Journal of the Senate

FIRST REGULAR SESSION


TWENTIETH DAY--TUESDAY, FEBRUARY 11, 1997


     The Senate met pursuant to adjournment.

     Senator Staples in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, use us to reach out to the children of our state who are unwanted, neglected and abused. Use us to bring equality of opportunity to all of our people. Bless our efforts to reach out to those who need our help. 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 the Senate 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
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Curls--1

RESOLUTIONS

     Senator Kenney offered Senate Resolution No. 211, regarding Joseph Roger Billings, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 212, regarding John Andrew Billings, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 213, regarding Jonathan Bradley Lightner, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 214, regarding Jonathan Wade (Jon Bob) Thomas, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 215, regarding Aaron Paul Cherry, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 216, regarding Joshua Paul Merkley, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 217, regarding Steven Reid Merkley, Independence, which was adopted.

INTRODUCTION OF BILLS

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

     SB 375--By Mathewson.

     An Act to repeal sections 409.301, 409.403 and 409.415, RSMo 1994, and sections 409.201, 409.202, 409.203 and 409.401, RSMo Supp. 1996, relating to the Missouri uniform securities act, and to enact in lieu thereof eight new sections relating to the same subject.

     SB 376--By Russell.

     An Act to amend chapter 306, RSMo, by adding thereto five new sections relating to the regulation of vessels with penalty provisions.

     SB 377--By Jacob.

     An Act to repeal section 105.010, RSMo 1994, relating to public officers and employees, and to enact in lieu thereof one new section relating to the same subject.

     SB 378--By Jacob.

     An Act to repeal section 313.005, RSMo 1994, and sections 313.040 and 313.057, RSMo Supp. 1996, relating to bingo, and to enact in lieu thereof three new sections relating to the same subject.

     SB 379--By Caskey.

     An Act to repeal section 135.208, RSMo 1994, relating to enterprise zones, and to enact in lieu thereof one new section relating to the same subject.

     SB 380--By Howard.

     An Act to repeal section 630.003, RSMo 1994, relating to the state mental health commission, and to enact in lieu thereof one new section relating to the same subject.

     SB 381--By Howard.

     An Act to amend chapter 191, RSMo, by adding thereto one new section relating to testing for HIV and aids.

     SB 382--By Maxwell.

     An Act to repeal section 197.313, RSMo Supp. 1996, relating to residential care facilities, and to enact in lieu thereof one new section relating to the same subject.

     SJR 13--By DePasco, Rohrbach and McKenna.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 50 of article III of the Constitution of Missouri relating to initiative petitions, and adopting one new section in lieu thereof relating to the same subject.

SENATE BILLS FOR PERFECTION

     Senator Mathewson moved that SB 16, with SCS, SA 3, SSA 1 for SA 3 and SA 1 to SSA 1 for SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     At the request of Senator Singleton, SA 1 to SSA 1 for SA 3 was withdrawn.

     SSA 1 for SA 3 was again taken up.

     At the request of Senator Howard, SSA 1 for SA 3 was withdrawn.

     Senator Wiggins assumed the Chair.

     Senator Howard offered SSA 2 for SA 3:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 47, Section 130.036, Line 87, by inserting immediately after all of said line the following:

     "130.037. Any candidate may file a supplemental report containing information required pursuant to section 130.041, for the purposes of this section. Candidates whose supplemental report filed within thirty days of the effective date of this act or whose report filed pursuant to subdivision 2 of subsection 1 of section 130.046 reflects outstanding obligations in excess of moneys on hand, may convert their campaign committee to a debt service committee as provided in this section. If a debt service committee is formed, the committee may accept contributions from any person as long as the aggregate contribution from such person does not exceed the limits set, pursuant to section 130.032, for the election cycle in which the debt was incurred. A person who contributes to a debt service committee of a candidate may also contribute to the candidate's campaign committee for a succeeding election up to the amounts specified in section 130.032. The treasurer and the candidate shall terminate the debt service committee pursuant to section 130.021 when the contributions received exceeds the amount of the debt, and within thirty days the committee shall file disclosure reports pursuant to section 130.041 and shall return any excess moneys received to the contributor or contributors, if known, otherwise such moneys shall escheat to the state.

