Journal of the Senate

FIRST REGULAR SESSION


TWENTY-SIXTH DAY--THURSDAY, FEBRUARY 20, 1997


     The Senate met pursuant to adjournment.

     Senator Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, space dreamers long to go where no man has ever gone. We may never travel through space but we can go where too many have never gone. Lead us to the home of a person in need, to the side of a neglected child, to the handle of a neighbor's load and to the side of the lonely. 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 Johnson announced that photog-raphers from 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
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Curls--1

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 284, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Clarence Workman, King City, which was adopted.

     Senator Graves offered Senate Resolution No. 285, regarding the Grundy County Farm Bureau, Trenton, which was adopted.

     Senator Yeckel offered Senate Resolution No. 286, regarding Howard Brandt, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 287, regarding G. D. Miller, Jefferson City, which was adopted.

     Senator Caskey offered Senate Resolution No. 288, regarding the death of Delton Louis Houtchens, which was adopted.

INTRODUCTION OF BILLS

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

     SB 411--By Singleton.

     An Act to annul Supreme court rules 32.03 and 51.03 relating to change of venue from counties with a population of seventy-five thousand or fewer.

     SB 412--By Singleton.

     An act to repeal section 545.490, RSMo 1994, relating to change of venue in criminal cases, and to enact in lieu thereof one new section relating to the same subject.

     SB 413--By Childers.

     An Act to repeal section 311.095, RSMo Supp. 1996, relating to liquor licenses, and to enact in lieu thereof one new section relating to the same subject.

     SB 414--By Maxwell.

     An Act to repeal section 50.515, RSMo 1994, relating to county administrative service fees, and to enact in lieu thereof one new section relating to the same subject.

SENATE BILLS FOR PERFECTION

     Senator McKenna moved that SB 51, with SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SCS for SB 51 was again taken up.

     Senator McKenna offered SS for SCS for SB 51, entitled:

SENATE SUBSTITUTE FOR

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.

     Senator McKenna moved that SS for SCS for SB 51 be adopted.

     Senator Caskey offered SS for SS for SCS for SB 51, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

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.

     Senator Caskey moved that SS for SS for SCS for SB 51 be adopted.

     Senator McKenna raised the point of order that SS for SS for SCS for SB 51 is out of order under the provisions of Senate Rule 64.

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

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

     Senator Banks moved that SB 263, with SCS and SA 5 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 5 was again taken up.

     Senator Banks offered SSA 1 for SA 5:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 5

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 3, Section 660.115, Lines 19-20, by striking the following: "heating season of December, January and February" and inserting in lieu thereof the following: "fiscal year"; and

     Further amend said bill, Page 4, Section 660.115, Line 23, by placing an opening bracket "[" before the comma and word ", with"; and

     Further amend said bill, Page 4, Section 660.115, Lines 24-25, by striking the following: "[heating] household's energy" and inserting in lieu thereof the following: "heating"; and

     Further amend said bill, Page 4, Section 660.115, Line 25, by striking the following: "[the] each" and inserting in lieu thereof the following: "the"; and

     Further amend said bill, Page 4, Section 660.115, Line 25, by striking the following: "or periods" and inserting in lieu thereof the following: "period]."; and

     Further amend said bill, Page 4, Section 660.115, Line 26, by inserting immediately after the word "each" the following: "fiscal year"; and

     Further amend said bill, Page 4, Section 660.115, Line 27, by striking the following: "cooling season of June, July and August"; and

     Further amend said bill, Page 4, Section 660.115, Lines 29-30, by striking the following: ", with such amount not to exceed fifty percent of the household's energy bill for each covered period of periods"; and

     Further amend said bill, Page 4, Section 660.115, Line 43, by striking the words "in three monthly payments" and inserting in lieu thereof the following: "[in three monthly payments]".

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

     Senator Staples assumed the Chair.

     Senator Singleton offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 7, Section 660.135, Line 1, by removing brackets from around "five" and deleting "twenty".

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

     Senator Johnson assumed the Chair.

     Senator Singleton offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 2, Section 660.100, Line 24, by adding following said line:

     "3. For purposes of sections 660.100 to 660.136, the term payment to any household or any primary or secondary heating or cooling service shall be at 50% of usual and customary of all said bills.".

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

     Senator Goode offered SA 8, which was read:

SENATE AMENDMENT NO. 8

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 7, Section 660.135, Lines 9-14, by striking all of said lines and inserting in lieu thereof the following:

     "2. The department of social services may, in coordination with the department of natural resources, apply a portion of the funds appropriated annually by the general assembly to the utilicare stabilization fund established pursuant to section 660.136 to the low income weatherization assistance program of the department of natural resources; provided that any project financed with such funds shall have a full energy savings payback period of no greater than five years.".

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

     Senator Singleton offered SA 9, which was read:

SENATE AMENDMENT NO. 9

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 2, Section 660.100, Line 24, by adding following said line:

     "3. For purposes of sections 660.100 to 660.136, the term payment to any household or any primary or secondary heating or cooling source shall be at up to cost.".

