Journal of the Senate

SECOND REGULAR SESSION


THIRTY-SEVENTH DAY--WEDNESDAY, MARCH 8, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

Psalm 51:11: "Create in me a clean heart, O God, and renew a right spirit within me."

God of Great Compassion, throughout history You have called Your people of every tribe and nation to return to You, to repent of wrong doing, and be open for a "right spirit" within. For us Christians we observe Ash Wednesday and the season of Lent; it is for us to remember Your call to repent and return to You our God. Help us hear Your call to all people of every faith to follow Your guidance in the midst of temptations and empty promises and let us be filled with hope, renewed through Your constant forgiveness and live the promise of Your abiding presence. 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.

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:

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 Jacob offered Senate Resolution No. 1327, regarding Lynn Adrian Harmon, which was adopted.

Senator Clay offered Senate Resolution No. 1328, regarding Bobbie J. (Hunter) Thomas, St. Louis, which was adopted.

SENATE BILLS FOR PERFECTION

Senator House moved that SB 729, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 729, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 729

An Act to repeal sections 105.269, 160.400, 160.405, 160.410, 160.415 and 160.420, RSMo Supp. 1999, relating to charter schools, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up.

Senator House moved that SCS for SB 729 be adopted.

Senator House offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 729, Page 7, Section 160.405, Line 101, by striking the word "and"; and further amend said line, by inserting immediately after the word "school's" the following: "employees and"; and

Further amend said bill and section, page 8, line 146, by striking the following: "on-goingly"; and further amend line 147, by inserting immediately after the word "compliance" the following: "and remains in compliance"; and

Further amend said bill, page 10, section 160.410, line 45, by inserting immediately after the word "to" the following: "the parent, guardian or other custodian of"; and further amend lines 46-47, by striking the following: "and to the parent, guardian or other custodian of any such student"; and

Further amend said bill, pages 13-14, section 160.420, lines 1-31, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

Senator House moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Rohrbach offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Committee Substitute for Senate Bill No. 729, Page 1, Lines 1-3 of the amendment, by striking all of said lines and inserting in lieu thereof the following: "by striking all the bold language on lines 100 and 101,".

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

Senator Bland offered SA 2 to SA 1, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Committee Substitute for Senate Bill No. 729, Page 1, Lines 13-15 of said amendment, by striking all of said lines and inserting in lieu thereof the following:

"Further amend said bill, Page 13, Section 160.420, Line 8, by inserting an opening bracket "[" immediately before "A teacher"; and further amend line 10, by striking the boldface language and inserting immediately after the period "." on said line a closing bracket "]".".

Senator Bland moved that the above amendment be adopted.

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Maxwell assumed the Chair.

At the request of Senator House, SB 729, with SCS, SA 1 and SA 2 to SA 1 (pending), was placed on the Informal Calendar.

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.

RESOLUTIONS

Senator Ehlmann offered Senate Resolution No. 1329, regarding the St. Charles West High School 3A Wrestling Warriors, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1330, regarding Mike Hansen, Wentzville, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1331, regarding the Francis Howell High School 4A Wrestling Team, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1332, regarding the Fort Zumwalt South High School 4A Wrestling Team, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1333, regarding the Francis Howell North High School 4A Wrestling Knights, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1334, regarding the St. Charles High School 3A Wrestling Pirates, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1335, regarding the St. Charles High School 4A Girls Basketball Pirates, which was adopted.

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 858, 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 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 passed HS for HCS for HB 1254, entitled:

An Act to repeal sections 374.700 and 374.755, RSMo 1994, and section 374.715, RSMo Supp. 1999, relating to the regulation and licensing of certain professions, and to enact in lieu thereof thirty-five new sections relating to the same subject, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1644, entitled:

An Act to repeal sections 169.050, 169.070, 169.075, 169.600, 169.620 and 169.670, RSMo Supp. 1999, relating to the school retirement systems, and to enact in lieu thereof six new sections relating to the same subject, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1443, entitled:

An Act to repeal section 144.030, RSMo Supp. 1999, relating to sales tax exemptions, and to enact in lieu thereof two new sections for the sole purpose of providing sales tax exemptions for admission fees for hunting and fees for sales of feed and equipment used for production of certain domestically raised pheasants, partridges, quail and ungulates.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

SENATE BILLS FOR PERFECTION

Senator Howard moved that SB 763, 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 SB 763 was again taken up.

