Journal of the Senate

SECOND REGULAR SESSION


TWENTY-EIGHTH DAY--TUESDAY, FEBRUARY 22, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

In a dark time during the period of the Reformation, Martin Luther entered a melancholy mood, to wit his wife Kate put on mourning clothes. When Luther asked her why his wife Kate responded: "Why, I thought that God had died, the way that you've been acting; and so I thought it proper that I should go into mourning."

Gracious God, You know how often we plod along our pathways as though Your house was empty, as though there were no living and loving Father there to care for us, guide us, and shield us with His might and mercy. Help us to have the faith and trust in You that lightens our steps and strengthens our resolve so that we may use the gifts You have given us to complete the work You have given us to do. 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 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
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senators--None
Vacancies--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Quick offered Senate Resolution No. 1241, regarding Travis Cody "T.C." Smith, Holt, which was adopted.

REPORTS OF STANDING COMMITTEES

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 617 and SB 646, 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 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 830, 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 907, 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 942, 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 Schneider, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President: Your Committee on Judiciary, to which was referred SB 914, 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 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 881, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

INTRODUCTION OF BILLS

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

SB 1038-By Caskey.

An Act to repeal section 556.046, RSMo 1994, relating to criminal procedure, and to enact in lieu thereof one new section relating to the same subject.

SB 1039-By Westfall.

An Act to repeal sections 376.421, 376.424, 376.426, 379.930, 379.932, 379.934, 379.936, 379.938, 379.940 and 379.952, RSMo 1994, relating to group health insurance, and to enact in lieu thereof ten new sections relating to the same subject.

THIRD READING OF SENATE BILLS

SB 557, with SCS, introduced by Senator Mueller, entitled:

An Act to amend chapter 99, RSMo, relating to municipal housing by adding thereto one new section relating to additional housing com-missioners in certain political subdivisions.

Was called from the Consent Calendar and taken up.

SCS for SB 557, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 557

An Act to amend chapter 99, RSMo, relating to municipal housing by adding thereto one new section relating to additional housing com-missioners in certain political subdivisions.

Was taken up.

Senator Mueller moved that SCS for SB 557 be adopted, which motion prevailed.

On motion of Senator Mueller, SCS for SB 557 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 821, with SCA 1, introduced by Senator Caskey, entitled:

An Act to amend chapter 50, RSMo, by adding thereto one new section relating to certain county retirement systems.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Caskey, SB 821, as amended, was read the 3rd time and passed by the following vote:

YEAS--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 Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Scott--1
Absent with leave--Senators--None
Vacancies--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Staples assumed the Chair.

SB 746, with SCS, introduced by Senator Johnson, entitled:

An Act to repeal section 320.091, RSMo 1994, relating to fire protection, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 746, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 746

An Act to repeal section 320.091, RSMo 1994, relating to fire protection, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Johnson moved that SCS for SB 746 be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for SB 746 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senators--None
Vacancies--1

The President declared the bill passed.

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

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

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

SB 883, with SCS, introduced by Senator Rohrbach, entitled:

An Act to repeal sections 334.650 and 334.655, RSMo Supp. 1999, relating to physical therapist assistants, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 883, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 883

An Act to repeal section 334.655, RSMo Supp. 1999, relating to physical therapist assistants, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Rohrbach moved that SCS for SB 883 be adopted, which motion prevailed.

On motion of Senator Rohrbach, SCS for SB 883 was read the 3rd time and passed by the following vote:

YEAS--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
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1

The President declared the bill passed.

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

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

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

SB 685, with SCS, introduced by Senator Bland, entitled:

An Act to amend chapter 311, RSMo, by adding thereto one new section relating to liquor control, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCS for SB 685, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 685

An Act to amend chapter 311, RSMo, by adding thereto one new section relating to liquor control.

Was taken up.

Senator Bland moved that SCS for SB 685 be adopted, which motion prevailed.

On motion of Senator Bland, SCS for SB 685 was read the 3rd time and passed by the following vote:

YEAS--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
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1

The President declared the bill passed.

