Journal of the Senate

FIRST REGULAR SESSION


TWENTY-EIGHTH DAY--TUESDAY, FEBRUARY 25, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Thomas Jefferson wrote, "For God's sake let us clearly hear both sides." Lord, give us the spirit, the will and the courage to see both sides of every issue and the wisdom to choose the best. 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.

REPORTS OF STANDING COMMITTEES

     Senator Scott, Chairman of the Committee on State Budget Control, submitted the following reports:

     Mr. President: Your Committee on State Budget Control, to which were referred SB 19; SB 216; and SB 299, begs leave to report that it has considered the same and recommends that the bills do pass.

INTRODUCTION OF BILLS

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

     SB 430--By Caskey.

     An Act to repeal sections 217.010 and 217.777, RSMo Supp. 1996, relating to community corrections, and to enact in lieu three new sections relating to the same subject.

THIRD READING OF SENATE BILLS

     SB 19, introduced by Senator Staples, entitled:

     An Act to repeal section 32.055, RSMo 1994, relating to motor vehicle records, and to enact in lieu thereof four new sections relating to the same subject, with an effective date.

     Was taken up.

     On motion of Senator Staples, SB 19 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Bentley--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Staples, title to the bill was agreed to.

     Senator Staples moved that the vote by which the bill passed be reconsidered.

     Senator Quick moved that motion lay on the table, which motion prevailed.

     SB 18, introduced by Senator Staples, entitled:

     An Act to repeal section 306.100, RSMo 1994, and sections 306.010 and 306.016, RSMo Supp. 1996, relating to watercraft regulations, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     On motion of Senator Staples, SB 18 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Goode--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Staples, title to the bill was agreed to.

     Senator Staples moved that the vote by which the bill passed be reconsidered.

     Senator Lybyer moved that motion lay on the table, which motion prevailed.

     SB 299, introduced by Senator Lybyer, entitled:

     An Act to repeal sections 21.145 and 476.380, RSMo 1994, relating to reimbursement for expenses, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

     Was taken up.

     On motion of Senator Lybyer, SB 299 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyChildersClay
DePascoEhlmannFlotronGoode
HowardJacobJohnsonKenney
KinderLybyerMathewsonMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--27
Nays--Senators
CaskeyGravesHouseKlarich
MaxwellSchneider--6
Absent--Senators--None
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyChildersClay
DePascoEhlmannFlotronGoode
HowardJacobJohnsonKenney
KinderLybyerMathewsonMcKenna
MuellerQuickRussellSchneider
ScottSimsStaplesWestfall
WigginsYeckel--26
Nays--Senators
CaskeyGravesHouseKlarich
MaxwellRohrbachSingleton--7
Absent--Senators--None
Absent with leave--Senators--Curls--1

     On motion of Senator Lybyer, title to the bill was agreed to.

     Senator Lybyer moved that the vote by which the bill passed be reconsidered.

     Senator Caskey moved that motion lay on the table, which motion prevailed.

     SB 163, introduced by Senator Caskey, entitled:

     An Act to repeal section 474.490, RSMo 1994, and section 456.520, RSMo Supp. 1996, relating to decedents' estates, and to enact in lieu thereof thirteen new sections relating to the same subject.

     Was taken up.

     On motion of Senator Caskey, SB 163 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Staples--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Caskey, title to the bill was agreed to.

     Senator Caskey moved that the vote by which the bill passed be reconsidered.

     Senator Mathewson moved that motion lay on the table, which motion prevailed.

     SB 128, introduced by Senators Mathewson and Scott, entitled:

     An Act to repeal sections 408.100, 408.200, 408.232 and 408.233, RSMo 1994, and section 408.140, RSMo Supp. 1996, relating to financial transactions, and to enact five new sections relating to the same subject.

     Was taken up by Senator Mathewson.

