Journal of the Senate

SECOND REGULAR SESSION


THIRTY-NINTH DAY--MONDAY, MARCH 13, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

The Zen Masters teach: "You can never put your finger into a rushing stream twice in the same spot."

Gracious God, by Your grace You teach us to let the past be the past; to let our failures and errors that have been forgiven go and float down the flowing stream of life. We are to let hard feelings and angry words go for they will only tie us to the past. You teach us to be open to what is and what will come. So help us therefore to do more good with our lives as we begin this new week, letting go of past hindrances and respond to the opportunities You present before us. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

MESSAGES FROM THE

SECRETARY OF STATE

The President laid before the Senate the following communication from the Secretary of State, which was read:

TO THE SENATE PRO TEM

Honorable Edward Quick

Jefferson City, MO

Sir:

I, Rebecca McDowell Cook, Secretary of State of the State of Missouri, hereby certify that at the Special Election held in the 5th Senatorial District in the State of Missouri, on the 7th day of March, 2000, as provided by law, the following named person was elected to the office of State Senator, 5th Senatorial District as shown by the election results certified to this office by the election authority of the 5th Senatorial District.

Name Office
Paula J. Carter State Senator
5936 Summit 5th Senatorial District
St. Louis, MO 63147

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office this 9th day of March, 2000.

(Seal) Rebecca McDowell Cook

Secretary of State

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

The Journal for Thursday, March 9, 2000, was read and approved.

Photographers from 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 Carter 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
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senator Staples--1
The Lieutenant Governor was present.

RESOLUTIONS

Senators Kenney and Caskey offered Senate Resolution No. 1341, regarding James Milton Earll, Nevada, which was adopted.

Senator Schneider offered Senate Resolution No. 1342, regarding John Charles Meyer, Florissant, which was adopted.

Senator Maxwell offered Senate Resolution No. 1343, regarding Hannibal, Missouri, a Disaster Resistant Community, which was adopted.

Senator Schneider offered Senate Resolution No. 1344, regarding Tina Rose Martin, Florissant, which was adopted.

Senator Schneider offered Senate Resolution No. 1345, regarding Imogene Donahue, St. Louis, which was adopted.

Senator Caskey offered Senate Resolution No. 1346, regarding Jeremy Wayne Friesz, Harrisonville, which was adopted.

Senator Kenney offered Senate Resolution No. 1347, regarding the Forty-fifth Wedding Anniversary of Mr. and Mrs. Bernie Kanies, Independence, which was adopted.

Senator Kenney offered Senate Resolution No. 1348, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Orville R. Abney, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 1349, regarding William James "Billy" Truschke, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1350, regarding Austin Frank Hollingshead, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1351, regarding Joshua Wayne "Josh" Strickland, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1352, regarding John Frederick Hobbs, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1353, regarding Benjamin Charles "Ben" Foss, Lee's Summit, which was adopted.

REPORTS OF STANDING COMMITTEES

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 683, 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.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 1053, 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 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 was referred SB 974, 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 936, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 936, Page 1, Section 144.157, Line 2, by inserting after the word "sections" as it appears the first time in the sentence, the following: "67.1170 to 67.1180,".

SENATE BILLS FOR PERFECTION

SB 577, with SCS, was placed on the Informal Calendar.

Senator Goode moved that SJR 46, with SCS, be taken up for perfection, which motion prevailed.

SCS for SJR 46, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION NO. 46

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article X of the Constitution of Missouri, relating to utility taxation and adopting one new section relating to the same subject.

Was taken up.

Senator Goode moved that SCS for SJR 46 be adopted.

Senator Wiggins assumed the Chair.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1



Amend Senate Committee Substitute for Senate Joint Resolution No. 46, Page 2, Section 25, Lines 28-29, by striking all of said lines and inserting in lieu thereof the following: "replaced as if the replaced tax applied in the base year to charges for natural gas as provided by law."; and

Further amend said resolution, Page 2, Section 25, Line 30, by inserting after "(b)" the following: "Subsequent tax rate changes of any replacement tax authorized pursuant to this section above the rate initially authorized as provided herein shall be subject to the provisions of article X, section 22 of this constitution requiring voter approval.".

Senator Goode moved that the above amendment be adopted.

Senator Maxwell offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Joint Resolution No. 46, Page 1, Section 25, Line 2, by striking the words "and natural gas"; and

Further amend said bill, Page 1, Section 25, Lines 6 and 7, by striking all of said lines and inserting in lieu thereof the following: "from sales of electricity, including license or occupational taxes; franchise fees based on gross receipts from sales of electricity; local"; and

Further amend said bill, Page 1, Section 25, Line 9, by striking the words "and natural gas"; and

Further amend said bill, Page 2, Section 25, Lines 15 and 16, by striking all of said lines and inserting in lieu thereof the following: "other person who delivers electricity to the user, or upon the user if the electricity is received other than from a distributor or other person"; and

Further amend said bill, Page 2, Section 25, Lines 21 through 29, by striking all of said lines and inserting in lieu thereof the following: "as provided by law, for each generally recognized group of like users."; and

Further amend said title, enacting clause and intersectional references accordingly.