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

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

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

SB 765, with SCS, introduced by Senator Kenney, entitled:

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to license plates.

Was called from the Consent Calendar and taken up.

SCS for SB 765, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 765

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to license plates.

Was taken up.

Senator Kenney moved that SCS for SB 765 be adopted, which motion prevailed.

On motion of Senator Kenney, SCS for SB 765 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 643, introduced by Senator Schneider, entitled:

An Act to repeal sections 448.2-117 and 448.3-106, RSMo 1994, relating to condominium property, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Schneider, SB 643 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Mathewson Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators
Caskey Staples--2
Absent--Senator Maxwell--1
Absent with leave--Senators--None
Vacancies--1

The President declared the bill passed.

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

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

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

SB 836, introduced by Senator Mueller, entitled:

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.

Was called from the Consent Calendar and taken up.

On motion of Senator Mueller, SB 836 was read the 3rd time and passed by the following vote:

YEAS--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
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None
Vacancies--1

The President declared the bill passed.

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

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

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

SB 877, introduced by Senator Sims, entitled:

An Act to amend chapter 9, RSMo, relating to public holidays by adding thereto one new section relating to Missouri lifelong learning month.

Was called from the Consent Calendar and taken up.

On motion of Senator Sims, SB 877 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None
Vacancies--1

The President declared the bill passed.

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

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

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

SB 573, introduced by Senator House, entitled:

An Act to repeal section 163.036, RSMo Supp. 1999, relating to deductions for state school aid over payments, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was called from the Consent Calendar and taken up.

On motion of Senator House, SB 573 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
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--32
NAYS--Senators--None
Absent--Senator Clay--1
Absent with leave--Senators--None
Vacancies--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Rohrbach Russell
Scott Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Clay Jacob Quick Schneider
Staples--5
Absent with leave--Senators--None
Vacancies--1

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

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

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

Senator Mathewson assumed the Chair.

SENATE BILLS FOR PERFECTION

Senator Rohrbach moved that SB 618, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

Senator Bland offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 618, Page 1, Section 217.287, Line 4, by inserting after the word "renegotiate" the following: "but may not extend the term of".

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

Senator Sims offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 618, Page 1, Section 217.287, Line 1, by inserting immediately before said line the following:

"217.015. 1. The department shall supervise and manage all correctional centers, and probation and parole of the state of Missouri.

2. The department shall be composed of the following divisions:

(1) The division of human services;

(2) The division of adult institutions;

(3) The board of probation and parole; and

(4) The division of offender rehabilitative services.

3. Each division may be subdivided by the director into such sections, bureaus, or offices as is necessary to carry out the duties assigned by law.

4. The department shall operate a women offender program to be supervised by a director of women's programs. The purpose of the women offender program shall be to ensure that female offenders are provided a continuum of supervision strategies and program services reflecting best practices for female probationers, prisoners and parolees in areas including but not limited to classification, diagnostic processes, facilities, medical and mental health care, child custody and visitation.

5. There shall be an advisory committee under the direction of the director of women's programs. The members of the committee shall include the director of the office of women's health, the director of the department of mental health or designee and four others appointed by the director of the department of corrections. The committee shall address the needs of women in the criminal justice system as they are affected by the changes in their community, family concerns, the judicial system and the organization and available resources of the department of corrections."; and

Further amend the title and enacting clause accordingly.

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

On motion of Senator Rohrbach, SB 618, as amended, was declared perfected and ordered printed.

Senator Schneider moved that SJR 31, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

Senator Schneider moved that the above amendment be adopted, which motion failed.

At the request of Senator Schneider, SJR 31 was placed on the Informal Calendar.

At the request of Senator Schneider, SB 678 and SB 742, with SCS, were placed on the Informal Calendar.

Senator Schneider moved that SB 599 and SB 531, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 599 and 531, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 599 and 531

An Act to repeal section 143.171, RSMo 1994, and section 143.111, RSMo Supp. 1999, relating to certain income tax deductions, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

Was taken up.

