Journal of the Senate

SECOND REGULAR SESSION


FIFTY-EIGHTH DAY--WEDNESDAY, APRIL 19, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

Dr. Hans Seeley wrote: "Stress never depends on what happens to you, but on how you take it."

Gracious Father, we know that we have Your assurance that we can endure all things because of Your willingness to share the stresses of life with us. You have taught us how, in Peter's words, to "cast all our anxieties on You." So we are relieved of carrying the burden we are required to take on all by ourselves. No matter what the stressful situation, no matter what the anxiety of the moment, we are conscious of Your love of us and care for us. For which we give You thanks and praise. 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 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 Sims offered Senate Resolution No. 1551, regarding Amanda Walker, St. Peters, which was adopted.

Senator Sims offered Senate Resolution No. 1552, regarding Kathleen Margaret "Katie" Vogel, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1553, regarding Stephanye L. Pitts, St. Peters, which was adopted.

Senator Sims offered Senate Resolution No. 1554, regarding Laura Mayomi Neumann, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1555, regarding Sarah McConkey, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1556, regarding Amy Lynn Lowder, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1557, regarding Jennifer Papin, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1558, regarding Elizabeth Otte, Ste. Genevieve, which was adopted.

Senator Sims offered Senate Resolution No. 1559, regarding Elizabeth Katherine Pund, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1560, regarding Abrea Saltzman, Manchester, which was adopted.

Senator Sims offered Senate Resolution No. 1561, regarding Alana Marie Stillwell, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1562, regarding Julie A. Ahal, Ballwin, which was adopted.

Senator Sims offered Senate Resolution No. 1563, regarding Trudy M. L. Aston, St. Peters, which was adopted.

Senator Sims offered Senate Resolution No. 1564, regarding Amy M. Cadwallader, Maryland Heights, which was adopted.

Senator Sims offered Senate Resolution No. 1565, regarding Teresa Cordonier, St. Peters, which was adopted.

Senator Sims offered Senate Resolution No. 1566, regarding Angela Deterding, St. Peters, which was adopted.

Senator Sims offered Senate Resolution No. 1567, regarding Karen Marie Heitmann, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1568, regarding Amanda Heuermann, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1569, regarding Rebecca S. Mitschele, Lake St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1570, regarding Lucinda Lee Guenther, Hillsboro, which was adopted.

Senator Sims offered Senate Resolution No. 1571, regarding Casandra Guenther, Hillsboro, which was adopted.

Senator Sims offered Senate Resolution No. 1572, regarding Jennifer Ann Samson, Ballwin, which was adopted.

Senator Sims offered Senate Resolution No. 1573, regarding Desiree L. Daehnke, Wentzville, which was adopted.

Senator Sims offered Senate Resolution No. 1574, regarding Molly Sutter, St. Louis which was adopted.

Senator Sims offered Senate Resolution No. 1575, regarding Erin Lenger, Wildwood, which was adopted.

Senator Sims offered Senate Resolution No. 1576, regarding Elizabeth Grunz, Defiance, which was adopted.

Senator Sims offered Senate Resolution No. 1577, regarding Karen E. Sims, Ballwin, which was adopted.

Senator Sims offered Senate Resolution No. 1578, regarding Kristin M. Vilbig, Ellisville, which was adopted.

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, to which was referred SCR 40, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 1465, with SCS, 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, to which was referred SCR 38, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCS for SBs 959 and 598, 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.

CONCURRENT RESOLUTIONS

Senator Staples moved that SCR 22 be taken up for adoption, which motion prevailed.

On motion of Senator Staples, SCR 22 was adopted by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Goode
Graves House Howard Jacob
Johnson Kenney Klarich Mathewson
Maxwell Mueller Quick Russell
Scott Sims Staples Steelman
Stoll Westfall Wiggins--27
NAYS--Senator Yeckel--1
Absent--Senators
Ehlmann Flotron Kinder Rohrbach
Schneider Singleton--6
Absent with leave--Senators--None

HOUSE BILLS ON THIRD READING

HCS for HB 1106, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 2000 and ending June 30, 2001.

