Journal of the Senate

SECOND REGULAR SESSION


SEVENTEENTH DAY--WEDNESDAY, JANUARY 31, 1996


     The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, the Bible teaches us to abstain from the appearance of evil. We find very often that what people perceive and what really is aren't the same. Help us to live in such a way that who we are and what we stand for is what we really want people to believe about us. 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
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Absent with leave--Senator Scott--1
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Moseley offered Senate Resolution No. 783, regarding First Floor, Inc., Columbia, which was adopted.

     On behalf of Senator Scott, Senator Banks offered Senate Resolution No. 784, regarding Sappington Farmers Market, St. Louis, which was adopted.

     Senator Staples offered Senate Resolution No. 785, regarding Dr. C. W. Chastain, which was adopted.

INTRODUCTION OF BILLS

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 867--By Johnson.

     An Act to repeal sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190, 266.200, 266.205, 266.210, and 266.220, RSMo 1994, and section 266.195, RSMo Supp. 1995, relating to the commercial feed law, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and an effective date.

     SB 868--By Schneider.

     An Act to repeal section 287.210, RSMo 1994, relating to workers' compensation, and to enact one new section relating to the same subject.

     SB 869--By Schneider, Ehlmann, Howard, Wiggins, Klarich, Maxwell and Flotron.

     An Act to repeal sections 14.040, 56.310, 56.765, 57.280, 57.290, 57.300, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 210.160, 210.842, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.420, 473.618, 474.510, 476.053, 479.260, 479.261, 482.345, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.040, 485.055, 485.060, 485.075, 485.100, 485.120, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 506.140, 506.320, 508.200, 508.210, 508.220, 508.230, 511.510, 514.010, 514.020, 514.290, 514.300, 514.303, 514.320, 514.330, 514.335, 514.440, 514.450, 514.460, 514.470, 514.475, 514.480, 514.490, 517.151, 550.260, 550.300, 561.035, 590.140 and 595.045, RSMo 1994, and sections 302.137, 478.401 and 487.170, RSMo Supp. 1995, relating to the assessment, collection, disbursement and expenditure of moneys in judicial proceedings, and to enact in lieu thereof seventy new sections relating to the same subject, with penalty provisions.

     SB 870--By Staples and Goode.

     An Act to authorize the department of highways and transportation to convey certain lands of the department of highways and transportation in Shannon County, Missouri.

     President Wilson assumed the Chair.

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Lybyer moved that the vote by which SB 629 failed on 3rd reading and final passage be reconsidered, which motion prevailed by the following vote:

Yeas--Senators
BanksBentleyCaskeyDePasco
EhlmannGoodeGravesHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyQuickRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--27
Nays--Senators
ClayFlotronHouseMueller
Rohrbach--5
Absent--Senator Curls--1
Absent with leave--Senator Scott--1
     Senator Schneider was recognized.

     Senator Caskey raised the point of order that Senator Schneider could not debate the issue, stating that once a vote for reconsideration has carried the issue must be disposed of without debate.

     The point of order was referred to the President Pro Tem.

     Senator Schneider was recognized to speak on the point of order.

     Senator Caskey raised a further point of order that the remarks made by Senator Schneider were out of order in that they were not directed to the pending point of order.

     The point of order was referred to the President Pro Tem.

     The President Pro Tem ruled Senator Caskey's point of order regarding Senator Schneider's remarks well taken.

     The President Pro Tem ruled Senator Caskey's point of order regarding disposition of the issue without debate well taken.

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Kenney moved that the vote by which SB 629 was perfected be reconsidered.

     Senator Caskey offered a substitute motion that SB 629 be placed upon its third reading and finally passage.

     Senator Schneider raised the point of order that the substitute motion is out of order in that it is a negative motion.

     The President Pro Tem ruled the point of order well taken.

     The motion made by Senator Kenney for reconsideration of the vote by which SB 629 was perfected failed to receive the necessary majority by the following vote:

Yeas--Senators
BentleyClayEhlmannFlotron
GoodeGravesHouseHoward
KenneyKinderKlarichLybyer
MuellerRohrbachSchneiderSims
Staples--17
Nays--Senators
BanksCaskeyDePascoJohnson
MathewsonMaxwellMcKennaMelton
MoseleyQuickRussellSingleton
TrepplerWestfallWiggins--15
Absent--Senator Curls--1
Absent with leave--Senator Scott--1
     On motion of Senator Caskey, SB 629 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyDePasco
GoodeGravesJohnsonKenney
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyQuickRussell
SingletonStaplesTrepplerWestfall
Wiggins--21
Nays--Senators
ClayEhlmannFlotronHouse
HowardKinderKlarichMueller
RohrbachSchneiderSims--11
Absent--Senator Curls--1
Absent with leave--Senator Scott--1
     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 Banks moved that motion lay on the table, which motion prevailed.

SECOND READING OF SENATE BILLS

The following Bills were read the 2nd time and referred to the Committees indicated:

     SB 739--Transportation.

     SB 819--Transportation.

     SB 820--Agriculture and Local Government.

     SB 821--Corrections and General Laws.

     SB 822--Elections, Pensions and Veterans' Affairs.

     SB 823--Ways and Means.

     SB 824--Insurance and Housing.

     SB 825--Education.

     SB 826--Agriculture and Local Government.

     SB 827--Public Health and Welfare.

     SB 828--Commerce and Environment.

     SB 829--Labor and Industrial Relations.

     SB 830--Civil and Criminal Jurisprudence.

     SB 832--Corrections and General Laws.

