Journal of the Senate

SECOND REGULAR SESSION


TWENTY-NINTH DAY--WEDNESDAY, FEBRUARY 23, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

"Do you not know that I must be about my Father's business?" (Luke 2:49)

Heavenly Father, help us cultivate that sense of "I must!" in all that we do here. Help us in our service to the public, our contributions to the state, our daily service to our fellow men and women we serve with; give us that sense of "divine necessity." Help us see that we are called to do this not as unwilling slaves of a cruel habit, but because Your love for us leaves us no choice - We must because we want to! This we ask in Your Holy Name. 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 KRCG-TV 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.

President Wilson assumed the Chair.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1245, regarding Lois Virginia Stephens Warren, Clinton, which was adopted.

Senator Bland offered Senate Resolution No. 1246, regarding the Paradise Missionary Baptist Church, Kansas City, which was adopted.

Senator Bland offered Senate Resolution No. 1247, regarding the Boys and Girls Clubs of Greater Kansas City and guests Muhammad and Lonnie Ali, which was adopted.

INTRODUCTION OF BILLS

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

SB 1041-By Flotron.

An Act to repeal sections 34.070, 34.073, 37.020 and 575.060, RSMo 1994, and sections 34.040 and 34.046, RSMo Supp. 1999, relating to the office of administration, and to enact in lieu thereof eight new sections relating to the same subject, with penalty provisions.

SB 1042-By Flotron.

An Act to amend chapter 144, RSMo, relating to sales and use taxation by adding thereto one new section relating to bullion and investment coins.

SB 1043-By Mathewson.

An Act to amend chapter 570, RSMo, relating to stealing by adding thereto one new section relating to stealing services, with penalty provisions.

THIRD READING OF SENATE BILLS

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 by Senator Caskey.

On motion of Senator Caskey, SCS for SB 756 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bland Caskey Clay DePasco
Flotron Goode Howard Jacob
Johnson Mathewson Maxwell Mueller
Russell Schneider Scott Sims
Singleton Staples Stoll Wiggins--20
NAYS--Senators
Childers Ehlmann Graves House
Kenney Kinder Klarich Quick
Rohrbach Steelman Westfall Yeckel--12
Absent--Senator Bentley--1
Absent with leave--Senators--None
Vacancies--1

The President 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.

REFERRALS

President Pro Tem Quick referred the Gubernatorial Appointments appearing on pages 299-300 of the Senate Journal for Tuesday, February 22, 2000, to the Committee on Gubernatorial Appointments.

President Pro Tem Quick referred SCR 27, HCR 10 and HCR 17 to the Committee on Rules, Joint Rules and Resolutions.

THIRD READING OF SENATE BILLS

SB 816, introduced by Senator Stoll, entitled:

An Act to repeal section 169.070, RSMo Supp. 1999, relating to the public school retirement system, 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 Stoll, SB 816 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 Stoll, title to the bill was agreed to.

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

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

SB 804, introduced by Senator Yeckel, entitled:

An Act to repeal section 443.415, RSMo Supp. 1999, relating to mortgage insurers, 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 Yeckel, SB 804 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 Yeckel, title to the bill was agreed to.

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

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

SB 727, introduced by Senators Goode and Bentley, entitled:

An Act to repeal section 610.021, RSMo Supp. 1999, relating to records of municipal utilities, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Goode.

On motion of Senator Goode, SB 727 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 Goode, title to the bill was agreed to.

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

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

SB 740, introduced by Senator Wiggins, entitled:

An Act to repeal section 29.230, RSMo Supp. 1999, relating to duties of the state auditor, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Wiggins moved that SB 740 be read the 3rd time and finally passed.

At the request of Senator Wiggins, the above motion was withdrawn.

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 SB 618, 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.

On behalf of Senator Maxwell, Chairman of the Committee on Commerce and Environment, Senator Quick submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 803, 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 Scott, Chairman of the Committee on Pensions and General Laws, Senator Quick submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SJR 53, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

Senator Goode, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President: Your Committee on Appropri-ations, to which was referred HCS for HB 1114, begs leave to report that it has considered the same and recommends that the bill do pass.

SENATE BILLS FOR PERFECTION

Senator House moved that SB 813 be taken up for perfection, which motion prevailed.

Senator House offered SS for SB 813, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 813

An Act to repeal section 85.011, RSMo 1994, relating to discipline of law enforcement officers, and to enact in lieu thereof one new section relating to the same subject.

Senator House moved that SS for SB 813 be adopted.

Senator Childers offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 813, Section 85.011, Page 2, Line 19, by inserting after the period at the end of said line the following: "The state shall reimburse municipalities for any new or increased activities or service beyond that required by existing law as required by Article X, Section 21 of the Missouri Constitution.".

Senator Childers moved that the above amendment be adopted.

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

SA 1 was adopted by the following vote:

YEAS--Senators
Bentley Childers Ehlmann Flotron
Graves Kenney Kinder Klarich
Mathewson Mueller Rohrbach Russell
Sims Singleton Staples Steelman
Westfall Yeckel--18
NAYS--Senators
Bland Caskey Clay DePasco
Goode House Howard Jacob
Johnson Maxwell Quick Schneider
Stoll Wiggins--14
Absent--Senator Scott--1
Absent with leave--Senators--None
Vacancies--1

Senator Singleton offered SA 2, which was read:

SENATE AMENDMENT NO. 2



Amend Senate Substitute for Senate Bill No. 813, Page 2, Section 85.011, Line 17, by inserting before the word "any" the following: "Notwithstanding any provision of law to the contrary,".

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

Senator Goode offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Bill No. 813, Page 2, Section 85.011, Line 14 of said page, by inserting immediately after the word "section" the following: ", or any municipality that has adopted similar written discipline appeal procedures".

