Journal of the Senate

FIRST REGULAR SESSION


TWENTY-NINTH DAY--WEDNESDAY, FEBRUARY 26, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we are thankful that Senator Curls is able to be home, and we pray that You will help him to return to his Capitol family. We are thankful for our senate family, for the respect and love that binds us together. Use us to help all of the families and extended families in our state. 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
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Absent with leave--Senators
ClayCurls--2
The Lieutenant Governor was present.

     Senator Wiggins assumed the Chair.

INTRODUCTION OF BILLS

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

     SB 436--By Wiggins.

     An Act to repeal section 301.142, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

     SB 437--By Wiggins.

     An Act to repeal section 107.170, RSMo Supp. 1996, relating to public works contracts, and to enact in lieu thereof one new section relating to the same subject.

     SB 438--By Westfall.

     An Act to repeal section 249.520, RSMo 1994, relating to sewer improvement assessments, and to enact in lieu thereof one new section relating to the same subject.

     SB 439--By McKenna, Staples and Flotron.

     An Act to amend chapter 386, RSMo, by adding thereto seven new sections relating to certain merchandising practices of utilities, with penalty provisions.

REPORTS OF STANDING COMMITTEES

     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 289, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SB 271 be taken up for perfection, which motion prevailed.

     President Wilson assumed the Chair.

     Senator Wiggins resumed the Chair.

     Senator Lybyer requested a roll call vote be taken on the perfection of SB 271 and was joined in his request by Senators Childers, Kinder, Scott and Westfall.

     Senator McKenna offered SS for SB 271, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 271

     An Act to repeal section 537.610, RSMo 1994, relating to sovereign immunity, and to enact in lieu thereof one new section relating to the same subject.

     Senator McKenna moved that SS for SB 271, be adopted.

     Senator Maxwell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 271, Page 1, Section 537.610.1, Line 11, by adding after the word "dollars" on said line the following: "in addition to medical expenses"; and

     Further amend said bill, section 537.610.2, line 7, by adding after the word "dollars" on said line, the following: "in addition to medical expenses".

     Senator Maxwell moved that the above amendment be adopted.

     Senator Staples assumed the Chair.

     Senator Jacob offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for Senate Bill No. 271, Page 1, Line 2, by adding after the word "to" the following "reasonable and necessary"; and further amend said amendment line 5, by adding after the word "to" the following "reasonable and necessary".

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

     SA 1, as amended, was again taken up.

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

     Senator Mathewson assumed the Chair.

     Senator Singleton offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 271, Page 3, Section 537.610, Line 4, by adding following the period "."

     "6. All cases under this act shall be decided by binding arbitration. As primary finding of Rule of Law and is admissible to any subsequent court action following the constitutional rights to trial by jury.".

     Senator Singleton moved that the above amendment be adopted.

     Senator Johnson assumed the Chair.

     At the request of Senator Schneider, SB 271, with SS and SA 2 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 133, 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 motion of Senator Quick, the Senate recessed until 4:00 p.m.

RECESS

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

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SB 271, with SS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 2 was again taken up.

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

     Senator Singleton offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Bill No. 271, Page 3, Section 537.610, Line 4, by adding immediately after said line the following:

     "6. For any award or settlement made pursuant to this section, a plaintiff's legal fees shall be limited to no more than fifteen percent of the amount of such plaintiff recovery.".

     Senator Singleton moved that the above amendment be adopted.

     Senator Schneider offered SA 1 to SA 3, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

     Amend Senate Amendment No. 3 to Senate Substitute for Senate Bill No. 271, by adding the following: "and no physician or health care provider shall be compensated more than 40% of their fee for service".

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

     SA 3, as amended, was again taken up.

