Journal of the Senate

SECOND REGULAR SESSION


SEVENTH DAY--MONDAY, JANUARY 17, 2000


The Senate met pursuant to adjournment.

Senator Wiggins in the Chair.

The Reverend Carl Gauck offered the following prayer:

Psalm 90:12 "So teach us to number our days, that we may apply our hearts unto wisdom."

Gracious Lord, You have given us the gift of time so teach us how to use it wisely. As we look over the year ahead of us, help us to set aside generous portions of each week for our families, our deeds of service and especially time with You, our God. Teach us to budget each day so that it may be used efficiently and be fruitful and to this end live life as You would want for us. In Your Holy 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 for Thursday, January 13, 2000, was read and approved.

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

Present--Senators
Bentley Bland Caskey Childers
DePasco Ehlmann Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
Absent with leave--Senators
Clay Flotron Scott--3
Vacancies--1
The Lieutenant Governor was present.


RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1055, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. William Simmons, Independence, which was adopted.

Senator Kenney offered Senate Resolution No. 1056, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill McCurry, Independence, which was adopted.

Senator Graves offered Senate Resolution No. 1057, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Lloyd Piepergerdes, Cameron, which was adopted.

Senator Graves offered Senate Resolution No. 1058, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Stanley Diegelman, Chula, which was adopted.

Senator Graves offered Senate Resolution No. 1059, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. William F. Brady, Brookfield, which was adopted.

Senator Wiggins offered Senate Resolution No. 1060, regarding the death of Bryan Ross "Uncle" Bolden, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1061, regarding the death of Eugene E. Newman, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1062, regarding the death of Martha V. Newman, Raytown, which was adopted.

Senator Graves offered Senate Resolution No. 1063, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Max Kurtz, Holt County, which was adopted.

Senator Graves offered Senate Resolution No. 1064, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Paul Baugher, Cincinnati, Iowa, which was adopted.

Senator Quick offered Senate Resolution No. 1065, regarding the Missouri Society of Eye Physicians and Surgeons, which was adopted.

Senator Kenney offered Senate Resolution No. 1066, regarding Brandon Michael Godinez, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 1067, regarding Jennifer Renee Jones, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1068, regarding the Ray and Rinda Christensen family, Blue Springs, which was adopted.

Senator Wiggins offered Senate Resolution No. 1069, regarding the death of Matthew Christian McGilley, Kansas City, which was adopted.

Senator Westfall offered Senate Resolution No. 1070, regarding David Heusing, Pleasant Hope, which was adopted.

Senator Westfall offered Senate Resolution No. 1071, regarding Tyler Cribbs, Brighton, which was adopted.

Senator Westfall offered Senate Resolution No. 1072, regarding Twyla Voris Stewart, Halfway, which was adopted.

Senator Quick moved that SR 1051 be taken up for adoption, which motion prevailed.

On motion of Senator Quick, SR 1051 was adopted.

INTRODUCTION OF BILLS

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

SB 830-By Caskey.

An Act to repeal section 211.073, RSMo Supp. 1999, relating to juveniles, and to enact in lieu thereof one new section relating to the same subject.

SB 831-By Childers.

An Act to repeal section 301.301, RSMo Supp. 1999, relating to motor vehicle license plate replacement, and to enact in lieu thereof one new section relating to the same subject.

SB 832-By Childers.

An Act to repeal section 301.464, RSMo Supp. 1999, relating to license plates, and to enact in lieu thereof one new section relating to the same subject.

SB 833-By Childers.

An Act to amend chapter 379, RSMo, by adding thereto three new sections relating to motor vehicle insurance.

SB 834-By Kenney.

An Act to amend chapter 301, RSMo, relating to the registration and licensing of motor vehicles by adding thereto one new section relating to Shriners' license plates.

SB 835-By Staples.

An Act to repeal section 307.178, RSMo Supp. 1999, relating to seat belts, and to enact in lieu thereof one new section relating to the same subject.

SB 836-By Mueller.

An Act to repeal section 355.661, RSMo 1994, relating to not-for-profit corporations, and to enact in lieu thereof one new section relating to the same subject.

