Journal of the Senate

FIRST REGULAR SESSION

SECOND EXTRA SESSION

SEVENTH DAY--THURSDAY, SEPTEMBER 18, 1997

The Senate met pursuant to adjournment.

Senator Johnson in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, we long for a world where people are safe, have clothes to wear, food to eat and someone to care about them. Let this kind of a world begin with those of us gathered here today. Use us to minister to those around us, whatever their need might be. 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.

Senator Quick announced that photographers from KRCG-TV and the Senate had been given permission to take pictures in the Senate Chamber today.

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

RESOLUTIONS

Senator DePasco offered Senate Resolution No. 49, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Eugene Whelan, Independence, which was adopted.

Senator Westfall offered Senate Resolution No. 50, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Dennis Spear, Bolivar, which was adopted.

Senator Graves offered Senate Resolution No. 51, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Otto Bleich, Lathrop, which was adopted.

Senator Graves offered Senate Resolution No. 52, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Nova D. Wyant, Milan, which was adopted.

Senator Graves offered Senate Resolution No. 53, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Joseph Allen (Joe) Barker, Chillicothe, which was adopted.

Senator Graves offered Senate Resolution No. 54, regarding the Sixty-second Wedding Anniversary of Mr. and Mrs. Ermine "Byron" Wallace, Mound City, which was adopted.

Senator Graves offered Senate Resolution No. 55, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Bud Constant, Chillicothe, which was adopted.

Senator Graves offered Senate Resolution No. 56, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Stanley Linville, Burlington Junction, which was adopted.

Senator Graves offered Senate Resolution No. 57, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Winford W. Wennihan, Tarkio, which was adopted.

Senator Graves offered Senate Resolution No. 58, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Jimmy Crose, Bosworth, which was adopted.

Senator Graves offered Senate Resolution No. 59, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John Busby, Parnell, which was adopted.

Senator Graves offered Senate Resolution No. 60, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Homer Van Pelt, Burlington Junction, which was adopted.

Senator Graves offered Senate Resolution No. 61, regarding the Fifty-fifth Wedding Anniversary of Mr. and Mrs. Russell F. Adams, which was adopted.

Senator Graves offered Senate Resolution No. 62, regarding the Forty-fifth Wedding Anniversary of Mr. and Mrs. Dean Wilson, Guilford, which was adopted.

Senator Graves offered Senate Resolution No. 63, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lawrence Stoll, Stanberry, which was adopted.

Senator Graves offered Senate Resolution No. 64, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Charles Barnett, Galt, which was adopted.

On behalf of Senator Bentley, Senator Quick offered Senate Resolution No. 65, regarding Southwest Missouri State University, which was adopted.

On motion of Senator Quick, the Senate recessed until 1:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

PRIVILEGED MOTIONS

Senator Mathewson, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 1, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 1, with House Amendment Nos. 1, 2, 4, 5, 6, 7 and 8, House Amendment 10 with House Amendment Nos. 1 and 2, House Amendment No. 12 with House Amendment No. 1, House Amendment Nos. 13, 14, 15 and 17, House Amendment No. 18 with House Amendment No. 1, and House Amendment Nos. 19, 20, 22 and 23; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 1, as amended;

2. That the Senate recede from its position on Senate Bill No. 1;

3. That Conference Committee Amendments Nos. 1 and 2 be adopted;

4. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 1, as amended by Conference Committee Amendments Nos. 1 and 2, be truly agreed to and finally passed.

CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend Conference Committee Substitute for House Committee Substitute for Senate Bill No. 1, Page 46, Section 99.865, Line 15 of said page, by inserting at the end of said line the following: "No rule or portion of a rule promulgated under the authority of sections 99.800 to 99.865 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

Further amend said bill, page 100, section 135.460, line 19 of said page, by inserting at the end of said line the following: "No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

Further amend said bill, page 112, section 135.508, line 8 of said page, by inserting at the end of said line the following: "No rule or portion of a rule promulgated under the authority of sections 135.500 to 135.529 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

Further amend said bill, page 133, section 178.895, line 10 of said page, by inserting at the end of said line the following: "No rule or portion of a rule promulgated under the authority of sections 178.892 to 178.896 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

Further amend said bill, page 143, section 620.1039, line 18 of said page, by inserting at the end of said line the following: "No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

Further amend said bill, page 145, section 620.1075, line 19 of said page, by inserting immediately after "620.1081." the following: "No rule or portion of a rule promulgated under the authority of sections 620.1069 to 620.1081 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

Further amend said bill, page 151, section 620.1350, line 12 of said page, by inserting at the end of said line the following: "No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

Further amend said bill, page 163, section 10, line 7 of said page, by inserting immediately after said line the following:

"4. No rule or portion of a rule promulgated under the authority of sections 8 to 11 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.".