Senator Johnson assumed the Chair.

Senator Schneider moved that SCS for SBs 599 and 531 be adopted.

At the request of Senator Schneider, SB 599 and SB 531, with SCS (pending), were placed on the Informal Calendar.

INTRODUCTION OF BILLS

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

SB 1040-By Caskey.

An Act to repeal sections 143.011, 143.071, 144.021, 144.440, 144.700, 144.701, 163.022, 163.032 and 164.013, RSMo 1994, and sections 137.073, 144.020, 144.190, 162.975, 163.011, 163.021, 163.031, 163.087 and 163.161, RSMo Supp. 1999, relating to funding for public schools, and to enact in lieu thereof fourteen new sections relating to the same subject, with an effective date for a certain section and a referendum clause.

CONCURRENT RESOLUTIONS

Senators Maxwell, Westfall, Graves and Steelman offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 27

WHEREAS, Missouri producers must have readily available markets in order to remain competitive in the agriculture industry; and

WHEREAS, the ongoing trend of consolidation and mergers in American agriculture economy is having an adverse impact on Missouri farmers and ranchers; and

WHEREAS, farmers' and ranchers' concerns are highlighted by the recent court injunction on the purchase of Murphy Family Farms, Inc. assets in Missouri by Smithfield Foods, Inc.; and

WHEREAS, other Midwestern states have raised similar concerns about the same transaction and have received similar court rulings; and

WHEREAS, this transaction is but one example of the level of interest in antitrust issues particularly within the agricultural sector of the economy; and

WHEREAS, competition remains critical for agricultural producers for the inputs they purchase and the products they sell; and

WHEREAS, the absence of competitive markets not only hurts farmers but ultimately will hurt consumers as well; and

WHEREAS, these anti-competitive forces are not targeted at specific states, but are more regional, national and in some cases, international in nature; and

WHEREAS, the Missouri legislature believes Congress, the United States Department of Agriculture and the United States Department of Justice should do more on consolidation and concentration issues in the agricultural sector; and

WHEREAS, in the absence of action by Congress, several state legislatures are pursuing ways to combat the anti-competitive forces currently at work in the agriculture markets; and

WHEREAS, Missouri lawmakers' concerns are heightened by the importance of agriculture to Missouri's rural communities; and

WHEREAS, Missouri lawmakers believe that consolidation and concentration issues of this magnitude demand prompt attention by lawmakers and regulators at the federal level:

NOW THEREFORE BE IT RESOLVED that the members of the Senate of the Ninetieth General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby call upon the 106th Congress of the United States to immediately:

1. Expand the United States Department of Agriculture's role in evaluating agribusiness mergers and acquisitions;

2. Encourage the appointment of an Assistant Attorney General at the Department of Justice with the sole responsibility of handling agriculture mergers and acquisition;

3. Provide additional resources to expand the capability of the Grain Inspection, Packers and Stockyards Administration (GIPSA) to monitor, investigate and pursue the competitive implications of structural changes in the meat packing industry;

4. Support an increase in the staff of the Transportation, Energy and Agriculture section of the Department of Justice;

5. Prohibit the enforcement of confidentiality clauses in livestock production contracts and grain production contracts except to the extent that a legitimate trade secret is being protected;

6. Allow GIPSA to seek reparations for producers when a packer is found to be engaged in predatory or unfair practices;

7. Provide contract poultry growers the same protections as livestock producers by extending the powers of GIPSA to cover live poultry dealers;

8. Authorize a statutory trust for the protection of cash sellers to livestock dealers; and

9. Consider any other measure that will lead to greater competition within the United States' agricultural sector; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Missouri Congressional delegation, the United States Department of Agriculture, and the United States Department of Justice.

REFERRALS

President Pro Tem Quick referred SB 743, with SCA 1, to the Committee on State Budget Control.

