Journal of the Senate

SECOND REGULAR SESSION


THIRTY-EIGHTH DAY--THURSDAY, MARCH 9, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

"Thy Word was unto me the joy and rejoicing of mine heart." (Jeremiah 15:16)

Beloved Father, as we complete the work of this week and head home to be with loved ones and family, we would pray that Your Word continues to bring joy in our hearts and joy in our daily living. As we discern Your Word this weekend may we keep Your judgements and grace in a proper perspective and may Your gifts of peace, joy and love be permanent residents of our souls. Bless us O Lord with Your guidance and watch our "going out and coming in." 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
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
Absent with leave--Senator Scott--1
Vacancies--1
The Lieutenant Governor was present.

Senator Wiggins assumed the Chair.

RESOLUTIONS

Senator Schneider moved that SR 1185 be taken up for adoption, which motion prevailed.

Senator Schneider offered SS for SR 1185:

SENATE SUBSTITUTE FOR

SENATE RESOLUTION NO. 1185

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 64 be amended to read as follows:

"Rule 64. A substitute for the text of a bill is not in order until all pending amendments thereto have been disposed of. A substitute bill for an original bill or for a committee substitute shall take the form of an original bill and be subject to floor amendments, except that it shall not be subject to [amendment by a further floor] more than one additional pending substitute which shall be in the first degree and subject to second degree amendments. No further amendments or substitutes may be entertained after the senate adopts a substitute bill.".

Senator Schneider moved that SS for SR 1185 be adopted.

Senator Johnson assumed the Chair.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Resolution No. 1185, Page 1, Line 12, by inserting immediately after said line the following:

"If a joint resolution proposes amending the Constitution or a proposed measure is to be submitted by the General Assembly to the voters and contains ballot language and an official summary statement and fiscal note summary, the resolution or bill shall be referred to the Committee on Rules, Joint Rules and Resolutions before being considered by the Senate for third reading. The author shall be entitled to a hearing on the resolution or bill but the hearing shall be limited to the reception of testimony presented by the author about the official summary statement and fiscal note summary. The Committee may recommend the passage of a resolution or bill and may recommend an amendment or amendments only for the portion of the resolution or bill that contains the proposed official summary statement and fiscal note summary.".

Senator Flotron moved that the above amendment be adopted.

Senator Jacob raised the point of order that SA 1 is out of order as it is not a true amendment.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

Senator Jacob raised the point of order that SA 1 is out of order as the amendment is not germane to the scope of the resolution.

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

SS for SR 1185 was again taken up.

Senator Westfall offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Resolution No. 1185, Page 1, Line 11, by adding after the "." on line 11, the following: "A Senator shall not be allowed to offer a floor substitute to a pending floor substitute offered by the same Senator.".

Senator Westfall moved that the above amendment be adopted, which motion failed on a standing division vote.

Senator Wiggins assumed the Chair.

On motion of Senator Schneider, SS for SR 1185 was adopted by the following vote:

YEAS--Senators
Bentley Childers DePasco Ehlmann
Flotron Goode Graves Johnson
Kenney Kinder Klarich Mathewson
Quick Russell Schneider Sims
Singleton Steelman Westfall Wiggins
Yeckel--21
NAYS--Senators
Bland Caskey Clay House
Howard Jacob Maxwell Mueller
Staples Stoll--10
Absent--Senators--None
Absent with leave--Senators
Rohrbach Scott--2
Vacancies--1

Senator Flotron offered the following resolution:

SENATE RESOLUTION NO. 1338

Notice of Proposed Rule Change

Notice is hereby given by the Senator from the Seventh 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 47 be amended to read as follows:

"Rule 47. 1. Each bill or joint resolution shall, before being finally acted upon by any committee, be submitted to the committee on legislative research for preparation of a fiscal note examining the cost of the proposed legislation to the state for the first two years that public funds will be used to fully implement the provisions of the Act, whether or not the proposed legislation will establish a program or agency that will duplicate an existing program or agency, whether or not there is a federal mandate for the program or agency, whether or not the proposed program or agency will have significant direct fiscal impact upon any political subdivision of the state, or whether or not any new physical facilities will be required.

2. The fiscal note for a bill shall accompany the bill throughout its course of passage, and may from time to time be revised to reflect changes made in the bill prior to its presentation to the governor for his approval.

3. If a joint resolution proposes amending the Constitution or a proposed measure is to be submitted by the General Assembly to the voters and contains ballot language and an official summary statement and fiscal note summary, the resolution or bill shall be referred to the Committee on Rules, Joint Rules and Resolutions before being considered by the Senate for third reading. The author shall be entitled to a hearing on the resolution or bill but the hearing shall be limited to the reception of testimony presented by the author about the official summary statement and fiscal note summary. The Committee may recommend the passage of a resolution or bill and may recommend an amendment or amendments only for the portion of the resolution or bill that contains the proposed official summary statement and fiscal note summary.".