Was taken up by Senator Goode.

Senator Johnson assumed the Chair.

SCS for HCS for HB 1106, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1106An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 2000 and ending June 30, 2001.

Was taken up.

Senator Goode moved that SCS for HCS for HB 1106 be adopted.

Senator Klarich offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1106, Page 19, Section 6.305, by deleting said section.

Senator Klarich moved that the above amendment be adopted.

Senator Wiggins assumed the Chair.

Senator Goode offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1106, Page 19, Section 6.305, Line 4, by deleting lines 4 through 10.

Senator Goode moved that the above substitute amendment be adopted.

President Wilson assumed the Chair.

President Pro Tem Quick assumed the Chair.

At the request of Senator Goode, SSA 1 for SA 1 was withdrawn.

SA 1 was again taken up.

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, House, Singleton and Yeckel.

SA 1 failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Ehlmann Flotron
Graves House Kenney Kinder
Klarich Sims Steelman Stoll
Yeckel--13
NAYS--Senators
Bland Carter Caskey Clay
DePasco Goode Howard Jacob
Johnson Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Singleton Staples Westfall
Wiggins--21
Absent--Senators--None
Absent with leave--Senators--None

Senator Klarich offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1106, Page 23, Section 6.372, Line 4, by deleting the figure "$500,000" and inserting in lieu thereof, the following "$0".

Senator Klarich moved that the above amendment be adopted.

Senator Wiggins assumed the Chair.

Senator Johnson assumed the Chair.

At the request of Senator Goode, HCS for HB 1106, with SCS and SA 2 (pending), was placed on the Informal Calendar.

Senator Scott assumed the Chair.

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 adopted SCS for HCS for HB 1101 and has again taken up and passed SCS for HCS for HB 1101.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1102, as amended, and requests the Senate to recede from its position, or failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1103, as amended, and requests the Senate to recede from its position, or failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1104 and requests the Senate to recede from its position, or failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1105, as amended, and requests the Senate to recede from its position, or failing to do so, grant the House a conference thereon.

REFERRALS

President Pro Tem Quick referred SCS for SBs 959 and 598 to the Committee on State Budget Control.

On motion of Senator DePasco, the Senate recessed until 2:30 p.m.



RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem Quick.

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 SCS for SBs 538 and 565, 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.

REFERRALS

President Pro Tem Quick referred SCS for SBs 538 and 565 to the Committee on State Budget Control.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred SCS for SBs 1027 and 815; SCS for SB 954; SS for SS No. 3 for SJR 35; SB 892; and HB 1186, begs leave to report that it has considered the same and recommends that the bills and joint resolution do pass.

HOUSE BILLS ON THIRD READING

Senator Goode moved that HCS for HB 1106, with SCS and SA 2 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

Senator Stoll assumed the Chair.

SA 2 was again taken up.

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

Senator Scott offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1106, Page 19, Section 6.308, Line 6, by deleting the number "$375,000" and inserting in lieu thereof "$675,000".

Senator Scott moved that the above amendment be adopted, which motion failed.

Senator Ehlmann offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1106, Page 19, Section 6.305, Line 10, by adding: "The attorney general shall file a lawsuit at the earliest possible time in a court of competent jurisdiction challenging the legality and constitutionality of the Clean Air Act as applied to the state of Missouri.".

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

Senator Johnson assumed the Chair.

Senator Goode moved that SCS for HCS for HB 1106, as amended, be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HCS for HB 1106, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Maxwell Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senator Klarich--1
Absent--Senators
Mathewson Schneider--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HCS for HB 1107, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.

Was taken up by Senator Goode.

SCS for HCS for HB 1107, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1107An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.

Was taken up.

Senator Goode moved that SCS for HCS for HB 1107 be adopted.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1107, Page 4, Section 7.040, Lines 1-9, by deleting said section and inserting in lieu thereof the following:

"Section 7.040. There is transferred out of the

State Treasury, chargeable to the General

Revenue Fund, Four Million Seven Hundred

Eighty-Four Thousand, One Hundred and

Eighty-Two Dollars ($4,784,182) to the

Missouri Technology Investment Fund, for the

Electronic Materials Applied Research Center,

Mid-America Manufacturing Technology

Center, Innovation Centers, Small Business

Development Center Satellites, and Centers

for Advanced Technology.