CONFERENCE COMMITTEE AMENDMENT NO. 2

Amend Conference Committee Substitute for House Committee Substitute for Senate Bill No. 1, Page 18, Section 99.820, Line 11 of said page, by inserting immediately after the word "county" the following: "and not a first class county with a charter form of government with a population in excess of nine hundred thousand,"; and further amend line 12 of said page, by inserting immediately after the word "county" the following: "and not in a first class county with a charter form of government having a population of more than nine hundred thousand, and twelve persons if the municipality is located in or is a first class county with a charter form of government having a population of more than nine hundred thousand,"; and

Further amend said bill and section, page 19, line 3 of said page, by inserting immediately after the word "counties" the following: "and not in a first class county with a charter form of government having a population in excess of nine hundred thousand"; and further amend lines 6-11 of said page, by striking all of said lines and inserting in lieu thereof the following; "this subsection;

(5) In a municipality which is a county with a charter form of government having a population in excess of nine hundred thousand, three members shall be appointed by the cities in the county which have tax increment financing districts in a manner in which the cities shall agree;"; and further amend line 12 of said page, by striking "(5)" and inserting in lieu thereof the following: "(6)"; and

Further amend said bill, page 33, section 99.845, line 23 of said page, by striking the following: "taxes levied pursuant to section 96.660," and inserting in lieu thereof the following: "or effective January 1, 1998, taxes levied for the purpose of public transportation pursuant to section 94.660,".

Senator Johnson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Howard assumed the Chair.

President Pro Tem McKenna assumed the Chair.

President Wilson assumed the Chair.

Senator Mathewson moved that the above conference committee report be adopted, which motion prevailed by the following vote:

On motion of Senator Mathewson, CCS for HCS for SB 1, as amended by the conference committee report, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1

An Act to repeal sections 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845, 99.865, 100.255, 100.264, 100.275, 100.297, 135.208, 143.805, 178.896, 620.1069, 620.1072, 620.1075 and 620.1078, RSMo 1994, and sections 100.296, 100.760, 100.840, 135.100, 135.200, 135.225, 135.230, 135.247, 135.400, 135.403, 135.405, 135.460, 135.500, 135.503, 135.508, 135.516, 143.451, 178.895, 447.710 and 620.1039, RSMo Supp. 1996, relating to programs coordinated or administered by the department of economic development, and to enact in lieu thereof sixty-three new sections relating to the same subject, with an effective date for certain sections and with a termination date for a certain section.

Was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

President Pro Tem McKenna assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HCS for HB 2, 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.

On motion of Senator Quick, the Senate recessed for 10 minutes.

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

RESOLUTIONS

Senator Graves offered Senate Resolution No. 66, regarding the Forty-fifth Wedding Anniversary of Mr. and Mrs. Stewart Allen, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 67, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Foster, Cameron, which was adopted.

Senator Graves offered Senate Resolution No. 68, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Lyle Gugin, Chillicothe, which was adopted.

Senator Graves offered Senate Resolution No. 69, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John Strueby, Stanberry, which was adopted.

Senator Graves offered Senate Resolution No. 70, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Norman Long, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Singleton introduced to the Senate, Mrs. Jennifer Burton, Carl Junction.

On motion of Senator Quick, the Senate adjourned until 10:00 a.m., Wednesday, September 24, 1997.

SENATE CALENDAR

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EIGHTH DAY-WEDNESDAY, SEPTEMBER 24, 1997

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

BILLS IN CONFERENCE And BILLS

CARRYING REQUEST MESSAGES

In Conference

SB 1-Mathewson, with HCS, as amended

(Senate adopted CCR and passed CCS)