Journal of the Senate

SECOND REGULAR SESSION

THIRTY-FIFTH DAY--MONDAY, MARCH 6, 2000

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

"The ransomed of the Lord shall return...with songs and everlasting joy upon their heads; they shall obtain joy and gladness, and sorrow and sighing shall flee away." (Isaiah 35:10)

Gracious God, we have returned to our work and responsibilities You have given us. We thank You that You have shown us that we are to be joyful in our living and working and that gladness will accompany us through these days of service to the people of Missouri. For indeed we have been sent by You to contribute to the final attainment of Your holy purpose. So help us face each day with a willing heart and to serve You faithfully. Amen.

The Pledge of Allegiance to the Flag was recited.

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

Senator Jacob moved that the Senate Journal for Thursday, March 2, 2000, be corrected on Page 364, Column 1, Lines 39 and 41, by deleting "SB" and inserting in lieu thereof "SR", which motion prevailed.

The Journal for Thursday, March 2, 2000, was read and approved, as corrected.

Senator Jacob announced that photographers from the Associated Press were given permission to take pictures in the Senate Chamber today.

The following Senators were present during the day's proceedings:

RESOLUTIONS

Senator Goode moved that SR 1204 be taken up for adoption, which motion prevailed.

Senator Johnson assumed the Chair.

Senator Goode moved that SR 1204 be adopted, which motion failed by the following vote:

Senator Steelman moved that SR 1035 be taken up for adoption, which motion prevailed.

On motion of Senator Steelman, SR 1035 was adopted.

Senator Quick offered Senate Resolution No. 1313, regarding Brian Jeffrey Goertz, Liberty, which was adopted.

Senator Childers offered Senate Resolution No. 1314, regarding Christopher D. "Chris" Carney, Monett, which was adopted.

Senator Wiggins offered the following resolution, which was adopted.

SENATE RESOLUTION NO. 1315

WHEREAS, the Missouri Senate recognizes the importance of empowering citizens to actively participate in the democratic process; and

WHEREAS, the Senate has a long tradition of rendering assistance to those organizations which sponsor projects in the interest of good citizenship; and

WHEREAS, the Missouri Catholic Conference has as its purposes to promote the material and spiritual well being of all the people of the state of Missouri and to participate in the democratic process of government:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, do hereby grant permission to the Missouri Catholic Conference to use the Senate Chamber and the Senate Hearing Rooms from 9:00 a.m. to 5:00 p.m. on Saturday, September 2, 2000 for the purpose of a citizenship assembly and workshop.

Senator Klarich offered Senate Resolution No. 1316, regarding Rockwood School District's Gifted Program, which was adopted.

CONCURRENT RESOLUTIONS

Senator Clay moved that SCR 21 be taken up for adoption, which motion prevailed.

On motion of Senator Clay, SCR 21 was adopted by the following vote:

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Caskey moved that the vote by which SA 2 to SS for SCS for SBs 678 and 742 was adopted be reconsidered, which motion prevailed by the following vote:

President Wilson assumed the Chair.

Senator Johnson assumed the Chair.

CONCURRENT RESOLUTIONS

Senator Maxwell moved that SCR 27, with SCA 1, be taken up for adoption, which motion prevailed.

SCA 1 was taken up.

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

On motion of Senator Maxwell, SCR 27, as amended, was adopted by the following vote:

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SRB 1001, 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 Rules, Joint Rules and Resolutions, to which was referred SRB 1002, 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 Committee on Local Government and Economic Development, submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 940, 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 Mathewson assumed the Chair.

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

Mr. President: Your Committee on Education, to which was referred SB 953, 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 Education, to which was referred SB 961, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

THIRD READING OF SENATE BILLS

SB 743, with SCA 1, introduced by Senator Klarich, entitled:

An Act to repeal section 135.095, RSMo Supp. 1999, relating to taxation, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Klarich, SB 743, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 894, with SCS, introduced by Senator Quick, entitled:

An Act to repeal sections 141.220, 141.540, 141.570, 141.700, 141.710, 141.720, 141.730, 141.740, 141.750, 141.760, 141.765, 141.770 and 141.800, RSMo 1994, relating to property ownership, and to enact in lieu thereof thirteen new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 894, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 894

An Act to repeal sections 141.220, 141.540, 141.570, 141.700, 141.710, 141.720, 141.730, 141.740, 141.750, 141.760, 141.765, 141.770 and 141.800, RSMo 1994, relating to property ownership, and to enact in lieu thereof thirteen new sections relating to the same subject.