MESSAGES FROM THE HOUSE

The following messages were 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 adopted and third read HCR 10:

HOUSE CONCURRENT RESOLUTION NO. 10

WHEREAS, the legislature determines it is advisable to promote uniformity among the methods used by insurers of this state to valuate life insurance policies; and

WHEREAS, the National Association of Insurance Commissioners have adopted model regulations for the valuation of life insurance policies which, if used by insurers in this state, would unify the valuation of life insurance policies in this state; and

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, Second Regular Session, the Senate concurring therein, hereby direct the department of insurance to promulgate regulations governing the valuation of life insurance polices and hereby recommend that the department of insurance adopt the "Valuation of Life Insurance Policies Model Regulation" adopted by the National Association of Insurance Commissioners.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted and third read HCR 17:

HOUSE CONCURRENT RESOLUTION NO. 17

Whereas, Derrick Thomas' immense talent on the football field was matched by his caring and generous spirit in the Kansas City community; and

Whereas, in his eleven year career as a Kansas City Chief, Derrick Thomas established himself as one of the NFL's most dominant defensive players and feared pass rushers, and firmly etched his place in history as one of the Kansas City Chiefs best linebackers; and

Whereas, Derrick Thomas made nine Pro Bowl appearances, the most of any player in the illustrious history of the Kansas City Chiefs; established team career records for sacks, safeties and fumble recoveries during his career; and his twenty sacks in 1990 set a Chiefs single-season mark, with his seven-sack game in 1990 setting an NFL single-game record; and

Whereas, Derrick Thomas was named the Chiefs Most Valuable Player following the 1991 and 1994 seasons, won the 1994 Genuine Heroes Award and received the league's two most prestigious humanitarian awards: the 1993 NFL Man of the Year and the 1995 Byron "Whizzer" White Humanitarian Award for service to team, community and country; and

Whereas, as the son of an Air Force Captain, Derrick Thomas was five years old when his father's plane was shot down while it was returning from a mission in Vietnam on December 17, 1972. With his father declared legally dead in 1980 as a Vietnam MIA, Derrick Thomas had a special relationship with veterans. He delivered the keynote address at the Vietnam Veterans Memorial during the Memorial Day ceremony in 1993 and volunteered regularly at Kansas City's veterans' hospital; and

Whereas, the notable achievements of Derrick Thomas off the football field were equally remarkable to his achievements on the football field. Derrick started an inner-city reading program with his "Third and Long Foundation" ten years ago and as its founder read to children at local libraries each home Saturday during football season; he was the Kansas City Chief's United Way spokesperson; and he was designated by former President George Bush as the "832nd point of light" in the President's Thousand Points of Light campaign:

Now, therefore, be it resolved that the members of the House of Representatives of the Ninetieth General Assembly, Second Regular Session, the Senate concurring therein, do hereby instruct the State Highways and Transportation Commission and the Department of Transportation to take action immediately to name a section of Interstate 70 from Blue Ridge Cut Off at the George Brett Bridge on the west to Highway 291on the east, the "Derrick Thomas Memorial Highway".

Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the State Highways and Transportation Commission and the director of the Department of Transportation.

In which the concurrence of the Senate is respectfully requested.

On motion of Senator DePasco, the Senate recessed until 3:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem Quick.

CONCURRENT RESOLUTIONS

Senator DePasco moved that SCR 25 be taken up for adoption, which motion prevailed.

On motion of Senator DePasco, SCR 25 was adopted by the following vote:

YEAS--Senators
Bland Caskey Childers DePasco
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Steelman
Westfall Wiggins Yeckel--27
NAYS--Senators--None
Absent--Senators
Bentley Clay Ehlmann Jacob
Staples Stoll--6
Absent with leave--Senators--None
Vacancies--1

Senator Klarich moved that SCR 23, with SCA 1, be taken up for adoption, which motion prevailed.

SCA 1 was taken up.

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

Senator Johnson assumed the Chair.

