Journal of the Senate

SECOND REGULAR SESSION


ELEVENTH DAY--MONDAY, JANUARY 24, 2000


The Senate met pursuant to adjournment.

Senator Mathewson in the Chair.

The Reverend Carl Gauck offered the following prayer:

Psalm 139:17-18 "How precious also are Thy thoughts unto me, O God! How great is the sum of them! If I should count them, they are more in number than the sand."

Gracious God, after time with our friends and family and time in Your house this weekend, we rejoice knowing the joy and beauty of the blessings we have received. We know that whatever comes into our lives first existed as a thought in Your mind O God, we therefore can deal with whatever comes our way. How undeserved and well adapted are Your blessings for our needs that flow from a Father's love, and because of this we thank You and praise Your Holy Name. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

The Journal for Thursday, January 20, 2000, 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 Mueller Quick
Rohrbach Russell Schneider Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
Absent with leave--Senators
Maxwell Scott--2
Vacancies--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Howard offered Senate Resolution No. 1089, regarding Jennifer Davis, Dudley, which was adopted.

Senator Graves offered Senate Resolution No. 1090, regarding Detlef James "DJ" Merrill, Maryville, which was adopted.

Senator Yeckel offered Senate Resolution No. 1091, regarding Daniel Scott Klages, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1092, regarding Colin Russell Dabbs, St. Louis, which was adopted.

Senator Mueller offered Senate Resolution No. 1093, regarding Mary Ella Jones, Kirkwood, which was adopted.

Senator Mueller offered Senate Resolution No. 1094, regarding Daniel B. Linza, Kirkwood, which was adopted.

Senator Mueller offered Senate Resolution No. 1095, regarding Earl Walker, St. Louis, which was adopted.

Senator Mueller offered Senate Resolution No. 1096, regarding Christine Couch, St. Louis, which was adopted.

Senator Bentley moved that SR 1087 be taken up for adoption, which motion prevailed.

Senator Bentley moved that SR 1087 be adopted.

Senator Caskey offered a substitute motion that SR 1087 be referred to the Committee on Rules, Joint Rules and Resolutions.

Senator Wiggins assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Caskey moved that his substitute motion be adopted.

Senator Bentley requested a roll call vote be taken on the adoption of the substitute motion and was joined in her request by Senators Ehlmann, Flotron, Klarich and Rohrbach.

The substitute motion was adopted by the following vote:

YEAS--Senators
Bland Caskey Childers Clay
DePasco Goode Howard Jacob
Johnson Kenney Mathewson Quick
Russell Schneider Singleton Staples
Stoll Westfall Wiggins--19
NAYS--Senators
Bentley Ehlmann Flotron Graves
House Kinder Klarich Mueller
Rohrbach Sims Steelman Yeckel--12
Absent--Senators--None
Absent with leave--Senators
Maxwell Scott--2
Vacancies--1

Senator Johnson assumed the Chair.

Senator Mathewson assumed the Chair.

The Senate stood in a moment of silence for Kansas City Chiefs Linebacker Derrick Thomas.

INTRODUCTION OF BILLS

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

SB 895-By Staples.

An Act to repeal section 307.173, RSMo Supp. 1999, relating to window tinting of motor vehicles, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 896-By Klarich.

An Act to repeal sections 359.091 and 359.481, RSMo 1994, and sections 347.137, 347.141, 351.482 and 359.451, RSMo Supp. 1999, relating to business organizations, and to enact in lieu thereof six new sections relating to the same subject.

SB 897-By Jacob.

An Act to repeal section 173.250, RSMo 1994, relating to higher education academic scholarship program, and to enact in lieu thereof one new section relating to the same subject.

SB 898-By Bland.

An Act to amend chapter 137, RSMo, by adding thereto one new section relating to homestead exemption for certain persons.

SB 899-By Wiggins, Mueller and Bland.

An Act to amend chapter 407, RSMo, by adding thereto eleven new sections relating to consumer protection for home owners, with penalty provisions.

SB 900-By Wiggins.

An Act to amend chapter 574, RSMo, relating to offenses against public order, by adding thereto one new section relating to the same subject, with penalty provisions.

SB 901-By Flotron, Klarich and Kenney.

An Act to repeal section 208.010, RSMo Supp. 1999, relating to medical assistance, and to enact in lieu thereof one new section relating to the same subject.

SJR 51-By Flotron, House, Yeckel, Ehlmann and Steelman.

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article III of the Constitution of Missouri, by adding thereto one new section relating to powers of the general assembly to appropriate funds received by the state as a result of any legal settlement or award related to tobacco-related products.

