Journal of the Senate

SECOND REGULAR SESSION


SECOND DAY--THURSDAY, JANUARY 6, 2000


The Senate met pursuant to adjournment.

President Wilson in the Chair.

The Reverend Carl G. Gauck offered the following prayer:

Gracious God, King of the Universe: Today we remember the Christian celebration of the Epiphany and the various ways You made Yourself known to people of every expression of faith on this tiny planet. You have manifested Your presence so all may know You and in so doing taught us Your will for us to follow and Your requirements to seek ways to promote justice. And we pray that this weekend finds us safe with loved ones and for those ill that Your healing power may provide healing and health once again. In Your Name we pray. 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 DePasco announced that photographers from the Associated Press 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:

Present--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
Absent with leave--Senator Scott--1
Vacancies--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1005, regarding Melba J. Swope, Cuba, which was adopted.

Senator Wiggins offered Senate Resolution No. 1006, regarding the death of Michael A. Rieke, Kansas City, which was adopted.

Senator Mathewson offered Senate Resolution No. 1007, regarding the One Hundredth Birthday of Mrs. Ruby Hatfield, Richmond, which was adopted.

Senator DePasco offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1008

BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to have placed in the Post Office of the Senate, or delivered each day to such other address as may be designated, Missouri newspapers for each Senator and each elected officer of the Senate, such papers to be designated by the Senator or officer, and the expenses of same to be paid out of the contingent fund of the Senate.

Senator DePasco offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1009

BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to purchase and deliver to each Senator postage stamps not to exceed the value of eight hundred twenty-five dollars ($825.00) and to take his or her receipt for the amount of postage stamps delivered, said stamps to be used by each Senator only for official business connected with his or her office, the expenses of same to be paid out of the contingent fund of the Senate.

Senators Flotron, Kenney, Sims, Yeckel, Klarich, Westfall, Bentley and Ehlmann offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1010

WHEREAS, the members of the Missouri Senate always welcome the opportunity to acknowledge milestone achievements in the careers of Show-Me State professional sports figures; and

WHEREAS, Kurt Warner of the St. Louis Rams football team was the overwhelming choice for the National Football League's "Most Valuable Player" award as selected by a national panel of fifty media members of The Associated Press; and

WHEREAS, originally a Rams backup quarterback with hard-earned Arena League and NFL Europe experience, Kurt Warner rose from relative obscurity to replace free agent Trent Green who injured a knee during the first preseason game; and

WHEREAS, a player with an aggressive style, Kurt Warner led the NFL Europe league in passing in 1998 with Amsterdam after spending three years with Iowa of Arena Football; and

WHEREAS, Kurt Warner's exemplary experience in other leagues served him in good stead when the opportunity came his way to play for the St. Louis Rams and throw forty-one touchdowns this past season, a statistic which places him in the rarified company of only one other player, the great Dan Marino; and

WHEREAS, while leading the Rams to a 13-3 season, Kurt Warner completed 325 of 499 passes for 4,353 yards with only 13 interceptions, a 65.1 percent completion rate and 109.2 rating that easily led the league in the 1999 season; and

WHEREAS, Kurt Warner received thirty-three votes for MVP in sharp contrast to the eight each received by fellow teammate Marshall Faulk and Indianapolis quarterback Peyton Manning, and the one vote cast for Colts running back, Edgerrin James; and

WHEREAS, twenty-eight-year-old Kurt Warner is active off the sporting field with volunteer work for the physically challenged and with other charitable endeavors:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, join unanimously to applaud the stellar professional labors of sensational quarterback Kurt Warner and to extend our sincerest congratulations upon his selection as the NFL Most Valuable Player; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in honor of St. Louis Rams quarterback Kurt Warner.

