Journal of the Senate

FIRST REGULAR SESSION


EIGHTEENTH DAY--THURSDAY, FEBRUARY 6, 1997


     The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, the Disciples didn't ask Jesus how to work miracles, raise the dead or how to preach great sermons. The only thing they asked Him how to do was to pray. Lord, we are thankful for the gift of prayer. We depend upon our daily contact with You. Use this time to teach us and use us. 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.

     Senator Quick announced that photographers from News 30-St. Louis and 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
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Scott--1
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 179, regarding the Ninetieth Birthday of Catherine (Bennett) Halter, Savannah, which was adopted.

     Senator Graves offered Senate Resolution No. 180, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Harold Kornbrust, Marceline, which was adopted.

     Senator Graves offered Senate Resolution No. 181, regarding Mike Kuwitzky, which was adopted.

     Senator Singleton offered Senate Resolution No. 182, regarding Home Schooling in Jasper, Newton and McDonald Counties, which was adopted.

     Senator Graves offered Senate Resolution No. 183, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ora Snyder, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 184, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Forrest Gilmore, Trenton, which was adopted.

     Senator Graves offered Senate Resolution No. 185, regarding the Ninety-ninth Birthday of Mr. Carl William Hayzlett, Forest City, which was adopted.

INTRODUCTION OF BILLS

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

     SB 354--By Mathewson.

     An Act to repeal sections 313.540 and 313.660, RSMo 1994, relating to off-track pari-mutuel wagering, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

     SB 355--By Clay.

     An Act to amend chapter 115, RSMo, by adding thereto one new section relating to term limits for federal officers.

     SB 356--By Clay.

     An Act to repeal sections 313.805 and 313.820, RSMo 1994, relating to gaming operations, and to enact in lieu thereof two new sections relating to the same subject.

     SB 357--By Howard.

     An Act to repeal section 278.080, RSMo Supp. 1996, as enacted by senate bill 3 of the first regular session of the eighty-eighth general assembly, and section 278.080, RSMo Supp. 1996, as enacted by senate bill 65 of the first regular session of the eighty-eighth general assembly, relating to the state soil and water districts commission, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     SB 358--By Rohrbach.

     An Act to repeal section 210.150, RSMo 1994, relating to the release of records by the division of family services, and to enact in lieu thereof two new sections relating to the same subject.

     SB 359--By House.

     An Act to repeal sections 513.430, 513.440 and 513.475, RSMo 1994, relating to property exempt from creditors' claims, and to enact in lieu thereof three new sections relating to the same subject.

     SB 360--By Caskey.

     An Act to repeal sections 160.538, 162.081, 163.036, 165.121, 166.260, 167.131 and 168.221, RSMo 1994, and sections 160.534, 163.011, 163.031, 165.011, 165.111 and 166.300, RSMo Supp. 1996, relating to education, and to enact in lieu thereof twenty-one new sections relating to the same subject.

     SB 361--By Caskey.

     An Act to repeal sections 193.085, 193.087, 193.145, 193.215, 210.822, 210.826, 210.832, 210.834, 210.839, 210.841, 285.300, 285.302, 285.304, 288.250, 379.116, 451.040, 452.305, 452.315, 452.350, 452.370, 454.410, 454.415, 454.425, 454.440, 454.455, 454.460, 454.465, 454.470, 454.475, 454.485, 454.490, 454.495, 454.496, 454.500, 454.505, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.603, 454.808, 486.225 and 620.145, RSMo 1994, sections 454.400, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.935, 454.937, 454.940, 454.942, 454.945, 454.947, 454.950, 454.952, 454.955, 454.957, 454.960, 454.962, 454.965, 454.967, 454.970, 454.972, 454.975, 454.977, 454.979 and 454.980, RSMo Supp. 1996, and sections 210.842 and 452.345, as both versions of such sections appear in RSMo Supp. 1996, and to enact in lieu thereof one hundred thirty new sections for the purpose of complying with federal mandates for child support enforcement, with penalty provisions, an effective date for certain sections and an emergency clause.

     SB 362--By Russell.

     An Act to repeal sections 104.010, 104.340, 104.350, 104.371, 104.372, 104.374, 104.401, 104.420, 104.470, 104.490, 104.519, 104.602, 104.612, 104.620, 105.691, 287.812, 287.835, 287.845, 476.480, 476.520, 476.530, 476.555, 476.580 and 476.595, RSMo 1994, and sections 104.312, 104.335, 104.395, 104.410, 104.517, 104.530, 104.800, 476.515 and 476.690, RSMo Supp. 1996, relating to certain state retirement systems, and to enact in lieu thereof thirty-three new sections relating to the same subject.

     SB 363--By Kinder.

     An Act to repeal sections 67.781, 67.782, 67.783, 67.785, 67.788 and 67.789, RSMo 1994, relating to the county recreational system act, and to enact in lieu thereof six new sections relating to the same subject.

     SB 364--By Maxwell.