Senator Johnson assumed the Chair.

Senator Howard offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 763, Pages 23-24, Section 407.1300, by striking all of said section; and

Further amend said bill, Pages 24-26, Section 407.1310, by striking all of said section; and

Further amend said bill, Page 26, Section 407.1320, by striking all of said section; and

Further amend said bill, Page 26, Section 407.1330, by striking all of said section; and

Further amend said bill, Pages 26-27, Section 407.1340, by striking all of said section; and

Further amend the title and enacting clause accordingly.

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

Senator Howard offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 763, Page 12, Section 407.1082, Lines 22-25 of said page, by striking all of said lines and inserting in lieu thereof the following: "available by law."; and

Further amend said bill, Page 13, Section 407.1082, Line 1 of said page, by striking all of said line; and

Further amend said bill, Page 16, Section 407.1085, Lines 6-14 of said page, by striking all of said lines and inserting in lieu thereof the following:

"2. The office of the attorney general shall receive telemarketing complaints by means of a toll-free telephone number, by a notice in writing or by electronic means. Complaints against entities who are licensed, certificated or permitted and whose telemarketing practices are regulated by the same state or federal agency and which agency has rules regulating telemarketing practices shall be forwarded for investigation by the office of the attorney general to such agency. All other complaints shall be handled by the office of the attorney general.".

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

Senator Yeckel offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 763, Page 15, Section 407.1085, Lines 9-14 of said page, by striking all of said lines and inserting in lieu thereof the following: "consumers in response to the catalog, and stops further solicitation of items not in a catalog when the consumer states that he or she is not interested in any further solicitations; or".

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

Senator Wiggins assumed the Chair.

Senator Klarich offered SA 4, which was read:

SENATE AMENDMENT NO. 4



Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 763, Page 15, Section 407.1085.1.3, Line 21, by adding after the word "Agency", the following: "or a regulatory organization created by the Maloney Act Amendments to the Securities and Exchange Act of 1934".

Senator Klarich moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Ehlmann, Kenney and Steelman.

SA 4 failed of adoption by the following vote:

YEAS--Senators
Bentley Ehlmann Flotron Graves
Kenney Kinder Klarich Mueller
Rohrbach Russell Schneider Sims
Steelman Westfall Yeckel--15
NAYS--Senators
Caskey Childers Clay DePasco
Goode House Howard Jacob
Johnson Mathewson Maxwell Quick
Scott Singleton Staples Stoll
Wiggins--17
Absent--Senator Bland--1
Absent with leave--Senators--None
Vacancies--1

Senator Goode offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 763, Page 20, Section 407.1107, Line 15, by inserting after said line the following:

"3. No telemarketer shall access a consumer's bank account without prior written authorization by the consumer.".

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

Senator Scott assumed the Chair.

Senator Wiggins assumed the Chair.

Senator Kenney offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 763, Pages 17-19, Section 407.1101, by striking all of said section; and

Further amend said bill, pages 19-20, Section 407.1104, by striking all of said section; and inserting in lieu thereof the following:

"407.1088. 1. The secretary of state shall establish and provide for the operation of a data base to compile a list of telephone numbers of telecommunications service subscribers who object to receiving telephone solicitations.

2. The secretary of state shall promulgate regulations which:

(1) Establish a toll-free number and Internet address as a method for an individual to subscribe to the data base or to remove the individual's name from the database;

(2) Establish a method for a telemarketer to obtain access to the data base so that such individual or entity does not call a subscriber of the data base.

3. A telemarketer shall obtain access to the data base on a quarterly basis and retrieve a list of subscribers.

4. The secretary of state shall make the data base available to the Federal Communications Commission for inclusion in a national data base of telephone numbers of subscribers who object to receiving telephone solicitations pursuant to 47 U.S.C., Section 227(c)(3)."; and

Further amend said bill, pages 20-22, Section 407.1110, by striking all of said section; and

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

Senator Caskey requested a roll call vote be taken on the adoption of SA 6 and was joined in his request by Senators Childers, Russell, Steelman and Westfall.

