Journal of the Senate
SECOND REGULAR SESSION
FORTIETH DAY--MONDAY, MARCH 18, 1996
The Senate met pursuant to adjournment.
President Wilson in the Chair.
The Chaplain offered the following prayer:
Our Father in Heaven, Peter and John told a man born lame, "Silver and gold have I none, but such as I have I give thee." We recognize that all of life's needs cannot be met with silver and gold. We also know the futility of trying to meet needs without money. Help us to use possessions wisely and to also give of ourselves. Amen. The Pledge of Allegiance to the Flag was recited.
A quorum being established, the Senate proceeded with its business.
The Journals for Thursday, March 7, 1996, and Tuesday, March 12, 1996, were read and approved.
The following Senators were present during the day's proceedings:
| Present--Senators | |||
| Banks | Bentley | Caskey | Clay |
| Curls | DePasco | Ehlmann | Flotron |
| Goode | Graves | House | Howard |
| Kenney | Kinder | Klarich | Lybyer |
| Mathewson | Maxwell | McKenna | Melton |
| Moseley | Mueller | Quick | Rohrbach |
| Russell | Schneider | Sims | Singleton |
| Staples | Treppler | Westfall | Wiggins--32 |
| Absent with leave--Senators | |||
| Johnson | Scott--2 | ||
| The Lieutenant Governor was present. | |||
Senator Singleton offered Senate Resolution No. 984, regarding Wendy Christensen, Carthage, which was adopted.
Senator Schneider offered Senate Resolution No. 985, regarding Woodrow W. (Woody) Meyer, Florissant, which was adopted.
Senator Curls offered Senate Resolution No. 986, regarding Sister Jemima Byrd, which was adopted.
Senator Clay offered Senate Resolution No. 987, regarding the Regional Foreign Policy Forum on Africa, which was adopted.
Senator Caskey offered Senate Resolution No. 988, regarding Sergeant Kevin Jones, USMC, which was adopted.
Senator Caskey offered Senate Resolution No. 989, regarding SPC Michael D. Payne, USAR, which was adopted.
Senator Rohrbach offered Senate Resolution No. 990, regarding Harry F. Lauf, Jefferson City, which was adopted.
Senator Caskey offered SA 1:
Senator Caskey moved that the above amendment be adopted, which motion prevailed.
On motion of Senator Mathewson, SB 501, as amended, was declared perfected and ordered printed.
SB 479 was placed on the Informal Calendar.
Senator Mathewson moved that SB 837 be taken up for perfection, which motion prevailed.
On motion of Senator Mathewson, SB 837 was declared perfected and ordered printed.
Senator Staples assumed the Chair.
Senator Mueller moved that SJR 31, with SCS, be taken up for perfection, which motion prevailed.
SCS for SJR 31, entitled:
Was taken up.
Senator Mueller moved that SCS for SJR 31 be adopted, which motion prevailed.
On motion of Senator Mueller, SCS for SJR 31 was declared perfected and ordered printed.
Senator Mueller moved that SB 683 be taken up for perfection, which motion prevailed.
On motion of Senator Mueller, SB 683 was declared perfected and ordered printed.
Senator Goode moved that SB 773 be taken up for perfection, which motion prevailed.
Senator Westfall offered SA 1, which was read:
Senator Westfall moved that the above amendment be adopted.
Senator Howard assumed the Chair.
Senator Staples requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators Caskey, Russell, Sims and Westfall.
SA 1 failed of adoption by the following vote:
| Yeas--Senators | |||
| Bentley | Ehlmann | Kenney | Klarich |
| Mueller | Russell | Sims | Singleton |
| Treppler | Westfall | Wiggins--11 | |
| Nays--Senators | |||
| Banks | Caskey | Clay | Curls |
| DePasco | Goode | Graves | House |
| Howard | Kinder | Lybyer | Mathewson |
| Maxwell | McKenna | Melton | Moseley |
| Quick | Rohrbach | Staples--19 | |
| Absent--Senators | |||
| Flotron | Schneider--2 | ||
| Absent with leave--Senators | |||
| Johnson | Scott--2 | ||
Senator Quick moved that SB 654, with SCAs 1 and 2, be taken up for perfection, which motion prevailed.
SCA 1 was taken up.
Senator Quick moved that the above amendment be adopted, which motion prevailed.
SCA 2 was taken up.
Senator Quick moved that the above amendment be adopted.
Senator Wiggins assumed the Chair.
At the request of Senator Quick, SB 654, with SCA 2 (pending), was placed on the Informal Calendar.
Senator Banks moved that SB 488, with SCA 1, be taken up for perfection, which motion prevailed.
SCA 1 was taken up.
Senator Banks moved that the above amendment be adopted, which motion prevailed.
Senator Banks offered SS for SB 488, entitled:
Senator Banks moved that SS for SB 488 be adopted.
At the request of Senator Banks, SB 488, with SS (pending), was placed on the Informal Calendar.
Senator Moseley moved that SB 722, with SCS, be taken up for perfection, which motion prevailed.
SCS for SB 722, entitled:
SENATE BILL NO. 722
Was taken up.
Senator Moseley moved that SCS for SB 722 be adopted.
Senator Moseley offered SS for SCS for SB 722, entitled:
Senator Moseley moved that SS for SCS for SB 722 be adopted.
Senator Howard resumed the Chair.
At the request of Senator Moseley, SB 722, with SCS and SS for SCS (pending), was placed on the Informal Calendar.
Senator Wiggins resumed the Chair.
Senator Quick moved that SB 654, with SCA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.
SCA 2 was again taken up.
Senator Quick moved that the above amendment be adopted, which motion failed.
Senator Quick offered SS for SB 654, entitled:
Senator Quick moved that SS for SB 654 be adopted.
