Journal of the Senate

SECOND REGULAR SESSION

THIRTY-SIXTH DAY--TUESDAY, MARCH 7, 2000

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

I Corinthians 16:9: "A wide door for effective work has opened to me, and there are many adversaries."

Almighty God, we have so many opportunities to do good work with our lives and with that work are the challenges from those who would try to discourage us from what we believe is right for the people we serve. Give us the heart O Lord, to tell our story, to convince those who would hinder us from the importance of what we are trying to do with tact and grace. And open more and more doors for us and the courage to enter them. 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:

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 1317, regarding Jolene Howell, Sikeston, which was adopted.

Senator Graves offered Senate Resolution No. 1318, regarding the Central Live-News 20 Program, which was adopted.

Senator DePasco offered Senate Resolution No. 1319, regarding the Integrating Architecture in Art and Across the Curriculum Program, which was adopted.

Senator DePasco offered Senate Resolution No. 1320, regarding the Skills and Strategies for Success Program, which was adopted.

REPORTS OF STANDING COMMITTEES

Senator Clay, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 703, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 530, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 995, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

Senator Scott moved that SB 827 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

President Wilson assumed the Chair.

Senator Johnson assumed the Chair.

Senator Klarich offered SS for SB 827, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 827

An Act to repeal section 92.045, RSMo 1994, relating to certain charter cities, and to enact in lieu thereof fourteen new sections relating to the same subject, with an emergency clause and a contingent effective date for certain sections.

Senator Klarich moved that SS for SB 827 be adopted.

Senator Mathewson assumed the Chair.

Senator Johnson assumed the Chair.

Senator Ehlmann offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 827, Page 3, Section 66.756.2, Lines 15-16, by deleting the word "any" and inserting the word "a"; and by further inserting after the word "election" the following: "at least one year after the defeat of the ballot proposal".

Senator Ehlmann moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Kenney, Klarich and Mueller.

SA 1 was adopted by the following vote:

Senator Klarich offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 827, Page 9, Section 305.518, Line 23, by inserting after "305.518." the following: "1."; and renumber remaining subsections accordingly.

Senator Klarich moved that the above amendment be adopted.

At the request of Senator Scott, SB 827, with SS and SA 2 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Wiggins, 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 754, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 830, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

Senator Wiggins offered Senate Resolution No. 1321, regarding the death of Mary Louise "Big" (Eldringhoff) Aston, Kansas City, which was adopted.

Senators Wiggins and DePasco, joined by the entire membership of the Senate, offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1322

WHEREAS, it is always a sad and sorrowful occasion when the members of the Missouri Senate pause to honor the memory of an individual who had brought a tremendous degree of joy into the lives of those who cherished him so very dearly; and

WHEREAS, Donald Harbaugh of Independence, Missouri, departed this life on March 2, 2000, leaving his loved ones with a treasure of priceless memories that will ease the burden of their loss and continue to sustain them with comforting thoughts well beyond this initial period of bereavement; and

WHEREAS, born on December 19, 1949, in Kansas City, Missouri, Donald Harbaugh was a wonderful son who made life very special and very meaningful for his devoted parents, Del and Verlee Harbaugh of Independence; and

WHEREAS, since the age of ten when he moved with his parents to Omaha, Nebraska, Donald Harbaugh had seen various parts of the country as he later made his home in Glen Ellyn, Illinois, where he attended junior college; Philadelphia, Pennsylvania; and Lander, Wyoming; and

WHEREAS, Donald Harbaugh returned to his native Kansas City in 1983 and spent the past seventeen years employed by the Little Blue Valley Sewer District as engineer technician, in which capacity he had enjoyed a considerable degree of success; and

WHEREAS, although there are no words adequate to express sympathy to the dear ones he has left behind, this legislative body hopes that his parents, Del and Verlee Harbaugh; his uncle, Lee Roy Anderson; and his numerous cousins will find the strength to persevere through the depth of their faith and the enormity of the love that unites them as a precious family:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, pause in a moment of silence to pay final tribute to Donald Harbaugh, beloved cousin of the Honorable Ronnie DePasco, and to let his family know that our thoughts and our prayers are with them as they strive to cope with the sorrow and grief that have so profoundly impacted their lives; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the family of the late Donald Harbaugh.