     On motion of Senator Mathewson, SB 128 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators
DePascoKenney--2
Absent--Senators--Staples--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Mathewson, title to the bill was agreed to.

     Senator Mathewson moved that the vote by which the bill passed be reconsidered.

     Senator Quick moved that motion lay on the table, which motion prevailed.

     SB 216, introduced by Senator Mathewson, entitled:

     An Act to repeal section 262.260, RSMo 1994, relating to state fair admission fees and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Mathewson, SB 216 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--Graves--1
Absent--Senators
QuickStaples--2
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Mathewson, title to the bill was agreed to.

     Senator Mathewson moved that the vote by which the bill passed be reconsidered.

     Senator Westfall moved that motion lay on the table, which motion prevailed.

     SB 104, with SCS, introduced by Senator Westfall, entitled:

     An Act to repeal section 206.110, RSMo Supp. 1996, relating to the powers of hospital districts, and to enact one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 104, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 104

     An Act to repeal section 206.110, RSMo Supp. 1996, relating to the powers of hospital districts, and to enact one new section relating to the same subject.

     Was taken up.

     Senator Westfall moved that SCS for SB 104 be adopted, which motion prevailed.

     On motion of Senator Westfall, SCS for SB 104 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--Caskey--1
Absent--Senators--Staples--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Westfall, title to the bill was agreed to.

     Senator Westfall moved that the vote by which the bill passed be reconsidered.

     Senator House moved that motion lay on the table, which motion prevailed.

     SB 272, introduced by Senators House and Ehlmann, entitled:

     An Act to repeal sections 67.1065 and 67.1070, RSMo 1994, relating to homeless assistance programs in certain counties, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator House.

     On motion of Senator House, SB 272 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Staples--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator House, title to the bill was agreed to.

     Senator House moved that the vote by which the bill passed be reconsidered.

     Senator Banks moved that motion lay on the table, which motion prevailed.

     SB 262, introduced by Senator Banks, entitled:

     An Act to repeal sections 329.040, 329.045, 329.080 and 329.085, RSMo Supp. 1996, relating to cosmetologists, and to enact in lieu thereof four new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Banks, SB 262 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Staples--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Banks, title to the bill was agreed to.

     Senator Banks moved that the vote by which the bill passed be reconsidered.

     Senator Johnson moved that motion lay on the table, which motion prevailed.

     SB 254, introduced by Senator Johnson, et al, entitled:

     An Act to repeal section 67.582, RSMo Supp. 1996, relating to the law enforcement sales tax, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Johnson.

     On motion of Senator Johnson, SB 254 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerRohrbachRussell
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
QuickSchneiderStaples--3
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Johnson, title to the bill was agreed to.

     Senator Johnson moved that the vote by which the bill passed be reconsidered.

     Senator Goode moved that motion lay on the table, which motion prevailed.

     SB 124, with SCA 1, introduced by Senator Goode, entitled:

     An Act to repeal section 144.025, RSMo 1994, relating to taxation, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator Goode, SB 124, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyClayDePascoEhlmann
FlotronGoodeHouseJacob
KinderKlarichMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsWigginsYeckel--20
Nays--Senators
BanksCaskeyChildersGraves
HowardKenneyMathewsonMaxwell
SingletonWestfall--10
Absent--Senators
JohnsonLybyerStaples--3
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Goode, title to the bill was agreed to.

     Senator Goode moved that the vote by which the bill passed be reconsidered.

     Senator House moved that motion lay on the table, which motion prevailed.

     SB 220, with SCS, introduced by Senator House, entitled:

     An Act to repeal section 294.040, RSMo 1994, and section 294.011, RSMo Supp. 1996, relating to child labor, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 220, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 220

     An Act to repeal section 294.040, RSMo 1994, and section 294.011, RSMo Supp. 1996, relating to child labor, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     Senator House moved that SCS for SB 220 be adopted, which motion prevailed.