     [130.037. 1. Notwithstanding other provisions of the law to the contrary, any person who was a candidate at an election held on or before November 8, 1994, may form two candidate committees if that person's candidate committee reported outstanding obligations in excess of moneys on hand on the first report submitted pursuant to section 130.041 after November 8, 1994. One such committee shall be dedicated solely to raising moneys to pay off outstanding obligations of the candidate. The committee may accept funds from the candidate committee to pay off outstanding obligations. The committee may not engage in activities in support of the candidate for which it was formed, other than activities directly related to the retirement of debt. The committee may not contribute moneys to any other committee and may not make direct expenditures on behalf of any ballot issue. It may raise funds to retire the candidate's debt under the provisions of law in effect prior to November 8, 1994, so long as those contributions are expressly made to retire outstanding debt and are applied toward retiring such debt, but otherwise the provisions of this chapter apply. The treasurer and the candidate shall terminate the committee pursuant to section 130.021 within thirty days of its payment of the outstanding debt.

     2. If a candidate has formed or forms a candidate committee to raise funds for a future election, that committee may accept contributions in the amount authorized by law and may use any contributions received for any purpose lawful under this chapter, except the payment of debt incurred before November 8, 1994. Moneys in the official depository accounts of the two committees cannot be commingled.

     3. The provisions of this section shall expire December 31, 1996.]"; and

     Further amend the title and enacting clause accordingly.

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

     Senator Howard offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 53, Section 130.046, Line 60, by inserting immediately after the word "September." the following: "A continuing committee shall submit additional reports if it makes an expenditure, other than contributions to a committee, if the expenditure is five hundred dollars or more and if the expenditure is intended or may affect the election of any candidate or any ballot measure, within the reporting period at the following times for the following periods:

     (1) Not later than the seventh day before an election for the period closing on the twelfth day before the election;

     (2) Not later than forty-eight hours after any expenditure of five hundred dollars or more made after the twelfth day before the election; and

     (3) Not later than the thirtieth day after an election for a period closing on the twenty-fifth day after the election.

Such reports shall include disclosure information identifying any contribution made by any person, including a committee, to such continuing committee which is intended to be included in such expenditure. Such disclosure information shall conform with the content requirements of section 130.041.".

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

     Senator Flotron offered SA 5, which was read:

SENATE AMENDMENT NO. 5

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 47, Section 130.038, Line 1, by placing an opening bracket "[" before the number "130.038."; and

     Further amend said bill, Page 48, Section 130.038, Lines 32 & 33 by striking the following: "[7] 6" and inserting in lieu thereof the following: "7"; and

     Further amend said bill, Page 48, Section 130.038, Line 33, by placing a closing bracket "]" after the following "130.032."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Flotron offered SA 6, which was read:

SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 45, Section 130.036, Line 33, by inserting after the word "shall" the following: "exercise due diligence to obtain and shall"; and

     Further amend said bill, section and page, line 36, by striking the words "twenty-five" and inserting in lieu thereof the following: "one hundred".

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

     Senator Yeckel offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 61, Section 130.056, Line 102, by inserting immediately after all of said line the following:

     "Section 1. The ethics commission shall print and make available a summary of all laws over which the commission has enforcement powers pursuant to chapters 105 and 130, RSMo. Such summary shall be in plain English and compiled to put individuals on notice of such laws."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Mueller offered SA 8:

SENATE AMENDMENT NO. 8

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 41, Section 130.032, Line 3, by inserting immediately after the word "person" the following: "including a political party committee"; and

     Further amend said bill and section, pages 42-43, lines 48-65, by striking all of said lines; and

     Further amend said section by renumbering the remaining subsections accordingly.

     Senator Mueller moved that the above amendment be adopted.

     Senator Flotron offered SSA 1 for SA 8, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 8

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 16, Section 130.052, Line 1, by inserting immediately before said line the following:

     "Section 1. The provisions of section 130.032 shall terminate on December 31, 1998."; and

     Further amend the title and enacting clause accordingly.

     Senator Flotron moved that the above substitute amendment be adopted.

     At the request of Senator Flotron, SSA 1 for SA 8 was withdrawn.

     At the request of Senator Mueller, SA 8 was withdrawn.