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

     Senator Kinder offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Bill No. 271, Page 1, In the Title, Line 3, by striking "sovereign immunity" and inserting in lieu thereof the following: "civil procedure"; and

     Further amend said bill, page 1, section A, line 3, by inserting immediately after said line the following:

     "508.140. 1. If reasonable notice has been given to the adverse party or his attorney of record, the court or judge, as the case may be, shall consider the application, and if it is sufficient, the judge shall be disqualified or a change of venue shall be awarded to some county in the same, adjoining or next adjoining circuit, convenient to the parties for the trial of the case and where the causes complained of do not exist. One or more of several parties plaintiff or defendant may ask for the change of venue, and if the change is awarded the entire cause shall be removed, and there shall be no further change of venue awarded on the same side of the suit.

     2. [In all cases in counties in this state which have a population of more than sixty-five thousand inhabitants and wherein the removal is asked on the ground of objections to or prejudice of the inhabitants of the county and the adverse party has filed counter-affidavit controverting the objection to or the prejudice of the inhabitants of the county, the court shall hear evidence on the issue and determine the same on the merits of the evidence, and if the issue is determined in favor of the applicant for the change of venue, the change shall be awarded as herein provided.

     3.] This section does not apply to causes wherein a special venire has been issued, and in such case the party not applying for the special venire shall be granted a change of venue as of course, upon proper affidavit."; and

     Further amend the title and enacting clause accordingly.

     Senator Kinder moved that the above amendment be adopted.

     Senator Schneider raised the point of order that SA 4 is out of order in that the amendment goes beyond the scope, purpose and subject matter of the bill.

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

     Senator Singleton requested a roll call vote be taken on the adoption of SS for SB 271, as amended, and was joined in his request by Senators Mathewson, Howard, Mueller and Yeckel.

     On motion of Senator McKenna, SS for SB 271, as amended, was adopted by the following vote:
Yeas--Senators
BanksCaskeyDePascoEhlmann
GoodeHouseHowardJacob
JohnsonKlarichMathewsonMaxwell
McKennaQuickSchneiderScott
StaplesWiggins--18
Nays--Senators
BentleyChildersFlotronGraves
KenneyKinderLybyerMueller
RohrbachRussellSimsSingleton
WestfallYeckel--14
Absent--Senators--None
Absent with leave--Senators
ClayCurls--2

     Senator Flotron requested a roll call vote be taken on the perfection of SS for SB 271, as amended, and was joined in his request by Senators Mueller, Howard, Childers and Westfall.

     On motion of Senator Schneider, SS for SB 271, as amended, was declared perfected and ordered printed by the following vote:
Yeas--Senators
BanksCaskeyDePascoEhlmann
GoodeHouseHowardJacob
KlarichMathewsonMaxwellMcKenna
QuickSchneiderScottStaples
Wiggins--17
Nays--Senators
BentleyChildersFlotronGraves
JohnsonKenneyKinderLybyer
MuellerRohrbachRussellSims
SingletonWestfallYeckel--15
Absent--Senators--None
Absent with leave--Senators
ClayCurls--2

     Senator Johnson announced that photog-raphers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

     Senator House moved that SB 287, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 287, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 287

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

     Was taken up.

     Senator House moved that SCS for SB 287 be adopted.

     Senator Jacob offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 287, Page 2, Section 173.740, Line 32, by inserting immediately after the word "student" the following: "of at least twenty years of age"; and

     Further amend said bill and section, page 3, line 56, by inserting immediately after the word "section" the following: "and has yet to receive challenge scholarship payments on the basis of an enrollment period longer than twenty-four months"; and further amend line 58 by inserting immediately after "scholarship;" the word "and"; and further amend line 59 by striking the following: "Has not already claimed, or had claimed on the individual's"; and further amend lines 60 and 61 by striking all of said lines; and further amend line 62 by striking "(f)"; and further amend lines 65 through 80 by striking all of said lines and inserting in lieu thereof the following:

     "2. (1) The amount of allowable eligible expenses shall be the lesser of:

     (a) The actual costs of tuition, books and fees incurred by the eligible student and attributable to earning credit hours for which a scholarship may be claimed pursuant to this section; or

     (b) Five thousand dollars.