On motion of Senator DePasco, the Senate recessed until 3:00 p.m.

RECESS

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

THIRD READING OF SENATE BILLS

SB 709, with SCA 1, introduced by Senator DePasco, entitled:

An Act to amend chapter 8, RSMo, by adding thereto one new section relating to a permanent memorial for workers killed or injured on the job.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator DePasco, SB 709, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Senator Stoll moved that SB 910 be called from the Consent Calendar and again taken up for third reading and final passage, which motion prevailed.

On motion of Senator Stoll, SB 910 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Senator Johnson assumed the Chair.

SENATE BILLS FOR PERFECTION

President Pro Tem Quick ruled the pending point of order on SSA 1 for SA 2 to SA 1 to SB 858 not well taken.

SSA 1 for SA 2 to SA 1 was again taken up.

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

SA 2 to SA 1 was again taken up.

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

SA 1 was again taken up.

Senator Mathewson requested unanimous consent of the Senate to change the words "five thousand" to "twenty-five hundred", which request was granted.

Senator Mathewson moved that SA 1 be adopted, which motion prevailed.

On motion of Senator Maxwell, SB 858, as amended, was declared perfected and ordered printed.

Senator Steelman moved that SB 597, with SCS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 2 was again taken up.

At the request of Senator Steelman, SB 597, with SCS and SA 2 (pending), was placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

SS for SB 576, introduced by Senator Maxwell, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 576

An Act to amend chapters 33 and 570, RSMo, relating to stealing and related offenses by adding thereto seventeen new sections relating to financial exploitation of the elderly or disabled, with penalty provisions.

Was taken up.

On motion of Senator Maxwell, SS for SB 576 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 618, introduced by Senator Rohrbach, entitled:

An Act to repeal section 217.015, RSMo Supp. 1999, relating to the department of corrections, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

On motion of Senator Rohrbach, SB 618 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 642, introduced by Senators Schneider and Wiggins, entitled:

An Act to repeal section 476.690, RSMo Supp. 1999, relating to judicial retirement, and to enact in lieu thereof one new section relating to the same subject.

Was taken up by Senator Schneider.

On motion of Senator Schneider, SB 642 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SS No. 2 for SCS for SBs 757 and 602, introduced by Senators Maxwell and Bland, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 757 and 602

An Act to repeal sections 210.145, 210.152, 210.192, 210.195, 491.074, 566.025, 566.067, 566.068, 573.010, 573.020, 573.025, 573.035, 573.037 and 660.520, RSMo 1994, and sections 210.109, 210.115, 210.150 and 559.115, RSMo Supp. 1999, and to enact in lieu thereof twenty-one new sections relating to the protection of children, with penalty provisions.

Was taken up by Senator Maxwell.

On motion of Senator Maxwell, SS No. 2 for SCS for SBs 757 and 602 was read the 3rd time and passed by the following vote:

Senator Mathewson assumed the Chair.

The President declared the bill passed.

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

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

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

SB 741, introduced by Senator Maxwell, entitled:

An Act to repeal section 247.031, RSMo, and sections 644.566, 644.568 and 644.570 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house bill no. 450 of the first regular session of the ninetieth general assembly, and sections 644.566, 644.568 and 644.570 as enacted by house committee substitute for senate substitute for senate committee substitute for senate bills nos. 160 and 82 of the first regular session of the ninetieth general assembly, relating to issuance of bonds for water pollution and storm water control, and to enact in lieu thereof seven new sections relating to the same subject.

Was taken up.

On motion of Senator Maxwell, SB 741 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SCS for SB 721, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 721

An Act to repeal sections 209.251, 209.253, 209.255, 209.258 and 209.259, RSMo Supp. 1999, relating to telecommunications for persons with disabilities, and to enact in lieu thereof five new sections relating to the same subject.