SB 837-By Wiggins.

An Act to repeal section 347.041, RSMo 1994, and section 347.039, RSMo Supp. 1999, relating to limited liability companies, and to enact in lieu thereof two new sections relating to the same subject.

SB 838-By Bland.

An Act to amend chapter 565, RSMo, relating to offenses against the person by adding thereto one new section relating to the commission on the death penalty.

SB 839-By Jacob.

An Act to amend chapter 196, RSMo, relating to tobacco by adding thereto three new sections relating to the same subject, with a contingent effective date.

SB 840-By Jacob.

An Act to repeal section 32.115, RSMo Supp. 1999, relating to tax credits on workers' compensation tax premiums, and to enact in lieu thereof one new section relating to the same subject.

SB 841-By Jacob.

An Act to repeal sections 304.010 and 304.015, RSMo Supp. 1999, relating to traffic restrictions on trucks, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

SB 842-By Flotron.

An Act to amend chapter 321, RSMo, by adding thereto one new section relating to certain fire protection districts, with an emergency clause.

SB 843-By DePasco.

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to sales tax on food.

SB 844-By Kinder.

An Act to repeal section 589.417, RSMo 1994, relating to registration of sex offenders, and to enact in lieu thereof two new sections relating to the same subject.

SB 845-By Rohrbach.

An Act to repeal section 443.851, RSMo Supp. 1999, relating to mortgage brokers, and to enact in lieu thereof one new section relating to the same subject.

SB 846-By House.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to long term care tax relief.

SB 847-By House.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to tax credits for property taxes.

SJR 49-By Jacob.

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article X of the Constitution of Missouri, relating to taxation by adding thereto one new section relating to the same subject.

President Wilson assumed the Chair.

Senator Wiggins assumed the Chair.

Senator Maxwell delivered the following message:



Tribute to Dr. Martin Luther King

I rise to give tribute to a man who was one of my childhood heroes - a man who had the courage to share his dream - a man who had the capacity to raise the expectation of a generation - a man who had the ability to instill in his community the courage to overcome.

As a young boy, the son of a sharecropper, I vividly recall sitting in my home, a house which was owned by the man whose land my dad farmed, and watching the evening news every night on our black and white RCA TV as it unveiled a new social conscience as voiced by Dr. Martin Luther King. A conscience, which spoke of his hopes and dreams for the next generation, my generation.

Dr. King, in his speech at the Lincoln Memorial, August 1963, surrounded by over a quarter million Americans, spoke the following words:

"I have a dream that one day…little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers."

And that's what's at the heart of all social movements - making sure our children have a better world to live in. Making sure they have opportunities that we could only imagine.

That's why Dr. King and his followers marched on Washington. That's why the women of the suffrage movement gathered in Seneca Falls. And that's why our veterans camped outside of the White House. To make the world a better place for their children.

I know that my two children-Megan and Shannen - are on my mind every time I enter this distinguished chamber and vote or establish an agenda. And I know that everyone here in this room thinks of their families, their communities, and this great state when they vote or make a decision about where we are going.

And this is why we all need to be continuously asking ourselves - have we done all we can to make this a better world for our children, the next generation? Have we done all we can to fulfill Dr. King's vision of a society where our children are judged, not on the color of their skin but the content of their character? This is a question I ask myself every day I enter this chamber. And it's a question we must answer every time we debate our state's future as we face a new decade, a new century, and a new millennium. Are we doing everything we can to make this a better place for our children, the next generation? To keep this dream alive we must do more.

Poverty does not discriminate, hunger knows no bias, homelessness is not prejudice, and to keep Dr. King's dream alive, we must not either. We must do better for all of our children. We need to ensure that all of our children have access to quality health care, that they are allowed to attend safe schools, and that they have the right to be all that they can be, their God given right, their inalienable right to be all they can be.

So today we honor Martin Luther King. Not just for his efforts on behalf of African-Americans, but for all of our nation. Not just for his strides in the area of civil rights. And not just because we lost this man far too early in life. We honor him today because we also honor our children. And because we hope that their future will continue to be one in which children of all colors, races and creeds can come together, hand in hand. Let us work together to raise the expectations of the next generation, as Dr. King did for my generation.



MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

Rudy J. Arredondo, 8447 Jarboe, Kansas City, Jackson County, Missouri 64114, as a Student Representative of the Truman State University Board of Governors, for a term ending January 1, 2002, and until his successor is duly appointed and qualified; vice, Jessica Neighbors, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

Patrick R. Brady, Democrat, 1025 Greenway Terrace, Kansas City, Jackson County, Missouri 64113, as a member of the Missouri Health Facilities Review Committee, for a term ending January 1, 2002, and until his 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

January 13, 2000

TO THE SENATE OF THE 90th 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:

Henry E. Clabaugh, Republican, 1948 Rustic Oak, Chesterfield, St Louis County, Missouri 63017, as a member of the Missouri Real Estate Appraisers Commission, for a term ending September 12, 2002, and until his 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

January 13, 2000

TO THE SENATE OF THE 90th 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:

Susan L. Constance, Republican, 3247 Longfellow Boulevard, St. Louis City, Missouri 63104, as a member of the Missouri Development Finance Board, for a term ending September 14, 2003, 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

January 13, 2000

TO THE SENATE OF THE 90th 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:

Taylor C. Crouse, 14440 State Route DD, Savannah, Andrew County, Missouri 64485, as a Student Representative of the Missouri Western State College Board of Regents, for a term ending January 1, 2002, and until his successor is duly appointed and qualified; vice, Kerri Clark, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

Brett S. Doennig, 306 Pleasant, Monett, Barry County, Missouri 65708, as a Student Representative of the Missouri Southern State College Board of Regents, for a term ending January 1, 2002, and until her successor is duly appointed and qualified; vice, Christin Mathis, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

Thomas J. Garnett, Republican, 319 Northmoor Drive, Ballwin, St. Louis County, Missouri 63011, as a member of the Missouri Real Estate Appraisers Commission, for a term ending September 12, 2002, and until his 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

January 13, 2000

TO THE SENATE OF THE 90th 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:

Matthew A. Hackett, 10416 South Gibson Road, Lone Jack, Jackson County, Missouri 64070, as a Student Representative of the Northwest Missouri State University Board of Regents, for a term ending January 1, 2002, and until his successor is duly appointed and qualified; vice, Karen Barmann, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

John William Jermyn, D.O., 1235 South Williams, Moberly, Randolph County, Missouri 65270, as a member of the State Advisory Council on Emergency Medical Services, for a term ending January 5, 2004, and until his successor is duly appointed and qualified; vice, Brian Robb, D.O., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

Larry J. Lovejoy, D.C., 2910 Countyline Road, St. Joseph, Buchanan County, Missouri 64506, as a member of the Missouri State Board of Chiropractic Examiners, for a term ending January 1, 2005, and until his 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

January 13, 2000

TO THE SENATE OF THE 90th 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:

Andre' L. May, 5421 Vera Avenue, St. Louis City, Missouri 63115, as a Student Representative of the Harris-Stowe State College Board of Regents, for a term ending January 1, 2002, and until his 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

January 13, 2000

TO THE SENATE OF THE 90th 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:

Douglas S. McDermott, 211 Fir Street, Desloge, St. Francois County, Missouri 63601, as a Student Representative of the Southeast Missouri State University Board of Regents, for a term ending January 2, 2002, and until his successor is duly appointed and qualified; vice, Timothy P. Arbeiter, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

Whitney N. Morris, Rural Route 2, Box 63 M, Kahoka, Clark County, Missouri 63445, as a Student Representative of the Southwest Missouri State University Board of Governors, for a term ending January 1, 2002, and until her successor is duly appointed and qualified; vice, Laura C. Berlin, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

Stephen T. Sugg, 903 North Main, Carrollton, Carroll County, Missouri 64633, as a Student Representative of the University of Missouri Board of Curators, for a term ending January 1, 2002, and until his successor is duly appointed and qualified; vice, Sarah Welch, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 13, 2000

TO THE SENATE OF THE 90th 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:

Erin E. Wilson, 3812 Berrywood Drive, Columbia, Boone County, Missouri 65201, as a Student Representative of the Central Missouri State University Board of Regents, for a term ending January 1, 2002, and until her successor is duly appointed and qualified; vice, Stacy Tucker, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

SECOND READING OF SENATE BILLS

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

SB 532--Civil and Criminal Jurisprudence.