     (2) The amount of scholarship, subject to further proration under subdivision (4) of this subsection, shall be the difference of the amount of eligible expenses determined pursuant to subdivision (1) of this subsection minus any federal or state financial aid received by or on behalf of the eligible student during the year for which a scholarship is claimed and which aid may be used for tuition, fees or books multiplied by the applicable scholarship fraction determined pursuant to subdivision (3) of this subsection.

     (3) The scholarship fraction used to determine the amount of scholarship pursuant to subdivision (2) of this subsection shall be determined by the following table:

If the claimant's Missouri The scholarship

adjusted gross income is: fraction shall be:

Under $25,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100%

$25,000 to $35,000 . . . . . . . . . . . . . . . . . . . . . . . . . . 90%

$35,001 to $45,000 . . . . . . . . . . . . . . . . . . . . . . . . . . 80%

$45,001 to $55,000 . . . . . . . . . . . . . . . . . . . . . . . . . . 70%

$55,001 to $65,000 . . . . . . . . . . . . . . . . . . . . . . . . . . 60%

$65,001 to $75,000 . . . . . . . . . . . . . . . . . . . . . . . . . . 50%

$75,001 to $85,000 . . . . . . . . . . . . . . . . . . . . . . . . . . 40%

$85,001 to $95,000 . . . . . . . . . . . . . . . . . . . . . . . . . . 30%

$95,001 to $105,000 . . . . . . . . . . . . . . . . . . . . . . . . . . 20%

Over $105,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10%.

     (4) The actual amount of the scholarship provided under this section shall be one-third of the amount of scholarship determined pursuant to subdivision (2) of this subsection for calendar year 1998, two-thirds of the amount of scholarship determined pursuant to subdivision (2) of this subsection for calendar year 1999 and the full amount of scholarship determined pursuant to subdivision (2) of this subsection for calendar year 2000 and thereafter."; and further amend line 81, by striking "(3)" and inserting in lieu thereof the following "(5)"; and further amend line 82 by striking "three" and inserting in lieu thereof the following: "ten"; and further amend line 84, by striking "(4)" and inserting in lieu thereof the following: "(6)"; and

     Further amend said bill and section, page 4, line 94 by striking "(5)" and inserting in lieu thereof the following: "(7)"; and further amend line 97 by striking "(6)" and inserting in lieu thereof the following: "(8)"; and further amend line 104, by inserting immediately after the word "year" the following: ", the age of the student".

     Senator Jacob moved that the above amendment be adopted.

     Senator Wiggins resumed the Chair.

     Senator Johnson resumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Johnson resumed the Chair.

     At the request of Senator House, SB 287, with SCS and SA 1 (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

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

     SB 440--By Childers.

     An Act to repeal section 165.011, RSMo Supp. 1996, relating to transfers for capital projects, and to enact in lieu thereof one new section relating to the same subject.

     SB 441--By Childers.

     An Act to amend chapter 67, RSMo, relating to tourism taxes, by adding eight new sections relating to the same subject.

     SB 442--By Graves.

     An Act to amend chapter 56, RSMo, by adding thereto one new section relating to prosecuting attorneys.

     SB 443--By Graves.

     An Act to repeal section 307.350, RSMo Supp. 1996, relating to motor vehicle inspections, and to enact in lieu thereof one new section relating to the same subject.

     SB 444--By Maxwell.

     An Act to repeal section 301.210, RSMo 1994, and section 301.140, RSMo Supp. 1996, relating to motor vehicle registration and titling, and to enact in lieu thereof two new sections relating to the same subject.

     SB 445--By Bentley.

     An Act to repeal sections 226.525 and 226.535, RSMo 1994, relating to historical and public interest signs along the highways, and to enact two new sections in lieu thereof relating to the same subject.

     SB 446--By DePasco.

     An Act to amend chapter 640, RSMo, by adding thereto one new section relating to environmental management system agreements.

     SB 447--By Kenney.

     An Act to repeal sections 287.930, 287.950 and 287.955, RSMo 1994, relating to workers' compensation insurance rates for infectious waste transporters, and to enact in lieu thereof three new sections relating to the same subject.

