Journal of the Senate

FIRST REGULAR SESSION


TWENTY-THIRD DAY--MONDAY, FEBRUARY 17, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, on President's Day we give thanks for the integrity and character of our past leaders. We pray that this same morality and strength come from our leaders of today. We ask for Divine help to bring out the best that is in those who serve in this body. We ask that You be with Senator Curls and his family. Amen.

     The Pledge of Allegiance to the Flag was recited.

     A quorum being established, the Senate proceeded with its business.

     The Journal for Thursday, February 13, 1997, 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 Lybyer offered Senate Resolution No. 248, regarding Connie Aichele, Adrian, Michigan, which was adopted.

     Senator Lybyer offered Senate Resolution No. 249, regarding Jim Taylor, Holts Summit, which was adopted.

     Senator Howard offered Senate Resolution No. 250, regarding Reverend Bobby Edgar Huskey, Ava, which was adopted.

     Senator Howard offered Senate Resolution No. 251, regarding L. Dwayne Hackworth, Ellington, which was adopted.

     Senator Maxwell offered Senate Resolution No. 252, regarding Charles "Levi" Rubison, Stoutsville, which was adopted.

     Senator Graves offered Senate Resolution No. 253, regarding the Ninety-fifth Birthday of Edith Pearce, Tarkio, which was adopted.

     Senator Graves offered Senate Resolution No. 254, regarding the Maryville Host Lions Club, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 255, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Paul Clark, Brookfield, which was adopted.

     Senator Graves offered Senate Resolution No. 256, regarding Misty Michel Brown, Laclede, which was adopted.

     Senator Graves offered Senate Resolution No. 257, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Marvin Webb, Cameron, which was adopted.

     Senator Graves offered Senate Resolution No. 258, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Raymond Houf, Unionville, which was adopted.

     Senator Graves offered Senate Resolution No. 259, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Olin Meek, Trenton, which was adopted.

     Senator Graves offered Senate Resolution No. 260, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Donald Eads, Trenton, which was adopted.

     Senator Yeckel offered Senate Resolution No. 261, regarding Christopher Michael Younce, St. Louis, which was adopted.

     Senator Staples offered Senate Resolution No. 262, regarding Mr. Roland A. "Skippy" Seal, which was adopted.

INTRODUCTION OF BILLS

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

     SB 402--By Lybyer.

     An Act to repeal section 197.400, RSMo 1994, and section 197.445, RSMo Supp. 1996, relating to the regulation of home health agencies, and to enact in lieu thereof two new sections relating to the same subject.

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 11, with SCA 1, be taken up for perfection, which motion prevailed.

     Senator Mathewson assumed the Chair.

     President Wilson assumed the Chair.

     Senator Mathewson resumed the Chair.

     SCA 1 was taken up.

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

     Senator Caskey offered SS for SB 11, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 11

     An Act to repeal sections 49.082, 50.334, 51.281, 52.269, 53.082, 54.261, 54.320, 55.091, 56.600, 57.317 and 57.550, RSMo 1994, and sections 50.333, 50.343, 56.265 and 58.095, RSMo Supp. 1996, relating to certain county officers and to enact in lieu thereof eighteen new sections relating to the same subject.

     Senator Caskey moved that SS for SB 11 be adopted.

     Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 11, Page 34, Section 54.320, Lines 3-14 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "Assessed Valuation     Salary

$18,000,000 to 40,999,999     $29,000

41,000,000 to 53,999,999     30,000

54,000,000 to 65,999,999     32,000

66,000,000 to 85,999,999     34,000

86,000,000 to 99,999,999     36,000

100,000,000 to 130,999,999     38,000

131,000,000 to 159,999,999     40,000

160,000,000 to 189,999,999     41,000

190,000,000 to 249,999,999     41,500

250,000,000 to 299,999,999     43,000

300,000,000 to 449,999,999     45,000."

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

     President Wilson resumed the Chair.

     Senator Wiggins assumed the Chair.

     Senator Ehlmann offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 11, Page 48, Section 1, Lines 8-9 of said section, by striking all of said lines and inserting in lieu thereof the following: "operating in such county, the county shall receive for the additional duties of"; and

     Further amend said bill, Page 49, Section 2, Lines 2 and 3 of said section, by striking all of said lines and inserting in lieu thereof the following: "highway passes, the county may receive an additional two thousand five hundred".

     Senator Ehlmann moved that the above amendment be adopted, which motion prevailed on a standing division vote.

