Journal of the Senate

SECOND REGULAR SESSION


TWENTY-SEVENTH DAY--MONDAY, FEBRUARY 21, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

Psalm 121:1-2: "I will lift up mine eyes unto the hills, from where comes my help? My help comes from the Lord."

Gracious God, as we begin a new week we are mindful of these words of David who was often pressed from every side dealing with the affairs of state as well as his personal difficulties. And as David learned to say with unwavering confidence in worst of times, "...from where is my help to come? My help comes from the Lord," so comes our help when we are stressed and perplexed. It is the Lord who provides wisdom and peace, love and mercy so we may deal with the challenges of this day, this week. Grant us such a confidence in You dear God. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal for Thursday, February 17, 2000, 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
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senators--None
Vacancies--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Graves offered Senate Resolution No. 1228, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Boyd Rondall Baker, Martinsville, which was adopted.

Senator Graves offered Senate Resolution No. 1229, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill Feiden, Cameron, which was adopted.

Senator Graves offered Senate Resolution No. 1230, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Archie L. Smith, Galt, which was adopted.

Senator Graves offered Senate Resolution No. 1231, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Dean Davis, Ravenwood, which was adopted.

Senator Graves offered Senate Resolution No. 1232, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. G. H. Olsen, Winston, which was adopted.

Senator Graves offered Senate Resolution No. 1233, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Maurice Breeden, Chillicothe, which was adopted.

Senator Graves offered Senate Resolution No. 1234, regarding the Sixty-eighth Wedding Anniversary of Mr. and Mrs. Roy Miller, Milan, which was adopted.

Senator Graves offered Senate Resolution No. 1235, regarding the One Hundredth Birthday of Myra Martin, Carrollton, which was adopted.

Senator House offered Senate Resolution No. 1236, regarding William F. Dotson, St. Peters, which was adopted.

Senators House and Rohrbach offered Senate Resolution No. 1237, regarding the death of J. E. "John" Wylie, Jefferson City, which was adopted.

Senator Graves offered Senate Resolution No. 1238, regarding Travis Cody Smith, Holt, which was adopted.

Senator Graves offered Senate Resolution No. 1239, regarding Judith Ann Ross Toops, Marceline, which was adopted.

Senator Yeckel offered Senate Resolution No. 1240, regarding Marion Sims, St. Louis, which was adopted.

INTRODUCTION OF BILLS

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

SB 1031-By Sims.

An Act to repeal section 570.030, RSMo Supp. 1999, relating to stealing, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

SB 1032-By Sims.

An Act to amend chapter 407, RSMo, by adding thereto four new sections relating to merchandising practices.

SB 1033-By Steelman.

An Act to amend chapters 37, 67, 172, 226, 252 and 286, RSMo, by adding thereto six new sections relating to grants and scholarships.

SB 1034-By Steelman.

An Act to repeal section 193.245, RSMo 1994, relating to vital records, and to enact in lieu thereof one new section relating to the same subject.

SB 1035-By Westfall.

An Act to repeal section 91.210, RSMo 1994, relating to municipally owned utilities, and to enact in lieu thereof one new section relating to the same subject.

SB 1036-By Johnson.

An Act to authorize the conveyance of state property located in Buchanan County.

SB 1037-By Bentley.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to political subdivisions.

President Wilson assumed the Chair.

President Pro Tem Quick assumed the Chair.

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 SCR 25, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 23, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Concurrent Resolution No. 23, Page 109 of the Senate Journal for January 18, 2000, Column 1, Line 8, by striking the word "December" and inserting in lieu thereof "April".

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 21, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 1034, 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 SS for SB 576, 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.

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

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 996, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 997, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Mathewson, Chairman of the Com-mittee on Local Government and Economic Development, submitted the following reports:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 894, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 893, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 789, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 842, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 946, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 868, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Trans-portation, to which was referred SB 876, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 725, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 633, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Trans-portation, to which was referred SB 541, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

Senator Maxwell moved that SB 757 and SB 602, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 757 and 602, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 757 and 602

An Act to repeal sections 210.145, 210.152, 210.192, 210.195, 491.074, 566.067, 573.010, 573.020, 573.025, 573.030, 573.035, 573.037, 573.040, 573.050 and 660.520, RSMo 1994, and sections 210.109, 210.115, 210.150 and 559.115, RSMo Supp. 1999, and to enact in lieu thereof nineteen new sections relating to the protection of children, with penalty provisions.

Was taken up.

Senator Maxwell moved that SCS for SBs 757 and 602 be adopted.

Senator Maxwell offered SS for SCS for SBs 757 and 602, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 757 and 602

An Act to repeal sections 210.145, 210.152, 210.192, 210.195, 491.074, 566.067, 573.010, 573.020, 573.025, 573.035, 573.037, 573.050 and 660.520, RSMo 1994, and sections 210.109, 210.115, 210.150 and 559.115, RSMo Supp. 1999, and to enact in lieu thereof eighteen new sections relating to the protection of children, with penalty provisions.

Senator Maxwell moved that SS for SCS for SBs 757 and 602 be adopted.

At the request of Senator Maxwell, SB 757 and SB 602, with SCS and SS for SCS (pending), were placed on the Informal Calendar.

Senator Caskey moved that SB 756, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 756, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 756

An Act to repeal sections 273.327, 273.333 and 273.357, RSMo 1994, relating to animal care facilities, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for SB 756 be adopted.

Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 756, Page 2, Section 273.333, Lines 19-20, by striking the following: "No fee shall be charged for inspections made pursuant to a complaint."; and

Further amend said bill, Page 2, Section 273.357, Line 1, by striking the opening bracket "[" on said line; and further amend said line by striking the following: "] for inspections pursuant to".

