Journal of the Senate

FIRST REGULAR SESSION


FIFTEENTH DAY--MONDAY, FEBRUARY 3, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Dear Lord, guide us, direct us, lead us, even correct us, but please don't ever leave us. Teach us, use us, inspire us, even chasten us, but please don't ever turn away from us. Your presence keeps us going. 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 30, 1997, was read and approved.

     The following Senators were present during the day's proceedings:
Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None

RESOLUTIONS

     Senator Howard offered Senate Resolution No. 119, regarding Scott Rayfield, Piedmont, which was adopted.

     Senator Howard offered Senate Resolution No. 120, regarding John "J.J." Miller, Piedmont, which was adopted.

     Senator Howard offered Senate Resolution No. 121, regarding Jonathon "Jon" Eads, Piedmont, which was adopted.

     Senator Howard offered Senate Resolution No. 122, regarding Jeffry Payton, Piedmont, which was adopted.

     Senator Howard offered Senate Resolution No. 123, regarding Ryan Huitt, Patterson, which was adopted.

     Senator Howard offered Senate Resolution No. 124, regarding Jeffrey "Jeff" Birschbach, Piedmont, which was adopted.

     Senator Howard offered Senate Resolution No. 125, regarding Joseph M. Toney, Piedmont, which was adopted.

     Senator Kinder offered Senate Resolution No. 126, regarding Water Waddle, Inc., East Prairie, which was adopted.

     Senator Graves offered Senate Resolution No. 127, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Benjamin Jackson, Meadville, which was adopted.

     Senator Wiggins offered Senate Resolution No. 128, regarding Noreen Accurso, which was adopted.

     Senator Graves offered Senate Resolution No. 129, regarding Nathan Merservey, Trenton, which was adopted.

     Senator Maxwell offered Senate Resolution No. 130, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Eston Moon, Canton, which was adopted.

     Senator Flotron offered Senate Resolution No. 131, regarding Joella M. Miller, which was adopted.

     Senator Flotron offered Senate Resolution No. 132, regarding Central County Emergency 911, which was adopted.

     Senator Wiggins offered Senate Resolution No. 133, regarding William F. Quinn, which was adopted.

     Senator Wiggins offered Senate Resolution No. 134, regarding Congressman Peter T. King, which was adopted.

     Senator Caskey offered Senate Resolution No. 135, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Damon Shannon, Amsterdam, which was adopted.

     Senator Staples offered Senate Resolution No. 136, regarding Mr. Ronald L. Whittier, which was adopted.

CONCURRENT RESOLUTIONS

     Senator Ehlmann offered the following concurrent resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE CONCURRENT RESOLUTION NO. 18

     WHEREAS, section 160.526, RSMo, provides that the Commissioner of Education shall inform the President Pro Tempore of the Senate and the Speaker of the House about the procedures to implement the statewide assessment system, which shall include a report related to the reliability and validity of the assessment instruments; and

     WHEREAS, section 160.526, RSMo, provides that the General Assembly may, within thirty legislative days after such report is submitted, veto the implementation of the statewide assessment system by a concurrent resolution adopted by a majority of both the Senate and the House of Representatives; and

     WHEREAS, on December 19, 1996, the Missouri State Board of Education adopted a resolution endorsing the Missouri Assessment Program; and

     WHEREAS, Commissioner of Education, Dr. Robert E. Bartman, submitted the Blueprint for the Missouri Assessment Program, dated December 27, 1996, to the President Pro Tempore of the Missouri Senate and the Speaker of the Missouri House of Representatives; and

     WHEREAS, the Blueprint for the Missouri Assessment Program merely outlines procedures to obtain reliability and validity and does not include specific data on the reliability and validity of the proposed test; and

     WHEREAS, the new assessment is expected to place an unfunded, mandated cost on local school districts, contrary to the provisions of Article X, Section 21 of the Missouri Constitution; and

     WHEREAS, the assessment report leaves a number of issues unresolved and describes itself as a "work in progress" rather than a final product;

     NOW, THEREFORE, BE IT RESOLVED that we the members of the Senate of the Eighty-ninth General Assembly, the House of Representatives concurring therein, hereby veto the implementation of the statewide assessment system as submitted in Blueprint for the Missouri Assessment Program and request the Department of Elementary and secondary Education to determine the reliability and validity of the tests, the funding sources for the tests, and resubmit them to the legislature for their approval; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution to be submitted to the Governor for the Governor's approval.

INTRODUCTION OF BILLS

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

     SB 332--By Wiggins.

     An Act to repeal sections 313.205, 313.270, 313.300 and 313.321, RSMo 1994, relating to the state lottery, and to enact in lieu thereof four new sections relating to the same subject.

     SB 333--By Clay.

     An Act relating to certain telecommunications services.

     SJR 10--By McKenna.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39(a) of article III of the Constitution of Missouri, relating to bingo and adopting one new section in lieu thereof relating to the same subject.