On motion of Senator Klarich, SCR 23, as amended, was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
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--32
NAYS--Senators--None
Absent--Senator Clay--1
Absent with leave--Senators--None
Vacancies--1

SENATE BILLS FOR PERFECTION

Senator Maxwell moved that SB 757 and SB 602, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SCS for SBs 757 and 602 was again taken up.

At the request of Senator Maxwell, SS for SCS for SBs 757 and 602 was withdrawn.

Senator Maxwell offered SS No. 2 for SCS for SBs 757 and 602, entitled:

SENATE SUBSTITUTE NO. 2 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, 566.025, 566.067, 566.068, 573.010, 573.020, 573.025, 573.035, 573.037 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.

Senator Maxwell moved that SS No. 2 for SCS for SBs 757 and 602 be adopted.

Senator Maxwell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 757 and 602, Page 44, Section 660.520, Line 20 of said page, by inserting after the word "staff," the following: "a representative of the family courts,".

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

Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 757 and 602, Page 1, Section A, Line 9, by inserting after all of said line the following:

"182.825. As used in sections 182.825 and 182.827, the following terms mean:

(1) "Harmful to minors", that quality of any description or representation, in whatever form, of nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse, when both:

(a) To the average adult applying contemporary state standards with respect to what is suitable for minors, it both:

a. Appeals to the prurient interest, when taken as a whole. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of fact;

b. Portrays the description or representation in a patently offensive way;

(b) Taken as a whole does not have serious literary, artistic political or scientific value for minors;

(2) "Public access computer", a computer that is:

(a) Located in a public school or public library;

(b) Frequently or regularly used directly by a minor; and

(c) Connected to any computer communi-cation system.

182.827. 1. An elementary or secondary public school that provides a public access computer shall equip the computer with software that seeks to prevent minors from gaining access to material that is harmful to minors or purchase Internet connectivity from an Internet service provider that provides filter services to limit access to material that is harmful to minors. Standards and rules for the enforcement of this subsection shall be prescribed by the governing board of every school district.

2. A public library that provides a public access computer shall do one or both of the following:

(1) Equip the computer with software that will limit minors' ability to gain access to material that is harmful to minors or purchase Internet connectivity from an Internet service provider that provides filter services to limit access to material that is harmful to minors;

(2) Develop and implement by January 1, 2001, a policy that establishes measures to restrict minors from gaining computer access to material that is harmful to minors.

3. The secretary of state shall establish rules and regulations for the enforcement of subsection 2 of this section.

4. Any school board member, officer or employee who willfully neglects or refuses to perform a duty imposed by this section shall be subject to the penalties imposed pursuant to section 162.091, RSMo.

5. A public school or public school board member, officer or employee that complies with subsection 1 or 2 of this section shall not be criminally liable or liable for any damages that might arise from a minor gaining access to material that is harmful to minors through the use of a public access computer that is owned or controlled by the public school or public library."; and

Further amend the title and enacting clause accordingly.

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

Senator Sims offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 757 and 602, Page 15, Section 210.145, Line 1, by inserting the following at the end of said line: "Should the subject child attend a non-public school the chief investigator shall notify the school principal of the investigation.".

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

Senator Rohrbach offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 757 and 602, Page 1, Section A, Line 9, by inserting after all of said line the following:

"208.660. Up to ten percent of any federal funds received pursuant to the provisions of Title XXI of the Social Security Act and up to ten percent of any state funds used to match those federal funds may be used for [outreach] direct services [through the division of medical services] for children's health programs [established through sections 208.631 to 208.657]. The division of medical services [may] shall contract with local public health agencies for purposes of this section. The provisions of this section shall be subject to appropriations. The general assembly shall appropriate funds, as a separate line item appropriation, to the department to implement the provisions of sections 208.631 to 208.660. No fund shall be appropriated to implement the provisions of sections 208.631 to 208.660 from any other source. The department shall not expend any portion of an appropriation for children's health outreach programs unless it is appropriated as a separate line item."; and

Further amend the title and enacting clause accordingly.

Senator Rohrbach moved that the above amendment be adopted.