SA 6 failed of adoption by the following vote:

YEAS--Senators
Flotron Graves Kenney Kinder
Klarich Mueller Rohrbach Russell
Sims Singleton Steelman Westfall
Yeckel--13
NAYS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Goode
House Howard Jacob Johnson
Mathewson Maxwell Quick Schneider
Scott Stoll Wiggins--19
Absent--Senator Staples--1
Absent with leave--Senators--None
Vacancies--1

Senator Mathewson assumed the Chair.

At the request of Senator Howard, SB 763, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

Senator Maxwell moved that SB 867 and SB 552, with SCS, SS for SCS, SA 4 and SA 1 to SA 4 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 to SA 4 was again taken up.

At the request of Senator Maxwell, the above amendment was withdrawn.

SA 4 was again taken up.

Senator House offered SA 2 to SA 4:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 4

Amend Senate Amendment No. 4 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 867 and 552, Page 242 of the Senate Journal for Tuesday, February 15, 2000, Column 1, Lines 24-45 of said column, by striking all of said lines; and further amend column 2, lines 1-20 of said column, by striking all of said lines and inserting in lieu thereof the following:

"(5) "Unplanned pregnancy resource center", a nonresidential facility located in this state:

(a) Established and operating primarily to provide assistance to women with crisis pregnancies or unplanned pregnancies by offering pregnancy testing, counseling, emotional and material support, and other similar services to encourage and assist such women in carrying their pregnancies to term; and

(b) Where childbirths are not performed; and

(c) Which does not perform or refer for abortions and which does not hold itself out as performing or referring for abortions; and

(d) Which provides direct client services at the facility, as opposed to merely providing counseling or referral services by telephone; and

(e) Which provides its services at no cost; and

(f) Which is exempt from income taxation pursuant to the United States Internal Revenue Code.".

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

SA 4, as amended, was again taken up.

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

Senator Steelman offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 867 and 552, Page 6, Section 135.500, Line 23, by inserting after the word "business" the following: "not located in any metropolitan statistical area as defined by the bureau of the Census in the United States Department of Commerce".

Senator Steelman moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

President Pro Tem Quick assumed the Chair.

At the request of Senator Steelman, SA 5 was withdrawn.

Senator Maxwell moved that SS for SCS for SBs 867 and 552, as amended, be adopted, which motion prevailed.

On motion of Senator Maxwell, SS for SCS for SBs 867 and 552, as amended, was declared perfected and ordered printed.

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 passed HCS for HB 1737, entitled:

An Act to repeal sections 376.955 and 376.956, RSMo 1994, relating to long-term care insurance policy consumer guides, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1082, entitled:

An Act to repeal section 12.010, RSMo 1994, relating to consent of the state to the acquisition of land by the federal government, 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 8, 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:

Sandra T. Bollinger, 112 East Tywappity, Post Office Box 63, Benton, Scott County, Missouri 63736, as a member of the Drug Utilization Review Board, for a term ending October 15, 2002, and until her successor is duly appointed and qualified; vice, Sharon Worrell, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 8, 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:

Kathleen A. Coleton, 2 Southwest Whitlock Drive, Lee's Summit, Jackson County, Missouri 64081, as a member of the Missouri Acupuncturist Advisory Committee, for a term ending December 10, 2002, and until her successor is duly appointed and qualified; vice, RSMo. 324.478.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 8, 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:

Larry L. Deskins, Republican, 27 Washington Terrace, St. Louis City, Missouri 63108, as a member of the Regional Convention and Sports Complex Authority, for a term ending May 31, 2004, 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 8, 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:

Stacy A. Mangum, Pharm.D., 304 Southeast Shamrock Lane, Blue Springs, Jackson County, Missouri 64014, as a member of the Drug Utilization Review Board, for a term ending October 15, 2002, and until his successor is duly appointed and qualified; vice, Christine Meyer, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 8, 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:

Peggy Wanner-Barjenbruch, M.D., 7626 Audrain County Road Number 355, Mexico, Audrain County, Missouri 65265, as a member of the Drug Utilization Review Board, for a term ending October 15, 2002, and until her successor is duly appointed and qualified; vice, Valerie Walker, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 1336, regarding Anne-Marie Rozwadowska, Paris, France, which was adopted.

