Journal of the Senate

FIRST REGULAR SESSION


SEVENTH DAY--MONDAY, JANUARY 20, 1997


     The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, twenty-nine years ago a man with a dream died; but the dream of the man is still alive. We ask forgiveness that Rev. King's dream has not been realized for all Americans. We pray that You will help each of us to treat every other human being with dignity and respect and to accept every person as a brother or sister. In Jesus 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 for Thursday, January 16, 1997, was read and approved.

     The following Senators were present during the day's proceedings:
Present--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Absent with leave--Senators
ClayCurlsMaxwell--3
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Mathewson offered Senate Resolution No. 37, regarding Garry E. Taylor, which was adopted.

     Senator Mathewson offered Senate Resolution No. 38, regarding the Eighty-fifth Birthday of Hettie Spry Holliday, Tipton, which was adopted.

     Senator Scott offered Senate Resolution No. 39, regarding Keith Elliott, St. Louis, which was adopted.

     On behalf of Senator Curls, Senator Quick offered Senate Resolution No. 40, regarding Reverend A. L. Johnson, Kansas City, which was adopted.

     Senators House and Ehlmann offered Senate Resolution No. 41, regarding Tom Cronan, St. Charles, which was adopted.

     Senator House offered Senate Resolution No. 42, regarding Joe Daues, St. Charles, which was adopted.

     Senator House offered Senate Resolution No. 43, regarding Penny Pitman, St. Charles, which was adopted.

     Senator Staples assumed the Chair.

INTRODUCTION OF BILLS

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 253--By Westfall and McKenna.

     An Act relating to the regulation and licensing of clinical perfusionists, with penalty provisions and an effective date.

     SB 254--By Johnson, Westfall and Bentley.

     An Act to repeal section 67.582, RSMo Supp. 1996, relating to the law enforcement sales tax, and to enact in lieu thereof one new section relating to the same subject.

     SB 255--By Rohrbach.

     An Act to repeal sections 57.949, 57.967 and 57.982, RSMo 1994, relating to the sheriffs' retirement system, and to enact in lieu thereof three new sections relating to the same subject.

     SB 256--By Jacob.

     An Act to repeal section 175.021, RSMo 1994, and sections 172.035 and 174.055, RSMo Supp. 1996, relating to student representatives on the governing boards of certain institutions of higher education, and to enact in lieu thereof three new sections relating to the same subject.

     SB 257--By House.

     An Act to amend chapter 190, RSMo, by adding thereto one new section relating to pension programs in ambulance districts.

     SB 258--By House.

     An Act to repeal sections 67.455, 67.457, 67.459 and 67.461, RSMo Supp. 1996, and section 67.475, RSMo 1994, relating to certain political subdivisions, and to enact in lieu thereof seven new sections relating to the same subject.

     SB 259--By House.

     An Act Chapter 11, RSMo, is amended by adding thereto one new section relating to the common language of the state of Missouri.

     SB 260--By McKenna.

     An Act to repeal sections 572.070 and 572.125, RSMo 1994, relating to gambling, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

     SB 261--By Childers.

     An Act to repeal section 41.1000, RSMo Supp. 1996, relating to civil air patrol members who are state employees, and to enact in lieu thereof one new section relating to the same subject.

     SB 262--By Banks.

     An Act to repeal sections 329.040, 329.045, 329.080 and 329.085, RSMo Supp. 1996, relating to cosmetologists, and to enact in lieu thereof four new sections relating to the same subject.

     SB 263--By Banks.

     An Act to repeal sections 660.100, 660.105, 660.110, 660.115, 660.120, 660.122, 660.125 and 660.135, RSMo 1994, and section 660.130, RSMo Supp. 1996, relating to the funding of the Missouri utilicare and related energy assistance programs, and to enact ten new sections relating to the same subject, with an emergency clause.

     SB 264--By Caskey.

     An Act to repeal section 178.930, RSMo 1994, relating to sheltered workshops, and to enact in lieu thereof one new section relating to the same subject.

     SB 265--By Caskey.

     An Act to repeal sections 404.703, 404.705, 404.710, 404.714, 404.717, 404.723, 404.727 and 404.730, RSMo 1994, and section 404.719, RSMo Supp. 1996, relating to powers of attorney, and to enact in lieu thereof nine new sections relating to the same subject.

     SB 266--By Graves.

     An Act to repeal section 287.390, RSMo 1994, relating to workers' compensation, and to enact in lieu thereof one new section relating to the same subject.

     SB 267--By Graves.

     An Act to repeal section 67.1000, RSMo Supp. 1996, relating to motels and hotels, and to enact in lieu thereof one new section relating to the same subject.

     SB 268--By Graves.

