Journal of the Senate

SECOND REGULAR SESSION


EIGHTEENTH DAY--THURSDAY, FEBRUARY 3, 2000


The Senate met pursuant to adjournment.

Senator Staples in the Chair.

The Reverend Carl Gauck offered the following prayer:

1Timothy 4:8 "Godliness is profitable unto all things, having promise of the life that now is and of that which is to come."

Almighty and ever living God, as we close off another week of service in this place, we return home mindful that not all of the rewards of the life of faith lie on the other side of the grave. We have many of these rewards both here and now in this life; many which are intangible but precious and some very tangible and loving to behold and for which we are most thankful. Help us recognize these most profitable gifts of the life of faith and celebrate the pure joy of them with those we love. 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.

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 Staples Steelman Stoll
Westfall Wiggins Yeckel--31
Absent with leave--Senators
Scott Singleton--2
Vacancies--1

RESOLUTIONS

Senator Steelman offered Senate Resolution No. 1158, regarding the One Hundredth Birthday of Daniel O'Madigan Kennedy, Rolla, which was adopted.

Senator Howard offered Senate Resolution No. 1159, regarding Dean and Lindola Noe, Malden, which was adopted.

Senator Kinder offered Senate Resolution No. 1160, regarding Larry DeWitt, Sikeston, which was adopted.

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

SENATE RESOLUTION NO. 1161

WHEREAS, the 15th Annual Governor's Cup Basketball Game was held on February 1, 2000, at the Lewis & Clark Middle School Gymnasium in Jefferson City, Missouri; and

WHEREAS, all proceeds raised by the Governor's Cup Basketball Game benefitted the Missouri Special Olympics; and

WHEREAS, the Capitol "Domes" are the 2000 champions of the annual event with their victory over the Fort Leonard Wood "Hilltoppers" by a score of 98 to 97; and

WHEREAS, the Capitol "Domes" emerged victorious due to the valiant efforts of each and every member of the team including: Senator John Schneider; Representatives Gracia Backer, Martin Hohulin, Craig Hosmer, Ryan McKenna, Wes Wagner, and Mark Wright; and players Drue Duncan, Jim Farrell, Jon Hagler, David Smith and Dennis Smith; and

WHEREAS, Senator John Schneider scored two points, and thus the winning two points; and

WHEREAS, the tremendous coaching skills of Attorney General Jay Nixon and Senator Steve Ehlmann also ensured victory of the Capitol "Domes"; and

WHEREAS, the enthusiasm given by the fabulous Senate cheerleaders, including Senators Roseann Bentley, Betty Sims, Anita Yeckel and cheerleading coach Mary Groves Bland provided the necessary energy which cinched the "Domes'" success:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, Ninetieth General Assembly, Second Regular Session, hereby join unanimously in congratulating the Capitol "Domes" for their amazing basketball victory; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for each member of the Capitol "Domes" basketball team.

Senator Wiggins offered Senate Resolution No. 1162, regarding the death of Mary Louise Schugel, Overland Park, Kansas, which was adopted.

CONCURRENT RESOLUTIONS

Senator Bentley offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 24

WHEREAS, families are an important institution in this nation and in the state of Missouri; and

WHEREAS, the role that parents play in a child's life is important and the time that parents spend with children is crucial to the future of our society; and

WHEREAS, since 1965, the amount of time that parents spend with their children has dropped forty percent; and

WHEREAS, a 1993 study found that sixty-six percent of adults surveyed nationwide wanted to spend more time with their children; and

WHEREAS, in 1960, less than nineteen percent of married women were in the workforce who had a spouse present and children less than six years of age, yet today, more than sixty percent of such women are in the workplace; and

WHEREAS, currently, seventy-six percent of mothers with school-age children are in the workforce; and

WHEREAS, inflexible work schedules conflict with school hours, day care arrangements and family emergencies; and

WHEREAS, working parents, especially working mothers, require flexible working schedules so that they can take the time to tend to their children's needs; and

WHEREAS, federal law allows public employees to have flexible working schedules, so that such employees can balance the needs of work and family; and

WHEREAS, federal law prohibits employees in the private sector from having flexibility in work schedules which public employees currently enjoy; and

WHEREAS, in the interest of creating equity between private and public sector employment, and in the interest of promoting the importance of family obligations in our society, private sector employees should be allowed to have flexibility in their work schedules in order to meet their family and personal obligations; and

WHEREAS, such flexibility can be established by allowing employees to opt for paid flexible leave; and