     Senator Singleton moved that the above amendment be adopted.

     Senator Banks raised the point of order that SA 9 is out of order in that it attempts to change the intent and purpose of the bill.

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

     SA 9 was again taken up.

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

     Senator Banks moved that SCS for SB 263, as amended, be adopted, which motion prevailed.

     On motion of Senator Banks, SCS for SB 263, as amended, was declared perfected and ordered printed.

INTRODUCTION OF BILLS

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

     SB 415--By Quick.

     An Act to repeal sections 190.010, 190.015, 190.043, 190.055, 190.060, 190.100, 190.105, 190.120, 190.160, 190.165, 190.171, 190.175, 190.180, 190.190, 190.241 and 190.245, RSMo 1994, and section 190.185, RSMo Supp. 1996, relating to emergency medical services, and to enact in lieu thereof thirty-seven new sections relating to the same subject, with penalty provisions.

     SB 416--By Klarich.

     An Act relating to the conveyance of certain real property of the Missouri department of corrections located in St. Louis County.

     SB 417--By Schneider.

     An Act to amend chapter 144, RSMo, by adding thereto one new section relating to taxation.

     SB 418--By Schneider.

     An Act to repeal sections 143.124, 143.161, 144.021, 144.037, 144.440, 144.701 and 253.401, RSMo 1994, and section 144.020, RSMo Supp. 1996, relating to taxation, and to enact in lieu thereof eighteen new sections relating to the same subject, with an effective date for certain sections.

     SB 419--By Schneider.

     An Act to repeal section 135.030, RSMo 1994, relating to taxation, and to enact in lieu thereof one new section relating to the same subject.

     SB 420--By Goode.

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

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, after examination of SB 289, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 299; SB 163; SB 128; SB 67; SB 132; SB 72; SCS for SB 55; and SB 247, 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.

INTRODUCTION OF BILLS

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

     SB 421--By Banks.

     An Act to amend chapter 483, RSMo, by adding thereto one new section relating to certain judicial personnel.

RESOLUTIONS

     Senator Mathewson offered Senate Resolution No. 289, regarding Mr. Fred E. Starnes, Sedalia, which was adopted.

     Senator Rohrbach offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 290

     WHEREAS, the members of the Missouri Senate deem it both worthwhile and necessary to support those programs aimed at promoting good citizenship qualities within our youth; and

     WHEREAS, the Jefferson City Rotary Club has sought to instill values of high integrity in Missouri students while providing them with an opportunity to experience state government firsthand through its Student Government Day program; and

     WHEREAS, the Missouri Senate has maintained a policy of granting such organizations permission to use the Senate Chamber for the purpose of conducting activities related to governmental or citizenship projects;

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, hereby grant the Jefferson City Rotary Club permission to use the Senate Chamber for the purpose of conducting Student Government Day on March 31, 1997.

MESSAGES FROM THE HOUSE

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 14 and has again taken up and passed HB 14 as amended.

SECOND READING OF SENATE BILLS

     The following Bill and Joint Resolution were read the 2nd time and referred to the Committees indicated:

     SB 403--Ways and Means.

     SJR 15--Ways and Means.

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 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:

     Colleen K. Conrad and Robert A. Pearson, as members of the Missouri State Board of Accountancy;

     Also,

     Douglas W. Guthals, as a member of the Missouri Health Facilities Review Committee;

     Also,

     R. Mark Alexander, as a member of the State Advisory Council on Emergency Medical Services;

     Also,

     Josephine L. Emerick, as a member of the Missouri Board for Architects, Professional Engineers and Land Surveyors;

     Also,

     Karen W. Taylor, as a member of the Missouri Training and Employment Council;

     Also,

     Angela E. Cass, as a member of the Committee for Professional Counselors.

     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.

REFERRALS

     President Pro Tem McKenna re-referred SB 366 to the Committee on Financial and Governmental Organization.

     President Pro Tem McKenna referred SB 299 to the Committee on State Budget Control.

MESSAGES FROM THE HOUSE

     The following messages were received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 491, entitled:

     An Act to amend chapter 144, RSMo, relating to sales and use taxes by adding thereto one new section relating to sales and use taxes on food, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 151, entitled:

     An Act to repeal sections 260.380 and 260.479, RSMo 1994, relating to fees on hazardous wastes, and to enact in lieu thereof three new sections relating to the same subject, with an effective date for certain sections.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 51, entitled:

     An Act to repeal section 186.055, RSMo Supp. 1996, relating to the humanities trust fund, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

INTRODUCTIONS OF GUESTS

     Senator Flotron introduced to the Senate, Earl and Betty Stolte and Warren Stemme, St. Louis.

     Senator Staples introduced to the Senate, Mike Green and Donnie Johnson, Winona; and Dan Lenz, Eminence.

     Senator Rohrbach introduced to the Senate, eighth grade students from St. Joseph's School, Pilot Grove.

     Senator Kenney introduced to the Senate, the Physician of the Day, Gale Oleson, M.D., Kansas City.

     On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, February 24, 1997.