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

Senator Caskey moved that SCS for SB 756, as amended, be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 756, as amended, was declared perfected and ordered printed.

Senator House moved that SJR 45 and SJR 41, with SCS, be taken up for perfection, which motion prevailed.

SCS for SJRs 45 and 41, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTIONS NOS. 45 and 41

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.

Was taken up.

Senator House moved that SCS for SJRs 45 and 41 be adopted.

Senator Childers offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Joint Resolutions Nos. 45 and 41, Page 2, Section 26(b), Line 11, by inserting after the word "majority" on said line the following: "of the registered voters in such district".

Senator Childers moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

Senator House requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators Childers, Klarich, Singleton and Staples.

Senator Mathewson assumed the Chair.

SA 1 failed of adoption by the following vote:

YEAS--Senators
Childers Ehlmann Graves Kinder
Klarich Mueller Rohrbach Singleton
Steelman Westfall--10
NAYS--Senators
Bentley Bland Caskey Clay
DePasco Flotron Goode House
Jacob Johnson Kenney Mathewson
Maxwell Quick Russell Schneider
Scott Sims Staples Stoll
Wiggins Yeckel--22
Absent--Senator Howard--1
Absent with leave--Senators--None
Vacancies--1

Senator Johnson assumed the Chair.

Senator Klarich offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Joint Resolutions Nos. 45 and 41, Page 1, In the Title, Lines 2-4, by striking all of said lines and inserting in lieu thereof the following:

"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 an amendment repealing section 4(a) of article X of the Constitution of Missouri relating to property taxation, by adopting in lieu thereof two new sections."; and

Further amend said resolution, Page 1, Preamble, Line 4, by striking the word "amendment" and inserting in lieu thereof the word "amendments to be presented as separate questions"; and further amend the preamble, line 5, by striking "article VI" and inserting in lieu thereof the following: "articles VI and X"; and

Further amend said resolution, Page 2, Section 26(b), Line 11, by inserting after all of said line the following:

"Section B. Section 4(a), article X, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 4(a), to read as follows:

Section 4(a). All taxable property shall be classified for tax purposes as follows: class 1, real property; class 2, tangible personal property; class 3, intangible personal property. The general assembly, by general law, may provide for further classification within classes 2 and 3, based solely on the nature and characteristics of the property, and not on the nature, residence or business of the owner, or the amount owned. Nothing in this section shall prevent the taxing of franchises, privileges or incomes, or the levying of excise or motor vehicle license taxes, or any other taxes of the same or different types. Beginning in any tax year which begins on or after January 1, 2001, the assessed value of property in class 1, excluding any value added by new construction or improvements, owned by any person who is sixty-five years of age or older and who has used that property as a homestead for a period of five years or longer shall not increase during the period of time that person resides on that property after attaining the age of sixty-five years.".

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

At the request of Senator House, SJR 45 and SJR 41, with SCS, as amended (pending), were placed on the Informal Calendar.

President Pro Tem Quick assumed the Chair.

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

February 17, 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:

Donald L. Cupps, One Persimmon Hill Road, Cassville, Barry County, Missouri 65625, as a public member of the County Employees' Retirement Fund Board of Directors, for a term ending January 1, 2004, and until his successor is duly appointed and qualified; vice, RSMo 50.1030.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 17, 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:

Conny K. Dover, Rural Route Six, Box 455, Kirksville, Adair County, Missouri 63501, as a public member of the County Employees' Retirement Fund Board of Directors, for a term ending January 1, 2004, and until her successor is duly appointed and qualified; vice, RSMo 50.1030.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 17, 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:

James W. "Jamie" Graham, 514 South Bradford, T4, Kirksville, Adair County, Missouri 63501, as a member of the Missouri Planning Council for Developmental Disabilities, for a term ending June 30, 2002, and until his successor is duly appointed and qualified; vice, Sue Ann Morrow, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 17, 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:

Charles C. Hill, 1546 South Fairway Avenue, Springfield, Greene County, Missouri 65804, as a member of the Missouri Board for Architects, Professional Engineers, and Professional Land Surveyors, for a term ending August 28, 2003, and until his successor is duly appointed and qualified; vice, Karl Grice, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 17, 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:

Owen D. Lunn, 331 East Locust, Nevada, Vernon County, Missouri 64772, as a member of the Missouri Planning Council for Developmental Disabilities, for a term ending June 30, 2002, and until his successor is duly appointed and qualified; vice, James W. Spradling, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 17, 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:

Donald R. McQuitty, Democrat, 37870 Garland Place, Callao, Macon County, Missouri 63534, as a member of the Linn State Technical College Board of Regents, for a term ending December 29, 2005, and until his successor is duly appointed and qualified; vice, Thomas A. Dinkins III, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 17, 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:

Melva L. Ware, Ph.D., 6348 Washington Avenue, St. Louis, St. Louis County, Missouri 63130, as a member of the Minority

Environmental Literacy Advisory Committee, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Ingrid St. Omer, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 17, 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:

Meriam E. "Beth" Williams, 3101 La Vista Drive, St. Ann, St. Louis County, Missouri 63074, as a member of the Board for Certification of Interpreters, for a term ending June 27, 2000, and until her successor is duly appointed and qualified; vice, Stephen Hamerdinger, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

REFERRALS

President Pro Tem Quick referred SS for SB 576 to the Committee on State Budget Control.

INTRODUCTIONS OF GUESTS

Senator Rohrbach introduced to the Senate, Candice McCarty, Wardsville.

On behalf of Senator Jacob and herself, Senator Sims introduced to the Senate, Jessica Crews, Columbia; and Jessica was made an honorary page.

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