WHEREAS, paid flexible leave would allow a private sector employee to choose to work hours in addition to a forty-hour work week, and use those extra hours as compensatory time for a shorter, future work week. Such flexibility could be met by allowing an employee to work eighty hours over a two-week period in any combination that the employee wishes, or by allowing the employee to take time-and-a-half off instead of time-and-a-half pay for any overtime hours worked. The decision to work a flexible schedule would be solely at the option of the employee, not the employer; and

WHEREAS, federal law prohibits such flexibility at the option of the private sector employee:

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the Second Regular Session of the Ninetieth General Assembly, the House of Representatives concurring therein, that we respectfully urge the Congress of the United States to address this important issue by enacting legislation which would allow private sector employees to be able to choose paid flexible leave as set forth in this resolution; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution to be transmitted forthwith to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and to each member of the Missouri Delegation of Congress.

INTRODUCTION OF BILLS

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

SB 955-By Mathewson, Maxwell and Howard.

An Act to repeal section 192.005, RSMo 1994, and section 660.050, RSMo Supp. 1999, relating to the department of health, and to enact in lieu thereof two new sections relating to the same subject.

SB 956-By Flotron and Goode.

An Act to repeal section 144.062, RSMo Supp. 1999, relating to certain sales tax exemptions, and to enact in lieu thereof one new section relating to the same subject.

SB 957-By Johnson and Quick.

An Act to repeal sections 205.969, 205.970, 205.971, 205.972 and 205.973, RSMo 1994, and section 205.968, RSMo Supp. 1999, relating to sheltered workshops, and to enact in lieu thereof six new sections relating to the same subject, with an emergency clause.

SB 958-By Sims.

An Act to amend chapter 135, RSMo, relating to tax relief for research and development by adding thereto one new section relating to the same subject.

SB 959-By Howard.

An Act to amend chapters 187 and 660, RSMo, by adding thereto four new sections relating to in-home care for the elderly.

SB 960-By Howard and Maxwell.

An Act to repeal section 569.140, RSMo 1994, relating to trespassing, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

SB 961-By Stoll and Maxwell.

An Act to repeal section 173.239, RSMo Supp. 1999, relating to educational assistance for members of the Missouri national guard, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

SB 962-By Bentley.

An Act to repeal section 367.515, RSMo Supp. 1999, relating to title loans, and to enact in lieu thereof one new section relating to the same subject.

SB 963-By Kenney.

An Act to repeal section 407.020, RSMo Supp. 1999, relating to telemarketing practices, and to enact in lieu thereof nine new sections relating to the same subject.

SB 964-By Jacob.

An Act to repeal sections 375.014, 375.016, 375.017, 375.018, 375.019, 375.020, 375.021, 375.025, 375.027, 375.071, 375.076, 375.081, 375.086, 375.091, 375.096, 375.101, 375.106, 375.116, 375.126 and 375.141, RSMo 1994, and section 375.022, RSMo Supp. 1999, relating to insurance producers, and to enact in lieu thereof seventeen new sections relating to the same subject, with an effective date.

SB 965-By Childers.

An Act to amend chapter 137, RSMo, relating to ad valorem taxes by adding thereto two new sections relating to the same subject.

SB 966-By Kinder.

An Act to amend chapter 414, RSMo, relating to fuel regulation and conservation by adding thereto one new section relating to requiring the sale of ethanol in certain areas.

SB 967-By Maxwell.

An Act to repeal section 536.016, RSMo Supp. 1999, relating to administrative rules, and to enact in lieu thereof one new section relating to the same subject.

SB 968-By Maxwell.

An Act to repeal sections 381.011, 381.021, 381.041, 381.051, 381.061, 381.081, 381.091, 381.101, 381.111, 381.121, 381.131, 381.141, 381.151, 381.161, 381.171, 381.181, 381.191, 381.201, 381.211, 381.221 and 381.241, RSMo 1994, and sections 381.031, 381.231, 381.410 and 381.412, RSMo Supp. 1999, relating to the Missouri title insurance act, and to enact in lieu thereof thirty-six new sections relating to the same subject, with penalty provisions and an effective date.

REPORTS OF STANDING COMMITTEES

Senator DePasco, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SS for SB 549, 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 SR 1106, begs leave to report that it has considered the same and recommends that the resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 1035, begs leave to report that it has considered the same and recommends that the resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of SB 674, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Senator Mathewson assumed the Chair.

