Journal of the Senate

FIRST REGULAR SESSION


TWENTY-FOURTH DAY--TUESDAY, FEBRUARY 18, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, of all Your gifts, none is more precious than the gift of life. We respect the dignity and worth of every person. Especially important to us are the young because for the abundant life, they are dependent upon us. Help us to keep the needs of the young ever before us. 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

RESOLUTIONS

     Senator Wiggins offered Senate Resolution No. 263, regarding Christopher Michael Cosgrove, Kansas City, which was adopted.

     Senator Wiggins offered Senate Resolution No. 264, regarding Micah Don Silvey, Kansas City, which was adopted.

     Senator Wiggins offered Senate Resolution No. 265, regarding Timothy David Haggard, Raytown, which was adopted.

     Senator Wiggins offered Senate Resolution No. 266, regarding Dustin Charles Gemmer, Kansas City, which was adopted.

     Senator Wiggins offered Senate Resolution No. 267, regarding Travis Ross Wycoff, Greenwood, which was adopted.

     Senator Bentley offered Senate Resolution No. 268, regarding Mr. Charlie Spoonhour, which was adopted.

     Senator Bentley offered Senate Resolution No. 269, regarding W. O. "Orville" Pottenger, which was adopted.

     Senator Bentley offered Senate Resolution No. 270, regarding Lori Endicott, which was adopted.

SENATE BILLS FOR PERFECTION

     Senator Staples moved that SB 19, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

     Senator Staples moved that the above amendment be adopted, which motion failed.

     Senator Johnson assumed the Chair.

     Senator Kinder offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 19, Page 1, In the Title, Line 3, by striking "three" and inserting in lieu thereof the word "four"; and

     Further amend said bill, page 1, section A, line 1, by striking "three" and inserting in lieu thereof the word "four"; and further on lines 2-3, by striking "and 2" and inserting in lieu thereof the following: ", 2 and 3"; and

     Further amend said bill, page 3, section 2, line 52, by inserting immediately after said line the following:

     "Section 3. 1. Any state agency desiring to disclose the home address or home phone number of any state employee shall obtain the written consent of the employee prior to the disclosure. No such disclosure shall be made without the consent of the employee.

     2. Any violation of this section shall be a class A misdemeanor.

     3. This section shall not be construed to authorize any disclosure which is otherwise prohibited under the law.".

     Senator Kinder moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Howard, Staples and Yeckel.

     Senator Howard raised the point of order that SA 1 is out of order in that it goes beyond the scope of the subject matter of the bill.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     SA 1 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersEhlmannFlotron
GravesKenneyKinderKlarich
MuellerRohrbachRussellSims
SingletonWestfallYeckel--15
Nays--Senators
BanksCaskeyClayDePasco
GoodeHouseHowardJacob
JohnsonLybyerMathewsonMaxwell
McKennaQuickSchneiderScott
StaplesWiggins--18
Absent--Senators--None
Absent with leave--Senators--Curls--1

     Senator Kinder offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 19, Page 1, In the Title, Line 3, by striking "three" and inserting in lieu thereof the word "four"; and

     Further amend said bill, page 1, section A, line 1, by striking "three" and inserting in lieu thereof the word "four"; and further on lines 2-3, by striking "and 2" and inserting in lieu thereof the following: ", 2 and 3"; and

     Further amend said bill, page 3, section 2, line 52, by inserting immediately after said line the following:

     "Section 3. 1. Any state agency desiring to disclose the home address or home phone number of any state employee shall not disclose such information if the employee has provided a letter to the state agency asking that the information not be disclosed.

     2. Any violation of this section shall be a class A misdemeanor.

     3. This section shall not be construed to authorize any disclosure which is otherwise prohibited under the law.".

     Senator Kinder moved that the above amendment be adopted.