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 20, 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:

Harold K. Bengsch, Democrat, 921 West Turner, Springfield, Greene County, Missouri 65803, as a member of the State Board of Health for a term ending October 13, 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 20, 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:

Amy S. Campbell, 102 Marjorie Court, Linn, Osage County, Missouri 65051, as a member of the Child Abuse and Neglect Review Board, for a term ending August 3, 2002, 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 20, 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:

Betty P. Council, 12437 Highway 63 South, Vienna, Maries County, Missouri 65582, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 2002, and until her successor is duly appointed and qualified; vice, Gary Ball, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 20, 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:

Dudley R. Grove, Republican, 1 Loren Woods, St. Louis, St. Louis County, Missouri 63124, as a member of the Coordinating Board for Higher Education, for a term ending June 27, 2004, and until her successor is duly appointed and qualified; vice, Sam B. Cook, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 20, 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:

Janet W. Hunt, 7500 Bull Run, St. Louis, St. Louis County, Missouri 63123, as a member of the Missouri Real Estate Commission, for a term ending October 16, 2003, and until her successor is duly appointed and qualified; vice, Mary E. Kinstler, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 20, 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:

Ricardo D. Jones, 5419 Olive, Kansas City, Jackson County, Missouri 64130, as a Student Representative of the Lincoln University Board of Curators, for a term ending January 1, 2002, and until his successor is duly appointed and qualified; vice, Darren Smith, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 20, 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:

Sandra D. Kauffman, Republican, 620 East 90th Terrace, Kansas City, Jackson County, Missouri 64131, as a member of the Coordinating Board for Higher Education, for a term ending June 27, 2004, and until her successor is duly appointed and qualified; vice, Connie Campbell, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 20, 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:

Amy M. Reinsch, Route 1, Box 106, Loose Creek, Osage County, Missouri 65054, as a Student Representative of the Linn State Technical College Board of Regents, for a term ending January 1, 2002, and until her successor is duly appointed and qualified; vice, Renzi Russell, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 20, 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:

Ronald W. Vessell, 1705 Delta Place, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2002, and until his successor is duly appointed and qualified; vice, Russell E. McCampbell, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem Quick referred the above appointments to the Committee on Gubernatorial Appointments.

REPORTS OF STANDING COMMITTEES

On behalf of Senator Scott, Chairman of the Committee on Pensions and General Laws, Senator Quick submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 549, begs leave to report that it has considered the same and recommends that the bill do pass.

SECOND READING OF SENATE BILLS

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

SB 745--Commerce and Environment.

SB 746--Judiciary.

SB 747--Insurance and Housing.

SB 748--Education.

SB 749--Local Government and Economic Development.

SB 750--Commerce and Environment.

SB 751--Labor and Industrial Relations.

SB 752--Education.

SB 753--Local Government and Economic Development.

SB 754--Ways and Means.

SB 755--Pensions and General Laws.

SB 756--Agriculture, Conservation, Parks and Tourism.

SB 757--Public Health and Welfare.

SB 758--Civil and Criminal Jurisprudence.

SB 759--Financial and Governmental Organi-zation.

SB 760--Local Government and Economic Development.

SB 761--Judiciary.

SB 762--Ways and Means.

SB 763--Aging, Families and Mental Health.

SB 764--Ways and Means.

SB 765--Elections, Veterans' Affairs and Corrections.

SB 766--Education.

SB 767--Pensions and General Laws.

SB 768--Ethics.

SB 769--Civil and Criminal Jurisprudence.

SB 770--Transportation.

SB 771--Insurance and Housing.

SB 772--Financial and Governmental Organi-zation.

SB 773--Civil and Criminal Jurisprudence.

SB 774--Civil and Criminal Jurisprudence.

SB 775--Pensions and General Laws.

SB 776--Judiciary.

SB 777--Education.

SB 778--Financial and Governmental Organi-zation.

SB 779--Agriculture, Conservation, Parks and Tourism.

SB 780--Pensions and General Laws.

SB 781--Commerce and Environment.

SB 782--Civil and Criminal Jurisprudence.

SB 783--Ways and Means.

SB 784--Financial and Governmental Organi-zation.

SB 785--Education.

SB 786--Financial and Governmental Organi-zation.

SB 787--Local Government and Economic Development.

SB 788--Financial and Governmental Organi-zation.

SB 789--Local Government and Economic Development.

SB 790--Pensions and General Laws.

SB 791--Commerce and Environment.

SB 792--Transportation.

SB 793--Transportation.

SB 794--Insurance and Housing.

SB 795--Financial and Governmental Organi-zation.

SB 796--Education.

SB 797--Local Government and Economic Development.

SB 798--Financial and Governmental Organi-zation.

SB 799--Civil and Criminal Jurisprudence.

SB 800--Ethics.

SB 801--Local Government and Economic Development.

SB 802--Local Government and Economic Development.

RESOLUTIONS

Senator Staples offered Senate Resolution No. 1097, regarding the IMPACT Literacy Program, which was adopted.

Senator Clay offered Senate Resolution No. 1098, regarding the death of Hubert Habib "Dickey" Ballentine, St. Louis, which was adopted.



INTRODUCTIONS OF GUESTS

Senator Clay introduced to the Senate, Mary Tyler and Winnie Lippman, St. Louis.

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