Journal of the Senate

SECOND REGULAR SESSION


FORTY-SEVENTH DAY--THURSDAY, MARCH 30, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

"Faith cometh by hearing, and hearing by the Word of God." (Romans 10:17)

Heavenly Father, we conclude another week, grateful that we may have time this weekend with those we love. Grant that we may make good use of this time to hear the concerns of those who have missed us and to share our love for them. Grant us Your grace to enjoy and be thankful for the love we receive from those You have given us. And may we make time to hear Your word and may our hearts be attuned to Your voice forever. 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 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
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

Senator Schneider moved that SR 1337 be taken up for adoption, which motion prevailed.

Senator Johnson assumed the Chair.

Senator DePasco offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Resolution No. 1337, Page 1, Rule 26, Line 10 of said rule, by inserting after said line the following:

"Section A. The change in the number of members appointed to standing committees required by Rule 26 shall apply to appointments made after December 31, 2000.".

Senator DePasco moved that the above amendment be adopted.

Senator Schneider requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators Childers, Kenney, Klarich and Stoll.

President Pro Tem Quick assumed the Chair.

SA 1 was adopted by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senator Ehlmann--1
Absent--Senators--None
Absent with leave--Senator Mathewson--1

Senator Mueller offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Resolution No. 1337, Page 1, second line from bottom by changing the number "nine" to "thirteen" on said line.

Senator Mueller moved that the above admendment be adopted.

Senator Flotron moved that SA 2 be laid on the table, which motion failed.

SA 2 was again taken up.

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

Senator Stoll assumed the Chair.

Senator Schneider moved that SR 1337, as amended, be adopted, which motion failed by the following vote:

YEAS--Senators
Clay DePasco House Howard
Maxwell Mueller Quick Rohrbach
Schneider Scott Singleton Staples
Stoll Westfall Wiggins--15
NAYS--Senators
Bentley Bland Carter Caskey
Childers Ehlmann Flotron Goode
Graves Jacob Kenney Kinder
Klarich Russell Sims Steelman
Yeckel--17
Absent--Senator Johnson--1
Absent with leave--Senator Mathewson--1

President Wilson assumed the Chair.

SENATE BILLS FOR PERFECTION

Senator Scott moved that SB 850 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Scott offered SS for SB 850, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 850

An act to repeal section 334.128, RSMo 1994, relating to the state board of registration for the healing arts, and to enact in lieu thereof one new section relating to the same subject.

Senator Scott moved that SS for SB 850 be adopted, which motion prevailed.

On motion of Senator Scott, SS for SB 850 was declared perfected and ordered printed.

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 944, 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.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 1445, regarding Festus-Crystal City American Association of Retired Persons Chapter #4617, which was adopted.

Senator Klarich offered the following resolution:

SENATE RESOLUTION NO. 1446

Notice of Proposed Rule Change

Notice is hereby given by the Senator from the Twenty-sixth 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 Rules 3 and 101 be amended to read as follows:

"Rule 3. The business of the senate shall be disposed of in the following order:

1. Reading Journal.

2. Introduction of guests.

[2.] 3. Petitions, memorials and remonstrances.

[3.] 4. Resolutions.

[4.] 5. Concurrent Resolutions.

[5.] 6. Introduction of bills.

[6.] 7. Report of standing committees.

[7.] 8. Report of select committees.

[8.] 9. Second reading of Senate bills.

[9.] 10. Messages from House.

[10.] 11. First reading of House bills.

[11.] 12. House bills on second reading.

[12.] 13. Third reading of Senate bills.

[13.] 14. Bills, reports and other bills on the table, including bills for perfection.

[14.] 15. House bills on third reading.

[15.] 16. Order of the day.

17. Introduction of guests.

[16.] 18. Announcement of committee meetings, etc.

Rule 101. Public introduction of guests shall not be allowed in the Senate Chamber during the last ten calendar days of the session. At other times, the introduction of guests shall be the order of business at the beginning of each daily meeting of the Senate and immediately prior to daily adjournment.".

SENATE BILLS FOR PERFECTION

Senator Goode moved that SB 802, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SCS for SB 802, as amended, was again taken up.