Senator DePasco offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1011

WHEREAS, the members of the Missouri Senate wish to express their thanks to those Show-Me State organizations which assisted with the 1999 Southern Legislative Conference; and

WHEREAS, held this year in Kansas City, Missouri, the Southern Legislative Conference was hosted by the Missouri General Assembly and drew participants from all across the United States; and

WHEREAS, in addition to state legislators and others with an interest in state governance, the Southern Legislative Conference attracted many spouses and children of elected officials; and

WHEREAS, the Missouri Amusement Machine Operators Association (MAMOA) donated amusement machine games for the family center which provided entertainment and an enjoyable haven for those who accompanied their spouses or parents to the conference; and

WHEREAS, MAMOA deserves to be congratulated for providing a responsible means of enjoyment for persons of all ages; and

WHEREAS, the Missouri Amusement Machine Operators Association is dedicated to ensuring that amusement games provide pure clean family fun and entertainment; and

WHEREAS, descriptive labeling on the machines donated by the Missouri Amusement Machine Operators Association conformed to the "Guide to Coin-Operated Video Games" as published by the American Amusement Machine Association and the Amusement and Music Operators Association; and

WHEREAS, such labeling provides parents and other caregivers with advisory disclosure messages which assist adults in the determination of age-appropriateness for children engaged in the playing of coin-operated video games found in publicly accessible locations:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, join unanimously to applaud the efforts and time donated by the Missouri Amusement Machine Operators Association to the 1999 Southern Legislative Conference and to offer this legislative body's commendation to it for assisting in making sure the event was enjoyable for all; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the Missouri Amusement Machine Operators Association.

CONCURRENT RESOLUTIONS

Senators Clay and Scott offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 21

WHEREAS, Nathaniel J. "Nat" Rivers served the people of the City of St. Louis as a member of the Missouri House of Representatives beginning in 1969, and he continued to serve for the next fourteen years; and

WHEREAS, Nat Rivers was born in Cache, Illinois and educated at Sumner High School in Cairo, Illinois, Southern Illinois University at Carbondale and St. Louis University; and

WHEREAS, Nat Rivers, a real estate and insurance broker, was very active in his community, and served on the Board of Directors of Mid-City Rental Company, Union Sarah Community Corporation, West Side Redevelopment Corporation, West End Congress, Union-Sarah Economic Development Corporation and West Side Community Gardens; and

WHEREAS, Nat Rivers was recognized for his contributions to the St. Louis community through numerous awards, including the St. Louis Citizens Award in Community Service in 1979, the Harris-Stowe College Award in recognition for his concern for Higher Education and Human Development in 1978, and the Dr. Martin Luther King Jr. Human Rights Award in 1979; and

WHEREAS, such awards only begin to recognize Nat Rivers' true accomplishments and contributions to the citizens of St. Louis and the State of Missouri; and

WHEREAS, the most appropriate way to recognize an individual of Nat Rivers' stature is to name a public building after him; and

WHEREAS, the St. Louis Central Office of the Division of Workforce Development, located at 4811 Delmar Boulevard in the City of St. Louis, has no proper name; and

WHEREAS, this St. Louis Central Office provides much needed community services to persons in the St. Louis area, including job service and development, job corps, work opportunity and welfare-to-work information, job training assistance, veterans service and unemployment benefit information; and

WHEREAS, Nat Rivers' contributions and service to the community of St. Louis are exemplary and distinguished:

NOW, THEREFORE, BE IT RESOLVED that the Senate of the Ninetieth General Assembly, the House of Representatives concurring therein, proclaims that the St. Louis Central Office of the Division of Workforce Development, located at 4811 Delmar Boulevard in the City of St. Louis, be hereby named the "Nathaniel J. "Nat" Rivers Office of the Division of Workforce Development", and that a sign or signs of appropriate size, lettering and design be constructed and placed on said office property with the name "Nathaniel J. "Nat" Rivers Office of the Division of Workforce Development" on said sign, which shall be readily legible from the street; and

BE IT FURTHER RESOLVED that the Director of the Department of Economic Development shall promptly notify those members of the General Assembly whose constituents are served by the Nathaniel J. "Nat" Rivers Office of the Division of Workforce Development, the Secretary of the Senate and the Clerk of the House of Representatives with the date in which said sign or signs are to be placed on the property; and

BE IT FURTHER RESOLVED, that the Secretary of the Senate prepare properly inscribed copies of this resolution for the Director of the Department of Economic Development and the Office of Administration.

INTRODUCTION OF BILLS

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

SB 779-By Mathewson and Johnson.

