Journal of the Senate

FIRST REGULAR SESSION


TWENTY-SECOND DAY--THURSDAY, FEBRUARY 13, 1997


     The Senate met pursuant to adjournment.

     Senator Banks in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, in Your wisdom You have provided many wonderful things for us to enjoy. We are thankful for that unexplainable, impossible to measure blessing we call love. Even the death of our partner can't remove it from our heart. We sing Your praises because of the gift of love. 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 of the previous day was read and approved.

     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
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Bentley offered Senate Resolution No. 236, regarding Charles H. "Charlie" O'Reilly, Jr., Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 237, regarding Jimmy Williams, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 238, regarding the Absolutely Incredible Kid Day, which was adopted.

     Senator Graves offered Senate Resolution No. 239, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John Currie, Tarkio, which was adopted.

     Senator Graves offered Senate Resolution No. 240, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Donald Marshall, Darlington, which was adopted.

     Senator Russell offered Senate Resolution No. 241, regarding Mary "Barbara" Medlock, which was adopted.

     Senator Quick offered Senate Resolution No. 242, regarding Ruth Buesing, Kansas City, which was adopted.

     Senator Wiggins offered Senate Resolution No. 243, regarding the death of Mary Louise Murphy, Kansas City, which was adopted.

     Senator Howard offered Senate Resolution No. 244, regarding Daniel Cody Brandt, which was adopted.

INTRODUCTION OF BILLS

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

     SB 396--By Scott.

     An Act to repeal section 506.145, RSMo 1994, relating to service of process, and to enact in lieu thereof seven new sections relating to the same subject, with an effective date.

     SB 397--By Jacob.

     An Act to repeal section 313.835, RSMo 1994, relating to certain scholarship programs, and to enact in lieu thereof three new sections relating to the same subject.

SENATE BILLS FOR PERFECTION

     Senator Mathewson moved that SB 16, with SCS and SA 10 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 10 was again taken up.

     Senator Flotron requested unanimous consent of the Senate to change the numeral "1998" to "1997" in SA 10, which request was granted.

     President Wilson assumed the Chair.

     Senator Banks resumed the Chair.

     Senator Flotron moved that SA 10 be adopted, which motion prevailed on a standing division vote.

     Senator Kenney offered SA 11:

SENATE AMENDMENT NO. 11

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 36, Section 130.021, Line 151, by inserting immediately after said line the following:

     "130.029. 1. Nothing herein contained shall be construed to prohibit any corporation organized under any general or special law of this state, or any other state or by an act of the Congress of the United States or any labor organization, cooperative association or mutual association from making any contributions or expenditures, provided:

     (1) That the board of directors of any corporation by resolution has authorized contributions or expenditures, or by resolution has authorized a designated officer to make such contributions or expenditures; or

     (2) That the members of any labor organization, cooperative association or mutual association have authorized contributions or expenditures by a majority vote of the members present at a duly called meeting of any such labor organization, cooperative association or mutual association or by such vote has authorized a designated officer to make such contributions or expenditures. Any labor organization making any contributions or expenditures pursuant to the authority of this subdivision shall obtain the written consent of all dues paying members for such contributions or expenditures when any part of the member's dues are commingled with any funds which are used by the organization to make such contributions or expenditures. Before obtaining any written consent required pursuant to this subdivision, the labor organization shall fully inform the member regarding the identity of the candidate or ballot measure for which the contributions or expenditures are to be used to support or oppose.

     2. No provision of this section shall be construed to authorize contributions or expenditures otherwise prohibited by, or to change any necessary percentage of vote otherwise required by, the articles of incorporation or association or bylaws of such labor organization, corporation, cooperative or mutual association.

     3. Authority to make contributions or expenditures as authorized by this section shall be adopted by general or specific resolution. This resolution shall state the total amount of contributions or expenditures authorized, the purposes of such contributions or expenditures and the time period within which such authority shall exist."; and

     Further amend the title and enacting clause accordingly.

     Senator Kenney moved that the above amendment be adopted.

     Senator Ehlmann offered SA 1 to SA 11, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 11

     Amend Senate Amendment No. 11 to Senate Committee Substitute for Senate Bill No. 16, Page 1, Section 130.029, Line 18, by inserting after the word "organization", the words: "which may require membership as a condition for work".

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

     SA 11, as amended, was again taken up.

     Senator Kenney moved that SA 11, as amended, be adopted.

     Senator Mathewson requested a roll call vote be taken on the adoption of SA 11, as amended, and was joined in his request by Senators Westfall, Childers, Russell and Caskey.

     SA 11, as amended, failed of adoption by the following vote:
Yeas--Senators
BentleyChildersEhlmannFlotron
GravesKenneyKinderKlarich
MuellerRohrbachRussellSingleton
WestfallYeckel--14
Nays--Senators
BanksCaskeyClayDePasco
GoodeHouseHowardJacob
JohnsonLybyerMathewsonMaxwell
McKennaQuickSchneiderScott
StaplesWiggins--18
Absent--Senators--Sims--1
Absent with leave--Senators--Curls--1

     Senator Kenney offered SA 12:

SENATE AMENDMENT NO. 12

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 19, Section 105.969, Line 24, by inserting immediately after said line the following:

     "116.023. Any statewide ballot measure approved by the voters, whether by initiative petition or referendum, shall be resubmitted to the voters for approval if amended or repealed at any time by the general assembly following initial voter approval of the measure. No measure so amended or repealed by the general assembly shall take effect until the voters approve by affirmative vote the amendment or repeal proposed by the general assembly,"; and

     Further amend the title and enacting clause accordingly.