Senator Howard offered SA 1:
"313.844. When credit is extended on an excursion gambling boat, as defined in section 313.800, RSMo, through an automated device or machine that processes financial transactions and when an access fee, sometimes called a surcharge, is paid directly by the customer accessing the device or machine, the device or machine shall be programmed to:
(1) Disclose both the access fee and that the customer may have agreed to additional fees from the card issuing entity; and
(2) After disclosure, allow the customer to cancel the transaction without incurring any fee."; and
Further amend the title and enacting clause accordingly.
Senator Howard moved that the above amendment be adopted, which motion prevailed.
Senator DePasco offered SA 2:
Further amend said bill, page 1, section A, line 1-2, by striking "one new section" and inserting in lieu thereof "two new sections"; and further amend line 2, by striking "section 313.820" and inserting in lieu thereof "sections 313.820 and 1"; and
Further amend said bill, page 2, section 313.820, line 38, by inserting immediately after said line the following:
"Section 1. No person, bank, bank holding company, trust company, partnership, association, corporation or other legal entity may establish, maintain or operate an automated device that processes financial transactions which involve credit cards on an excursion gambling boat. For purposes of this section, the term "credit card" shall be as defined in the Consumer Credit Protection Act, 15 U.S.C. Section 1602(k), and the term "excursion gambling boat" shall be as defined in section 313.800, RSMo.".
Senator DePasco moved that the above amendment be adopted.
Senator Quick raised the point of order that SA 2 is out of order in that the amendment attempts to amend previously amended material.
The point of order was referred to the President Pro Tem, who took it under advisement, placing the bill on the Informal Calendar.
Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SS for SB 709, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.
Also,
Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCS for SB 540, 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.
State of Missouri
Jefferson City, Missouri
March 7, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
M. Elise Crain, Republican, 1007 Amy Lane, Ozark, Christian County, Missouri 65721, as a member of the Missouri Commission on Human Rights, for a term ending April 1, 2000, and until her successor is duly appointed and qualified; vice, Diana Fields, resigned.
MEL CARNAHAN
Governor
OFFICE OF THE GOVERNOR
State of Missouri
Jefferson City, Missouri
March 7, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Lawrence Myles Gerstein, D.C., 820 Camp Street, Washington, Franklin County, Missouri 63090, as a member of the State Board of Chiropractic Examiners, for a term ending January 1, 2001, and until his successor is duly appointed and qualified; vice, reappointed to a full term.
MEL CARNAHAN
Governor
State of Missouri
Jefferson City, Missouri
March 7, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Susan Lee Pentlin, Ph.D., Democrat, 520 Grover Street, Warrensburg, Johnson County, Missouri 64093, as a member of the Missouri Commission on Human Rights, for a term ending April 1, 2000, and until her successor is duly appointed and qualified; vice, Katherine Peerson, term expired.
MEL CARNAHAN
Governor
State of Missouri
Jefferson City, Missouri
March 8, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Dorothy B. McGuffin, LPC, NCC, 1821 Lakemont Lane, Spanish Lake, St. Louis County, Missouri 63138, as a member of the Missouri State Committee for Professional Counselors, for a term ending August 28, 1999, and until her successor is duly appointed and qualified; vice, John H. Bell, term expired.
MEL CARNAHAN
Governor
State of Missouri
Jefferson City, Missouri
March 8, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
David M. Millin, ASA, 4608 Crysler, Independence, Jackson County, Missouri 64055, as a member of the Real Estate Appraisers Commission, for a term ending September 12, 2000, and until his successor is duly appointed and qualified; vice, James T. Job, term expired.
MEL CARNAHAN
Governor
State of Missouri
Jefferson City, Missouri
March 13, 1996
I have the honor to transmit to you herewith for your advice and consent the following appointment to office:
Teri Loney, Democrat, Route 3 Box 6E, Oakwood Estates, Nevada, Vernon County, Missouri 64772, as a member of the State Committee of Marital and Family Therapists, for a term ending March 13, 2000, and until her successor is duly appointed and qualified; vice, Senate Bill 69.
MEL CARNAHAN
Governor
President Pro Tem Mathewson referred the above appointments to the Committee on Gubernatorial Appointments.
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1006, entitled:
An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Conservation, Department of Natural Resources, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1996 and ending June 30, 1997.
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 HCS for HB 1007, entitled:
An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and the Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1996 and ending June 30, 1997.
In which the concurrence of the Senate is respectfully requested.
Read 1st time.
At the request of Senator Lybyer, the pending point of order on SA 1 to SS for SCS for SBs 795, 542 and 563 was withdrawn.
At the request of Senator Ehlmann, SA 1 was withdrawn.
At the request of Senator Maxwell, SB 795, SB 542 and SB 563, with SCS and SS for SCS (pending), were placed on the Informal Calendar.
SB 973--Judiciary.
SB 974--Appropriations.
SB 975--Judiciary.
SB 976--Interstate Cooperation.
SB 977--Public Health and Welfare.
SB 978--Education.
SB 979--Financial and Governmental Operations.
SB 980--Appropriations.
SJR 41--Judiciary.
President Pro Tem Mathewson assumed the Chair.
Senator Bentley offered Senate Resolution No. 992, regarding "Take Our Daughters To Work Day", which was adopted.
Senator Klarich introduced to the Senate, Girl Scout Troop #3828 from Holy Infant School, Ballwin.
Senator Sims introduced to the Senate, her husband, Dr. William A. Sims, Jr., St. Louis County; her daughter, Molly Sims, St. Louis; and her grandson, Patrick Duff, Washington, D.C.; and Patrick was made an honorary page.
On motion of Senator Banks, the Senate adjourned under the rules.