     An Act to amend chapter 650, RSMo, relating to the establishment of a committee for 911 service oversight.

     SB 365--By Flotron.

     An Act to repeal sections 166.200, 166.201, 166.203, 166.207, 166.215, 166.218, 166.220, 166.225, 166.228, 166.231, 166.233, 166.237 and 166.242, RSMo 1994, and section 166.205, RSMo Supp. 1996, relating to college savings plans, and to enact in lieu thereof thirteen new sections relating to the same subject.

     SJR 11--By Maxwell.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 37(e) of article III of the Constitution of Missouri relating to powers of the legislature by adding thereto three new sections relating to the issuance of bonds for water pollution control.

     SJR 12--By Curls.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 11(b) of article X of the constitution of Missouri relating to the approval of tax rates for school districts, and adopting two new sections in lieu thereof relating to the same subject.

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 121 be taken up for perfection, which motion prevailed.

     Senator Caskey offered SS for SB 121, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 121

     An Act to repeal section 307.178, RSMo 1994, relating to motor vehicle safety requirements, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

     Senator Caskey moved that SS for SB 121 be adopted.

     Senator Wiggins assumed the Chair.

     Senator Lybyer offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 121, Page 2, Section 307.178, Lines 7-8, by striking the words ", other than a driver who is not wearing a properly adjusted and fastened safety belt,".

     Senator Lybyer moved that the above amendment be adopted.

     Senator Caskey requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators Johnson, Childers, Rohrbach and Westfall.

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

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

     Amend Senate Substitute for Senate Bill No. 121, Page 2, Section 307.178, Line 7, by deleting the new underlined language on lines 7 and 8; and further amend said section, line 12, by deleting the brackets on said line and by deleting the new underlined language on lines 12 through 21.

     Senator Childers moved that the above substitute amendment be adopted.

     Senator Caskey requested a roll call vote be taken on the adoption of SSA 1 for SA 1 and was joined in his request by Senators Clay, Banks, Johnson and Russell.

     SSA 1 for SA 1 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersJacobMueller
RohrbachRussellSchneider--7
Nays--Senators
BanksCaskeyClayCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaQuick
SimsSingletonStaplesWestfall
WigginsYeckel--26
Absent--Senators--None
Absent with leave--Senators--Scott--1

     SA 1 was again taken up.

     SA 1 was adopted by the following vote:
Yeas--Senators
BentleyChildersClayFlotron
GravesHowardJacobKenney
KinderLybyerMaxwellMcKenna
MuellerRohrbachRussellSchneider
SimsSingleton--18
Nays--Senators
BanksCaskeyCurlsDePasco
EhlmannGoodeHouseJohnson
KlarichMathewsonQuickStaples
WestfallWigginsYeckel--15
Absent--Senators--None
Absent with leave--Senators--Scott--1

     At the request of Senator Caskey, SB 121, with SS, as amended (pending), was placed on the Informal Calendar.

MESSAGES FROM THE GOVERNOR

     The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 1997

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

     The following addendum should be made to the appointment of James L. Gray, III for the Board of Pharmacy, submitted to you on January 21, 1997. Line 3 should be amended to read:

     for a term ending January 21, 1999

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 1997

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

     The following addendum should be made to the appointment of Thomas M. Gialde for the Board of Pharmacy, submitted to you on January 21, 1997. Line 3 should be amended to read:

     for a term ending January 21, 2001

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 1997

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

     The following addendum should be made to the appointment of Martin H. Michel for the Board of Pharmacy, submitted to you on January 21, 1997. Line 3 should be amended to read:

     for a term ending January 21, 2000

Respectfully submitted,

MEL CARNAHAN

Governor

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 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.

     Cathy Pribyl, RN, MN, 500 20th Avenue South, Greenwood, Jackson County, Missouri 64034, as a member of the State Advisory Council on Emergency Medical Services, for a term ending January 5, 2000, and until her successor is duly appointed and qualified; vice, Laurie Gehrke, resigned.

Most sincerely,

MEL CARNAHAN

Governor

     President Pro Tem McKenna moved that the above appointment be returned to the Governor, pursuant to his request, which motion prevailed.

REPORTS OF STANDING COMMITTEES

     Senator McKenna, 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 begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     Richard C. Robinson, as a member of the Missouri Board of Barber Examiners;

     Also,

     Patricia D. Hoskins, as a member of the Missouri Community Service Commission;

     Also,

     Anne S. Deaton, as a member of the Missouri Planning Council on Developmental Disabilities;

     Also,

     Muriel W. Battle, as a member of the Children's Trust Fund Board.

     Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments which motion prevailed.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 186, regarding Walter E. Buck, Raymore, which was adopted.

     Senator Graves offered Senate Resolution No. 187, regarding the Ninetieth Birthday of Edna Rogers, Helena, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Bentley introduced to the Senate, Andy Lavalley and Robert E. Smith, Springfield.

     On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, February 10, 1997.