Senator Klarich offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 802, Page 9, Section 99.872, Line 20, by inserting after all of said line the following:

"Section 1. Any district in any city not within a county, any county of the first classification with a population of more than nine hundred thousand, any county of the first classification with a population of more than one hundred seventy thousand and less than two hundred five thousand, any county of the third classification with a population of more than nineteen thousand five hundred and less than twenty thousand, any county of the first classification with a charter form of government and a population of less than two hundred fifty thousand according to the most recent federal decennial census and any county of the first classification with a population of more than eighty thousand and less than eighty-three thousand according to the most recent federal decennial census providing emergency services pursuant to chapter 190 or 321, RSMo, shall be entitled to reimbursement from the special allocation fund for direct costs. However, such reimbursement shall not be less than twenty-five percent nor more than one hundred percent of the district's tax increment."; and

Further amend the title and enacting clause accordingly.

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

Senator Goode moved that SCS for SB 802, as amended, be adopted, which motion prevailed.

Senator Wiggins assumed the Chair.

On motion of Senator Goode, SCS for SB 802, as amended, was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

SB 1049, introduced by Senator Caskey, et al, entitled:

An Act to repeal sections 247.031 and 393.130, RSMo 1994, relating to charges for water service, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up by Senator Caskey.

On motion of Senator Caskey, SB 1049 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Kenney Kinder Klarich
Maxwell Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Staples--2
Absent with leave--Senators
Johnson Mathewson--2

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 SB 944 to the Committee on State Budget Control.

President Pro Tem Quick referred SCR 35 to the Committee on Rules, Joint Rules and Resolutions.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Gubernatorial 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:

James E. Spain, Philip G. Conger and Sandra J. Donehue, as members of the Missouri Ethics Commission;

Also,

Owen D. Lunn, as a member of the Missouri Planning Council for Development Disabilities;

Also,

Robert G. Russell and E. Lenita Johnson, as members of the Central Missouri State University Board of Governors;

Also,

Audrey Robinson Jones, as a member of the Missouri Women's Council;

Also,

Charlene L. Jones, as a member of the Harris-Stowe State College Board of Regents;

Also,

Larry L. Deskins, as a member of the Regional Convention and Sports Complex Authority;

Also,

Ronald D. Boyer, as a member of the State Milk Board.

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.

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 1085, entitled:

An Act to repeal section 630.705, RSMo 1994, relating to standards for mental health facilities, 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 1396, entitled:

An Act to repeal sections 174.620 and 175.021, RSMo 1994, and sections 172.037, 174.610 and 175.020, RSMo Supp. 1999, relating to certain representatives on college and university boards, and to enact in lieu thereof eight 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 1097, entitled:

An Act to repeal section 537.340, RSMo 1994, relating to trespass, 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 1289, entitled:

An Act to repeal section 610.200, RSMo Supp. 1999, relating to law enforcement agency accident reports, 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 1848, entitled:

An Act to repeal section 334.040, RSMo Supp. 1999, relating to examination of physicians and surgeons, 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 1923, entitled:

An Act to repeal section 173.239, RSMo Supp. 1999, relating to educational assistance for members of the Missouri national guard, and to enact in lieu thereof one new section 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 1875, 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.

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 1802, 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.

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 1544, entitled:

An Act to repeal section 355.661, RSMo 1994, relating to authorized distributions by not-for-profit corporations, 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 1591, entitled:

An Act to amend chapter 344, RSMo, relating to nursing home administrators 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 1739, entitled:

An Act to repeal section 376.300, RSMo Supp. 1999, relating to life insurance companies, 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 1486, entitled:

An Act to repeal section 163.191, RSMo 1994, relating to state aid to community colleges, 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 1509, entitled:

An Act to repeal section 407.025, RSMo Supp. 1999, relating to unlawful merchandising practices, and to enact in lieu thereof one new section 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 HB 1374, entitled:

An Act to repeal section 455.205, RSMo Supp. 1999, relating to funding for domestic violence shelters, 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 1465, entitled:

An Act to repeal section 302.160, RSMo 1994, and section 302.302, RSMo Supp. 1999, relating to motor vehicle drivers' licenses, 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 HS for HCS for HBs 1172, 1501, 1633, 1440, 1634, 1177 and 1430, entitled:

An Act to repeal sections 407.020 and 407.025, RSMo Supp. 1999, relating to telecommunications merchandising practices, and to enact in lieu thereof nineteen new sections relating to the same subject, with penalty provisions and a contingent expiration date for certain sections.