     On motion of Senator House, SCS for SB 220 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Staples--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator House, title to the bill was agreed to.

     Senator House moved that the vote by which the bill passed be reconsidered.

     Senator Rohrbach moved that motion lay on the table, which motion prevailed.

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     SB 255, introduced by Senator Rohrbach, entitled:

     An Act to repeal sections 57.949, 57.967 and 57.982, RSMo 1994, relating to the sheriffs' retirement system, and to enact in lieu thereof three new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Rohrbach, SB 255 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Staples--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

     On motion of Senator Rohrbach, title to the bill was agreed to.

     Senator Rohrbach moved that the vote by which the bill passed be reconsidered.

     Senator Caskey moved that motion lay on the table, which motion prevailed.

     SB 194, with SCS, introduced by Senator Caskey, entitled:

     An Act to repeal section 50.1130, RSMo 1994, relating to death benefits for county retirement system members, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 194, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 194

     An Act to repeal sections 50.1130 and 50.1180, RSMo 1994, relating to death benefits for county retirement system members, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     Senator Caskey moved that SCS for SB 194 be adopted, which motion prevailed.

     On motion of Senator Caskey, SCS for SB 194 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Lybyer--1
Absent with leave--Senators--Curls--1

     Senator Clay assumed the Chair.

     The President declared the bill passed.

     On motion of Senator Caskey, title to the bill was agreed to.

     Senator Caskey moved that the vote by which the bill passed be reconsidered.

     Senator Klarich moved that motion lay on the table, which motion prevailed.

     SB 148, with SCA 1, introduced by Senator Klarich, entitled:

     An Act to repeal section 381.412, RSMo Supp. 1996, relating to estate settlement agents, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator Klarich, SB 148, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
LybyerStaples--2
Absent with leave--Senators--Curls--1

     The President declared the bill passed.

     On motion of Senator Klarich, title to the bill was agreed to.

     Senator Klarich moved that the vote by which the bill passed be reconsidered.

     Senator Childers moved that motion lay on the table, which motion prevailed.

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 SCS for SBs 38 and 83; and SCS for SB 191, 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 Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 392, 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 reports:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 358, 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 Aging, Families and Mental Health, to which was referred SB 318, 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 Goode, Chairman of the Committee on Commerce and Environment, submitted the following report:

     Mr. President: Your Committee on Commerce and Environment, to which was referred SB 387, 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 House, Chairman of the Committee on Education, submitted the following report:

     Mr. President: Your Committee on Education, to which was referred SB 187, 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 431--By Kinder and Maxwell.

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

SECOND READING OF SENATE BILLS

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

     SB 397--Education.

     SB 398--Education.

     SB 399--Judiciary.

     SB 400--Education.

     SB 401--Commerce and Environment.

     SB 402--Aging, Families and Mental Health.

     SB 404--Judiciary.

     SB 405--Judiciary.

     SB 406--Ways and Means.

     SB 407--Appropriations.

     SB 408--Local Government and Economic Development.

     SB 409--Commerce and Environment.

     SB 410--Aging, Families and Mental Health.

     SB 411--Judiciary.

     SB 412--Judiciary.

     SB 413--Corrections and General Laws.

     SB 414--Local Government and Economic Development.

     SB 415--Corrections and General Laws.

     SB 417--Ways and Means.

     SB 418--Ways and Means.

     SB 419--Ways and Means.

     SB 420--Judiciary.

     SB 421--Financial and Governmental Organization.

     SB 423--Civil and Criminal Jurisprudence.

     SJR 16--Appropriations.

     SJR 17--Civil and Criminal Jurisprudence.

     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 President Pro Tem McKenna.

CONCURRENT RESOLUTIONS

     Senator Kinder moved that SCR 12 be taken up for adoption, which motion prevailed.

     Senator Wiggins assumed the Chair.