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SB 169, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     Senator Lybyer offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 169, Page 2, Section 286.005, Line 16, by striking the word "equal" on said line and inserting in lieu thereof the words "not to exceed"; and further amend line 17, by striking the word "to"; and further amend said bill, page 3, section 287.615, line 6, by striking the words "be as follows" and inserting in lieu thereof the words "not exceed".

     Senator Lybyer moved that the above amendment be adopted.

     At the request of Senator Lybyer, SA 1 was withdrawn.

     Senator Graves offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 169, Page 3, Section 286.005, Line 63, by inserting immediately after all of said line the following:

"287.390. 1. Nothing in this chapter shall be construed as preventing the parties to claims hereunder from entering into voluntary agreements in settlement thereof, but no agreement by an employee or his dependents to waive his rights under this chapter shall be valid, nor shall any agreement of settlement or compromise of any dispute or claim for compensation under this chapter be valid until approved by an administrative law judge or the commission, nor shall an administrative law judge or the commission approve any settlement for which [is] they have not [in accordance with] explained the rights of [the] any unrepresented parties as given in this chapter. No such agreement shall be valid unless made after seven days from the date of the injury or death.

2. If the employee or his dependents and the employer wish to agree to a settlement or cannot agree to a settlement, the administrative law judge, associate ad-ministrative law judge or legal advisor shall not refer, send, or otherwise direct either party to any attorney, physician or other provider of services, except as provided under subsection 2 of section 287.210.

3. It shall be the policy of the division that no employee of the division shall refer, send, or otherwise direct any party to any attorney or panel of attorneys, physician or other provider of services.

     4. In the case of compromise settlements in which the employer and the employee, with or without representation by attorney, agree to the settlement, and in which the amount of the settlement equals or exceeds the physician's rating pursuant to subsection 6 of section 287.210, the division shall not refuse to approve the compromise settlement agreement.

[2.] 5. A compromise settlement approved by an administrative law judge or the commission during the employee's lifetime shall extinguish and bar all claims for compensation for the employee's death if the settlement compromises a dispute on any question or issue other than the extent of disability or the rate of compensation.

[3.] 6. Notwithstanding the provisions of section 287.190, an employee shall be afforded the option of receiving a compromise settlement as a one-time lump sum payment. A compromise settlement approved by an administrative law judge or the commission shall indicate the manner of payment chosen by the employee.

[4.] 7. A minor dependent, by parent or conservator, may compromise disputes and may enter into a compromise settlement agreement, and upon approval by an administrative law judge or the commission the settlement agreement shall have the same force and effect as though the minor had been an adult. The payment of compensation by the employer in accordance with the settlement agreement shall discharge the employer from all further obligation."; and

     Further amend the title and enacting clause accordingly.

     Senator Graves moved that the above amendment be adopted.

     Senator Wiggins assumed the Chair.

     Senator Schneider raised the point of order that SA 2 is out of order in that the amendment goes beyond the scope of the bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Clay assumed the Chair.

     Senator Singleton offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Bill No. 169, Page 3, Section 286.005, Line 63, by adding "Subsection 10. Nothing in this act shall allow a disability determination greater than that determined by medical physicians licensed in this state.".

     Senator Singleton moved that the above amendment be adopted.

     Senator Schneider raised the point of order that SA 3 is out of order in that the amendment goes beyond the scope of the bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Rohrbach offered SA 4, which was read:

SENATE AMENDMENT NO. 4

     Amend Senate Bill No. 169, Page 2, Section 286.005, Line 18, by deleting all of said line.

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

     Senator Klarich offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Bill No. 169, Page 1, Section A, Line 2 by striking "two" and inserting in lieu thereof "three"; and further amend Section A, Line 3, by striking "and 287.615"; and inserting in lieu thereof the following ", 287.615 and Section 1 "; and

     Further amend said bill, Page 4, Section 287.615, Line 29, by inserting immediately after all of said line the following:

     "Section 1. 1. Any terminated adminis-trative law judge or legal advisor may make a one-time election for the system to pay the present value of his annuity benefits if the terminated administrative law judge or legal advisor served as such for less than twelve years and is not within fifteen years of receiving retirement benefits. Except as provided in subsection 2 of this section, any payment so made shall be a complete discharge of the existing liability of the system with respect to the terminated administrative law judge or legal advisor.

     2. Upon subsequent employment for a period of twelve consecutive months as an administrative law judge or legal advisor, the employee may elect, within ninety days after such twelve-month period, to purchase creditable service equal to the amount of creditable service surrendered due to a payment as specified in this section. The cost of such purchase shall be actuarially determined by the system, and shall be paid over a period of not longer than two years from the date of election, with interest on the unpaid balance.".

     Senator Klarich moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 5 is out of order in that it goes beyond the scope and purpose of the original subject matter of the bill.

     At the request of Senator Klarich, SA 5 was withdrawn, rendering the point of order moot.

