Journal of the Senate

SECOND REGULAR SESSION


NINETEENTH DAY--MONDAY, FEBRUARY 5, 1996


     The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Paul wrote to the Colossians, "Let your speech be always with grace, seasoned with salt." We pray for the ability to speak things clearly and to the point and yet so as not to offend. Give us words to say what we mean and also what we feel. Amen.

     The Pledge of Allegiance to the Flag was recited.

     A quorum being established, the Senate proceeded with its business.

     The Journal for Thursday, February 1, 1996, was read and approved.

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

Present--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesTrepplerWestfallWiggins--32
Absent with leave--Senators
ClayScott--2
The Lieutenant Governor was present.

REPORTS OF STANDING COMMITTEES

     Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SCS for SB 857, SCS for SB 735 and SB 575, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

     Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 710, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     On behalf of Senator Clay, Chairman of the Committee on Labor and Industrial Relations, Senator Banks submitted the following reports:

     Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 565, 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 Labor and Industrial Relations, to which was referred SB 582, 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 Labor and Industrial Relations, to which was referred SB 730, 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 Labor and Industrial Relations, to which was referred SB 733, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 733, Page 1, Section 287.061, Lines 3-5 by striking the word "if" from line 3 and by striking all of lines 4 and 5 and inserting in lieu thereof the following: "or an affidavit, the form of which shall be provided by the division of workers' compensation, signed by the applicant attesting that they are exempt.".

INTRODUCTION OF BILLS

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

     SB 885--By Ehlmann.

     An Act to repeal section 542.276, RSMo 1994, relating to criminal procedures, and to enact in lieu thereof two new sections relating to the same subject.

     SB 886--By DePasco.

     An Act to amend chapter 362, RSMo, by adding thereto one new section relating to banking.

     SB 887--By DePasco.

     An Act to repeal sections 367.011, 367.021, 367.031, 367.040, 367.043, 367.044, 367.045, 367.047, 367.048, 367.049, and 367.050, RSMo 1994, relating to pawnshops, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions.

     SB 888--By Goode.

     An Act to repeal section 144.025, RSMo 1994, relating to sales taxes, and to enact one new section relating to the same subject.

     SB 889--By Quick.

     An Act to repeal sections 87.005 and 87.006, RSMo 1994, relating to firemen benefits, and to enact two new sections relating to the same subject.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 769, 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 Civil and Criminal Jurisprudence, to which was referred SB 668, 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 Civil and Criminal Jurisprudence, to which was referred SB 721, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

HOUSE BILLS ON THIRD READING

     HB 1047, with SCAs 1, 2, 3, 4 and 5, introduced by Representatives Thomason (163) and Prost, entitled:

     An Act to repeal sections 301.150, 302.301, 304.011, 304.015, 304.016, 304.017, 304.019, 304.023, 304.024, 304.026, 304.044, 304.075, 304.140, 304.160, 304.220, 304.250, 304.271, 304.281, 304.301, 304.341, 304.351, 304.580, 307.010, 307.040, 307.045, 307.055, 307.060, 307.065, 307.070, 307.075, 307.080, 307.085, 307.090, 307.095, 307.100, 307.105, 307.110, 307.115, 307.122, 307.125, 307.127, 307.155, 307.170, 307.171, 307.195, 307.350, 307.366, 307.380, 544.216, 544.665 and 575.150, RSMo 1994, and sections 302.020, 304.009, 304.010 and 304.022, RSMo Supp. 1995, relating to penalties for violation of motor vehicle laws, and to enact in lieu thereof fifty-five new sections relating to the same subject, with penalty provisions and with an emergency clause for certain sections.

     Was taken up by Senator Staples.

     SCA 1 was taken up.

     Senator Wiggins assumed the Chair.

     Senator Staples moved that SCA 1 be adopted.

     Senator Quick assumed the Chair.

     President Wilson resumed the Chair.

     Senator Caskey offered SSA 1 for SCA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 1047, Page 2, Section 304.010, Lines 25-32, by deleting Section 304.010.3.

     Senator Caskey moved that the above substitute amendment be adopted, which motion prevailed on a standing division vote.

     Senator Johnson assumed the Chair.

     President Pro Tem Mathewson assumed the Chair.

     SCA 2 was taken up.

     Senator Staples moved that the above amendment be adopted.

     Senator Flotron offered SSA 1 for SCA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE COMMITTEE AMENDMENT NO. 2

     Amend House Bill No. 1047, Page 2, Section 304.010, Lines 18 and 19, by striking said lines and insert in lieu thereof the following: "(3) Upon the interstate highways and freeways within the urban areas of this state, seventy miles per hour and upon the expressways sixty miles per hour.".

     Senator Flotron moved that the above substitute amendment be adopted.