Senator Schneider offered the following resolution:

SENATE RESOLUTION NO. 1337

Notice of Proposed Rule Change

Notice is hereby given by the Senator from the Fourteenth District of the twenty-four hour notice required by rule of intent to put a motion to adopt the following rule change:

BE IT RESOLVED by the Senate of the Ninetieth General Assembly, Second Regular Session, that Senate Rule 26 be amended to read as follows:

"Rule 26. The membership of all standing committees and of all other committees and commissions, unless otherwise provided by the act or resolution creating them, shall be composed, as nearly as may be, of majority and minority party members in the same proportion as the number of majority and minority party members in the senate bears to the total membership of the senate. No standing committee shall have more than seven members, except the appropriations committee, which shall have nine members. The president pro tem shall modify appointments to standing committees established pursuant to Rule 25 accordingly.".

COMMUNICATIONS

Senator Klarich submitted the following:

March 8, 2000

Terry Spieler

Secretary of the Senate

Room 325, State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

Pursuant to Rule 45, I am requesting that Senate Bill 995, which allows for suspension of the motor vehicle emissions inspection program, be removed from the Senate Consent Calendar.

I appreciate your attention to this matter.

Sincerely,

/s/ David Klarich

DAVID J. KLARICH

State Senator

INTRODUCTIONS OF GUESTS

Senator Westfall introduced to the Senate, Amanda Callaway and Medonna Jenkins, Bolivar; and Amanda and Medonna were made honorary pages.

Senator Bentley introduced to the Senate, Beth Nickle, Helen Cavin, Vise Toasio, Heather Van Zant, Jessica Hunt, Nick Taylor and Lisa Funk, Springfield.

Senator Rohrbach introduced to the Senate, Morgan Nacy, Jake Seifert and Josh Young, Jefferson City; and Jennifer McNay, Jamestown.

Senator Russell introduced to the Senate, Nickie Jones, Grovespring; and Peggy Preston, Nixa.

Senator Howard introduced to the Senate, Russell Duckworth, Brian Polk and Jon Kiser, Wayne County.

Senator Childers introduced to the Senate, Ruby Vincent, Irene Voyles, Linda Van Deuren and Janet B. Laue, Crane.

Senator Ehlmann introduced to the Senate, Don and Kay Young, St. Charles.

Senator Singleton introduced to the Senate, Tommy Eaves, Joplin.

Senator Maxwell introduced to the Senate, Jamie Graham and Jeff Brown, Kirksville.

Senator DePasco introduced to the Senate, volunteers and staff of the American Cancer Society.

Senator Mueller introduced to the Senate, Angela Anastasia Zylka, Colleen Cassidy Heck and Kara Elizabeth King, St. Louis County; and Angela, Colleen and Kara were made honorary pages.

Senator Westfall introduced to the Senate, Travis Clark and Josh Voet, Bolivar; and Travis and Josh were made honorary pages.

Senator Stoll introduced to the Senate, Jeff Montgomery and eighty ninth grade students from Festus Senior High School, Festus.

On behalf of Senator Mathewson, the President introduced to the Senate, Jenny Bellington, Oak Grove.

Senator Clay introduced to the Senate, members of Youth Build, St. Louis.

Senator Ehlmann introduced to the Senate, Frank Kessler, Macomb, Illinois; and Steve Spencer, St. Charles.

Senator Russell introduced to the Senate, Lee Eaton, Lebanon.

Senator Singleton introduced to the Senate, Chief Charles Enyart, Rod Durosett and Alicia Sinclair, Eastern Shawnee Tribe.

Senator Kenney introduced to the Senate, Bill Embry, Lee's Summit.

Senator Kinder introduced to the Senate, Megan Hildebrand, Sikeston.

Senator House introduced to the Senate, Cindy Buehler, St. Charles; and eighteen teachers with the National Board of Professional Teaching Standards.

On behalf of Senator Johnson, the President introduced to the Senate, Gretchen Whitman, Gentry Swink and June Morgan, Savannah; Stephanie Erdman, Rock Port; and Phillip Schwarz,

Jan Schwarz, Cristopher Pottier, Zach Harris, Ricky Winder, Kathy Burson, Michelle Warner and Mrs. Erdman, Kansas City.

Senator Rohrbach introduced to the Senate, Cecil and Evangeline Kramer and Julie Gordeuk, Lyndon, Kansas; and Donna Scott, St. Clair County.

Senator Wiggins introduced to the Senate, Steve, Greg, Kevin, Patrick and Kyle Larm, Kansas City; and Kevin, Patrick and Kyle were made honorary pages.

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