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Flotron moved that the vote by which SR 1204 was defeated be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Childers DePasco
Ehlmann Flotron Goode House
Johnson Kenney Kinder Mathewson
Maxwell Quick Russell Schneider
Sims Singleton Steelman Westfall
Wiggins Yeckel--22
NAYS--Senators
Caskey Clay Graves Howard
Jacob Klarich Mueller Staples
Stoll--9
Absent--Senators--None
Absent with leave--Senators
Rohrbach Scott--2
Vacancies--1

SR 1204 was again taken up.

At the request of Senator Goode, SR 1204 was placed on the Resolutions Calendar.

THIRD READING OF SENATE BILLS

SB 924, introduced by Senator Maxwell, entitled:

An Act to amend chapter 94, RSMo, relating to sales taxes for economic development by adding thereto one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Maxwell, SB 924 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 542, with SCS, introduced by Senator Mathewson, entitled:

An Act to repeal sections 473.730, 473.739 and 473.767, RSMo Supp. 1999, relating to public administrators, and to enact in lieu thereof five new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 542, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 542

An Act to repeal sections 473.730, 473.739 and 473.767, RSMo Supp. 1999, relating to public administrators, and to enact in lieu thereof five new sections relating to the same subject.

Was taken up.

Senator Mathewson moved that SCS for SB 542 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for SB 542 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode House Jacob Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Russell
Schneider Sims Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators
Graves Howard Rohrbach Singleton--4
Absent--Senators--None
Absent with leave--Senator Scott--1
Vacancies--1

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 753, introduced by Senator DePasco, entitled:

An Act to repeal section 82.300, RSMo 1994, relating to constitutional charter cities, 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 DePasco, SB 753 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Rohrbach Russell Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senator Bland--1
Absent--Senator Schneider--1
Absent with leave--Senator Scott--1
Vacancies--1

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.

REPORTS OF STANDING COMMITTEES

Senator Mathewson, Chairman of the Committee on State Budget Control, submitted the following report:

Mr. President: Your Committee on State Budget Control, to which were referred SB 617 and SB 646, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

THIRD READING OF SENATE BILLS

SB 617, introduced by Senator Johnson and SB 646, introduced by Senator Wiggins, with SCS, entitled respectively:

An Act to repeal sections 194.210 and 194.230, RSMo 1994, and sections 194.220, 194.233, 194.240, 194.297, 194.299, 194.300, 194.302 and 302.181, RSMo Supp. 1999, and to enact in lieu thereof eighteen new sections for the purpose of enacting the dedication to donation act.

An Act to repeal sections 194.210 and 194.230, RSMo 1994, sections 194.220, 194.233, 194.240, 194.297, 194.299, 194.300 and 194.302, RSMo Supp. 1999, and section 302.181 as enacted by conference committee substitute for house substitute for senate substitute for senate committee substitute for senate bill no. 19, first regular session of the ninetieth general assembly, and to enact in lieu thereof eighteen new sections relating to anatomical donation.

Were called from the Consent Calendar and taken up by Senator Johnson.

SCS for SBs 617 and 646, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 617 and 646

An Act to repeal sections 194.300 and 194.302, RSMo Supp. 1999, section 302.171 as enacted by conference committee substitute for house substitute for senate substitute for senate committee substitute for senate bill no. 19, first regular session of the ninetieth general assembly, and section 302.171 as enacted by house bill no. 783, first regular session of the eighty-ninth general assembly, and to enact in lieu thereof three new sections relating to anatomical donation.

Was taken up.

Senator Johnson moved that SCS for SBs 617 and 646 be adopted, which motion prevailed.

President Pro Tem Quick assumed the Chair.

On motion of Senator Johnson, SCS for SBs 617 and 646 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 Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senator Scott--1
Vacancies--1

The President Pro Tem 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.

President Wilson assumed the Chair.

President Pro Tem Quick assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of SB 830, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of SB 1018, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

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 720, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, Senator Quick submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 980, 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 Wiggins, Chairman of the Committee on Ways and Means, Senator Quick submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred SB 1016, begs leave to report that it has considered the same and recommends that the bill do pass.

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 851, begs leave to report that it has considered the same and recommends that the bill 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 SB 817, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

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.

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 892, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Transportation, to which was referred SB 793, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which were referred SB 959 and SB 598, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

Mr. President: Your Committee on Agri-culture, Conservation, Parks and Tourism, to which was referred SB 954, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 1027 and SB 815, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Clay, Chairman of the Committee on Financial and Governmental Organization, sub-mitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, to which were referred SB 538 and SB 565, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Education, to which were referred SB 584, SB 539, SB 630, SB 777, SB 796, SB 918 and SB 927, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Stoll, Chairman of the Committee on Elections, Veterans' Affairs and Corrections, submitted the following report:

Mr. President: Your Committee on Elections, Veterans' Affairs and Corrections, to which were referred SB 818 and SB 564, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Maxwell assumed the Chair.