     Senator Schneider offered SA 1 to SSA 1 for SCA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Substitute Amendment No. 1 for Senate Committee Amendment No. 2 to House Bill No. 1047, Line 4, by striking the word "seventy" and substitute the word "sixty".

     Senator Schneider moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 1 to SSA 1 for SCA 2 is out of order in that the amendment is in the third degree.

     Senator Quick resumed the Chair.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     President Pro Tem Mathewson resumed the Chair.

     SSA 1 for SCA 2 was again taken up.

     Senator Flotron requested unanimous consent of the Senate to change "seventy" to "sixty" in his substitute amendment, which request was denied.

     Senator Flotron requested leave of the Senate to approach the dais and correct his amendment, which request was granted.

     At the request of Senator Staples, HB 1047, with SCA 2, SSA 1 for SCA 2 (pending), and SCAs 3, 4 and 5, was placed on the Informal Calendar.

MESSAGES FROM THE GOVERNOR

     The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 1, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Doris J. Jones, 2842 Franklin Avenue, St. Louis City, Missouri 63106, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1997, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 1, 1996

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Kathryn N. Vedder, Democrat, 136 N. Newstead, St. Louis City, Missouri 63108, as a member of the Missouri State Milk Board, for a term ending September 28, 1998, and until her successor is duly appointed and qualified; vice, Charles Copley, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     President Pro Tem Mathewson referred the above appointments to the Committee on Gubernatorial Appointments.

MESSAGES FROM THE HOUSE

     The following messages were received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1014, entitled:

     An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 1996.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 671.

     Emergency clause adopted.

     Bill ordered enrolled.

REPORTS OF STANDING COMMITTEES

     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 728, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Education, to which was referred SB 605, 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 Education, to which was referred SB 506, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator Johnson, Chairman of the Committee on Agriculture and Local Government, submitted the following reports:

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 693, 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 Agriculture and Local Government, to which was referred SB 665, 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 Agriculture and Local Government, to which was referred SB 677, 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 Agriculture and Local Government, to which was referred SB 766, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following reports:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 484, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 484, Page 2, Section 206.090, Line 45, by striking the following: "The board of"; and

     Further amend lines 46 through 50, by striking all of said lines.

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 532, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator Caskey, Chairman of the Committee on Ethics, submitted the following report:

     Mr. President: Your Committee on Ethics, to which was referred SB 501, begs leave to report that it has considered the same and recommends that the bill do pass.

RESOLUTIONS

     Senator Quick offered Senate Resolution No. 790, regarding Danny Strickland, Kansas City, which was adopted.

     Senator Melton offered Senate Resolution No. 791, regarding L. Joe Scott, Poplar Bluff, which was adopted.

     Senator Kenney offered Senate Resolution No. 792, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs J.F. (Jim) Martin, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 793, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Howard L. Renick, Jr., Blue Springs, which was adopted.

     Senator Kenney offered Senate Resolution No. 794, regarding Lucy Franklin Elementary School, Blue Springs, which was adopted.

     Senator Maxwell offered Senate Resolution No. 795, regarding Clapper's Steakhouse, Shelbina, which was adopted.

     Senator Caskey offered Senate Resolution No. 796, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Paul Stangel, Rockville, which was adopted.

     Senator Graves offered Senate Resolution No. 797, regarding Chillicothe Lumber Company, Chillicothe, which was adopted.

     Senator Maxwell offered Senate Resolution No. 798, regarding Recycled Rubber Resources, Inc., Macon, which was adopted.

COMMUNICATIONS

     Senator Mathewson submitted the following:

MISSOURI SENATE

Jefferson City

February 2, 1996

Senator Danny Staples

Capitol Building

Jefferson City, MO 65101

Dear Senator Staples:

     It is my privilege to hereby appoint you to the Board of Trustees of the Missouri Humanities Council Trust Fund.

     The Board of Trustees is established in section 186.055, RSMo. The term for senators will be their current senatorial term.

     Your willingness to take on this additional duty and serve the people of our great state is appreciated.

Sincerely,

James L. Mathewson

President Pro Tem

     Also,

MISSOURI SENATE

Jefferson City

February 2, 1996

Senator Betty Sims

Capitol Building

Jefferson City, MO 65101

Dear Senator Sims:

     It is my privilege to hereby appoint you to the Board of Trustees of the Missouri Humanities Council Trust Fund.

     The Board of Trustees is established in section 186.055, RSMo. The term for senators will be their current senatorial term.

     Your willingness to take on this additional duty and serve the people of our great state is appreciated.

Sincerely,

James L. Mathewson

President Pro Tem

INTRODUCTIONS OF GUESTS

     Senator Kenney introduced to the Senate, the Physician of the Day, Steve Buie, M.D., Lee's Summit.

     On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Tuesday, February 6, 1996.