     An Act to amend chapter 376, RSMo, by adding three new sections relating to payment for drugs for off-label use.

     SB 269--By Klarich and Wiggins.

     An Act to repeal sections 143.411, 143.471, 347.020, 347.037, 347.039, 347.081, 347.103, 347.109, 347.121, 347.125, 347.129, 347.133, 347.137, 347.141, 347.700, 347.705, 347.710, 355.431, 359.011, 359.165, 359.201, 359.351 and 484.020, RSMo 1994, and sections 347.015, 347.187 and 358.150, RSMo Supp. 1996, relating to regulation of business, and to enact in lieu thereof thirty-one new sections relating to the same subject, with an emergency clause.

     SB 270--By Flotron.

     An Act to repeal sections 287.020, 287.030, and 287.090, RSMo 1994, relating to employer and employee coverages and exemptions, and to enact in lieu thereof four new sections relating to the same subject.

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

January 16, 1997

TO THE SENATE OF THE 89th 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:

     Robert E. Bell, 43 Villa Coublay Drive, St. Louis, St. Louis County, Missouri 63131, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2000, 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

January 16, 1997

TO THE SENATE OF THE 89th 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:

     James R. Dickerson, Lake Road 54-80, Camdenton, Camden County, Missouri 65020, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2000, 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

January 16, 1997

TO THE SENATE OF THE 89th 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:

     Charles H. Kemper, Republican, 650 2nd Street, Post Office Box 86, Troy, Lincoln County, Missouri 63379, as a member of the Missouri Public Entity Risk Management Board of Trustees, for a term ending July 15, 2000, 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

January 16, 1997

TO THE SENATE OF THE 89th 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:

     Daniel S. Ross, 3000 Lakewood Court, Jefferson City, Cole County, Missouri 65109, as a member of the Personnel Advisory Board, for a term ending July 31, 2002, and until his successor is duly appointed and qualified; vice, RSMo 36.050.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 1997

TO THE SENATE OF THE 89th 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:

     Kala M. Stroup, 2024 Stadium Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2000, and until her 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

January 16, 1997

TO THE SENATE OF THE 89th 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:

     Charles P. Swisher, CHE, 15 Brazilian Court, St. Louis, St. Louis County, Missouri 63124, as a member of the Children's Trust Fund Board, for a term ending September 15, 1999, 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

January 16, 1997

TO THE SENATE OF THE 89th 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:

     Karen W. Taylor, 3300 Chapel Hill Road, Columbia, Boone County, Missouri 65203, as a member of the Missouri Training and Employment Council, for a term ending August 28, 2000, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 17, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 8, 1997 for your advice and consent.

     Arthur L. Poger, Democrat, 1109 Thornwood Drive, Ladue, St. Louis County, Missouri 63124, as a member of the Residential Mortgage Board, for a term ending October 10, 1999, and until his successor is duly appointed and qualified; vice, House Bill 63.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 16, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 8, 1997 for your advice and consent.

     Thomas E. Bangert, Democrat, 6123 Brookpark, Imperial, Jefferson County, Missouri 63052, as a member of the Residential Mortgage Board, for a term ending October 10, 1999, and until his successor is duly appointed and qualified; vice, House Bill 63.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 17, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 8, 1997 for your advice and consent.

     Shirley A. Grimmett, Republican, 5145 Old Wire Road, Brookline, Greene County, Missouri 65619, as a member of the Residential Mortgage Board, for a term ending October 10, 1998, and until her successor is duly appointed and qualified; vice, House Bill 63.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 17, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 8, 1997 for your advice and consent.

     Jennifer M. McCreight, Republican, 633 NE Rushbrook Place, Lee's Summit, Jackson County, Missouri 64064, as a member of the Residential Mortgage Board, for a term ending October 10, 1998, and until her successor is duly appointed and qualified; vice, House Bill 63.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 17, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 8, 1997 for your advise and consent.

     Carla A. Owens-Cobbs, 218 Dix Road, Apartment 17, Jefferson City, Cole County, Missouri 65109, as a member of the Personnel Advisory Board, for a term ending at the pleasure of the Governor; vice, House Bill 1146.

Respectfully submitted,

MEL CARNAHAN

Governor

     Senator McKenna request unanimous consent of the Senate to make one motion to return the withdrawals to the Governor, which request was granted.

     On motion of Senator McKenna, the appointments of Arthur L. Poger, Thomas E. Bangert, Shirley A. Grimmett, Jennifer M. McCreight and Carla A. Owens-Cobbs were returned to the Governor pursuant to his request.

MESSAGES FROM THE HOUSE

     The following message was 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 adopted HCS for HCRs 3, 5, 6 and 7.