     Senator Staples offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Bill No. 169, Page 4, Section 287.615, Line 29, by inserting after said line the following:

     "Section 1. Other provisions of the law to the contrary notwithstanding, the per diem paid to legislators for each day on which the Journal of the House and Senate, as may be, shows the presence of such Representative or Senator, shall be in an amount equal to that allowed by the Internal Revenue Service for federal employees when such employees are in the City of Jefferson."; and

     Further amend the title and enacting clause accordingly.

     Senator Staples moved that the above amendment be adopted.

     Senator Mathewson raised the point of order that SA 6 is out of order in that it goes beyond the scope and purpose of the bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     On motion of Senator Schneider, SB 169, as amended, was declared perfected and ordered printed.

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 30, 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:

     Angela E. Cass, 1733 S. Luster, Apartment 101, Springfield, Greene County, Missouri 65804, as a member of the Committee for Professional Counselors, 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 30, 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:

     Douglas W. Guthals, Democrat, 6015 North Michigan, Gladstone, Clay County, Missouri 64118, as a member of the Missouri Health Facilities Review Committee, for a term ending January 1, 1999, and until his successor is duly appointed and qualified; vice, Jackie Herndon, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 30, 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:

     Donald L. Harrison, Republican, 2456 Brookwood, Cape Girardeau, Cape Girardeau County, Missouri 63701, as a member of the Southeast Missouri State University Board of Regents, for a term ending January 1, 2001, 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 30, 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 J. "Duke" McVey, 1414 Dixon Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Children's Trust Fund Board, for a term ending September 15, 1997, and until his successor is duly appointed and qualified; vice, Sandra Downard, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 30, 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:

     Doyle L. Privett, Republican, 1814 Allison, Kennett, Dunklin County, Missouri 63857, as a member of the Southeast Missouri State University Board of Regents, for a term ending January 1, 2003, and until his 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.

     President Pro Tem McKenna resumed the Chair.

INTRODUCTION OF BILLS

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

     SB 334--By Mathewson.

     An Act to repeal section 136.055, RSMo 1994, and section 301.030, RSMo Supp. 1996, relating to the licensing of motor vehicles, and to enact in lieu thereof two new sections relating to the same subject.

     SB 335--By Kinder.

     An Act to repeal section 253.401, RSMo 1994, relating to tax credits for historic preservation, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

REPORTS OF STANDING COMMITTEES

     Senator Schneider, Chairman of the Committee on Judiciary, submitted the following reports:

     Mr. President: Your Committee on Judiciary, to which was referred SB 56, 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 Judiciary, to which was referred SB 161, 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 Scott, Chairman of the Committee on Corrections and General Laws, submitted the following reports:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 70, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 89, 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.

     Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following reports:

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 122, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 58, 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 Staples, Chairman of the Committee on Transportation, submitted the following reports:

     Mr. President: Your Committee on Trans-portation, to which was referred SB 59, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Trans-portation, to which was referred SB 67, 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. 67, Page 4, Section 238.365, Lines 2 through 6, by deleting all of said lines and inserting in lieu thereof the following: "collection regulations is guilty of an infraction and upon conviction thereof, shall be punished by a fine to be determined by the court."; and

     Further amend said bill, Page 4, Section 238.365, Lines 10 through 12, by deleting all of said lines and inserting in lieu thereof the following: " proceeding to enforce this section, subject to foundation evidence to establish the authenticity of the report, call or photographs. Photo monitoring system evidence which shows that the driver of a vehicle has failed to pay a toll shall raise a rebuttable presumption that the motor vehicle shown in the photographic evidence was used in violation of this section."; and

     Further amend said bill, Page 4, Section 238.367, Line 19, by inserting after the word "therein" the following: ", subject to foundation evidence to establish the authenticity of such photographs, microphotographs, video-tape or other recorded images produced by a photo monitoring system,".

     Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 246, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     On behalf of Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, Senator Quick submitted the following reports:

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 179, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 216, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 155, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 34, 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. 34, Page 2, Section 1, Line 46, by striking the following: "MG-05" and inserting in lieu thereof the following: "MC-05"; and

     Further amend said bill, Page 3, Section 1, Line 64, by striking the following: "MG-05" and inserting in lieu thereof the following: "MC-05".

     Senator Maxwell, Chairman of the Committee on Financial and Governmental Organization, submitted the following reports:

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 131, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 170, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 197, 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 Scott, Chairman of the Committee on Corrections and General Laws, submitted the following report:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 128, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 128, Page 3, Section 408.140, Line 55, by striking: "Other provisions of law to the contrary notwithstanding" and further amend said bill by inserting in lieu thereof the following: "Except as provided in subsection 2 of this section".

INTRODUCTION OF BILLS

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

     SB 336--By Flotron and Schneider.

     An Act to amend chapter 217, RSMo, by adding thereto one new section relating to offender education.

RESOLUTIONS

     Senator Maxwell offered Senate Resolution No. 137, regarding Jarrett Anderson, which was adopted.

INTRODUCTIONS OF GUESTS

     Senators Wiggins and Johnson introduced to the Senate, Bill Grigsby, Kansas City.

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