     Senator Caskey offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

     Amend Senate Amendment No 2 to Senate Bill No. 19, Page 1, Section 3.2, Line 12, by deleting said line; and

     Further amend said bill by renumbering the remaining subsection accordingly.

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

     Senator Kinder moved that SA 2, as amended, be adopted, which motion prevailed.

     On motion of Senator Staples, SB 19, as amended, was declared perfected and ordered printed.

     Senator Lybyer moved that SB 22 be taken up for perfection, which motion prevailed.

     Senator Wiggins assumed the Chair.

     Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 22, Page 4, Section 178.893, Line 1, by deleting all of said line and inserting in lieu thereof the following:

     "178.893. A public community college district or a state technical college fully accredited by the North Central Association of Colleges and Universities as an institution of higher education,".

     Senator Mathewson moved that the above amendment be adopted.

     At the request of Senator Lybyer, SB 22, with SA 1 (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

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

     SJR 16--By Goode.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 28 of article IV of the constitution of Missouri relating to state treasury withdrawals, and adopting one new section in lieu thereof relating to the same subject.

     On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

     The time of recess having expired, the Senate was called to order by Senator Wiggins.

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 271, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Martin Volker, Tarkio, which was adopted.

     Senator Graves offered Senate Resolution No. 272, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Elmo Fore, Cameron, which was adopted.

     Senator Graves offered Senate Resolution No. 273, regarding the Eightieth Birthday of Georgia Headrick and Martha Dawson, which was adopted.

     Senator Graves offered Senate Resolution No. 274, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. James Callow, Maitland, which was adopted.

     Senator Graves offered Senate Resolution No. 275, regarding Sue Allen, Sumner, which was adopted.

SENATE BILLS FOR PERFECTION

     Senator Goode moved that SB 72, with SCAs 1 and 2, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

     Senator Goode moved that the above amendment be adopted.

     Senator Klarich offered SSA 1 for SCA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 72, Page 2, Section 643.310, Line 13, by placing an opening bracket "[" before the comma "," and further amend line 17, by placing a closing bracket "]" after the numeral "7545"; and

     Further amend said bill, page 1, Section A, line 4, by inserting immediately after said line, the following:

     "643.305. 1. The air conservation commission shall adopt a state implementation plan to bring all nonattainment areas of the state which are located within a city not within a county, any county of the first classification having a population of over nine hundred thousand inhabitants, any county of the first classification with a charter form of government and a population of not more than two hundred twenty thousand inhabitants and not less than two hundred thousand inhabitants, any county of the first classification without a charter form of government with a population of not more than one hundred eighty thousand inhabitants and not less than one hundred seventy thousand inhabitants [and any county of the first classification without a charter form of government with a population of not more than eighty-two thousand inhabitants and not less than eighty thousand inhabitants], into compliance with and to maintain the National Ambient Air Quality Standards and any regulations promulgated by the United States Environmental Protection Agency under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., on the required date or dates as such dates are established under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., including any extensions authorized pursuant to that act.

     2. The commission shall establish the amount of emissions reductions required to achieve the goal established pursuant to subsection 1 of this section.

     3. The department shall establish an air quality baseline for all nonattainment areas of the state which are located within a metropolitan statistical area with a population of at least one million inhabitants as defined by the federal Office of Management and Budget or its successor agency. The air quality baseline shall include, where practical, actual air contaminant emissions data and data on the atmospheric concentrations of pollution and pollution precursors for all nonattainment areas.

     4. The department shall determine the costs and benefits of alternative reduction measures including reductions of emissions from stationary and mobile sources and traffic control measures. The department of highways and transportation, regional planning commissions and metropolitan planning organizations shall participate with the department and provide information necessary to determine the costs and benefits of emissions reduction measures.