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NOS. 3, 5, 6 and 7

     WHEREAS, on November 8, 1994, the voters of Missouri adopted Section 3 of Article XIII, of the Constitution of Missouri; and

     WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that the compensation of state elected officials, the General Assembly and state judges is to be set by the Missouri Citizens Commission on Compensation after public hearings and a review and study of the relationship of the compensation to the duties of the elected state officials, the members of the General Assembly and state judges; and

     WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that after the hearings, the Commission shall file its initial schedule of compensation with the Secretary of State and the Revisor of Statutes before December 1, 1996; and

     WHEREAS, on November 25, 1996, the Revisor of Statutes received the 1996 Report and Compensation Schedule (Appendix A) of the Missouri Citizens Commission on Compensation for Elected Officials, dated November 30, 1996; and

     WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that the schedule shall become effective unless disapproved by a concurrent resolution adopted by the General Assembly before February 1, 1997; and

     WHEREAS, the members of the General Assembly feel the compensation recommended in the Compensation Schedule is excessive, and is not appropriate at this time:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, hereby reject the 1996 Compensation Schedule (Appendix A) of the 1996 Report and Compensation Schedule of the Missouri Citizens Commission on Compensation for Elected Officials, dated November 30, 1996.

     In which the concurrence of the Senate is respectfully requested.

REPORTS OF STANDING COMMITTEES

     Senator Quick, 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 SCR 3, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

REFERRALS

     President Pro Tem McKenna referred HCS for HCRs 3, 5, 6 and 7 to the Committee on Rules, Joint Rules and Resolutions.

SECOND READING OF SENATE BILLS

     The following Bills and Joint Resolutions were read the 2nd time and referred to the Committees indicated:

     SB 142--Commerce and Environment.

     SB 143--Financial and Governmental Organization.

     SB 144--Aging, Families and Mental Health.

     SB 145--Commerce and Environment.

     SB 146--Education.

     SB 148--Financial and Governmental Organization.

     SB 149--Judiciary.

     SB 150--Insurance and Housing.

     SB 151--Education.

     SB 152--Education.

     SB 153--Public Health and Welfare.

     SB 154--Judiciary.

     SB 155--Agriculture, Conservation, Parks and Tourism.

     SB 156--Ways and Means.

     SB 157--Judiciary.

     SB 158--Public Health and Welfare.

     SB 159--Civil and Criminal Jurisprudence.

     SB 160--Transportation.

     SB 161--Judiciary.

     SB 162--Civil and Criminal Jurisprudence.

     SB 163--Financial and Governmental Organization.

     SB 164--Local Government and Economic Development.

     SB 165--Local Government and Economic Development.

     SB 166--Corrections and General Laws.

     SB 167--Local Government and Economic Development.

     SB 168--Education.

     SB 169--Judiciary.

     SB 170--Financial and Governmental Organization.

     SB 171--Local Government and Economic Development.

     SB 172--Insurance and Housing.

     SB 175--Local Government and Economic Development.

     SB 176--Appropriations.

     SB 177--Appropriations.

     SB 178--Judiciary.

     SB 179--Agriculture, Conservation, Parks and Tourism.

     SB 180--Civil and Criminal Jurisprudence.

     SB 181--Elections, Pensions and Veterans' Affairs.

     SB 182--Public Health and Welfare.

     SB 183--Public Health and Welfare.

     SB 184--Labor and Industrial Relations.

     SB 185--Education.

     SB 186--Ways and Means.

     SB 187--Education.

     SB 188--Financial and Governmental Organization.

     SB 189--Local Government and Economic Development.

     SB 190--Education.

     SB 191--Corrections and General Laws.

     SB 192--Elections, Pensions and Veterans' Affairs.

     SB 193--Financial and Governmental Organization.

     SB 194--Elections, Pensions and Veterans' Affairs.

     SB 195--Local Government and Economic Development.

     SB 196--Judiciary.

     SB 197--Financial and Governmental Organization.

     SB 198--Commerce and Environment.

     SB 199--Elections, Pensions and Veterans' Affairs.

     SB 200--Education.

     SJR 1--Judiciary.

     SJR 2--Appropriations.

     SJR 3--Judiciary.

     SJR 4--Appropriations.

     SJR 5--Education.

     SJR 6--Elections, Pensions and Veterans' Affairs.

     SJR 7--Appropriations.

INTRODUCTION OF BILLS

     The following Bill was read the 1st time and 1,000 copies ordered printed:

     SB 271--By Schneider.

     An Act to repeal sections 537.600 and 537.610, RSMo 1994, relating to civil liability, and to enact in lieu thereof four new sections relating to the same subject.

INTRODUCTIONS OF GUESTS

     Senator Rohrbach introduced to the Senate, Bob Knuth, Florida; and Todd Scott, Columbia.

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