Journal of the Senate

FIRST REGULAR SESSION


ELEVENTH DAY--MONDAY, JANUARY 27, 1997


     The Senate met pursuant to adjournment.

     Senator Mathewson in the Chair.

     Senator Maxwell offered the following prayer:

     Our Dear and most Gracious Heavenly Father. We humble ourselves and our lives to Your almighty power. Those of us who found ourselves traveling our beautiful highways today firsthand witnessed both Your splendor and Your power as You have transformed our world into a winter wonderland. We thank You for the hand of safety You provided us in bringing us safely here today. We further ask You, Oh Lord, to provide safety to those who are traveling today. We as Your servants and as the servants of the citizens of this great state ask for Your guidance as we proceed with our duties set before us. As we now begin our legislative week and year, may we always remember that all things are possible through You. And as your servant Solomon did pray before us, we too pray for the wisdom You hold. Please help us to pray in Your name and not in our own. These things in Jesus Name. 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 23, 1997, was read and approved.

     Senator Quick announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

     The following Senators were present during the day's proceedings:
Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Jacob--1
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 66, regarding the Cass-Midway High School Championship Football Squad, which was adopted.

     Senator Graves offered Senate Resolution No. 67, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Joe Grace, Albany, which was adopted.

     Senator Mathewson offered Senate Resolution No. 68, regarding the Sacred Heart School, Sedalia, which was adopted.

     Senator Graves offered Senate Resolution No. 69, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Walter Nicholson, Hopkins, which was adopted.

     Senator Graves offered Senate Resolution No. 70, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Clyde Lightfoot, Hale, which was adopted.

     Senator Graves offered Senate Resolution No. 71, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Delbert Beeman, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 72, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bob Corder, Lancaster, which was adopted.

     Senator Flotron offered Senate Resolution No. 73, regarding the Beauty Outlet, Manchester, which was adopted.

     Senator Flotron offered Senate Resolution No. 74, regarding Mr. Weston "Wes" Willman, Bridgeton, which was adopted.

     Senator Wiggins offered Senate Resolution No. 75, regarding the death of Charles Michael "Mike" McKinnie, Kansas City, which was adopted.

     Senator Schneider offered Senate Resolution No. 76, regarding Adam J. Niedringhaus, St. Louis, which was adopted.

     Senator Howard offered Senate Resolution No. 77, regarding C. A. Walker Construction Co., Inc., Dexter, which was adopted.

     Senator Howard offered Senate Resolution No. 78, regarding Dexter Community Betterment, which was adopted.

     Senator Howard offered Senate Resolution No. 79, regarding Delores Bailiff, Dexter, which was adopted.

     Senator Howard offered Senate Resolution No. 80, regarding Mr. Bud Shell, Dexter, which was adopted.

CONCURRENT RESOLUTIONS

     Senator Lybyer moved that SCR 3, with SS and SA 2 (pending), be taken up for adoption, which motion prevailed.

     President Wilson assumed the Chair.

     Senator Mathewson resumed the Chair.

     SA 2 was again taken up.

     Senator Caskey moved that the above amendment be adopted and requested a standing division vote be taken. He was joined in his request by Senators Clay and Klarich.

     SA 2 failed of adoption on a standing division vote.

     SS for SCR 3, as amended, was again taken up.

     At the request of Senator McKenna, SS for SCR 3, as amended, was withdrawn.

     On motion of Senator Lybyer, SCR 3 was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannGoodeHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellQuick
RohrbachRussellScottSims
SingletonStaplesWestfallWiggins
Yeckel--25
Nays--Senators
ClayCurlsMcKenna--3
Absent--Senators--None
Absent with leave--Senators
BanksFlotronGravesJacob
MuellerSchneider--6

INTRODUCTION OF BILLS

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

     SB 290--By Caskey.

     An Act to repeal section 362.915, RSMo 1994, relating to bank holding companies, and to enact in lieu thereof one new section relating to the same subject.

     SB 291--By Scott.

     An Act to repeal sections 339.503, 339.505, 339.507, 339.511, 339.515, 339.517, 339.519, 339.523, 339.525, 339.529, 339.532 and 339.545, RSMo 1994, relating to real estate appraisers and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions.

     SB 292--By Maxwell.

     An Act to repeal sections 413.225 and 413.227, RSMo 1994, relating to regulation of weights and measures, and to enact in lieu thereof two new sections relating to the same subject.

     SB 293--By Maxwell.

     An Act to repeal section 208.010, RSMo 1994, and to enact in lieu thereof one new section relating to certain preneed funeral contracts.

     SB 294--By Westfall and Maxwell.

     An Act to repeal sections 137.035, 144.021, 144.440, 144.700, 144.701, 151.140, 151.160, 163.022, 163.023, 163.032, 164.013, 164.021, 164.031, 164.041, 164.071 and 177.088, RSMo 1994, and sections 137.073, 144.020, 151.150, 163.011, 163.021, 163.031, 163.087, 164.011 and 165.011, RSMo Supp. 1996, relating to funding for public schools, and to enact in lieu thereof seventeen new sections relating to the same subject, with a referendum clause.