     Senator Maxwell offered SA 9:

SENATE AMENDMENT NO. 9

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 11, Section 105.961, Line 27, by inserting immediately after "commission," the following: "if it has sufficient funds appropriated to pay a special prosecutor,"; and further amend line 30, by inserting immediately after the word "the" the following: "presiding judge of the circuit"; and further amend lines 34-35, by striking the following: ", and who shall be compensated as provided in section 56.130, RSMo"; and further amend line 37, by striking the word "sixty" and inserting in lieu thereof the word "ninety"; and further amend line 42, by striking the beginning bracket "["; and further amend line 43, by striking the closing bracket "]" and inserting in lieu thereof the following: "If the commission does not have sufficient funds to pay a special prosecutor, the commission shall refer the case to the prosecutor or prosecutors having criminal jurisdiction.".

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

     Senator Flotron offered SA 10:

SENATE AMENDMENT NO. 10

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 61, Section 130.052, Line 1, by inserting immediately before said line the following:

     "Section 1. The provisions of Section 130.032 shall terminate on December 31, 1998."; and

     Further amend the title and enacting clause accordingly.

     Senator Flotron moved that the above amendment be adopted.

     At the request of Senator Mathewson, SB 16, with SCS and SA 10 (pending), was placed on the Informal Calendar.

HOUSE BILLS ON SECOND READING

     The following Bill was read the 2nd time and referred to the Committee indicated:

     HB 14--Appropriations.

INTRODUCTION OF BILLS

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

     SB 383--By Caskey.

     An Act to repeal sections 195.010, 195.040, 195.060, 195.070, 195.080, 195.100, 195.110, 195.197, 195.204, 195.400 and 195.410, RSMo 1994, and sections 195.017, 195.030 and 570.030, RSMo Supp. 1996, relating to controlled substances, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions.

     SB 384--By Flotron and McKenna.

     An Act to repeal section 311.300, RSMo Supp. 1996, relating to certain businesses licensed to sell intoxicating liquor or nonintoxicating beer, and to enact in lieu thereof one new section relating to the same subject.

     SB 385--By Schneider.

     An Act to amend chapter 311, RSMo, by adding thereto fourteen new sections relating to wholesalers and brewers of beer.

     SB 386--By Schneider, McKenna, Howard and Ehlmann.

     An Act to repeal section 536.024, RSMo Supp. 1996, relating to administrative procedures, and to enact in lieu thereof one new section relating to the same subject.

     SB 387--By Schneider.

     An Act to repeal section 528.600, RSMo 1994, relating to the sale of certain property, and to enact in lieu thereof one new section relating to the same subject.

     SB 388--By Maxwell.

     An Act to repeal section 163.036, RSMo 1994, and sections 160.534, 163.011, 163.021, 165.011 and 166.300, RSMo Supp. 1996, relating to capital projects in school districts, and to enact in lieu thereof seven new sections relating to the same subject.

     SJR 14--By Schneider, Klarich, McKenna, Maxwell and Ehlmann.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment to article III of the Constitution of Missouri by adding thereto one new section relating to powers of the legislature.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 218, regarding Jean Wallace, Windsor, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Lybyer introduced to the Senate, Amber and representatives of Boys and Girls Town of Missouri.

     On behalf of Senators Bentley, Childers, Westfall and himself, Senator Singleton introduced to the Senate, representatives of Boys Town, Springfield; Cory Danner, Joplin; David Moore and Tanya Ledgerwood, Mountain View; Carl Delcour, Daniel Bedell and Anne Tucker, Springfield; and Brice Harley, Poplar Bluff.

     Senator Lybyer introduced to the Senate, twenty-nine eighth grade students from Raymondville School District R-7, Raymondville; and Ryan Kell, Stanley Smith, Lyndsey Strahan and Renee Erbschloe were made honorary pages.

     Senator Clay introduced to the Senate, Joe Hunt and Francis Slay, St. Louis.

     Senator Wiggins introduced to the Senate, Julie Walton, Karen Heflin, Shannon Stadler, Jane Gibler, Bar Kaelter and Lynn Smith, Kansas City.

     Senator Caskey introduced to the Senate, Jana Miller, Warrensburg.

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