     5. The department shall evaluate any motor vehicle emissions inspection program established under section 307.366, RSMo, or sections 643.300 to 643.355 and shall annually include in the report to the commission and the general assembly required under section 643.192, beginning on January 1, 1996, a detailed accounting of the inspection costs and repair costs incurred by vehicle owners and of the emissions reductions produced or incurred by the program. The department may use a representative sample of vehicles to provide a statistically valid estimate of the repair costs and emissions reductions. The report shall also include a recommendation to the general assembly on whether the emissions inspection program should be continued, modified or terminated.

     6. The department shall establish a program of public information and education to educate the citizens of the state about the costs and benefits associated with reaching attainment of the National Ambient Air Quality Standards and the costs and benefits of all measures which are considered to attain those standards. This shall be done prior to the commission's action under subsection 1 of this section."; and

     Further amend the title and enacting clause accordingly.

     Senator Klarich moved that the above amendment be adopted.

     Senator Johnson resumed the Chair.

     Senator Flotron offered SA 1 to SSA 1 for SCA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Substitute Amendment No. 1 for Senate Committee Amendment No. 2 to Senate Bill No. 72, Page 1, Section 643.305, Line 7, by adding before the "," the following "excluding the 7th State Senate District".

     Senator Flotron moved that the above amendment be adopted.

     Senator Wiggins resumed the Chair.

     At the request of Senator Flotron, SA 1 to SSA 1 for SCA 2 was withdrawn.

     At the request of Senator Klarich, SSA 1 for SCA 2 was withdrawn.

     Senator Klarich offered SA 1 to SCA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Committee Amendment No. 2 to Senate Bill No. 72, Page 2, Section 643.310, Lines 1 and 2, by deleting said bracket "[" before the comma "," and further amend Line 17, by deleting the closing bracket "]" after the numeral "7545".

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

     Senator Caskey offered SSA 2 for SCA 2, as amended, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 72, Page 13, Section 643.355, Line 46, by inserting immediately after all of said line the following:

     "Section 1. Other provisions of law to the contrary notwithstanding, on the effective date of this section all the authority, powers, duties, functions, records, personnel, property, matters pending and all other pertinent vestiges of the department of natural resources and every board, commission and authority within the department of natural resources, other than the director of the department of natural resources, are hereby transferred to the department of agriculture by type I transfer as defined pursuant to the reorganization act of 1974."; and

     Further amend the title and enacting clause accordingly.

     Senator Caskey moved that the substitute amendment be adopted.

     Senator Goode raised the point of order that SSA 2 for SCA 2, as amended, is out of order in that the amendment is not a true substitute amendment.

     At the request of Senator Caskey, SSA 2 for SCA 2, as amended, was withdrawn, rendering the point of order moot.

     Senator Flotron offered SSA 3 for SCA 2, as amended, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 72, Page 2, Section 643.310, Line 14, by inserting after the word "established" the following: "or operated".

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

     Senator Johnson resumed the Chair.

     Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 72, Page 13, Section 643.355, Line 46, by inserting immediately after all of said line the following:

     "Section 1. Other provisions of law to the contrary notwithstanding, every rule promulgated by the Missouri air conservation commission for which the final order of rulemaking is filed on or after the effective date of this section shall be terminated eighteen months following the date the rule becomes effective or on such other, earlier date as may be provided in the final order of rulemaking."; 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 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 72, Page 7, Section 643.315, Lines 26-28 of said Section, Line 26, by removing the bracket, "[" immediately before the "(1)"; further amend said bill, said section, line 28, by removing the bracket "]" immediately following the "(2)" and renumber accordingly.

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

     Senator Klarich offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Bill No. 72, Page 12, Section 643.355, Line 42, by deleting the word "unincorporated" on such line.

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

     Senator Wiggins resumed the Chair.

     Senator Goode moved that SB 72, as amended, be declared perfected and ordered printed, which motion prevailed on a standing division vote.