Senator Maxwell moved that the above substitute amendment be adopted.

Senator Johnson assumed the Chair.

President Wilson assumed the Chair.

Senator Johnson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Maxwell moved that SSA 1 for SA 1 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Caskey, Childers, Kenney and Klarich.

SSA 1 for SA 1 was adopted by the following vote:

YEAS--Senators
Bland Carter Caskey Clay
Graves House Howard Jacob
Kenney Kinder Klarich Maxwell
Mueller Quick Russell Scott
Sims Singleton Steelman Stoll
Wiggins Yeckel--22
NAYS--Senators
Bentley Childers DePasco Ehlmann
Flotron Goode Johnson Mathewson
Rohrbach Schneider Westfall--11
Absent--Senators--None
Absent with leave--Senator Staples--1

At the request of Senator Goode, SJR 46, with SCS, as amended (pending), was placed on the Informal Calendar.

RESOLUTIONS

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1354

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Menefee D. Blackwell, of Kansas City; and

WHEREAS, Mr. Blackwell, a native of Lexington, Missouri, was one of Kansas City's most distinguished and most highly respected lawyers; and

WHEREAS, Mr. Blackwell graduated from the University of Missouri-Columbia with an AB Degree in 1936; and

WHEREAS, Mr. Blackwell graduated from the University of Michigan School of Law in 1939 with a JD Degree and was also admitted to practice in Missouri in 1939; and

WHEREAS, Mr. Blackwell, during his undergraduate and law school careers, was a member of both Phi Beta Kappa and the Order of the Coif, the two highest honors available for individual scholastic achievement in any University then or now; and

WHEREAS, Mr. Blackwell distinguished himself among all lawyers in Kansas City and Missouri, wherein he was held in universal respect and admiration and was the distinguished senior partner and later of counsel for the firm of Blackwell, Sanders, Peper, Martin, one of the premier firms in Kansas City, Missouri with the reputation for its excellence and integrity:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of a distinguished Kansas City attorney, Menefee D. Blackwell, express their appreciation for his lifetime of good citizenship, and his contributions to Kansas City and the legal profession, and to extend to his family, legal associates and many friends most sincere sympathy on his death; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the family of Menefee D. Blackwell and Blackwell, Sanders, Peper, Martin.

REFERRALS

President Pro Tem Quick referred SCR 31 to the Committee on Rules, Joint Rules and Resolutions.

CONCURRENT RESOLUTIONS

Senators Maxwell and Bland offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 32

WHEREAS, three years after women won the right to vote, the Equal Rights Amendment to the United States Constitution, authored by Alice Paul, head of the National Women's Party, was introduced in Congress by Senator Curtis and Representative Anthony, both Republicans; and

WHEREAS, the Equal Rights Amendment to the United States Constitution passed the United States Senate and then the United States House of Representatives, and on March 22, 1972, the proposed Amendment to the United States Constitution was sent to the states for ratification; and

WHEREAS, the Equal Rights Amendment to the United States Constitution states:

"Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3. This amendment shall take effect two years after the date of ratification."; and

WHEREAS, Congress placed a deadline of June 30, 1982, on the ratification process and thirty-five states ratified the proposed Amendment before the deadline; and

WHEREAS, Congress may not have the constitutional authority to place a deadline on the ratification process; and

WHEREAS, Article V of the United States Constitution allows the General Assembly of the State of Missouri to ratify this proposed Amendment to the Constitution of the United States; and

WHEREAS, the General Assembly of the State of Missouri finds that the proposed Amendment is meaningful and needed as part of the United States Constitution and that the present political, social and economic conditions are the same as or are even more demanding today than they were when the proposed Amendment was first submitted for adoption:

NOW THEREFORE BE IT RESOLVED, by the Missouri Senate, Ninetieth General Assembly, Second Regular Session, the Missouri House of Representatives concurring therein, that the Equal Rights Amendment to the United States Constitution is hereby ratified; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the Archivist of the United States, Washington, D.C.; the Vice President of the United States; the Speaker of the United States House of Representatives; and each member of the United States Congress from Missouri with request that it be printed in the Congressional Record.

COMMUNICATIONS

President Pro Tem Quick submitted the following:

March 10, 2000

The Honorable Paula Carter

Missouri Senate

Capitol Building, Room 323

Jefferson City, MO 65101

Dear Senator Carter:

It is my pleasure to appoint you to the Senate Insurance and Housing and Senate Judiciary standing committees.

I look forward to working with you throughout this legislative session.

Sincerely,

/s/ Ed Quick

Edward E. Quick

President Pro Tem



INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, his daughters, Rachael and Elsa, Ballwin; and Laura, Gregory and Linda Geremia, Jefferson City; and Rachael, Elsa, Laura and Gregory were made honorary pages.

Senator Childers introduced to the Senate, Amber Simms, Jeremy Chapman, Melissa White, Tessa Timmons, Taylor Harness, Ashley Calloway, Matt Gouldsmith and Jeremy Denham, Reeds Spring.

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