     On motion of Senator Kinder, SCR 12 was adopted by the following vote:
Yeas--Senators
BentleyCaskeyClayEhlmann
FlotronGravesHouseJacob
JohnsonKenneyKinderKlarich
MaxwellMcKennaMuellerRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--24
Nays--Senators
GoodeHowardLybyerMathewson
QuickStaples--6
Absent--Senators
BanksChildersDePasco--3
Absent with leave--Senators--Curls--1

THIRD READING OF SENATE BILLS

     SB 261, with SCA 1, introduced by Senator Childers, entitled:

     An Act to repeal section 41.1000, RSMo Supp. 1996, relating to civil air patrol members who are state employees, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator Childers, SB 261, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--Rohrbach--1
Absent--Senators--None
Absent with leave--Senators--Curls--1

     The President declared the bill passed.

     On motion of Senator Childers, title to the bill was agreed to.

     Senator Childers moved that the vote by which the bill passed be reconsidered.

     Senator Sims moved that motion lay on the table, which motion prevailed.

     SB 310, with SCAs 1 and 2, introduced by Senator Sims, entitled:

     An Act to repeal section 177.091, RSMo 1994, relating to the sale of school property, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

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

     On motion of Senator Sims, SB 310, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Staples--1
Absent with leave--Senators--Curls--1

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--Curls--1

     On motion of Senator Sims, title to the bill was agreed to.

     Senator Sims moved that the vote by which the bill passed be reconsidered.

     Senator Quick moved that motion lay on the table, which motion prevailed.

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 121, with SS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 1 was again taken up.

     Senator Caskey offered SSA 2 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 121, Page 4, Section 307.178, Line 1, by inserting after said line the following:

     "6. The provisions of subsections 2 and 4 of this section which provide for limited primary enforcement of the safety belt law shall expire on August 28, 1999.".

     Senator Caskey moved that the above substitute amendment be adopted.

     Senator Lybyer requested a roll call vote be taken on the adoption of SSA 2 for SA 1 and was joined in his request by Senators Bentley, Caskey, Howard and Mueller.

     SSA 2 for SA 1 was adopted by the following vote:
Yeas--Senators
BanksCaskeyClayDePasco
EhlmannFlotronGoodeHouse
JohnsonMathewsonMaxwellMcKenna
QuickSchneiderScottSims
StaplesWestfallWigginsYeckel--20
Nays--Senators
ChildersHowardJacobKenney
KinderKlarichLybyerMueller
RohrbachRussellSingleton--11
Absent--Senators
BentleyGraves--2
Absent with leave--Senators--Curls--1

     Senator Johnson assumed the Chair.

     Senator Rohrbach offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 121, Page 4, Section 307.179, Lines 5-7 of said page, by deleting all of said lines.

     Senator Rohrbach moved that the above amendment be adopted.

     Senator Mathewson assumed the Chair.

     Senator Caskey offered SSA 1 for SA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 121, Page 4, Section 307.179, Line 7, by deleting the "; or" and inserting after "truck": ". Nothing in subsection (1) shall prevent a child from riding in the back of such trucks with the consent of his or her parent or legal guardian.".

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

     SA 2 was again taken up.

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

     Senator Graves offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Bill No. 121, Page 5, Section 307.179, Line 15, by inserting after all of said line the following:

     "307.350. 1. The [owner] purchaser of every motor vehicle as defined in section 301.010, RSMo, which is required to be registered in this state, except:

     (1) New motor vehicles which have not been previously titled and registered, prior to the initial motor vehicle registration or the next succeeding registration which is required by law;

     (2) Those motor vehicles which are engaged in interstate commerce and are proportionately registered in this state with the Missouri highway reciprocity commission, although the owner may request that such vehicle be inspected by an official inspection station, and a peace officer may stop and inspect such vehicles to determine whether the mechanical condition is in compliance with the safety regulations established by the United States Department of Transportation; and

