28, 2004, sexually oriented businesses to improve traffic except as authorized in the preceding sentence, safety, to limit harm to minors, and to reduce are nonconforming signs and uses under all prostitution, crime, juvenile delinquency, applicable statutes and ordinances, except as deterioration in property values, and lethargy in this power may be limited by the free speech neighborhood improvement efforts.”. and just compensation clauses of the Senator Jacob moved that the above substitute constitution of the United States and the state of amendment be adopted. Missouri and applicable federal law. The provisions of this section shall not create any At the request of Senator Jacob, SSA 1 for new obligation for the expenditure of state SA 1 was withdrawn. funds.”; and Senator Bartle offered SSA 2 for SA 1, which Further amend the title and enacting clause was read: accordingly. SENATE SUBSTITUTEUnofficial AMENDMENT NO. 2 Senator Days moved that the above FOR SENATE AMENDMENT NO. 1 amendment be adopted, which motion failed. Amend Senate Bill No. 870, Page 2, Section Senator Jacob offered SA 3, which was read: 226.531, Line 30, by inserting immediately after the end of said line the following: SENATE AMENDMENT NO. 3 “5. This section is designed to protect the Amend Senate Bill No. 870, Page 1, Section following public policy interests of this state: to 226.531, Line 4, by inserting immediately after the mitigate the adverse secondaryJournal effects of end of said line the following: sexually oriented businesses, to improve traffic “(2) “Nudity”, the showing of either: safety, to limit harm to minors, and to reduce (a) The human male or female genitals or prostitution, crime, juvenile delinquency, public area with less than a fully opaque covering; deterioration in property values, and lethargy in or neighborhood improvement efforts.”. (b) The female breast with less than a fully Senator Bartle moved that the above substitute opaque covering on any part of the nipple;”; and amendment be adopted, which motion prevailed. Copy Further amending all subsequent subdivision Senator Days offered SA 2, which was read: identifiers accordingly. SENATE AMENDMENT NO. 2 Senator Jacob moved that the above Amend Senate Bill No. 870, Page 2, Section amendment be adopted. 226.531, Line 30, by inserting immediately after At the request of Senator Jacob, SA 3 was the end of said line the following: withdrawn. “226.532. Notwithstanding any other provision of law to the contrary, after August Senator Jacob offered SA 4, which was read: 28, 2004, no new outdoor advertising shall be 376 Journal of the Senate SENATE AMENDMENT NO. 4 signed by the President Pro Tem. Amend Senate Bill No. 870, Page 1, Section RE-REFERRALS 226.531, Line 14, by inserting immediately after the word “minors” the following: President Pro Tem Kinder re-referred SB 1260 to the Committee on Transportation. “; Senator Gross assumed the Chair. (4) “State of nudity”, any bare exposure of the skin located on a person’s body below the INTRODUCTION OF BILLS armpits and above the knees.”. The following Bills were read the 1st time and Senator Jacob moved that the above ordered printed: amendment be adopted, which motion prevailed. SB 1303–By Steelman. On motion of Senator Bartle, SB 870, as amended, was declared perfected and ordered An Act to amend chapter 84, RSMo, by printed. adding thereto one new section relating to police residency. REPORTS OF STANDING COMMITTEES SB 1304–By Griesheimer and Gibbons. Senator Gibbons, Chairman of the Committee An Act to repeal section 99.847, RSMo, and on Rules, Joint Rules, Resolutions and Ethics, to enact in lieu thereof one new section relating to submitted the following reports: reimbursement from the special allocation fund for Mr. President: YourUnofficial Committee on Rules, emergency services. Joint Rules, Resolutions and Ethics, to which was SB 1305–By Champion, Nodler, Scott, referred SCS for SB 1003, begs leave to report that Childers, Clemens, Steelman, Russell, Goode, it has examined the same and finds that the bill has Shields and Foster. been duly enrolled and that the printed copies furnished the Senators are correct. An Act to authorize, pursuant to Section 21.527, RSMo, the commencement of certain Also, projects to be funded from bond proceeds subject Mr.
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