Journal of the Senate

SECOND REGULAR SESSION


TWENTY-FIRST DAY--WEDNESDAY, FEBRUARY 9, 2000


The Senate met pursuant to adjournment.

Senator Mathewson in the Chair.

The Reverend Carl Gauck offered the following prayer:

Matthew 5:14: "You are the Light of the world."

Heavenly Father, we pray this day that our lives may be an influence for good and never set a bad example for our fellow citizens. May Your Holy Spirit guide us so that we may truly be a light which leads others to see our "good works", the fruits of our faith and thereby glorify You our Father in Heaven, bringing them to You who will be their God. 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.

Photographers from the Associated Press and the Senate were 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
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senators--None
Vacancies--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Mathewson offered Senate Resolution No. 1189, regarding Herbert Frank Nelson, Jr., Sweet Springs, which was adopted.

Senator Howard offered Senate Resolution No. 1190, regarding True Love Waits, which was adopted.

Senator Kenney offered Senate Resolution No. 1191, regarding Dr. Carl Poe, Lee's Summit, which was adopted.

Senator House offered Senate Resolution No. 1192, regarding St. Louis Embroidery, which was adopted.

Senator House offered Senate Resolution No. 1193, regarding LeRoy and Margie Vogel, Bowling Green, which was adopted.

Senator Westfall offered Senate Resolution No. 1194, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. George Stander, Buffalo, which was adopted.

Senator Steelman offered Senate Resolution No. 1195, regarding the Ninety-fourth Birthday of Thomas R. Coffey, Maries County, which was adopted.

REFERRALS

President Pro Tem Quick referred SCR 25 to the Committee on Rules, Joint Rules and Resolutions.

INTRODUCTION OF BILLS

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

SB 988-By Westfall.

An Act to repeal section 304.022, RSMo Supp. 1999, relating to emergency vehicles, and to enact in lieu thereof one new section relating to the same subject.

SB 989-By Westfall.

An Act to repeal sections 143.011, 143.071, 144.021, 144.440, 144.700, 144.701, 163.022, 163.032, 164.013 and 177.088, RSMo 1994, and sections 137.073, 144.020, 162.081, 163.011, 163.021, 163.031, 163.087, 164.011, 165.011 and 166.131, RSMo Supp. 1999, relating to funding for public schools, and to enact in lieu thereof sixteen new sections relating to the same subject, with an effective date for a certain section and a referendum clause.

SB 990-By Howard and Childers.

An Act to amend chapter 523, RSMo, by adding thereto one new section relating to regulatory taking.

SB 991-By Wiggins and Maxwell.

An Act to repeal section 313.820, RSMo 1994, and sections 313.835 and 313.842, RSMo Supp. 1999, relating to the gaming commission, and to enact in lieu thereof four new sections relating to the same subject.

SJR 54-By Westfall.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 11(b) of article X of the Constitution of Missouri relating to approval of school taxes, and adopting one new section in lieu thereof relating to the same subject.

THIRD READING OF SENATE BILLS

SCS for SB 719, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 719An Act to repeal section 70.500, RSMo Supp. 1999, relating to the Kansas and Missouri Metropolitan Culture District, and to enact in lieu thereof one new section relating to the same subject.

Was taken up by Senator Wiggins.

On motion of Senator Wiggins, SCS for SB 719 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves Howard Jacob
Johnson Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
House Schneider--2
Absent with leave--Senators--None
Vacancies--1

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Quick moved that SJR 47, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Flotron offered SA 2 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Joint Resolution No. 47, Page 1, Line 3, by inserting after the word "questions" the following: "at the same election".

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Childers offered SA 3 to SSA 1 for SA 1:

SENATE AMENDMENT NO. 3 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Joint Resolution No. 47, Page 2, Section 18(f), Line 18, by adding after the word "be" the word "permanently"; and

Further amend said section and page, line 19, by inserting after the word "shall" on said line the word "not"; and further amend said section and page, by inserting after the period "." on line 20 the words "Income earned from the permanent trust fund derived from the".

Senator Childers moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Jacob offered SSA 1 for SA 3 to SSA 1 for SA 1:





SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 3 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Joint Resolution No. 47, Page 3, Section 18(f), Lines 5-6 of said page, by striking the following: "upon two-thirds vote of the members elected to each house,"; and further amend line 7 of said page, by inserting immediately after said line the following:

"Notwithstanding any other provisions of law to the contrary, nothing in this section shall prohibit the general assembly from authorizing the sale of future interest in any settlement proceeds for current valuation. In the event of such authorization, the state treasurer may invest any resulting proceeds as he determines to be reasonably prudent. Subject to the percentages set forth in this section, the general assembly may further limit the appropriation of the moneys in the fund to the earnings resulting from such investment.".

Senator Jacob moved that the above substitute amendment be adopted.

Senator Childers raised the point of order that SSA 1 for SA 3 to SSA 1 for SA 1 is out of order as it is in the third degree.

The point of order was referred to the President Pro Tem.

At the request of Senator Jacob, SSA 1 for SA 3 to SSA 1 for SA 1 was withdrawn, rendering the point of order moot.

SA 3 to SSA 1 for SA 1 was again taken up.

At the request of Senator Quick, SJR 47, with SCS, SS for SCS, SA 1, SSA 1 for SA 1 and SA 3 to SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

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

SB 992-By Sims.

An Act to repeal section 143.124, RSMo Supp. 1999, relating to income tax, and to enact in lieu thereof one new section relating to the same subject.

SB 993-By Maxwell.

An Act to amend chapter 454, RSMo, by adding thereto one new section relating to the support of children.

SB 994-By Flotron.

An Act to amend chapters 32, 105, 161 and 620, RSMo, by adding thereto four new sections relating to technology projects by state agencies.

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 1196, regarding National TRIO Day, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Howard introduced to the Senate, Ms. Timmie Hunter, New Madrid.

Senator Maxwell introduced to the Senate, Whitney, Laef and Jane Morris, Kahoka.

Senator Rohrbach introduced to the Senate, Jeff Wallace and Brandon and LuAnna Perry, Boonville.

Senator Wiggins introduced to the Senate, Tim Truesdale, Charlotte Melson and Sue Frank, Raytown.

Senator Howard introduced to the Senate, Rhonda Middleton, Advance.

On behalf of Senator Bentley and himself, Senator Westfall introduced to the Senate, Dan Schiedel and Tammy Kirks, Springfield.

On behalf of Senator Childers and herself, Senator Bentley introduced to the Senate, Nicole Deffenderfer, Alissa Dougan and Cindy Gregg, Ozark.

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