     SB 448--By Ehlmann.

     An Act to amend chapter 194, RSMo, by adding thereto seven new sections relating to funeral processions.

     SB 449--By Quick.

     An Act to repeal sections 30.260, 30.300 and 30.350, RSMo 1994, relating to the state treasurer, and to enact in lieu thereof eleven new sections relating to the same subject.

     SJR 18--By Quick.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 15 of article IV of the Constitution of Missouri relating to state funds, and adopting one new section in lieu thereof relating to the same subject.

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 SS for SB 121, 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 reports:

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 171, 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. 171, Page 1, In the Title, Line 3, by striking the words "two new sections" and inserting in lieu thereof the words "one new section"; and

     Further amend said bill, Page 1, Section A, Lines 1 & 2, by striking the words "two new sections" and inserting in lieu thereof the words "one new section"; and

     Further amend said bill, Page 1, Section A, Line 2, by striking the words "as sections" and inserting in lieu thereof the words "as section"; and

     Further amend said bill, Page 1, Section A, Lines 2 & 3, by striking the following: "and 436.225".

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 316, 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.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 368, 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 Local Government and Economic Development, to which was referred SB 371, 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 264, begs leave to report that it has considered the same and recommends that the bill do pass.

SECOND READING OF SENATE BILLS

     The following Bill was read the 2nd time and referred to the Committee indicated:

     SB 430--Civil and Criminal Jurisprudence.

RESOLUTIONS

     Senator Scott offered Senate Resolution No. 323, regarding Brian (Ripper) Busby, Jefferson City, which was adopted.

     Senators Yeckel and Mueller offered Senate Resolution No. 324, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Eugene K. Mueller, Fenton, which was adopted.

     Senator Bentley offered Senate Resolution No. 325, regarding the Ozarks Food Harvest, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Howard introduced to the Senate, Dave Archer, Poplar Bluff.

     Senator Sims introduced to the Senate, Councilwoman Nina S. Schaefer and Councilman Kenneth W. McClendon, Berkeley.

     Senator Kenney introduced to the Senate, the Physician of the Day, Don Potts, and his wife, Barbara, Independence.

     Senator Singleton introduced to the Senate, Gary Duncan and Keith Adams, Joplin.

     Senator Rohrbach introduced to the Senate, former State Representative Gene Lang, Warrensburg.

     Senator Graves introduced to the Senate, Kay Wilson, Maryville.

     Senator Staples introduced to the Senate, Candance Gabel, Van Buren.

     Senator Wiggins introduced to the Senate, George Koppe, Jeff Hodes, Pat Maggard, Dave Owen, Joe Neenan, Charles Gotschall, and scouts from Pack 150 from St. Elizabeth School, Kansas City; and Dylan Aldrich, Matt Gotschall, Russell Hynes, Eric Lancey, Joseph Neenan, Christopher Owen, Patrick Tweedy, Manny Blando, Ben Hodes, Andrew Koppe, Jamie Maggard, Matt Nielsen, Jeff Parks and Tommy Weideman were made honorary pages.

     Senator Howard introduced to the Senate, Dave Kelly, Poplar Bluff.

     Senator Graves introduced to the Senate, members of the Chillicothe Chamber of Commerce.

     Senator Caskey introduced to the Senate, Larry and Jean Shannon, Cass County.

     Senator Jacob introduced to the Senate, Sally Lyons, and fourth grade students from Mill Creek School, Columbia.

     Senator Sims introduced to the Senate, fourteen students from Christian Academy, St. Louis; and David Brannan, Terran Earl, Shanna McClarney, Dugan Connors and Micah Williams were made honorary pages.

     Senator Mueller introduced to the Senate, Don and Elizabeth Arnsperger and Elmer and Margaret Arnsperger, Salisbury; and Elizabeth Murray, St. Louis.

     Senator Johnson introduced to the Senate, Michael Stephenson, Gower.

     Senator Mathewson introduced to the Senate, Dan Arnsperger, Salisbury; and Kyle Malter, Malta Bend.