     Senator Kenney moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 12 is out of order in that it goes beyond the scope and purpose of the original bill.

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

     Senator Childers offered SA 13, which was read:

SENATE AMENDMENT NO. 13

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 21, Section 130.011, Line 53, by inserting after the period on said line the words "But no organization shall divide its contribution in such a way as to expand the contribution limits set forth in the statutes of this state by having any member of such organization serve as a member of more than one political action committee contributing to any single candidate for office.".

     Senator Childers moved that the above amendment be adopted.

     At the request of Senator Childers, SA 13 was withdrawn.

     Senator Mathewson moved that SCS for SB 16, as amended, be adopted, which motion prevailed.

     On motion of Senator Mathewson, SCS for SB 16, as amended, was declared perfected and ordered printed.

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, after examination of SB 112, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

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

     Martin H. Michel and James L. Gray, III, as members of the Board of Pharmacy;

     Also,

     Daniel S. Ross, as a member of the Personnel Advisory Board;

     Also,

     Henry E. Clabaugh, as a member of the Missouri Real Estate Appraisers Commission;

     Also,

     Lynn M. Ewing, Jr., as a member of the Coordinating Board for Higher Education;

     Also,

     James T. Mudd, as a member of the Missouri State Board of Accountancy;

     Also,

     Amy S. Campbell, as a member of the Child Abuse and neglect Review Board;

     Also,

     William L. Treece and James R. Dickerson, as members of the Missouri Training and Employment Council;

     Also,

     Charles H. Kemper, as a member of the Missouri Public Entity Risk Management Board of Trustees;

     Also,

     Michael D. Baker, as a member of the Peace Officers Standards and Training Commission.

     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 and reappointments, which motion prevailed.

INTRODUCTION OF BILLS

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

     SB 398--By Bentley.

     An Act to authorize the governor to convey certain property of Southwest Missouri State University in Greene County Missouri, to the city of Springfield.

     SB 399--By Graves.

     An Act to repeal section 211.393, RSMo Supp. 1996, relating to juvenile court personnel, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

     SB 400--By Jacob.

     An Act to amend chapter 173, RSMo, by adding thereto one new section relating to the challenge scholarship program for higher education, with penalty provisions.

     SB 401--By Scott.

     An Act relating to the regulation of certain telecommunications and information technology systems, with penalty provisions.

REPORTS OF STANDING COMMITTEES

     Senator House, Chairman of the Committee on Education, submitted the following report:

     Mr. President: Your Committee on Education, to which was referred SB 287, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 119, begs leave to report that it has considered the same and recommends that the bill do pass.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 245, regarding the Sixty-seventh Wedding Anniversary of Mr. and Mrs. George Pogue, Brownington, which was adopted.

     Senator McKenna, joined by the entire membership of the Senate, offered Senate Resolution No. 246, regarding Major General Raymond L. Pendergrass, Jefferson City, which was adopted.

     Senator Jacob offered Senate Resolution No. 247, regarding Michael Jones, Columbia, which was adopted.

MISCELLANEOUS

     President Pro Tem McKenna submitted the following:

HEARING SCHEDULE

89TH GENERAL ASSEMBLY

1ST REGULAR SESSION

February 17, 1997

MondayTuesdayWednesdayThursday
8:30 a.m.Commerce and Environment - SL (Goode) Civil and Criminal Jurisprudence - SCR 2 (Caskey) Rules, Jt. Rules & Res. - SL (Quick)
9:00 a.m.Aging, Families & Mental Health - SCR 1 (Howard) Gubernatorial Appointments - SL (McKenna) Labor & Industrial Relations - SCR 1 (Clay)
1:00 p.m.Financial & Governmental Organization - SL (Maxwell) Transportation - SL (Staples) Agriculture, Conservation, Parks and Tourism - SCR 2 (Johnson)
Corrections and General Laws - SL (Scott)
2:00 p.m. Local Government & Economic Development - SCR 2 (Mathewson) Judiciary - SL (Schneider)
Elections, Pensions & Veterans' Affairs - SL (DePasco) Insurance & Housing - SCR 1 (Curls)
2:30 p.m. Education - SL (House)
8:00 p.m. Public Health and Welfare - SL (Banks) Ways and Means - SL (Wiggins)

          SL - Senate Lounge

          SCR 1 - Senate Committee Room 1, Room 118

          SCR 2 - Senate Committee Room 2, Room 119

INTRODUCTIONS OF GUESTS

     Senator Mathewson introduced to the Senate, the Physician of the Day, A.J. Campbell, M.D., Sedalia; Dr. Jamie Ulbrich, Marshall; and Derreck Menefee, Kansas City.

     Senator Lybyer introduced to the Senate, Tracy Bauer, Rich Fountain; and Tracy was made an honorary page.

     On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, February 17, 1997.