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

Senator Russell offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Bill No. 813, Page 2, Section 85.011, Lines 4, 5 and 6, by deleting all of lines 4, 5 and 6 on page 2 and insert in lieu thereof "action. At any such meeting the".

Senator Russell moved that the above amendment be adopted.

Senator Staples assumed the Chair.

Senator House requested a roll call vote be taken on the adoption of SA 4 and was joined in his request by Senators Jacob, Kenney, Kinder and Russell.

SA 4 was adopted by the following vote:

YEAS--Senators
Bentley Childers Ehlmann Flotron
Graves Howard Kenney Kinder
Mueller Rohrbach Russell Scott
Sims Singleton Staples Steelman
Westfall Yeckel--18
NAYS--Senators
Bland Caskey Clay DePasco
Goode House Jacob Johnson
Mathewson Maxwell Schneider Stoll
Wiggins--13
Absent--Senators
Klarich Quick--2
Absent with leave--Senators--None
Vacancies--1

Senator Russell offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Bill No. 813, Section 85.011, Page 1, Lines 10 and 11, by removing the brackets on said lines; and

Further amend said bill, Section 85.011, page 2, lines 16 and 17, by removing the brackets on said lines.

Senator Russell moved that the above amendment be adopted.

At the request of Senator House, SB 813, with SS and SA 5 (pending), was placed on the Informal Calendar.

REFERRALS

President Pro Tem Quick referred SB 618 to the Committee on State Budget Control.

RESOLUTIONS

Senator Schneider offered Senate Resolution No. 1248, regarding Kenneth A. Kleinberg, Bellefontaine Neighbors, which was adopted.

Senator Graves offered Senate Resolution No. 1249, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Dallas Hollenbeck, Bogard, which was adopted.

Senator Graves offered Senate Resolution No. 1250, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Eldon Dreher, Oregon, which was adopted.

Senator Graves offered Senate Resolution No. 1251, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Merrill Greer, Bucklin, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Wiggins introduced to the Senate, Tom McClanahan, Tim Ritz, Pat Zuk, Denny Bush, Jim Berry, Steve Sears, Joe Neenan and members of the St. Elizabeth Cub Scout Troop, Kansas City; and Alex Berry, Colin Cicchetti, Andrew Maggard, Michael McClanahan, Nathan Neenan, William Wesley, Sam Weidman, Alex Bryant, Andrew Bush, Kenny Jenkins, Andrew Leis, David Ritz, Steven Lorenz, Joe O'Neill, Keith Sears, Matthew Weber and Keegan Zuk were made honorary pages.

Senator Howard introduced to the Senate, the Physician of the Day, Dr. Ben Soeter, M.D., and Dr. Kirby Turner, M.D., Poplar Bluff.

On behalf of Senator Westfall and himself, Senator Russell introduced to the Senate, Ron Locke, Roberta Bright and Martha Lewis, Long Lane; Gary Naylor, Judy Hargis, Margaret Matthews, Tony DeTrolio, Darlene Johnson, Charlotte Prater, Ardith Syfert and Jeanie Werner, Buffalo; Dayle Nelson, Louisburg; James Small, Lebanon; and Deanna Stuckey, Tunas.

Senator Mueller introduced to the Senate, Michele Meyer and Jo Curran, St. Louis County.

Senator Maxwell introduced to the Senate, Doug Trembath and Hank Milius, Mexico.

Senator Westfall introduced to the Senate, Leslie Ehnis, Wilma Jean Lower, Josephine Johnson and Leila Ellis, Cedar County.

Senator Sims introduced to the Senate, Midge Crieder, Aranza Winkelman, Mary Beth Shields, Eileen Frese, Deirdre Brown, Cori Darvish, Leslie Foran and Terrie Young, St. Louis County; and Patty Hofer and Jeannie Citerman-Kroeger, St. Louis.

Senator Johnson introduced to the Senate, Monica Bolin, Cindy Hausman, Christina Lund, Nancy Kirby, Patty Waitkoss and Leigh Ann Dunn, St. Joseph.

Senator Westfall introduced to the Senate, Mike Peters and Ann Meuser, Springfield.

Senator Westfall introduced to the Senate, Rob Springer and members of the Aurora High School Band, Aurora.

Senator Wiggins introduced to the Senate, James C. Widen, Kansas City.



Senator Clay introduced to the Senate, former State Senator John Bass, Bessie Reece, Elizabeth Moore, Wilma Chestnut House, Larry and Marilyn Parker, Janice Davis and Ray Campbell, members of Missouri Council of the Blind.

Senator Howard introduced to the Senate, Gary Pogue, Tracy Fish, Jennifer Smith, Darrell Reynolds, Michael Carter, Jessica Hastings and Robert Rowley, Puxico; and Tracy, Jennifer, Darrell, Michael, Jessica and Robert were made honorary pages.

Senator Childers introduced to the Senate, Mary Gandy, Kimberling City; Conor Hall, Crane; Bill Atchison and Richard Brunken, McCord Bend; Lee Young, John C. Hedrick and Tony DeLong, Galena.

Senator Sims introduced to the Senate, Dr. David Kantor, D.O., Dr. Basima Williams, D.O., Dr. Michael Williams, D.O., Dr. Shannon Pedersen, D.O., Dr. Jennifer Hosto, D.O., Dr. Larry Otehan, D.O., Jackie Turner, Dr. Lee Parks, D.O., Dr. Jeff Kerr, D.O., Dr. Mel Saltzman, D.O. and Dr. Allen Weaver, D.O.

Senator Staples introduced to the Senate, Shannon and Mike Ennis, Eminence.

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