Was taken up by Senator Caskey.

On motion of Senator Caskey, SCS for SB 721 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SCS for SB 558, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 558

An Act to repeal section 278.130, RSMo 1994, and section 278.080, RSMo Supp. 1999, as enacted by senate bill no. 3 of the first regular session of the eighty-eighth general assembly, and section 278.080, RSMo Supp. 1999, as enacted by senate bill no. 65 of the first regular session of the eighty-eighth general assembly, relating to the state soil and water districts commission, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

Was taken up by Senator Howard.

On motion of Senator Howard, SCS for SB 558 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on Pensions and General Laws, submitted the following reports:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 1015, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 1013, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

On behalf of Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, Senator Quick submitted the following reports:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 1036, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 1018, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 1037, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

Senator Quick offered Senate Resolution No. 1323, regarding Miles Matthew Appling, Kansas City, which was adopted.

On behalf of Senator Flotron, Senator DePasco offered Senate Resolution No. 1324, regarding Rebecca Sheffield, Pattonville, which was adopted.

Senator Caskey offered Senate Resolution No. 1325, regarding Clifford A. "Cliff" Borgstadt, Pleasant Hill, which was adopted.

Senator Kenney offered Senate Resolution No. 1326, regarding Ardell Bergmann, Sedalia, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Westfall introduced to the Senate, Vinita Hall and Mary Thomas, Monett.

Senator Caskey introduced to the Senate, Susan Bentele, Sandi Tunis and seventy volunteers and staff members of the March of Dimes.

Senator Wiggins introduced to the Senate, Annette Waugh, Mary Jones and Joan Vaughn Nelle, Kansas City.

Senator DePasco introduced to the Senate, Amy Reimal, Kathleen Cannady and Leslie Kincaid, Independence.

Senator Caskey introduced to the Senate, Chris Keesler, Belton.

Senator Russell introduced to the Senate, Valerie Moats, Waynesville; and Wanita Humphrey, Iberia.

Senator Stoll introduced to the Senate, Andy Bingham, Tom Nesselhauf and students from Festus Senior High School, Festus.

On behalf of Senator Johnson, the President introduced to the Senate, his son, Beery Johnson, Mrs. LaFave, Mrs. Griener and fifty seventh grade students from Truman Middle School, St. Joseph.

Senator Yeckel introduced to the Senate, Paul Foraker and fifteen ninth and tenth grade students from Victory Christian School, St. Louis County; and Luke Henrich, Stephen Ballance, Sarah Jackson and Katie Gross were made honorary pages.

Senator Howard introduced to the Senate, members of the Three Rivers Community College Student Government, Poplar Bluff.

On behalf of Senator Flotron, Senator Mueller introduced to the Senate, thirty-eight fourth grade students from Twin Oaks Christian School, St. Louis.

On behalf of Senator Mathewson, the President introduced to the Senate, a group from State Fair Community College, Sedalia.

Senator Stoll introduced to the Senate, eight members of the Jefferson College Student Senate, Jefferson County.

On behalf of Senator Johnson, the President introduced to the Senate, Mr. Schiesl, Mrs. Lance, Mr. Loving and fifty students from Truman Middle School, St. Joseph.

Senator Rohrbach introduced to the Senate, the

Physician of the Day, Dr. David Rispler, Jefferson City.

Senator Johnson introduced to the Senate, Cindy, Bob, Chris, Katie and Kimberly Kennaley, Home Schoolers from Kansas City.

Senator Westfall introduced to the Senate, Kenneth and Keaton Ashlock, Bolivar; and Keaton was made an honorary page.

Senator Caskey introduced to the Senate, his wife, Kay, Mrs. Jill Smith, Mr. Wade, thirty-five fourth grade students and twenty sponsors from Cass County Elementary School, Archie; and Kelsey Thomas, Callie Mawson, Cody Powell and Jennifer Smart were made honorary pages.

Senator Ehlmann introduced to the Senate, W. Dale Finke, St. Louis.

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