From General Revenue Fund $4,784,182".

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

Senator Goode moved that SCS for HCS for HB 1107, as amended, be adopted, which motion prevailed.

Senator Stoll assumed the Chair.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Ehlmann moved that the vote by which SCS for HCS for HB 1107, as amended, was adopted be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Bentley Childers DePasco Ehlmann
Flotron Goode Graves House
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Schneider Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--27
NAYS--Senators
Bland Carter Caskey Clay
Howard Russell Scott--7
Absent--Senators--None
Absent with leave--Senators--None

SCS for HCS for HB 1107, as amended, was again taken up.

Senator Ehlmann offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1107, Page 3, Section 7.025, Lines 2-11, by deleting said lines.

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

Senator Goode moved that SCS for HCS for HB 1107, as amended, be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HCS for HB 1107, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Jacob
Johnson Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators
Carter Howard--2
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Senator Mathewson assumed the Chair.

HCS for HB 1108, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.

Was taken up by Senator Goode.

SCS for HCS for HB 1108, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1108An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.

Was taken up.

Senator Goode moved that SCS for HCS for HB 1108 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HCS for HB 1108 was read the 3rd time and passed by the following vote:

YEAS--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 Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senator Singleton--1
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 1579, regarding Courtney W. "Corey" Schreckenberg, Leopold, which was adopted.

Senator Maxwell offered Senate Resolution No. 1580, regarding Dr. Marvin Elwood Rice, Mexico, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Larry and Jean Shannon, Bates County.

Senator Stoll introduced to the Senate, Ron and Tamara Ford, Arnold; and Bill and Jan Hensley, Imperial.

Senator Childers introduced to the Senate, Dick Erickson and Marjorie Taylor, Kimberling City.

Senator Carter introduced to the Senate, Amy Hilgemann, Ph.D., St. Louis; and Diane and Arvetta Batts and Ebony Ingram, Wood River, Illinois; and Diane, Arvetta and Ebony were made honorary pages.

Senator Mathewson introduced to the Senate, thirty-nine eleventh grade students from Northwest High School, Hughesville; and Ryan Cunningham, Jared Hoskins, Matt Karbinas and Amy Troutman were made honorary pages.

Senator Singleton introduced to the Senate, Brett Urich and Jeanne Wells, Carthage.

Senator Bentley introduced to the Senate, fourth grade students from Wanda Gray Elementary School, Springfield; and Christina Buckner, Stephanie Anderson and Nile Forsythe were made honorary pages.

Senator Mathewson introduced to the Senate, his grandchildren, Eric and Morgan Mathewson, Springfield; and Eric and Morgan were made honorary pages.

Senator Staples introduced to the Senate, fourth grade students from Eminence.

Senator Sims introduced to the Senate, forty-nine fifth grade students from Oak Hill School, St. Louis; and Anaelise Atkin, Kyle Schwert, Laura Ryback and Lizzie Griesedieck were made honorary pages.

Senator House introduced to the Senate, the Lincoln County Commissioner and Mrs. David Oney and Jared Uthe, Troy; and Jared was made an honorary page.

On behalf of Senator Quick, the President introduced to the Senate, Larry Harmon, Megan Norbert and students from Topping Elementary School, Kansas City.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Ron Swinfard, M.D., Columbia.

Senator Mathewson introduced to the Senate, Dr. Joe and Linda Huff, Dr. Robert Nelson, Dr. JC Standlee, Dr. and Mrs. Jacob Lippert and members of the Missouri Dental Association.

Senator Kenney introduced to the Senate, Dr. Stanley Hite and Dr. Dan Blackwell, Lee's Summit; and Dr. Ken Weinand, Independence.

Senator Singleton introduced to the Senate, representatives of the English as a Second Language Group from Neosho R-VIII Schools.

Senator Klarich introduced to the Senate, Alyse Theisen, West St. Louis County; and Alyse was made an honorary page.

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