An Act to repeal sections 407.850 and 407.870, RSMo 1994, relating to farm machinery inventory repurchase, and to enact in lieu thereof two new sections relating to the same subject.

SB 780-By Mathewson.

An Act to repeal section 367.100, RSMo 1994, and sections 408.100 and 443.849, RSMo Supp. 1999, relating to loans, and to enact in lieu thereof three new sections relating to the same subject.

CONCURRENT RESOLUTIONS

Senator Staples offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 22

WHEREAS, Robert Ward served the citizenry of District 107 as a member of the Missouri House of Representatives from 1982 to 1996; and

WHEREAS, Robert Ward's commitment to public service was exemplified by his tenure in the Missouri House of Representatives, where he served as Majority Floor Leader from 1991 to 1994 and as Majority Whip from 1987 to 1990:

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate, Ninetieth General Assembly, Second Regular Session, the House of Representatives concurring therein, do hereby instruct the Missouri Highway Commission and the Department of Transportation to take action immediately to name a section of Route 32, St. Francois County, from west of Route B (Park Hill) to 0.4 miles west of Route 67 (Leadington), with a total length of 3.5 miles, the "State Representative Bob Ward Highway", to honor Robert Ward for his many years of commitment to public service; and

BE IT FURTHER RESOLVED that the designation of the State Representative Bob Ward Highway be completed no later than July 15, 2000; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Robert Ward, the Missouri Highway Commission and the Department of Transportation.

Senator DePasco moved that HCR 1 be taken up for adoption, which motion prevailed.

On motion of Senator DePasco, HCR 1 was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Kenney Kinder Klarich
Mathewson Maxwell Quick Rohrbach
Russell Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Johnson Schneider--2
Absent with leave--Senators
Mueller Scott--2
Vacancies--1

Senator DePasco moved that HCR 2 be taken up for adoption, which motion prevailed.

On motion of Senator DePasco, HCR 2 was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Quick
Rohrbach Russell Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senators
Mueller Scott--2
Vacancies--1


INTRODUCTION OF BILLS

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

SB 781-By Goode.

An Act to amend chapter 393, RSMo, by adding thereto twenty-four new sections relating to retail choice in electric service.

SB 782-By Westfall, Singleton and Kenney.

An Act to repeal sections 302.309, 577.023 and 577.600, RSMo Supp. 1999, relating to alcohol-related traffic offenses, and to enact in lieu thereof three new sections relating to the same subject.

SB 783-By Sims.

An Act to repeal section 170.250, RSMo Supp. 1999, relating to video instructional development and educational opportunity program, and to enact in lieu thereof one new section relating to the same subject.

SB 784-By Sims.

An Act to repeal section 34.055, RSMo 1994, and section 33.080, RSMo Supp. 1999, relating to state funds, and to enact in lieu thereof two new sections relating to the same subject.

SB 785-By Stoll and Maxwell.

An Act to repeal sections 163.011 and 163.031, RSMo Supp. 1999, relating to state aid for public schools, and to enact in lieu thereof two new sections relating to the same subject.

SB 786-By Clay.

An Act to amend chapter 408, RSMo, by adding thereto ten new sections relating to home loans, with a delayed effective date.

SB 787-By Childers, Russell and Mathewson.

An Act to repeal section 320.094, RSMo Supp. 1999, relating to emergency services, and to enact in lieu thereof two new sections relating to the same subject.

SECOND READING OF SENATE BILLS

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

SB 528--Financial and Governmental Organi-zation.

SB 529--Local Government and Economic Development.

SB 530--Aging, Families and Mental Health.

SB 531--Ways and Means.

SB 533--Judiciary.

SB 537--Civil and Criminal Jurisprudence.

SB 538--Financial and Governmental Organi-zation.

SB 539--Education.

SB 540--Local Government and Economic Development.

SB 541--Transportation.

SB 542--Local Government and Economic Development.

SB 543--Judiciary.

SB 544--Transportation.

SB 545--Transportation.

SB 546--Civil and Criminal Jurisprudence.

SB 547--Labor and Industrial Relations.

SB 548--Pensions and General Laws.

SB 549--Pensions and General Laws.

SB 550--Ways and Means.

SB 551--Civil and Criminal Jurisprudence.