     Senator Staples moved that SB 18, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     Senator Ehlmann offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 18, Page 2, Section 306.010, Line 41, by inserting immediately after all of said line the following:

     "306.016. 1. By January 1, 1995, the owner of any vessel documented by the United States Coast Guard on August 28, 1994, and the new owner of any vessel purchased after August 28, 1994, who upon the sale or transfer of the vessel desires to document the vessel with the United States Coast Guard, shall apply for a vessel certificate of registration and pay a certification fee of seven dollars and fifty cents, an initial registration fee in an amount equal to the amount required for a certificate of number under section 306.030 and all applicable state and local or in lieu watercraft taxes as provided by law in effect on the date the vessel was documented or submit proof that all applicable registration fees have been paid to the department of revenue and all applicable taxes or in lieu watercraft taxes have been paid in this or another state. Such application shall include the county in which such vessel will be normally maintained by the new owner. A certificate of registration and a set of registration decals in a form the director shall prescribe shall be issued for a documented vessel. A Missouri resident shall make application for a vessel certificate of registration within thirty days of acquiring or bringing the vessel into this state. A nonresident shall make application for a vessel certificate of registration within sixty days after acquiring a vessel in this state or bringing a vessel into this state if the vessel will be kept in this state for a period in excess of sixty consecutive days. A delinquency penalty fee of ten dollars shall be imposed for each thirty days of delinquency, not to exceed a total of thirty dollars. If the director of revenue learns that any person has failed to make application for a vessel certificate of registration in accordance with this section or has sold a vessel documented by the United States Coast Guard without obtaining a certificate of registration as provided in this section, the director shall cancel the registration of all vessels and outboard motors registered in the name of the person, either as sole owner or a coowner, and shall notify the person that the cancellation will remain in force until the person pays the delinquency penalty fee together with all fees, charges, and payments which the person should have paid in connection with the vessel certificate of registration. A penalty fee or cancellation may only be imposed under this section upon a person who documented a vessel with the United States Coast Guard prior to August 28, 1994, if that person has received at least thirty days notice that registration of such vessel is required with the department of revenue.

     2. A boat or vessel documented by the United States Coast Guard or other agency of the federal government and operated on the waters of this state shall not be liable for the payment of any state or local sales or use tax on the purchase, but shall be liable for the payment of an in lieu watercraft tax, which is hereby imposed. The in lieu watercraft tax shall be collected by the director of revenue and deposited in the state treasury to the credit of general revenue and shall be appropriated for use by the Missouri state water patrol. Watercraft dealers in this state shall report to the director of revenue on forms furnished by the director the sale of each watercraft sold to a resident of this state. If the watercraft is registered and licensed pursuant to the provisions of this chapter and all applicable sales taxes have been paid, the director shall not collect the in lieu tax imposed by this subsection. If the watercraft is registered with the United States Coast Guard or other agency of the federal government and not under the provisions of this chapter the director shall bill the purchaser of the watercraft for the in lieu tax imposed by this subsection. Any person who fails to pay the in lieu tax due under this section, within thirty days after receipt of the bill from the director of revenue, shall be liable to the same penalties imposed by law for failure to pay sales and use taxes due the state. The in lieu tax shall be determined as follows:

PURCHASE PRICE OF WATERCRAFT      TAX DUE

     $50,000 or less          $ 650.00

     $50,001 to $100,000           1,250.00

     $100,001 to $150,000      1,850.00

     $150,001 to $200,000      2,450.00

     $200,001 and above           3,050.00

     3. The registration decals for any vessel documented by the United States Coast Guard shall be in force and effect for a period of three years so long as the vessel is owned or held by the original holder of the certificate of registration and shall be renewed upon application and payment of a registration renewal fee equal to the amount required for a certificate of number under section 306.030. The owner shall attach the registration decals to both sides of the forward half of the bow of the documented vessel in a place that is fully visible.