Was taken up.

Senator Quick moved that SCS for SB 894 be adopted, which motion prevailed.

On motion of Senator Quick, SCS for SB 894 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 893, with SCS, introduced by Senator Quick, entitled:

An Act to repeal section 140.110, RSMo Supp. 1999, relating to ownership of property, 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 893, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 893

An Act to repeal section 140.160, RSMo 1994, and section 140.110, RSMo Supp. 1999, relating to ownership of property, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Quick moved that SCS for SB 893 be adopted, which motion prevailed.

On motion of Senator Quick, SCS for SB 893 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 633, with SCS, introduced by Senators Childers and Russell, entitled:

An Act to repeal sections 301.010 and 304.170, RSMo Supp. 1999, relating to motor vehicle lengths, and to enact in lieu thereof two new sections relating to the same subject.

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

SCS for SB 633, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 633

An Act to repeal sections 301.010 and 304.170, RSMo Supp. 1999, relating to motor vehicle lengths, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Childers moved that SCS for SB 633 be adopted, which motion prevailed.

Senator Johnson assumed the Chair.

On motion of Senator Childers, SCS for SB 633 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 541, with SCS, introduced by Senator Mathewson, entitled:

An Act to repeal section 307.375, RSMo Supp. 1999, relating to vehicle equipment regulations, 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 541, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 541

An Act to repeal section 307.375, RSMo Supp. 1999, relating to vehicle equipment regulations, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Mathewson moved that SCS for SB 541 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for SB 541 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 907, introduced by Senator Caskey, entitled:

An Act to repeal section 307.173, RSMo Supp. 1999, relating to motor vehicle safety, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator Caskey, SB 907 was read the 3rd time and passed by the following vote:

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.

SB 942, introduced by Senator Rohrbach, entitled:

An Act to repeal section 632.486, RSMo Supp. 1999, relating to civil commitment of sexually violent predators, 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 Rohrbach, SB 942 was read the 3rd time and passed by the following vote:

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 914, introduced by Senators Schneider and House, entitled:

An Act to repeal sections 621.055, 621.155, 621.165, 621.175, 621.185, 621.189 and 621.198, RSMo 1994, relating to the administrative hearing commission, and to enact in lieu thereof three new sections relating to the same subject.

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

On motion of Senator Schneider, SB 914 was read the 3rd time and passed by the following vote:

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 881, introduced by Senator Wiggins, entitled:

An Act to repeal section 92.418, RSMo 1994, relating to expenditure of proceeds of tax, 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 Wiggins, SB 881 was read the 3rd time and passed by the following vote:

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

SB 922, introduced by Senator Scott, entitled:

An Act to repeal sections 87.230 and 87.237, RSMo 1994, relating to retirement benefits, 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 Scott, SB 922 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

Senator Scott 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 910, introduced by Senator Stoll, entitled:

An Act to repeal section 163.191, RSMo 1994, relating to community college districts, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Stoll moved that SB 910 be read the 3rd time and finally passed.

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

SB 975, introduced by Senator DePasco, entitled:

An Act to repeal section 169.280, RSMo 1994, and sections 160.420, 169.270, 169.291, 169.315 and 169.324, RSMo Supp. 1999, relating to teacher and school retirement systems, and to enact in lieu thereof six new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Johnson assumed the Chair.

On motion of Senator DePasco, SB 975 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 801, with SCS, introduced by Senator Mathewson, entitled:

An Act to repeal section 260.285, RSMo Supp. 1999, relating to tax credits, 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.

SCS for SB 801, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 801

An Act to repeal section 260.285, RSMo Supp. 1999, relating to tax credits, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was taken up.