Senator Maxwell raised the point of order that SA 4 is out of order in that it exceeds the scope of the bill and its title.

The point of order was referred to the President Pro Tem, who ruled it well taken.

President Wilson assumed the Chair.

Senator Johnson assumed the Chair.

Senator Bland offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 757 and 602, Page 14, Section 210.145, Line 13, by inserting after the word "observation." the following: "When the child is reported absent from the residence, the location and the well being of the child shall be verified.".

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

Senator Maxwell moved that SS No. 2 for SCS for SBs 757 and 602, as amended, be adopted, which motion prevailed.

Senator Mathewson assumed the Chair.

On motion of Senator Maxwell, SS No. 2 for SCS for SBs 757 and 602, as amended, was declared perfected and ordered printed.

At the request of Senator Scott, SB 827 was placed on the Informal Calendar.

Senator Schneider moved that SB 642 be taken up for perfection, which motion prevailed.

Senator Scott offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 642, Page 1, Section A, Line 2, by inserting immediately after said line the following:

"103.115. 1. Except as otherwise provided in subsection 2 of this section, any former employee or any surviving spouse who is receiving retirement benefits from the Missouri state employees' retirement system or the transportation department employees' and highway patrol retirement system; or any former administrative law judge or surviving spouse of a former administrative law judge who is receiving retirement benefits pursuant to the provisions of sections 287.812 to 287.856, RSMo[, or sections 476.450 to 476.686, RSMo]; or any former teacher or surviving spouse of a former teacher who elected to remain in the public school retirement system pursuant to the provisions of section 104.342, RSMo, and who is receiving retirement benefits from the public school retirement system and is, or becomes, a member of the Missouri consolidated health care plan or an alternative delivery health care program provided by the board on behalf of the state shall, upon application with the board of trustees, be made, constituted, appointed and employed by the board as a special consultant on the problems of retiree health and, in addition to duties prescribed in section 104.610, RSMo, or any other law, and upon request of the board of trustees, give the board, orally or in writing, a short detailed statement of physical, medical and health problems affecting retirees. As compensation for the extra duty imposed by this [section] subsection, each such special consultant as defined above shall receive, in addition to all other compensation provided by law, an amount contributed toward medical benefits coverage provided by the above-referenced plan or plans as appropriated by law.

2. Notwithstanding the provisions of subsection 1 of this section to the contrary, any person who formerly served in a position described in subsection 1 of section 3 of article XIII of the Missouri Constitution who is receiving retirement benefits from any state retirement plan administered by the Missouri state employees' retirement system by virtue of such previous public service, who is eligible for Medicare benefits, as defined in section 103.089, and is or becomes a member of the Missouri consolidated health care plan or an alternative delivery health care program provided by the board on behalf of the state shall, upon application to the board of trustees, be made, constituted, appointed and employed by the board as a special consultant on the problems of retiree health. In addition to the duties prescribed in section 104.610, RSMo, or any other law, and upon request of the board of trustees, such special consultant shall give the board, orally or in writing, a short detailed statement of physical, medical and health problems affecting retirees. As compensation for the extra duty imposed by this subsection, each such special consultant shall receive, in addition to all other compensation provided by law, medical coverage benefits coordinated with Medicare benefits for participants covered by Part A or Part B, or both, of Medicare benefits, or reduced by an amount determined by the claims administrator to provide a benefit equivalent to the amount which would be provided on a coordination of benefits basis for participants not covered by Part A or Part B, or both, of Medicare benefits."; and

Further amend the title and enacting clause accordingly.

Senator Scott moved that the above amendment be adopted.

Senator Rohrbach requested a roll call vote be taken. He was joined in his request by Senators Kenney, Russell, Scott and Singleton.

