Journal of the Senate

SECOND REGULAR SESSION


TWENTY-FIRST DAY--WEDNESDAY, FEBRUARY 7, 1996


     The Senate met pursuant to adjournment.

     Senator Staples in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, there are so many things to cause us stress and worry. We are thankful that we know the end result of our labors, which is to spend eternity with God without worry and stress. We pray that You will remind us of this fact from time to time. 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
MoseleyMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesTrepplerWestfallWiggins--32
Absent with leave--Senators
MeltonScott--2

RESOLUTIONS

     Senator Rohrbach offered Senate Resolution No. 803, regarding the death of Larry Brown Brooker, Jefferson City, which was adopted.

     Senator Mueller offered Senate Resolution No. 804, regarding Health Link, Inc., which was adopted.

     Senator Goode and Senator Schneider offered Senate Resolution No. 805, regarding the Eightieth Birthday of George O'Brien Tucker, Ferguson, which was adopted.

     Senator Lybyer offered Senate Resolution No. 806, regarding the Ninetieth Birthday of Thomas R. Coffey, Vienna, which was adopted.

     Senator Lybyer offered Senate Resolution No. 807, regarding Quality Machine Works, Salem, which was adopted.

     Senator Treppler offered Senate Resolution No. 808, regarding Philip D. Carlock, St. Louis, which was adopted.

     INTRODUCTION OF BILLS

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

     SB 896--By Curls.

     An Act to repeal section 375.700, RSMo 1994, relating to the distribution of assets of dissolved insurers, and to enact in lieu thereof one new section relating to the same subject.

     SB 897--By Treppler.

     An Act to repeal sections 307.020 and 307.040, RSMo 1994, relating to motor vehicle traffic regulations, and to enact in lieu thereof two new sections relating to the same subject.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 671, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

     Senator Quick assumed the Chair.

INTRODUCTION OF BILLS

     The following Bill was read the 1st time and 1,000 copies ordered printed:

     SB 898--By Flotron.

     An Act to repeal section 408.300, RSMo 1994, relating to time charges on retail time contracts, and to enact one new section relating to the same subject.

THIRD READING OF SENATE BILLS

     SCS for SB 857, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 857

     An Act to repeal sections 169.010 and 169.600, RSMo 1994, and sections 169.030 and 169.620, RSMo Supp. 1995, relating to teacher retirement, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause.

     Was taken up by Senator Johnson.

     On motion of Senator Johnson, SCS for SB 857 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoFlotronGoodeGraves
HouseHowardJohnsonKenney
KlarichLybyerMathewsonMaxwell
McKennaMoseleyMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators--None
Absent--Senators
ClayEhlmannKinder--3
Absent with leave--Senators
MeltonScott--2
     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator Clay--1
Absent with leave--Senators
MeltonScott--2
     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 Flotron moved that motion lay on the table, which motion prevailed.

     SCS for SB 735, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 735

     An Act to repeal section 72.418, RSMo Supp. 1995, relating to fire protection district elections, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was taken up by Senator Flotron.

     On motion of Senator Flotron, SCS for SB 735 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MoseleyMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesTrepplerWestfallWiggins--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
MeltonScott--2
     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MoseleyMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesTrepplerWestfallWiggins--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
MeltonScott--2
     On motion of Senator Flotron, title to the bill was agreed to.

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

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

     SB 575, introduced by Senator McKenna, entitled:

     An Act to repeal section 197.318, RSMo 1994, relating to certificate of need, and to enact one new section relating to the same subject, with an emergency clause.

     Was taken up.

     On motion of Senator McKenna, SB 575 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator House--1
Absent with leave--Senators
MeltonScott--2
     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
HouseMoseley--2
Absent with leave--Senators
MeltonScott--2
     On motion of Senator McKenna, title to the bill was agreed to.

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

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

RESOLUTIONS

     Senator Mathewson offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 809

     WHEREAS, the General Assembly fully recognizes the importance of preparing our youth to become active and productive citizens through worthwhile governmental or citizenship projects; and

     WHEREAS, the General Assembly has a long tradition of rendering assistance to those organizations who sponsor these projects in the interest of our young people; and

     WHEREAS, one clear example of such an organization is the Missouri YMCA, which has become widely recognized for its sponsorship of the Youth in Government program; and

WHEREAS, the Missouri YMCA Youth in Government program provides its participants with a unique insight into the day to day operation of our state government;

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate that the Missouri YMCA be hereby granted permission to use the Senate Chamber for the purposes of its Youth in Government program during the period of March 7, 8 and 9, 1996.

INTRODUCTION OF BILLS

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

     SB 899--By Sims.

     An Act to amend chapter 376, RSMo, by adding one new section relating to chemical dependency services.

     SB 900--By Johnson.

     An Act to repeal section 104.090, RSMo 1994, relating to retirement of state officers and employees, and to enact in lieu thereof one new section relating to the same subject.

     SB 901--By Flotron and McKenna.

     An Act to repeal sections 148.330 and 148.350, RSMo 1994, relating to taxation of financial institutions, and to enact in lieu thereof eleven new sections relating to the same subject, with an effective date for certain sections.

RESOLUTIONS

     Senator Schneider, Senator Goode and Senator Flotron offered the following resolution:

Notice of Proposed Rule Change

     Notice is hereby given by the Senator from the 14th District of the one day Notice required by Rule 97 of intent to put a Motion To Adopt the Following Rule change:

SENATE RESOLUTION NO. 810

     BE IT RESOLVED by the Senate of the Eighty-eighth General Assembly, Second Regular Session, that Senate Rule 96 be amended to read as follows:

     "Rule 96. In cases not provided for in these rules, the senate shall be governed by the rules laid down in [compend of the rules] the practice and procedures adopted by the Senate of the United States and Jefferson's Manual, including the U.S. Senate practice that a substitute amendment to a first degree amendment is subject to a second degree perfecting amendment.".

     President Pro Tem Mathewson assumed the Chair.

REPORTS OF STANDING COMMITTEES

     Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following report:

     Mr. President: Your Committee on Appropriations, to which was referred HB 1014, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and SB 671, 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.

BILLS DELIVERED TO THE GOVERNOR

     SB 671, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

COMMUNICATIONS

     President Pro Tem Mathewson submitted the following:

MISSOURI SENATE

Jefferson City

February 6, 1996

Senator Jim Mathewson

President Pro Tem

State Capitol Building

Room 326

Jefferson City, MO 65101

Dear Senator Mathewson:

     I do hereby request for you to accept my resignation from your standing committees on Ways and Means, Labor and Industrial Relations and State Budget Control, effective February 7, 1996.

Sincerely,

/s/ John

John E. Scott

INTRODUCTIONS OF GUESTS

     Senator Caskey introduced to the Senate, the Physician of the Day, Scott Turner, M.D., Osceola.

     Senator Staples introduced to the Senate, Stan and Linda Blake, Farmington.

     Senator Rohrbach introduced to the Senate, Dr. John Ditto, Jefferson City.

     Senator Sims introduced to the Senate, Ann Laird, St. Louis.

     Senator Bentley introduced to the Senate, Jan Handley, Springfield.

     Senator Kenney introduced to the Senate, Ed Kruse, Independence.

     Senator Banks introduced to the Senate, Kristin Denise Rogers, St. Louis.

     Senator Sims introduced to the Senate, Jane Kerlagon, Jane Kasten, and ninety eighth grade students from Pattonville Holman Middle School, St. Louis County, and McKinley Classical Junior Academy, St. Louis; and Marvin Fowler, Jackie Tyler, Tiana Terry and Jason Poelker were made honorary pages.

     On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Thursday, February 8, 1996.