Senator Mathewson moved that SCS for SB 801 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for SB 801 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1376, entitled:

An Act to repeal section 21.183, RSMo 1994, relating to inspection of state institutions, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

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

March 2, 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:

John R. Bondon, Democrat, 11303 View High Drive, Kansas City, Jackson County, Missouri 64134, as a member of the Jackson County Sports Complex Authority, for a term ending July 15, 2002, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 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:

Ronald D. Boyer, Republican, 5654 East State Highway AF, Fair Grove, Greene County, Missouri 65648, as a member of the State Milk Board, for a term ending September 28, 2003, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 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:

Jerry E. Mackey, Democrat, 3820 Marion, Independence, Jackson County, Missouri 64055, as a member of the Jackson County Sports Complex Authority, for a term ending July 15, 2003, and until his successor is duly appointed and qualified; vice, Carl Schweitzer, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 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:

Michael R. Mahler, 4707 Candleglow Drive, St. Louis, St. Louis County, Missouri 63129, as a member of the Missouri Fire Safety Advisory Board, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, James M. Clifford, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 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:

Mary L. Vernassie, 404 Cedar, Belton, Cass County, Missouri 64012, as a member of the Missouri Real Estate Commission, for a term ending October 16, 2005, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 2, 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:

Gerald E. Winship, Republican, 4527 Water's Edge, Lee's Summit, Jackson County, Missouri 64064, as a member of the Jackson County Sports Complex Authority, for a term ending July 15, 2001, and until his successor is duly appointed and qualified; vice, Jerry Mackey, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

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

SECOND READING OF SENATE BILLS

The following Bills were read the 2nd time and referred to the Committees indicated:

SB 1050--Local Government and Economic Development.

SB 1051--Transportation.

SB 1052--Insurance and Housing.

SB 1053--Civil and Criminal Jurisprudence.

SB 1054--Financial and Governmental Organi-

zation.

SB 1055--Financial and Governmental Organi-

zation.

SB 1056--Elections, Veterans' Affairs and Corrections.

SB 1057--Transportation.

SB 1058--Civil and Criminal Jurisprudence.

SB 1059--Local Government and Economic Development.

SB 1060--Civil and Criminal Jurisprudence.

SB 1061--Ways and Means.

SB 1062--Pensions and General Laws.

SB 1063--Public Health and Welfare.

SB 1064--Commerce and Environment.

SB 1065--Ways and Means.

SB 1066--Education.

SB 1067--Civil and Criminal Jurisprudence.

SB 1068--Civil and Criminal Jurisprudence.

SB 1069--Insurance and Housing.

SB 1070--Public Health and Welfare.

SB 1071--Labor and Industrial Relations.

SB 1072--Civil and Criminal Jurisprudence.

SB 1073--Transportation.

SB 1074--Local Government and Economic Development.

SB 1075--Labor and Industrial Relations.

SB 1076--Pensions and General Laws.

SB 1077--Education.

SB 1078--Transportation.

SB 1079--Transportation.

SB 1080--Transportation.

SB 1081--Aging, Families and Mental Health.

SB 1082--Civil and Criminal Jurisprudence.

SB 1083--Public Health and Welfare.

HOUSE BILLS ON SECOND READING

The following Joint Resolution was read the 2nd time and referred to the Committee indicated:

HS for HCS for HJR 61--Pensions and General Laws.

INTRODUCTIONS OF GUESTS

Senator Singleton introduced to the Senate, Jarrod Page, Jeremy Hollars, Stephen Jones, Ray Wolfe, Brett Doennig, Jennifer Forsythe, Duane Johnson, Trent Dobranc and Annette St. Clair, Joplin.

Senator Stoll introduced to the Senate, Lashauna Evans and Becky Sides, Jefferson County; and Lashauna and Becky were made honorary pages.

Senator Clay introduced to the Senate, Lew Moye, St. Louis.

Senator Singleton introduced to the Senate, Stacey Floyd, Rebecca Robertson, James Link, Kayla Link, Dara Bean, David Johnson, Brandon Davis, Tim Carter, Andrew Kirkland, Kent Keller, Mandy Jarvis, Sonja Stevens, Karen Taber, Felica Adolphson, Deeanna Graham, Lindsey Jones and Tamara Adolphson, Neosho.

Senator Westfall introduced to the Senate, Tim Schieffer, El Dorado Springs; and Danny Rice, Buffalo.

Senator Staples introduced to the Senate, Chris Keeling, Eminence.

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