THIRD READING OF SENATE BILLS

Senator Quick requested unanimous consent of the Senate to suspend the rules for the purpose of 3rd reading and final passage of SS for SB 549, which request was granted.

SS for SB 549, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 549

An Act to amend chapter 196, RSMo, by adding thereto one new section relating to the establishment of the Missouri tobacco settlement trust fund, with an emergency clause.

Was taken up.

On motion of Senator Quick, SS for SB 549 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode House Howard Jacob
Johnson Kenney Klarich Mathewson
Maxwell Quick Rohrbach Russell
Schneider Sims Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senator Kinder--1
Absent--Senator Graves--1
Absent with leave--Senators
Mueller Scott Singleton--3
Vacancies--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode House Howard Jacob
Johnson Kenney Klarich Mathewson
Maxwell Quick Rohrbach Russell
Schneider Sims Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senator Kinder--1
Absent--Senator Graves--1
Absent with leave--Senators
Mueller Scott Singleton--3
Vacancies--1

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

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

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

REPORTS OF STANDING COMMITTEES

Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred SB 719, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which were referred SB 934, SB 546, SB 578, SB 579 and SB 782, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On behalf of Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, Senator Staples submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which were referred SB 867 and SB 552, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Staples, Chairman of the Committee on Transportation, submitted the following report:

Mr. President: Your Committee on Transportation, to which was referred SB 610, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 576, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Johnson, Chairman of the Committee on Public Health and Welfare, submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which were referred SB 757 and SB 602, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 756, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator House, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which were referred SJR 45 and SJR 41, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Stoll, Chairman of the Committee on Elections, Veterans' Affairs and Corrections, submitted the following report:

Mr. President: Your Committee on Elections, Veterans' Affairs and Corrections, to which was referred SB 618, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 618, Page 1, Section 217.287, Line 3, by inserting after the word "parties." the following: "Notwithstanding the foregoing, the contract may require that the contractor pay the state an amount not to exceed the state's cost for wiring and equipment necessary to provide the service in a safe and secure manner, as well as the salaries of personnel necessary to monitor inmate telephone calls.".

Senator Quick, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Katharine Fincham, Laura R. Webster, Gary F. Toelke and Dennis D. Martin, as members of the Peace Officer Standards and Training Commission;

Also,

Maria I. Gomez, as a member of the Child Abuse and Neglect Review Board;

Also,

Alexander G. Garza, as a member of the Committee for 911 Service Oversight;

Also,

Lillian D. Eunice, as a member of the Commission on the Special Health, Psychological and Social Needs of Minority Older Individuals;

Also,

Deborah M. Horton, as a member of the Missouri Planning Council on Development Disabilities;

Also,

E. Thomas Copeland, Jr., as a member of the State Committee of Psychologists;

Also,

Norma J. Stack, as a member of the Linn State Technical College Board of Regents;

Also,

Natalie R. Anderson, as a member of the State Advisory Council on Emergency Medical Services;

Also,

Gale S. Kessler, as Executive Director of the Missouri Women's Council;

Also,

Robert S. Arnold, as a member of the Missouri Emergency Response Commission;

Also,

Erin E. Wilson, as a student representative of the Central Missouri State University Board of Governors;

Also,

Diedra C. Thompson and Teresa J. Finn, as members of the Organ Donation Advisory Committee;

Also,

Joseph J. Frank, as a member of the Missouri Veterans' Commission;

Also,

Jane L. VanSant, as a public member and Francis T. H'Doubler, Jr., as a member of the Missouri Acupuncturist Advisory Committee;

Also,

Gary D. Collins, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund;

Also,

Dale Reesman, as a member of the Missouri State Employees Voluntary Life Insurance Commission;

Also,

Denis H. Agniel, Richard D. Lee and Cranston J. Mitchell, as members of the Board of Probation and Parole;

Also,

Jack H. Williams, Herbert W. Martin and Jack D. Atterberry, as members of the Workers' Compensation Determinations Review Board;

Also,

Herbert E. Hardwick, as a member of the Kansas City Area Transportation Authority;

Also,

George S. Reuter, Jr., as a public member and Cynthia R. Ballentine, as a member of the Missouri Board of Occupational Therapy;

Also,

Larry G. Foster, Ida B. Cox, Elizabeth M. "Betty" Linke and Lowell F. Mohler, as members of the State Fair Commission;

Also,

George E. Walley, Jr., and Susan B. Musgrave, as members of the Mississippi River Parkway Commission;

Also,

Paul E. Lineberry, as a public member of the State Board of Nursing;

Also,

Ted A. Smith, as a member of the Land Reclamation Commission.