SB 700--Pensions and General Laws.

SB 701--Public Health and Welfare.

SB 703--Financial and Governmental Organi-zation.

SB 704--Civil and Criminal Jurisprudence.

SB 705--Agriculture, Conservation, Parks and Tourism.

SB 706--Judiciary.

SB 707--Civil and Criminal Jurisprudence.

SB 708--Civil and Criminal Jurisprudence.

SB 709--Labor and Industrial Relations.

SB 710--Ways and Means.

SB 711--Transportation.

SB 712--Local Government and Economic Development.

SB 713--Civil and Criminal Jurisprudence.

SB 714--Labor and Industrial Relations.

SB 715--Civil and Criminal Jurisprudence.

SB 716--Ways and Means.

SB 717--Ethics.

SB 718--Ethics.

SB 719--Ways and Means.

SB 720--Commerce and Environment.

SB 721--Local Government and Economic Development.

SB 722--Civil and Criminal Jurisprudence.

SB 723--Commerce and Environment.

SB 724--Local Government and Economic Development.

SB 725--Transportation.

SB 727--Financial and Governmental Organi-zation.

SB 728--Transportation.

SB 729--Education.

SB 730--Elections, Veterans' Affairs and Corrections.

SB 731--Elections, Veterans' Affairs and Corrections.

SB 732--Civil and Criminal Jurisprudence.

SB 733--Local Government and Economic Development.

SB 734--Labor and Industrial Relations.

SB 735--Commerce and Environment.

SB 736--Public Health and Welfare.

SB 737--Civil and Criminal Jurisprudence.

SB 738--Elections, Veterans' Affairs and Corrections.

SB 739--Insurance and Housing.

SB 740--Financial and Governmental Organi-zation.

SB 741--Appropriations.

SB 742--Judiciary.

SB 743--Ways and Means.

SB 744--Aging, Families and Mental Health.

SJR 47--Pensions and General Laws.

President Pro Tem Quick re-referred SB 618 to the Committee on Elections, Veterans' Affairs and Corrections.

COMMUNICATIONS

President Pro Tem Quick submitted the following:

January 17, 2000

Senator Stephen M. Stoll

Missouri Senate

State Capitol, Room 429

Jefferson City, MO 65101

Dear Senator Stoll:

It is my pleasure to appoint you to serve on the Missouri Children's Services Commission (pursuant to Section 210.101, RSMo 1994) to fill the vacancy created by the resignation of Senator J. B. "Jet" Banks. You will be serving on this Commission along with Senator J. T. Howard, Senator Roseann Bentley, Senator Betty Sims, Speaker Steve Gaw, Representative Vicky Riback Wilson, Representative Mary Kasten and Representative Emmy McClelland.

If you have any questions, please do not hesitate to contact me.

Sincerely,

/s/ Edward E. Quick

Edward E. Quick

President Pro Tem

INTRODUCTIONS OF GUESTS

Senator Rohrbach introduced to the Senate, Mark Moore, St. Louis.

On behalf of Senator Caskey, the President introduced to the Senate, Missouri State Girls Golf Champion, Mindy Bullard and her family, George, Bonnie and Brent Bullard and Esther Hines, Warrensburg; and Carleigh and Margo Smith, Jennifer and Mary DeVries and Ali and Gina Gable, Warrensburg.

Senator Jacob introduced to the Senate, Skip Elkin, Pete Herring, John Schloop, Terry Frazee, Carl South, John Darby, Shawn Grove, Cheri Reisch and Vikki Salerno, Hallsville; Lynn Behrns and Daniel Hamilton, Centralia; and Sgt. Lester Elder, Missouri State Highway Patrol.



On motion of Senator DePasco, the Senate adjourned under the rules.