     4. The department of revenue may issue a temporary vessel certificate of registration authorizing the operation of a vessel to be documented by the United States Coast Guard for not more than sixty days. The temporary registration shall be made available by the department of revenue and may be purchased from the department of revenue or from a dealer upon proof of purchase of a vessel. The department shall make temporary certificates of registration available to registered dealers in this state in sets of ten. The fee for the temporary certificates of registration shall be five dollars each. No dealer shall charge more than five dollars for each temporary certificate of registration issued. The temporary registration shall be valid for a period of sixty days from the date of issuance by the department of revenue to the purchaser of the vessel or from the date of sale of the vessel by a dealer from which the purchaser obtains a certificate of registration. The temporary certificate of registration shall be issued on a form prescribed by the department of revenue and issued only for the purchaser's use in the operation of the vessel purchased to enable the purchaser to legally operate the vessel while a certificate of registration is being obtained, and shall be displayed on no other vessel. Temporary certificates of registration issued under this section shall not be transferable or renewable and shall not be valid upon issuance of a proper certificate of registration. The dealer or authorized agent shall insert the date of issuance and expiration date, year, make and the manufacturer's identification number of the vessel on the temporary registration when issued to the purchaser. The dealer shall complete the information on the temporary registration in full. Every dealer that issues a temporary certificate of registration shall keep, for inspection by authorized officers, a correct record of each temporary certificate of registration issued by the dealer by recording the registration number, purchaser's name and address, year, make and manufacturer's identification number of the vessel on which the temporary certificate of registration is to be used and the date of issuance.

     5. Upon the sale or transfer of any vessel documented by the United States Coast Guard for which a certificate of registration has been issued, the registration shall be terminated. If the new owner elects to have the vessel documented by the United States Coast Guard, the new owner shall submit, in addition to the properly assigned certificate of registration, proof of release from the documentation provided by the United States Coast Guard and shall comply with the provisions of this section. If the new owner elects not to document the vessel with the United States Coast Guard, the owner shall comply with the applicable provisions of this chapter.

     6. The certificate of registration shall be available at all times for inspection on the vessel for which it is issued, whenever the vessel is in operation."; and

     Further amend the title and enacting clause accordingly.

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

     On motion of Senator Staples, SB 18, 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 reports:

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 19 and SS for SB 11, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

     Senator Staples, Chairman of the Committee on Transportation, submitted the following reports:

     Mr. President: Your Committee on Transportation, to which was referred SB 69, 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 Transportation, to which was referred SB 241, 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 Jacob, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

     Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 29, 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 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 320, 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 Bill was read the 1st time and 1,000 copies ordered printed:

     SB 406--By Wiggins.

     An Act to repeal sections 143.124 and 143.161, RSMo 1994, relating to taxation, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

INTRODUCTIONS OF GUESTS

     Senator Quick introduced to the Senate, his son, Randy, and granddaughters, Jessica and Amanda, Kansas City; and Jessica and Amanda were made honorary pages.

     Senator Staples introduced to the Senate, Gary Busenbark, Park Hill; and Doug Ross, Farmington.

     Senator Lybyer introduced to the Senate, Webelo Scouts, Pack 429, Bourbon; and Warren Byington, John Hope, Shaun Conner, Ryan Bobbitt, Tyler Kimberlin and Grant Gardner were made honorary pages.

     Senator Sims introduced to the Senate, Kathleen O'Brien, St. Louis.

     Senator Schneider introduced to the Senate, Jennifer Thiele, Laura Mayberry and Jerry Callely, St. Louis, who were made honorary pages.

     Senator Flotron introduced to the Senate, Robin Porzelt, and ninety fourth grade students from Bridgeway Elementary School, Bridgeton; and Jacob Stuart, Kyle Fischer, Tina Nguyen and Andy Debold were made honorary pages.

     Senator Kenney introduced to the Senate, Mary Childers, Judy Alyea, Sue Evans, and fourteen students from School House, Independence; and Tom Weir, Lee's Summit.

     Senator Clay introduced to the Senate, Laurie and Michael VanderVelde, St. Louis.

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