     Senator Staples offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Bill No. 11, Page 49, Section 3, Line 25 of said page, by adding after said line the following:

     "Section 4. The county commissions shall set the per diem allowance for the General Assembly.".

     Senator Staples moved that the above amendment be adopted.

     At the request of Senator Staples, SA 3 was withdrawn.

     Senator Rohrbach offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Bill No. 11, Page 25, Section 53.082, Line 23, by adding after said line the following:

     "53.270. Any county assessor who has served for sixteen or more consecutive years as an [a county] assessor shall be exempt from attending or completing any course of study or classroom instruction required by this chapter to receive any additional compensation. Such assessor shall receive all increases in compensation granted to county assessors who complete such classroom instruction or course of study. If such assessor elects to attend or complete such study or classroom instruction his expenses shall be reimbursed."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Caskey moved that SS for SB 11, as amended, be adopted, which motion prevailed on a standing division vote.

     On motion of Senator Caskey, SS for SB 11, as amended, was declared perfected and ordered printed.

     Senator McKenna moved that SB 51, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 51, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 51

     An Act to repeal sections 452.150, 452.355, 452.370, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605 and 454.496 RSMo 1994, and sections 452.330, 452.340, 452.375 and 452.400, RSMo Supp. 1996, relating to child custody and child support proceedings, and to enact in lieu thereof fifteen new sections relating to the same subject.

     Was taken up.

     Senator McKenna moved that SCS for SB 51 be adopted.

     Senators House and Ehlmann offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 51, Page 13, Section 452.375, Line 127, by striking the word "sex," on said line and inserting in lieu thereof the word "[sex,]"; and

     Further amend said bill, Page 13, Section 452.375, Line 128, by inserting after the word "child." the following: "As between the parents of a child, no preference may be given to either parent in the awarding of physical and legal or physical or legal custody because of that parent's sex unless that parent's sex has been changed since the birth of the child, in which case preference is given to the other parent."; and

     Further amend said bill, Page 17, Section 452.400, Line 84, by striking the words "filing of" and inserting in lieu thereof the following: "hearing on".

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

     At the request of Senator McKenna, SB 51, with SCS, as amended (pending), was placed on the Informal Calendar.

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

February 13, 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:

     Jesse Jones, III, 4545 Forest Park Boulevard, St. Louis City, Missouri 63108, as a member of the Missouri Planning Council for Developmental Disabilities, for a term ending June 30, 1998, 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

February 13, 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:

     Gregory L. Solum, 1914 Allen Circle, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Planning Council for Developmental Disabilities, for a term ending June 30, 1997, 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

February 13, 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:

     Neva G. Thurston, 5812 W. Brazito Road, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Planning Council for Developmental Disabilities, for a term ending June 30, 1999, and until her 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.

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, to which was referred SCS for SB 16, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

     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 104, 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 Banks, Chairman of the Committee on Public Health and Welfare, submitted the following reports:

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 272, 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 Public Health and Welfare, to which was referred SB 262, 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 Wiggins, Chairman of the Committee on Ways and Means, Senator McKenna submitted the following reports:

     Mr. President: Your Committee on Ways and Means, to which was referred SB 254, 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 Ways and Means, to which was referred SB 124, 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. 124, Page 2, Section 144.025, Line 14, by striking the words "given in trade or exchanged" and inserting in lieu thereof the following: "traded or exchanged as a credit or partial payment"; and

     Further amend said bill, page and section, line 17, by inserting immediately after "motor." the following: "If the trade-in motor vehicle, trailer, boat or outboard motor has a valid Missouri certificate of title, the department of revenue may assume all sales and use taxes have been properly paid, unless the department has reason to believe otherwise".

     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 220, 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 Lybyer, Chairman of the Committee on Appropriations, submitted the following report:

     Mr. President: Your Committee on Appropriations, to which was referred HB 14, 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 House Bill No. 14, Page 1, Section 14.005, by deleting said section in its entirety; and

     Further amend said bill, page 2, section 14.020, by inserting immediately after said section the following new section:

"Section 14.022. To the Department of

      Elementary and Secondary Education

For the Commission for the Deaf

Expense and Equipment

From Missouri Board for the Deaf

Certification of Interpreters Fund     $6,000".