Senator Quick requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Quick moved that the committee reports be adopted and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

SENATE BILLS FOR PERFECTION

Senator Quick moved that SJR 47, with SCS, be taken up for perfection, which motion prevailed.

SCS for SJR 47, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION NO. 47

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article X of the Constitution of Missouri, by adding thereto one new section relating to the disposition of tobacco settlement funds.

Was taken up.

Senator Quick moved that SCS for SJR 47 be adopted.

Senator Quick offered SS for SCS for SJR 47, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION NO. 47

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article X of the Constitution of Missouri, by adding thereto one new section relating to the disposition of tobacco settlement funds.

Senator Quick moved that SS for SCS for SJR 47 be adopted.

Senators Klarich and Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Joint Resolution No. 47, Page 1, In the Preamble, Line 5 of said page, by striking the word "amendment" and inserting in lieu thereof the following: "amendments to be presented as separate questions"; and further amend line 6 of said page, by inserting after the word "Missouri" the following: "and the amendment receiving the greater majority of votes cast for adoption shall supersede"; and

Further amend said resolution, Page 3, Section B, Line 3 of said page, by inserting after all of said line the following:

"Section C. Article X, Constitution of Missouri, is amended by adding thereto one new section, to be submitted to the voters as a separate question, to be known as section 18(f), to read as follows:

Section 18(f). All moneys received by the state of Missouri which are the proceeds of any award or settlement resulting from a final order in any dispute between the state of Missouri and any company which manufactures, sells or promotes tobacco or tobacco products shall be deposited into the Missouri tobacco settlement trust fund, and shall be included in "total state revenues" as defined in section 17 of this article. Revenue which may not be refunded shall be used exclusively as follows: 60 percent for health care associated with tobacco and tobacco related illness, and health research and development; 20 percent for smoking and substance abuse initiatives, and 20 percent to the Emergency Budget Reserve Fund to address state emergencies, natural disasters and budget deficits.

Section D. Pursuant to section 116.155 RSMo, the ballot title shall be:

"Shall the tobacco settlement proceeds be included in total state revenue and subject to constitutional revenue limitations. Revenue which may not be refunded shall be used exclusively as follows: 60 percent for health care associated with tobacco and tobacco related illness, and health research and development; 20 percent for smoking and substance abuse initiatives, and 20 percent to the Emergency Budget Reserve Fund to address state emergencies, natural disasters and budget deficits?"

Pursuant to section 116.155, RSMo, the fiscal note summary shall be:

"Approval of this ballot measure may result in increased revenues of a projected maximum of one hundred fifty-eight million dollars per year to one hundred ninety million dollars per year at no cost to taxpayers which shall be subject to constitutional revenue limitations." ".

Senator Klarich moved that the above amendment be adopted.

At the request of Senator Quick, SJR 47, with SCS, SS for SCS and SA 1 (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

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

SB 969-By Wiggins and Childers.

An Act to amend chapter 622, RSMo, relating to railroads by adding thereto one new section relating to limited liability in rail accidents involving special passenger trains.

MESSAGES FROM THE HOUSE

The following message was received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HJR 43, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 26(b) of article VI of the Constitution of Missouri, relating to school district bond elections and adopting one new section in lieu thereof relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTIONS OF GUESTS

Senator Westfall introduced to the Senate, Kristen Bocks, Lockwood; and Kristen was made an honorary page.

Senator Bentley introduced to the Senate, Christine White, Springfield.

Senator Johnson introduced to the Senate, Lyndi Hicks, Bolckow.

Senator Rohrbach introduced to the Senate, Jenell Franken, Tipton.

Senator Howard introduced to the Senate, Jessica Simpson, Portageville; and Jennifer Keene, Clarkton; and Jennifer was made an honorary page.

Senator Steelman introduced to the Senate, Kristen Hill, Chamois.

On behalf of Senator Scott, the President introduced to the Senate, Joyce Bauer, Joe Daniels, Heather Carroll and Angie Skillman, St. Louis; and Joyce, Joe, Heather and Angie were made honorary pages.

Senator Westfall introduced to the Senate, Robert Carty and Renee Meents, Lockwood; and Robert was made an honorary page.

Senator Rohrbach introduced to the Senate, the Physician of the Day, Dr. Robert Power, M.D., Jefferson City.

On motion of Senator DePasco, the Senate adjourned until 4:00 p.m., Monday, February 7, 2000.