SA 1 failed of adoption by the following vote:

YEAS--Senators
Bland DePasco House Jacob
Johnson Mueller Quick Russell
Schneider Scott Stoll Westfall
Wiggins--13
NAYS--Senators
Bentley Caskey Childers Ehlmann
Flotron Goode Graves Kenney
Kinder Klarich Mathewson Maxwell
Rohrbach Sims Singleton Steelman
Yeckel--17
Absent--Senators
Clay Howard Staples--3
Absent with leave--Senators--None
Vacancies--1

On motion of Senator Schneider, SB 642 was declared perfected and ordered printed.

Senator Schneider moved that SB 678 and SB 742, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SBs 678 and 742, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 678 and 742

An Act to repeal sections 56.085, 478.437, 479.150, 516.500, 517.011, 550.120, 621.055, 621.155, 621.165, 621.175, 621.185, 621.189 and 621.198, RSMo 1994, and sections 43.503, 67.133, 303.041, 452.556, 455.040, 455.050, 455.205, 478.320, 482.330, 483.500, 487.030, 514.440, 534.070, 537.675 and 610.105, RSMo Supp. 1999, relating to judicial and administrative procedures, and to enact in lieu thereof twenty-nine new sections relating to the same subject.

Was taken up.

Senator Schneider moved that SCS for SBs 678 and 742 be adopted.

Senator Schneider offered SS for SCS for SBs 678 and 742, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 678 and 742

An Act to repeal sections 56.085, 196.790, 426.220, 426.230, 429.360, 479.150, 512.190, 512.200, 512.210, 512.250, 512.270, 512.280, 512.290, 512.300, 512.310, 512.320, 516.500, 517.011, 534.350, 534.360, 535.110, 541.020, 550.120, 621.055, 621.155, 621.165, 621.175, 621.185, 621.189 and 621.198, RSMo 1994, and sections 43.503, 67.133, 104.312, 303.041, 452.556, 455.040, 455.050, 455.205, 482.330, 483.500, 487.030, 514.440, 534.070, 534.380, 535.030, 537.675 and 610.105, RSMo Supp. 1999, relating to judicial and administrative procedures, and to enact in lieu thereof forty new sections relating to the same subject, with an effective date for certain sections.

Senator Schneider moved that SS for SCS for SBs 678 and 742 be adopted.

At the request of Senator Schneider, SB 678 and SB 742, with SCS and SS for SCS (pending), were placed on the Informal Calendar.

Senator Johnson assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCS for SB 756, 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.

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 22, 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 P. Ford, 1112 Old 63 South, Columbia, Boone County, Missouri 65201, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees, for a term ending February 6, 2004, and until his successor is duly appointed and qualified; vice, Donald Shaikewitz, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 22, 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:

Joseph Mark Goffinet, 301 Chestnut Street, Boonville, Cooper County, Missouri 65233, as a member of the Missouri Board of Examiners for Healing Instrument Specialists, for a term ending January 1, 2004, and until his successor is duly appointed and qualified; vice, V. Dean Brethower, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 22, 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:

Vicki L. Groce, 106 West Market Street, Savannah, Andrew County, Missouri 64485, as a member of the State Advisory Council on Emergency Medical Services, for a term ending January 5, 2004, and until her successor is duly appointed and qualified; vice, Harold Eugene Richardson, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 22, 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:

Arthur E. Hegi, Republican, Redding Drive, Post Office Box 273, Shell Knob, Barry County, Missouri 65747, as a public member of the Clean Water Commission of the State of Missouri, for a term ending April 12, 2002, and until his successor is duly appointed and qualified; vice, Gayleen Jones, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 22, 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:

Ann D. Laird, 32 Enfield Road, St. Louis, St. Louis County, Missouri 63132, as a public member of the State Board of Barber Examiners, for a term ending September 1, 2002, and until her successor is duly appointed and qualified; vice, Jeanette Griffin, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 22, 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:

Debra L. Snoke, Republican, 12015 Northeast 134th Terrace, Kearney, Clay County, Missouri 64060, as a member of the Missouri Commission on Human Rights, for a term ending April 1, 2000, and until her successor is duly appointed and qualified; vice, Jack McCall, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on Pensions and General Laws, submitted the following reports:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 922, 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 Pensions and General Laws, to which was referred SB 910, 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 Pensions and General Laws, to which was referred SB 975, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

Senator DePasco offered Senate Resolution No. 1242, regarding Dr. Clifford A. Jackson, Kansas City, which was adopted.