     SB 833--Commerce and Environment.

     SB 834--Conservation, Parks and Tourism.

     SB 835--Judiciary.

     SB 836--Financial and Governmental Operations.

     SB 837--Rules, Joint Rules and Resolutions.

     SB 838--Judiciary.

     SB 839--Ways and Means.

     SB 840--Agriculture and Local Government.

     SB 841--Aging, Families and Mental Health.

     SB 842--Civil and Criminal Jurisprudence.

     SB 843--Ways and Means.

     SB 844--Labor and Industrial Relations.

     SB 846--Conservation, Parks and Tourism.

     SB 847--Ways and Means.

     SB 848--Civil and Criminal Jurisprudence.

     SB 849--Corrections and General Laws.

     SB 850--Civil and Criminal Jurisprudence.

     SB 851--Insurance and Housing.

     SB 853--Corrections and General Laws.

     SB 854--Interstate Cooperation.

INTRODUCTION OF BILLS

     The following Bills and Joint Resolution were read the 1st time and 1,000 copies ordered printed:

     SB 871--By Flotron.

     An Act to repeal section 303.025, RSMo 1994, relating to motor vehicle liability insurance, and to enact one new section in lieu thereof relating to the same subject.

     SB 872--By Bentley and Sims.

     An Act to amend chapter 290, RSMo, relating to employment, by adding thereto one new section relating to the same subject.

     SB 873--By Ehlmann and Flotron.

     An Act relating to discrimination.

     SB 874--By Moseley.

     An Act to repeal section 320.094, RSMo Supp. 1995, relating to the Missouri fire education trust fund, and to enact in lieu thereof one new section relating to the same subject.

     SB 875--By Moseley.

     An Act to repeal section 319.131, RSMo Supp. 1995, relating to cleanup of releases from underground storage tanks, and to enact in lieu thereof one new section relating to the same subject.

     SJR 35--By Flotron and Westfall.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 18 of article X of the Constitution of Missouri relating to refunds of excess revenue collections, and adopting one new section in lieu thereof relating to the same subject.

THIRD READING OF SENATE BILLS

     SS for SB 521 was placed on the Informal Calendar.

     SS for SB 687, introduced by Senator Goode, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 687

     An Act to repeal sections 162.855, 162.860, 162.865, 162.870 and 162.910, RSMo 1994, relating to special school districts, and to enact eleven new sections relating to the same subject, with an emergency clause.

     Was taken up.

     On motion of Senator Goode, SS for SB 687 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHowardJohnsonKenney
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRohrbachRussellSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators
HouseKinderSchneider--3
Absent--Senator Curls--1
Absent with leave--Senator Scott--1
     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHowardJohnsonKenney
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRohrbachRussellSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators
HouseKinderSchneider--3
Absent--Senator Curls--1
Absent with leave--Senator Scott--1
     On motion of Senator Goode, title to the bill was agreed to.

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

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

     SS for SB 521, introduced by Senators Johnson and Graves, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 521

     An Act to repeal sections 274.030, 274.220 and 274.230, RSMo 1994, relating to cooperatives, and to enact four new sections relating to the same subject.

     Was called from the Informal Calendar and taken up by Senator Johnson.

     On motion of Senator Johnson, SS for SB 521 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senator Scott--1
     The President declared the bill passed.

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

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

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

     SCS for SB 540, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 540

     An Act to repeal sections 31.040, 192.010, 199.010, 199.020, 199.025, 199.037, 199.210, 199.230, 199.240, 199.250, and 199.260, RSMo 1994, and sections 31.010 and 199.029, RSMo Supp. 1995, relating to the Missouri rehabilitation center, and to enact in lieu thereof twenty new sections relating to the same subject, with a contingent termination date for certain sections and an emergency clause.

     Was taken up by Senator Westfall.

     On motion of Senator Westfall, SCS for SB 540 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senator Rohrbach--1
Absent--Senator Quick--1
Absent with leave--Senator Scott--1
     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senator Rohrbach--1
Absent--Senator Quick--1
Absent with leave--Senator Scott--1
     On motion of Senator Westfall, title to the bill was agreed to.

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

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

REPORTS OF STANDING COMMITTEES

     Senator Moseley, Chairman of the Committee on Education, submitted the following report:

     Mr. President: Your Committee on Education, to which was referred SB 857, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTIONS OF GUESTS

     Senator Caskey introduced to the Senate, Mitch Hanna, Pleasant Hill; and Lynda Kyser, Harrisonville.

     Senator Westfall introduced to the Senate, Bob George, Aurora.

     Senator Johnson introduced to the Senate, Dr. Janet Murphy, Steve Huff and Karen Baker, St. Joseph.

     Senator Lybyer introduced to the Senate, Mike and Sandra Manier, Houston.

     Senator House introduced to the Senate, Corwin Ruge, Wright City.

     Senator Russell introduced to the Senate, David Day, Pulaski County.

     Senator Caskey introduced to the Senate, Carla Turner, Osceola.

     Senator Rohrbach introduced to the Senate, Melodie Friedbach and Diane Tackett, Jefferson City; and Neva Thurston, Brazito.

     Senator Bentley introduced to the Senate, Dr. Bob Coscia, Springfield.

     Senator Clay introduced to the Senate, Ruby Harriman, Alice Windom and Valerie Walker, St. Louis.

     Senator Mueller introduced to the Senate, the Physician of the Day, Dr. Dale Terrell, Webster Groves.

     Senator Moseley introduced to the Senate, T.C. and David Lademann, Columbia.

     On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Thursday, February 1, 1996