SB 552--Local Government and Economic Development.

SB 553--Insurance and Housing.

SB 554--Civil and Criminal Jurisprudence.

SB 555--Commerce and Environment.

SB 556--Financial and Governmental Organi-zation.

SB 557--Insurance and Housing.

SB 558--Agriculture, Conservation, Parks and Tourism.

SB 559--Agriculture, Conservation, Parks and Tourism.

SB 560--Aging, Families and Mental Health.

SB 561--Pensions and General Laws.

SB 562--Education.

SB 563--Financial and Governmental Organi-zation.

SB 564--Elections, Veterans' Affairs and Corrections.

SB 565--Financial and Governmental Organi-zation.

SB 566--Financial and Governmental Organi-zation.

SB 567--Civil and Criminal Jurisprudence.

SB 568--Transportation.

SB 569--Labor and Industrial Relations.

SB 570--Public Health and Welfare.

SB 571--Labor and Industrial Relations.

SB 572--Ways and Means.

SB 573--Education.

SB 574--Insurance and Housing.

SB 575--Ways and Means.

SB 576--Aging, Families and Mental Health.

SB 577--Commerce and Environment.

SB 578--Civil and Criminal Jurisprudence.

SB 579--Civil and Criminal Jurisprudence.

SB 580--Civil and Criminal Jurisprudence.

SB 581--Ways and Means.

SB 582--Ways and Means.

SB 583--Education.

SB 584--Education.

SB 585--Ways and Means.

SB 586--Ways and Means.

SB 587--Pensions and General Laws.

SB 588--Insurance and Housing.

SB 589--Labor and Industrial Relations.

SB 590--Civil and Criminal Jurisprudence.

SB 591--Education.

SB 592--Ways and Means.

SB 593--Insurance and Housing.

SB 594--Pensions and General Laws.

SB 595--Ways and Means.

SB 596--Agriculture, Conservation, Parks and Tourism.

SB 597--Public Health and Welfare.

SB 598--Aging, Families and Mental Health.

SB 599--Ways and Means.

SB 600--Labor and Industrial Relations.

SB 601--Judiciary.

SB 602--Public Health and Welfare.

SB 603--Aging, Families and Mental Health.

SB 604--Ways and Means.

SB 606--Insurance and Housing.

SB 607--Transportation.

SB 608--Ways and Means.

SB 609--Local Government and Economic Development.

SB 610--Transportation.

SB 611--Civil and Criminal Jurisprudence.

SB 612--Commerce and Environment.

SB 613--Transportation.

SB 614--Insurance and Housing.

SB 615--Transportation.

SB 616--Pensions and General Laws.

SB 617--Public Health and Welfare.

SB 618--Commerce and Environment.

SB 619--Local Government and Economic Development.

SB 620--Ways and Means.

SB 621--Judiciary.

SB 622--Aging, Families and Mental Health.

SB 623--Ways and Means.

SB 624--Local Government and Economic Development.

SB 625--Education.

SB 626--Education.

SB 627--Pensions and General Laws.

SB 628--Transportation.

SB 629--Transportation.

SB 630--Education.

SB 631--Insurance and Housing.

SB 632--Civil and Criminal Jurisprudence.

SB 633--Transportation.

SB 634--Agriculture, Conservation, Parks and Tourism.

SB 635--Ways and Means.

SB 636--Agriculture, Conservation, Parks and Tourism.

SB 637--Local Government and Economic Development.

SB 638--Ways and Means.

SB 639--Aging, Families and Mental Health.

SB 640--Aging, Families and Mental Health.

SB 641--Judiciary.

SB 642--Pensions and General Laws.

SB 643--Insurance and Housing.

SB 644--Ways and Means.

SB 645--Insurance and Housing.

SB 646--Public Health and Welfare.

SB 647--Transportation.

SB 648--Judiciary.

SB 649--Ways and Means.

SB 650--Insurance and Housing.

SB 651--Ways and Means.

SB 652--Transportation.

SB 653--Local Government and Economic Development.

SB 654--Education.

SB 655--Civil and Criminal Jurisprudence.

SB 656--Ways and Means.

SB 657--Agriculture, Conservation, Parks and Tourism.