     SB 295--By Westfall.

     An Act to amend chapter 407, RSMo, by adding thereto fourteen new sections relating to massage businesses, with penalty provisions.

     SB 296--By House and Ehlmann.

     An Act to amend chapter 610, RSMo, by adding thereto one new section relating to the information network of Missouri.

     SB 297--By Klarich.

     An Act to amend chapter 427, by adding thereto fifteen new sections relating to collateral protection, with an effective date.

     SB 298--By DePasco.

     An Act to repeal sections 86.387, 86.447, 86.450, 86.453, 86.457, 86.463, 86.467, 86.620, 86.650 and 86.670, RSMo 1994, and sections 86.370, 86.430, 86.600, 86.630 and 86.672, RSMo Supp. 1996, relating to certain police retirement systems, and to enact in lieu thereof fifteen new sections relating to the same subject.

     SB 299--By Lybyer.

     An Act to repeal sections 21.145 and 476.380, RSMo 1994, relating to reimbursement for expenses, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

     SB 300--By Lybyer, Kinder, Ehlmann, Childers, Bentley, Scott, DePasco, Westfall and Kenney.

     An Act to amend chapter 508, RSMo, by adding thereto one new section for the purpose of requiring the courts of this state to apply the doctrine of forum non conveniens in civil cases.

     SB 301--By Lybyer and McKenna.

     An Act to repeal sections 142.009, 142.010, 142.020, 142.030, 142.040, 142.050, 142.060, 142.070, 142.080, 142.090, 142.100, 142.110, 142.120, 142.130, 142.140, 142.150, 142.160, 142.165, 142.166, 142.170, 142.180, 142.200, 142.210, 142.220, 142.230, 142.240, 142.250, 142.260, 142.270, 142.280, 142.290, 142.295, 142.300, 142.330, 142.340, 142.350, 142.362, 142.364, 142.366, 142.372, 142.374, 142.403, 142.404, 142.406, 142.412, 142.422, 142.432, 142.442, 142.452, 142.462, 142.466, 142.472, 142.482, 142.492, 142.511, 142.513, 142.515, 142.517, 142.521, 142.531, 142.541, 142.551, 142.561, 142.563, 142.571, 142.573, 142.575, 142.577, 142.579, 142.583, 142.584, 142.591, 142.611, 142.617 and 142.621, RSMo 1994, relating to the collection of motor fuel taxes, and to enact in lieu thereof fifty-five new sections relating to the same subject, with penalty provisions.

     SB 302--By Quick.

     An Act to repeal section 575.110, RSMo 1994, relating to tampering with a public record, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

     SB 303--By Quick.

     An Act to repeal sections 238.202, 238.207, 238.210, 238.212, 238.215, 238.220, 238.227, 238.230, 238.232, 238.235, 238.237 and 238.240, RSMo 1994, relating to transportation development districts, and to enact in lieu thereof thirteen new sections relating to the same subject.

     SB 304--By Quick.

     An Act to repeal sections 362.471, 362.610, 400.3-118, 400.4-111 and 427.041, RSMo 1994, and sections 304.155 and 362.077, RSMo Supp. 1996, relating to certain banking transactions, and to enact in lieu thereof ten new sections relating to the same subject.

COMMUNICATIONS

     President Pro Tem McKenna submitted the following:

MISSOURI SENATE

January 23, 1997

Senator Jerry T. Howard

State Capitol Building Room 428A

Jefferson City, MO 65101

Dear Jerry,

Please be advised that I have appointed you as a member of the Missouri Seismic Safety Commission (Chapter 44.227, RSMo 1994).

If I can be of any assistance please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

     Also,

MISSOURI SENATE

January 27, 1997

The Honorable Joe Maxwell

Missouri State Senate

Capitol Building, Room 219

Jefferson City, MO 65101

Dear Joe:

Please be informed that as a member of the Joint Committee on Administrative Rules, I am appointing you chairman of the Senate members of this committee. This year the house members will select the chairman of the full committee, which means you will be the vice chairman. This, of course, is subject to a vote of the full committee.

This committee may be dealing with some heavy legal issues as a result of the court ruling. I feel that it is important to have members who have all chaired this committee representing our body. Your legal background should add to our mix.

If you have any questions, or if I can be of any assistance, please do not hesitate to contact me.

               Sincerely,

               /s/ Bill

               Bill McKenna

               President Pro Tem

               Missouri Senate

INTRODUCTIONS OF GUESTS

     Senator Kinder introduced to the Senate, John Cook, Cape Girardeau.

     Senator Johnson introduced to the Senate, ninety-nine seventh grade students from Truman Middle School, St. Joseph.

     Senator Howard introduced to the Senate, members of the Pemiscot Port Authority, Steve Watkins, Hayti; Bob Robins, Cape Girardeau; Tom Stevens, St. Louis; and Earl Bullington, Councilman Johnny Harmon, Dusty Grooms and Dwayne Michie, Caruthersville.

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