     (3) Historic motor vehicles registered pursuant to section 301.131, RSMo; shall submit such vehicles to [an annual] a one-time inspection of their mechanism and equipment in accordance with the provisions of sections 307.350 to 307.390 and obtain a certificate of inspection and approval and a sticker, seal, or other device from a duly authorized official inspection station. The inspection, except the inspection of school buses which shall be made at the time provided in section 307.375, shall be made at the time prescribed in the rules and regulations issued by the superintendent of the Missouri state highway patrol; but the inspection of a vehicle shall not be made more than sixty days prior to the date of application for annual registration or within sixty days of when a vehicle's registration is transferred. The certificate of inspection and approval shall be a sticker, seal, or other device or combination thereof, as the superintendent of the Missouri state highway patrol prescribes by regulation and shall be displayed upon the motor vehicle or trailer as prescribed by the regulations established by him. The replacement of certificates of inspection and approval which are lost or destroyed shall be made by the superintendent of the Missouri state highway patrol under regulations prescribed by him.

     2. For the purpose of obtaining an inspection only, it shall be lawful to operate a vehicle over the most direct route between the owner's usual place of residence and an inspection station of such owner's choice, notwithstanding the fact that the vehicle does not have a current state registration license. It shall also be lawful to operate such a vehicle from an inspection station to another place where repairs may be made and to return the vehicle to the inspection station notwithstanding the absence of a current state registration license.

     [3. No person whose motor vehicle was duly inspected and approved as provided in this section shall be required to have the same motor vehicle again inspected and approved for the sole reason that such person wishes to obtain a set of any special personalized license plates available pursuant to section 301.144, RSMo, or a set of any license plates available pursuant to section 301.142, RSMo, prior to the expiration date of such motor vehicle's current annual registration.]

     [4.] 3. Notwithstanding the provisions of section 307.390, violation of this section shall be deemed an infraction."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Caskey offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Bill No. 121, Page 1, Section 307.178, Lines 9-10, by deleting "less than twelve thousand pounds." and inserting in lieu thereof "of twelve thousand pounds or more.".

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

     Senator Kenney offered SA 5, which was read:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Bill No. 121, Page 1, Section 307.178, Line 8, by adding immediately after the word "tricycles", the words, "recreational vehicles".

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

     Senator Ehlmann offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Bill No. 121, Page 5, Section 307.179, Line 11, by striking "or" as it appears the second time; and further amend Line 15, by inserting after "activity" the following:

"; or

     (7) Any person riding in the open area or bed of a truck as an immediate result of a natural disaster, or medical emergency".

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

     Senator Caskey moved that SS for SB 121, as amended, be adopted, which motion prevailed.

     On motion of Senator Caskey, SS for SB 121, as amended, was declared perfected and ordered printed.

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Ehlmann moved that the vote by which SB 303, as amended, was perfected be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichMathewson
MaxwellMcKennaQuickRohrbach
RussellScottSingletonStaples
WigginsYeckel--26
Nays--Senators
ChildersFlotronMuellerSims
Westfall--5
Absent--Senators
LybyerSchneider--2
Absent with leave--Senators--Curls--1

     SB 303, as amended, was again taken up.

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Ehlmann moved that the vote by which SA 2 was adopted be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichMathewson
MaxwellMcKennaQuickRohrbach
RussellScottStaplesWiggins
Yeckel--25
Nays--Senators
ChildersFlotronMuellerSims
SingletonWestfall--6
Absent--Senators
LybyerSchneider--2
Absent with leave--Senators--Curls--1

     SA 2 was again taken up.

     At the request of Senator Quick, SB 303, with SA 2 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

     On behalf of Senator Lybyer, Chairman of the Committee on Appropriations, Senator Quick submitted the following report:

     Mr. President: Your Committee on Appropriations, to which was referred SB 240, 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. 240, Page 1, Section 33.120, Line 5, by inserting immediately after the word "state" the following: "for an item subject to statutory reimbursement".