Senator Howard offered Senate Resolution No. 1243, regarding Dr. Thomas Carter, Poplar Bluff, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1244, regarding Jeremy J. West, St. Peters, which was adopted.

INTRODUCTIONS OF GUESTS

On behalf of Senator Clay and herself, Senator Sims introduced to the Senate, Steve Lipstein, St. Louis.

Senator Howard introduced to the Senate, Greg Williams, Cape Girardeau.

Senator Sims introduced to the Senate, Joy Williams, St. Louis County; and Joy was made an honorary page.

Senator Clay introduced to the Senate, Ms. Ollie Stewart, St. Louis.

Senator Jacob introduced to the Senate, Bill Fountain, Bev Hopkins and fourth and fifth grade students from Higbee Elementary School, Higbee.

Senator Westfall introduced to the Senate, Vicky McGuire, Jean Jordan and Rebecca Dobyns, Monett.

Senator Johnson introduced to the Senate, Wynn Howard, Audrey Howard, Marilyn Robinson, Bill Robinson, Gertie Reeves, Trudy Steele, Joan Gillman, Lucille Hale, Alice Anderson and Mae Duncan, St. Joseph; and Tanya Moore, Rosendale.

Senator Westfall introduced to the Senate, the Physician of the Day, Dr. William Turner, M.D., and Marie Wessley, R.N., Nevada.

Senator Russell introduced to the Senate, Edward and Brad Brown, Lebanon.

Senator Steelman introduced to the Senate, Jennifer Weber, Mokane; and Jennifer was made an honorary page.

Senator Kenney introduced to the Senate, former State Senator Gerald Winship, Independence.

On behalf of Senator Mathewson, the President introduced to the Senate, Zach Crews, Slater; and Doug Kueker, Sweet Springs.

Senator Howard introduced to the Senate, Melissa Emmons, Fisk.

Senator Graves introduced to the Senate, Kristen Curtis, Maysville; and Abby Smith, Chula.

Senator Klarich introduced to the Senate, Gary Banderman, Union.

Senator Maxwell introduced to the Senate, Colleen Griswold, Leonard; and Jesse Heimer, Taylor.

Senator Westfall introduced to the Senate, Josh Worthington, Dadeville.

Senator Singleton introduced to the Senate, Shasta Rentfrow, Seneca.

Senator Kinder introduced to the Senate, Daniel Mothershead, Benton.

Senator Caskey introduced to the Senate, Nancy Hildebrand, Lowry City.

Senator Russell introduced to the Senate, Brandon Uchtman, Fordland.

On behalf of Senator Staples, Senator Johnson introduced to the Senate, David Newman, Myrtle.

Senator Singleton introduced to the Senate, Sarah Duffy, Joplin.

On behalf of Senator Schneider, the President introduced to the Senate, Boy Scout Troop 884, St. Louis County.

Senator Mueller introduced to the Senate, Kirk Reardan, Barnhart; and Kirk was made an honorary page.

On behalf of Senator Ehlmann and himself, Senator House introduced to the Senate, Lisa and Melissa Meyers; Beth, Nick and Drew Weber; Becky, Ben and Nathan Makla; Emily Wheeler; Jason and Kelli Marshall; Karen and Taylor Janous; and Luke Turner, Homeschoolers from Lake St. Louis; and Melissa, Nick, Drew, Ben, Nathan, Emily, Jason, Kelli, Taylor and Luke were made honorary pages.

Senator Childers introduced to the Senate, Curtis Stratman, Jefferson City; Heather Nydegger, Oakville; and Tracia West, Kearney.

Senator Singleton introduced to the Senate,

Patti Davidson, Doug Carnahan and members of the Missouri Southern State College Student Senate.

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