Senator Quick, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Kevin W. Snedden, as a member of the Missouri Board of Therapeutic Massage;

Also,

Debra L. Snoke, as a member of the Missouri Commission on Human Rights;

Also,

Brenda J. Wrench, as a member of the Missouri Training and Employment Council;

Also,

Earline B. White, as a public member of the Interior Design Council;

Also,

James W. "Jamie" Graham, as a member of the Missouri Planning Council for Developmental Disabilities;

Also,

Gerald E. Winship and John R. Bondon, as members of the Jackson County Sports Complex Authority;

Also,

James "Jim" W. Hutcheson, as a member of the Missouri Real Estate Commission;

Also,

Michael Phillips, as a member of the Advisory Commission for Clinical Perfusionists;

Also,

David A. Rice and Michael H. Metzler, as members of the State Advisory Council on Emergency Medical Services;

Also,

Meriam E. "Beth" Williams, as a member of the Board for Certification of Interpreters;

Also,

Martha E. Hildebrandt, as a member of the Well Installation Board;

Also,

Wildie L. Webster, as a member of the Missouri Fire Education Commission;

Also,

Jacqueline McKinsey, as a member of the Missouri Women's Council.

Senator Quick requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Quick moved that the committee reports be adopted and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

President Pro Tem Quick assumed the Chair.

RESOLUTIONS

Senator Sims offered Senate Resolution No. 1339, regarding Kevin T. Higashikubo, St. Louis, which was adopted.

Senator Goode offered Senate Resolution No. 1340, regarding the PAKT Community Resource Center, which was adopted.

CONCURRENT RESOLUTIONS

Senator Clay offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 31

WHEREAS, the members of the Missouri General Assembly deem it fitting and proper to honor citizens who have touched the lives of many individuals; and

WHEREAS, Rosa Louise McCauley Parks was born on February 4, 1913, in Tuskegee, Alabama and married Ray Parks in 1932; and

WHEREAS, on December 1, 1955, in Montgomery, Alabama, Rosa refused to surrender her seat to a white man and was arrested for violating the city's segregation laws; and

WHEREAS, a mass 382-day boycott of the Montgomery bus system resulted, later followed by our nations' civil rights movement, all of which took place because one woman decided to stand up for what she believed in; and

WHEREAS, Rosa Parks worked for the Montgomery Voters League, the NAACP Youth Council, and other civic and religious organizations and she worked as a seamstress and a housekeeper in order to support herself; and

WHEREAS, on December 21, 1956, the Supreme Court ruling banning segregation of the city's public transit vehicles went into effect; and

WHEREAS, in 1986, Rosa Parks received an Ellis Island Medal of Honor, in 1996 she received the Presidential Medal of Freedom and in 1999 she received the Congressional Gold Medal all for her achievements on behalf of civil rights:

NOW THEREFORE BE IT RESOLVED, by the Missouri Senate, Ninetieth General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby join unanimously in honoring Rosa Parks, by designating the portion of Interstate Highway 55, one mile south of Lindbergh Boulevard to Butler Hill Road and located in St. Louis County as the "Rosa Parks Highway"; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the Missouri Department of Transportation.

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 HB 1292, entitled:

An Act to amend chapter 376, RSMo, relating to health insurance by adding thereto one new section 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 1353, entitled:

An Act to repeal section 58.449, RSMo 1994, relating to coroners' test results, 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.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1185, entitled:

An Act to authorize the governor to convey certain property to the City of Jefferson.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Phyllis Steckel and twenty-five members of Aid Association for Lutherans, Washington.

Senator Graves introduced to the Senate, the Physician of the Day, Zahid Hamid, M.D., Mound City.

Senator Graves introduced to the Senate, members of the Maryville Chamber of Commerce, Maryville.

Senator Jacob introduced to the Senate, MSTA teachers and support staff, Columbia.

Senator Maxwell introduced to the Senate, Beth Davis and Julie Lehenbaur, Palmyra.

Senator Maxwell introduced to the Senate, Brianne Lile, Shanhna Peters, Tiffany Hill, Katrina Salt, Ashleigh Zeigler, Melissa Pipper and Cassie Speaks, members of Becky Thatcher Girl Scout Troop 167; and Jacob Peters, Samuel Salt, Velda Salt and Melissa Peters, Kirksville.

Senator Schneider introduced to the Senate, students from Brown Elementary School, St. Louis; and Jessica Randazzo, Daniel Stephens, Jonathan Bick and Chasity Ussery were made honorary pages.

Senator Schneider introduced to the Senate, Sue Downs, Jeanne Willie, Bob Manges and forty-five fourth grade students from Robinwood Elementary School, St. Louis; and Jeremy Caldwell, Jacob Franck, Julisa Watt and Brittanie Rice were made honorary pages.

Senator Bentley introduced to the Senate, Ken Coleman and members of Boys and Girls Town of Springfield.



Senator Sims introduced to the Senate, Geneva Golden, Lisa Brammer and Kevin Hutchinson, St. Louis; and Ann Valenzuela, St. James.

On motion of Senator DePasco, the Senate adjourned until 4:00 p.m., Monday, March 13, 2000.