SB 658--Ways and Means.

SB 659--Education.

SB 660--Education.

SB 661--Insurance and Housing.

SB 662--Insurance and Housing.

SB 663--Aging, Families and Mental Health.

SB 664--Judiciary.

SB 665--Insurance and Housing.

SB 666--Judiciary.

SB 667--Public Health and Welfare.

SB 668--Ways and Means.

SB 669--Financial and Governmental Organi-zation.

SB 670--Public Health and Welfare.

SB 671--Civil and Criminal Jurisprudence.

SB 673--Judiciary.

SB 674--Agriculture, Conservation, Parks and Tourism.

SB 675--Judiciary.

SB 676--Local Government and Economic Development.

SB 677--Insurance and Housing.

SB 678--Judiciary.

SB 679--Judiciary.

SB 680--Judiciary.

SB 681--Public Health and Welfare.

SB 682--Judiciary.

SB 683--Civil and Criminal Jurisprudence.

SB 684--Judiciary.

SB 685--Public Health and Welfare.

SB 686--Insurance and Housing.

SB 687--Ways and Means.

SB 688--Aging, Families and Mental Health.

SB 689--Education.

SB 690--Education.

SB 691--Insurance and Housing.

SB 692--Elections, Veterans' Affairs and Corrections.

SB 693--Commerce and Environment.

SB 694--Agriculture, Conservation, Parks and Tourism.

SB 695--Ways and Means.

SB 696--Ways and Means.

SB 697--Judiciary.

SB 698--Education.

SB 699--Insurance and Housing.

SJR 30--Pensions and General Laws.

SJR 31--Judiciary.

SJR 32--Judiciary.

SJR 34--Judiciary.

SJR 35--Pensions and General Laws.

SJR 36--Pensions and General Laws.

SJR 37--Transportation.

SJR 38--Civil and Criminal Jurisprudence.

SJR 39--Education.

SJR 40--Commerce and Environment.

SJR 41--Education.

SJR 42--Civil and Criminal Jurisprudence.

SJR 43--Judiciary.

SJR 44--Local Government and Economic Development.

SJR 45--Education.

INTRODUCTION OF BILLS

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

SB 788-By Johnson.

An Act to repeal section 105.055, RSMo 1994, and section 105.058, RSMo Supp. 1999, relating to public officers and employees, and to enact in lieu thereof two new sections relating to the same subject.

MISCELLANEOUS

Senator Quick submitted the following:

SENATE HEARING SCHEDULE

90TH GENERAL ASSEMBLY

SECOND REGULAR SESSION

JANUARY 6, 2000

Monday Tuesday Wednesday Thursday
8:30 Commerce & Civil & Rules, Jt.
a.m. Environment- Criminal Rules &
SL (Maxwell) Jurisprudence- Resolutions-
SCR 2 (Caskey) SL (DePasco)
9:00 Aging, Families Gubernatorial
a.m. & Mental Appointments -
Health-SCR 2 SL (Quick)
(Howard)
11:00 Labor & Ind. Elections,
a.m. Relations- Veterans' Affairs
SCR 1 (Bland) & Corr.-SCR 1
(Stoll)
1:30 Transportation- Agriculture,
p.m. SL (Staples) Cons., Parks
& Tourism-SL
(Johnson)
2:00 Financial & Local Gov. & Education-SCR 2
p.m. Gov. Organ. - Economic Dev. - (House)
SL (Clay) SCR 2
(Mathewson)
2:30 Judiciary -
p.m. SL (Schneider)
3:00 Pensions & Insurance &
p.m. General Laws- Housing-SCR 1
SL (Scott) (Jacob)
8:00 Public Health Ways & Means-
p.m. & Welfare- SL (Wiggins)
SL
SL - Senate Lounge
SCR 1 - Senate Committee Room 1, Room 118
SCR 2 - Senate Committee Room 2, Room 119

INTRODUCTIONS OF GUESTS



Senator Clay introduced to the Senate, Christopher Primm, Cape Girardeau.



Senator Bentley introduced to the Senate, Bill Compere and Nicole Peck, Springfield.

On motion of Senator DePasco, the Senate adjourned until 4:00 p.m., Monday, January 10, 2000.