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 1706, entitled:

An Act to repeal section 447.700, RSMo Supp. 1999, relating to eligible projects for brownfield remediation, 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 1428, entitled:

An Act to amend chapter 8, RSMo, by adding thereto one new section relating to a permanent memorial for workers killed or injured on the job.

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 1604, entitled:

An Act to amend chapter 226, RSMo, relating to the highways and transportation commission by adding thereto one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

INTRODUCTIONS OF GUESTS

Senator Westfall introduced to the Senate, the Farm Bureau Youth Leadership Group from Greene and Lawrence Counties.

Senator Klarich introduced to the Senate, Jonathan F. Dalton, Jr., St. Louis; and Jonathan was made an honorary page.

Senator Kinder introduced to the Senate, Erwin Karsel, Susan Kline and John Hoeckle, Perryville; and Melissa Schmidt, Frohna.

Senator Klarich introduced to the Senate, Paul Alt, Pacific; Donna Koch, Washington; LaTisha Gist, Union; Brittney Kaase and Dennis and Dorothy Segelhorst, Beaufort; and Jake Emby and Jeremy Hoch, Leslie.

Senator Yeckel introduced to the Senate, fifty-five students and ten adults from St. Catherine Laboure School, St. Louis; and Kim Everding, Tony Frankenberg, Laura Kohnen and John Sandroni were made honorary pages.

Senator Russell introduced to the Senate, Doyle Nelson, Greg Hardison, Luke Charleton and Travis Elliott, Dallas County.

Senator Rohrbach introduced to the Senate, Joyce Rohrbach, Shannon Diehl, Michelle Dick, Jennifer Kempfer, Claudia Burlingame, Rachel Rohrbach, Rebecca Frohmuth and Heidi Eshenbrenner, Moniteau County.

Senator Howard introduced to the Senate, John Barham and John Cooper, Poplar Bluff.

Senator Staples introduced to the Senate, Christina Mattingly, Heather Nicholson, Karen Detring and Casey Ferguson.

Senator Westfall introduced to the Senate, Jill Dryer, Cindy Wilson, Kevin Proctor, Kent McNeely, Jake Agee and Larry Drake, members of the Polk County Farm Bureau Youth Leadership.

Senator Singleton introduced to the Senate, Greg Ulmer and Zeb Royle, Carl Junction.

Senator Yeckel introduced to the Senate, Kathy Youngbauer, Karen Yost and fifteen fourth grade members of Cub Scouts, Webelos Den 5 and Den 9, Pack 267 from Beasley School, St. Louis.



Senator House introduced to the Senate, Jason Davis, Pendleton; Diana Hoette and Gina Korman, Montgomery City; Jennifer Lauer, Big Spring; Adam Uthlaut, New Florence; and Jayne Glosemeyer, Marthasville.

Senator Childers introduced to the Senate, Scott and Levi McWilliams, Brandi Hamby, Scott Foster and Shana Eck, Howell County.

Senator Russell introduced to the Senate, Jacque Samuelson, Carol Harper, Dusty Bartee and Codi Calvert, Camdenton; Peggy Parrack, Macks Creek; and Lindsay Meador, Lebanon.

Senator Graves introduced to the Senate, Richard Fordyce, Gary Hill and members of the Harrison County Farm Bureau Youth Leadership Group.

Senator Maxwell introduced to the Senate, Rachael Cope, Jeffrey Schafer, Randee Pease, Brian Deimeke, Deanna Aulbur, Leah Stafford and

Jeff Fennewald, Laddonia.

Senator Stoll introduced to the Senate, Cooper Tucker and members of the Festus Middle School National Junior Honor Society.

Senator Childers introduced to the Senate, Rebecca Ramsey, Nathan Waddell, Jeff and Carla Ramsey and Nancy Waddell, West Plains.

On behalf of Senator Johnson, Senator DePasco introduced to the Senate, Jay Sherrod, Jonathan Eastbourn, Trevor Cassity and Mark Pierce, DeKalb; Kyle Pierce and Brian Burnett, Faucett; and Camie Binder and Amy Cornelius, St. Joseph.

Senator Jacob introduced to the Senate, the Physician of the Day, Christy Tharenos, M.D., Columbia.

On motion of Senator DePasco, the Senate adjourned until 4:00 p.m., Monday, April 3, 2000.