     Senator Kinder introduced to the Senate, Justin Jones, Oran.

     Senator Westfall introduced to the Senate, Joy Hedeman, Lockwood; Nikki Melton, Dadeville; and Jamie Moffett, Marionville.

     Senator Graves introduced to the Senate, Jessica Travis and Steven Rogers, Princeton.

     Senator Staples introduced to the Senate, Nathan Winklepleck, Myrtle; and Dustin Braschler, Doniphan.

     Senator Rohrbach introduced to the Senate, Steve Brown, St. Martins; Gene Eulinger, California; and Terry Heimann, Russellville.

     Senator Caskey introduced to the Senate, Daniel McLanahan, Archie.

     On behalf of Senator Caskey, the President introduced to the Senate, Roberta and Rhonda Cox, Henry County.

     Senator Caskey introduced to the Senate, Allen Freeman, Harrisonville.

     Senator Wiggins introduced to the Senate, Brad Grabs, Adam Maese, Phil Hageman, David Finke, Martin Le, Paul Woody, Ahsan Latif, John Sullivan, Tom Mueller, Reed Davison and Leland C. Sexton, Kansas City.

     Senator Caskey introduced to the Senate, his brother Robert Caskey and Rick Cole, Windsor.

     Senator Caskey introduced to the Senate, Jim Landon, Judy Jett and Janet Mills, Warrensburg.

     Senator Caskey introduced to the Senate, Lorene McRell, Nancy Linthicum and Robert McGrath, Harrisonville; and Mark Randall, Pleasant Hill.

     Senator Bentley introduced to the Senate, Sean McGinnis, Springfield.

     Senator House introduced to the Senate, Benjamin Jones, Montgomery City.

     Senator Ehlmann introduced to the Senate, Robert Moeller and Mike Miller, St. Charles.

     Senator Mueller introduced to the Senate, Mike Pounds, Glendale; and Kennard Whitfield, Rock Hill.

     Senator Westfall introduced to the Senate, Mary Ireland, Marie Wessley and Jana McKenzie, Nevada.

     Senator Wiggins introduced to the Senate, Cathy Kelly, Jim Crain, Jim Gamble, Mike McCausland, Billy Tudor, and other members of the South Kansas City and Grandview Chambers of Commerce.

     Senator Klarich introduced to the Senate, Ken Bolte, Union; Carol Riegel, Washington; Barb and Bill Troutman and Darlene and Emmett Becker, Labadie; Sharon and George Hinkle, Robertsville; and Nancy and Wayne Brown, St. Clair.

     Senator Johnson introduced to the Senate, Mayor Larry Stobbs, Stet Schanze, Pam Windsor and Lisa Robertson, St. Joseph.

     Senator Rohrbach introduced to the Senate, Mary Lou Roberts and Debbie Lueckenotte, Cole County.

     Senator Kinder introduced to the Senate, Michael Miller, Mel Kasten and Tom Neumeyer, Cape Girardeau.

     Senator Graves introduced to the Senate, Susan Mitchell and Dean Brookshier, Chillicothe.

     Senator Singleton introduced to the Senate, John Weber, Greg Schrieber and Andrew Snavely, Jefferson City.

     Senator Childers introduced to the Senate, Lorine Killingsworth, Galena.

     Senator Mueller introduced to the Senate, Sharon Burkhardt, Des Peres and Mike Swoboda, Kirkwood.

     Senator Kenney introduced to the Senate, Christina and Caroline Gabriel, Blue Springs; and Dana Hudson, St. Louis.

     Senator Klarich introduced to the Senate, Mike Levin and Mike Hill, Manchester; and Dee Hathaway, Ballwin.

     On behalf of Senator Mathewson and himself, Senator DePasco introduced to the Senate, Mayor Ron Stewart, Bill Barker, Bill McDonald and Larry Bliek, Independence.

     Senator Lybyer introduced to the Senate, Janet Fraley and Chris Wilson, Kansas City; Jennie Bedsworth, New Bloomfield; and Alex Stemme, Hermann.

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