     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 SCS for SB 222; SB 315; SCS for SB 251; and SB 142, 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 DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 309, 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 were read the 1st time and 1,000 copies ordered printed:

     SB 432--By Sims.

     An Act to repeal section 89.020, RSMo 1994, relating to zoning powers of a municipal legislative body, and to enact in lieu thereof one new section relating to the same subject.

     SB 433--By Howard.

     An Act relating to certain merchandising practices.

     SB 434--By Singleton.

     An Act to repeal section 313.004, RSMo 1994, relating to the use of highway patrol officers on excursion gambling boats, and to enact one new section relating to the same subject.

     SB 435--By Singleton.

     An Act to repeal section 301.130, RSMo Supp. 1996, as truly agreed to and finally passed in house committee substitute for senate substitute for senate bill 3 of the eighty-eighth general assembly, and as truly agreed to and finally passed in senate bill 156 of the eighty-eighth general assembly, and section 301.130, RSMo Supp. 1996, as truly agreed to and finally passed in conference committee substitute for house substitute for house committee substitute for senate substitute for senate bill 70 of the eighty-eighth general assembly, relating to license plates, and to enact in lieu thereof one new section relating to the same subject, with an effective date.

REFERRALS

     President Pro Tem McKenna referred SB 315; SCS for SB 251; and SCS for SB 222 to the Committee on State Budget Control.

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 318, regarding Chillicothe Iron and Steel, which was adopted.

     Senator Graves offered Senate Resolution No. 319, regarding Mr. Jerry Nibarger, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 320, regarding Mr. Jeff Churan, Dawn, which was adopted.

     Senator Graves offered Senate Resolution No. 321, regarding Gunner's Mate 3rd Class Joe Heaton, USN, Green City, which was adopted.

     Senator Banks offered Senate Resolution No. 322, regarding the death of Mrs. Luella Hyatt Clay, St. Louis, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Sims introduced to the Senate, twenty-three eighth grade students from Pattonville School District, St. Louis; and Tiffany Kinner, Angela Murray, John Tevlin and Eric Siebers were made honorary pages.

     Senator Singleton introduced to the Senate, sponsors and student senate representatives from Missouri Southern State College, Joplin; Doug Carnahan, Ron Mitchell, Scott Gordon, Mark Stamps, Spencer Beck, Charles Henderson, Jason Kieffer, Josh Phillips, Lily Vasquez, Julie Fisher, Lydia Smith, Laura Woolsey, Jill Bever, Sandy Fisk, Becka Cassity, Eden Aber, Melanie Spaulding, Vanessa Copeland and Jason Talley.

     Senator Johnson introduced to the Senate, Junior League from St. Joseph.

     Senator Staples introduced to the Senate, Joe Layden, Park Hill.

     Senator Klarich introduced to the Senate, Margaret McGrath and Victoria Allen, Wildwood.

     Senator Klarich introduced to the Senate, fourth-grade students from Washington School District, Labadie.

     Senator Scott introduced to the Senate, his daughter-in-law, Lisa Scott, and Vicki Swederska, St. Louis.

     Senator Bentley introduced to the Senate, students and parents from New Covenant Academy, Rogersville; and Jason Rackley, Aaron Kepley, Kyle Gerhardt and Nathan Axness were made honorary pages.

     Senator Ehlmann introduced to the Senate, members of Missouri Rights to Life from St. Paul and Josephsville.

     Senator Singleton introduced to the Senate, Mr. and Mrs. Mike Cloud, Jasper County.

     Senator Russell introduced to the Senate, Charlene Bruns, and her children, Elizabeth, Daniel and Christopher, home school family from Camdenton; and Elizabeth, Daniel and Christopher were made honorary pages.

     Senator Schneider introduced to the Senate, Carlene Merrell, Jefferson City.

     Senator Caskey introduced to the Senate, Stan Hall, Knob Noster.

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