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following reports:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 255, 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 Elections, Pensions and Veterans' Affairs, to which was referred SB 194, 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 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 148, 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. 148, Page 1, Section 381.412, Line 5, by inserting after the word "funds." the following: "A buyer, seller, or lender which is a financial institution as defined in section 381.410, shall not be required to convey certified funds to a settlement agent."; and

     Further amend said bill, Page 2, Section 381.412, Line 17, by striking the word "section" and inserting in lieu thereof the following: "[section] subsection"; and

     Further amend said bill, Page 2, Section 381.412, Lines 22 and 23, by striking all of said lines and inserting in lieu thereof the following: "the public for the settlement of real estate transactions unless a"; and

     Further amend said bill, Page 2, Section 381.412, Line 27, by inserting after the word "funds." the following: "A financial institution as defined in section 381.410 shall not be required to use certified funds to make payments, disbursements or other transfers to such escrow accounts."; and

     Further amend said bill, Page 2, Section 381.412, Line 28, by inserting after the word "agent" the following: ", title insurer, title insurance agency or title insurance agent".

     Also,

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 261, 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. 261, Page 1, Section 41.1000, Line 4, by inserting immediately after the word "missions", the following: "except members of the Missouri National Guard".

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

     Mr. President: Your Committee on Education, to which was referred SB 310, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 310, Page 2, Section 177.091, Line 47, by striking the word "incidental" and inserting in lieu thereof the following: "capital projects".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 310, Page 2, Section 177.091, Line 41, by inserting immediately after the word "shall" the following: ", until July 1, 1998,"; and further amend line 45, by inserting immediately after the word "education" the following: ", and, on and after July 1, 1998, any such proceeds shall be placed to the credit of the capital projects fund".

     Also,

     Mr. President: Your Committee on Education, to which was referred SB 152, 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 Education, to which was referred SB 146, 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 Education, to which was referred SB 242, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

INTRODUCTION OF BILLS

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

     SB 403--By Schneider.

     An Act to amend chapter 143, RSMo, by adding thereto one new section relating to taxation.

     SB 404--By Schneider.

     An Act to repeal section 477.010, RSMo 1994, relating to the supreme court, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     SB 405--By Kenney.

     An Act to repeal section 191.227, RSMo 1994, relating to medical records, and to enact in lieu thereof one new section relating to the same subject.

     SJR 15--By Schneider and Goode.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 18 of article X of the Constitution of Missouri relating to taxation, and adopting one new section in lieu thereof relating to the same subject.

SECOND READING OF SENATE BILLS

     The following Bills and Joint Resolutions were read the 2nd time and referred to the Committees indicated:

     SB 361--Civil and Criminal Jurisprudence.

     SB 366--Education.

     SB 367--Civil and Criminal Jurisprudence.

     SB 368--Local Government and Economic Development.

     SB 369--Civil and Criminal Jurisprudence.

     SB 370--Elections, Pensions and Veterans' Affairs.

     SB 371--Local Government and Economic Development.

     SB 372--Judiciary.

     SB 373--Aging, Families and Mental Health.

     SB 374--Elections, Pensions and Veterans' Affairs.

     SB 375--Financial and Governmental Organization.

     SB 376--Agriculture, Conservation, Parks and Tourism.

     SB 377--Financial and Governmental Organization.

     SB 378--Ways and Means.

     SB 379--Local Government and Economic Development.

     SB 380--Aging, Families and Mental Health.

     SB 381--Aging, Families and Mental Health.

     SB 382--Public Health and Welfare.

     SB 383--Public Health and Welfare.

     SB 384--Corrections and General Laws.

     SB 385--Judiciary.

     SB 386--Judiciary.

     SB 387--Commerce and Environment.

     SB 388--Education.

     SB 389--Elections, Pensions and Veterans' Affairs.

     SB 390--Elections, Pensions and Veterans' Affairs.

     SB 391--Financial and Governmental Organization.

     SB 392--Public Health and Welfare.

     SB 393--Labor and Industrial Relations.

     SB 394--Local Government and Economic Development.

     SB 395--Local Government and Economic Development.

     SB 396--Corrections and General Laws.

     SJR 13--Elections, Pensions and Veterans' Affairs.

     SJR 14--Judiciary.

INTRODUCTIONS OF GUESTS

     On behalf of Senator McKenna, the President introduced to the Senate, Hannah and Emily Leone, Columbia; and Hannah and Emily were made honorary pages.

     Senator Clay introduced to the Senate, Fred Brown and Dr. Sam Nussbaum, St. Louis.

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