Journal of the Senate

FIRST REGULAR SESSION


THIRTY-FIRST DAY--MONDAY, MARCH 3, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, the burdens we bear are often heavy. We are thankful that we do not have to bear them alone. We are thankful to be able to take our burdens to the Lord and leave them there. Teach us to be burden bearers for others. 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 for Thursday, February 27, 1997, was read and approved.

     The following Senators were present during the day's proceedings:

Present--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Absent with leave--Senators
BanksCurls--2
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 328, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. R.G. Newton, Skidmore, which was adopted.

     Senator Yeckel offered Senate Resolution No. 329, regarding Robert Hansman, St. Louis, which was adopted.

     Senator Graves offered Senate Resolution No. 330, regarding Charles E. Jones, Tarkio, which was adopted.

     Senator Graves offered Senate Resolution No. 331, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Johnnie Porter, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 332, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lou Watkins, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 333, regarding the Eightieth Birthday of Fannie Riggle, Oregon, which was adopted.

     Senator Graves offered Senate Resolution No. 334, regarding the One Hundredth Birthday of Myrtle Partin, Bethany, which was adopted.

     Senator Graves offered Senate Resolution No. 335, regarding the Fifty-fifth Wedding Anniversary of Mr. and Mrs. Clarence Eck, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 336, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. L.D. Young, Skidmore, which was adopted.

     Senator Graves offered Senate Resolution No. 337, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Hobart Nicholson, Ravenwood, which was adopted.

     Senator Mathewson offered Senate Resolution No. 338, regarding the Wrestling Panthers of Oak Grove High School, which was adopted.

     Senator Klarich offered Senate Resolution No. 339, regarding the Saint Clair Die Casting Company, which was adopted.

     Senator Quick offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 340

     WHEREAS, the General Assembly deems it worthy to support and encourage any of those programs which exist to provide Missouri's senior citizens with an opportunity to utilize their experience and knowledge in a positive and meaningful way; and

     WHEREAS, the General Assembly also deems it worthy to support those programs which are designed to provide participants with opportunities to develop better citizenship and leadership qualities; and

     WHEREAS, the Silver Haired Legislature is a program which helps to ensure that senior citizens have a voice in state government while giving its participants a unique insight into the legislative process; and

     WHEREAS, the General Assembly has a long tradition of granting the use of its Chambers to such programs:

     NOW, THEREFORE, BE IT RESOLVED that the Missouri Senate hereby grant the participants of the Silver Haired Legislature permission to use the Senate chamber for the purpose of their regular session the entire day of October 30, 1997 and until 1:00 p.m. on October 31, 1997.

SENATE BILLS FOR PERFECTION

     Senator Clay moved that SB 333 be taken up for perfection, which motion prevailed.

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Westfall offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 333, Page 1, Section 1, Line 4, by inserting after the word "company" "or Missouri state government agencies".

     Senator Westfall moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and purpose of the original bill.

     Senator Howard assumed the Chair.

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

     At the request of Senator Westfall, SA 1 was withdrawn.

     Senator Lybyer offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 333, Page 1, Section 1, Line 8, by inserting after said line the following:

     "4. Any such telecommunications company shall provide the same services throughout its service area within six months of the general introduction of a new service in urban areas.".

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

     Senator Schneider offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Bill No. 333, Page 1, Section 1, Line 3, by inserting a new subsection as follows:

     "2. The Public Service Commission shall be authorized to regulate telecommunications companies to accomplish following objectives, after hearing, upon a finding that the same is in the public interest."; and

     Further amend line 4, by striking the numeral "2" and substitute "(1)".

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

     On motion of Senator Clay, SB 333 was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

     SB 152, introduced by Senator House, entitled:

     An Act to repeal section 169.660, RSMo Supp. 1996, relating to nonteacher school employee retirement, 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 House, SB 152 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--Graves--1
Absent with leave--Senators
BanksCurls--2

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

     SB 146, introduced by Senator Goode, entitled:

     An Act to repeal section 162.857, RSMo Supp. 1996, relating to special school districts, and to enact in lieu thereof two new sections relating to the same subject, with a termination date for a certain section and an emergency clause.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Goode, SB 146 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
GravesSchneider--2
Absent with leave--Senators
BanksCurls--2

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
HouseHowardJacobJohnson
KenneyKlarichLybyerMathewson
MaxwellMcKennaMuellerRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators--None
Absent--Senators
GravesKinderQuickSchneider--4
Absent with leave--Senators
BanksCurls--2

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

     SB 242, introduced by Senator Caskey, entitled:

     An Act to amend chapter 181, RSMo, by adding thereto one new section relating to the establishment of the Wolfner library trust fund.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Caskey, SB 242 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     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 Russell moved that motion lay on the table, which motion prevailed.

     SB 69, introduced by Senator Russell, entitled:

     An Act relating to special motor vehicle license plates for certain veterans.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Russell, SB 69 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     The President declared the bill passed.

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

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

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

     Senator Johnson assumed the Chair.

     SB 241, introduced by Senator Bentley, et al, entitled:

     An Act to repeal section 137.555, RSMo 1994, relating to funds for county roads and bridges, 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 Bentley.

     On motion of Senator Bentley, SB 241 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     The President declared the bill passed.

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

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

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

     SB 29, introduced by Senator Quick, entitled:

     An Act to repeal section 7.002, RSMo Supp. 1996, relating to the Missouri-Nebraska boundary compact, 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 Quick, SB 29 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     The President declared the bill passed.

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

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

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

     SB 320, introduced by Senator Howard, entitled:

     An Act to repeal sections 256.453 and 256.468, RSMo 1994, relating to registration of geologists, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Howard, SB 320 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     The President declared the bill passed.

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

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

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

     SB 141, with SCS, introduced by Senator Quick, entitled:

     An Act to repeal sections 338.196, 338.220 and 338.365, RSMo 1994, relating to pharmacists and pharmacies, and to enact in lieu thereof three new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 141, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 141

     An Act to repeal section 338.220, RSMo 1994, relating to pharmacists and pharmacies, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Quick moved that SCS for SB 141 be adopted, which motion prevailed.

     On motion of Senator Quick, SCS for SB 141 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     The President declared the bill passed.

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

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

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

     SB 346, introduced by Senator Flotron, et al, entitled:

     An Act to amend chapter 173, RSMo, by adding one new section relating to the Charles Gallagher student financial assistance program.

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

     On motion of Senator Flotron, SB 346 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     The President declared the bill passed.

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

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

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

     SB 342, introduced by Senators Goode and Lybyer, entitled:

     An Act to repeal sections 256.616, 256.635 and 256.637, RSMo 1994, relating to the water well drillers' fund, and to enact in lieu thereof three new sections relating to the same subject.

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

     On motion of Senator Goode, SB 342 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

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

     SB 243, introduced by Senator Caskey, entitled:

     An Act to repeal section 435.465, RSMo Supp. 1996, relating to requirements for arbitration agreements, 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 Caskey, SB 243 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     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 Flotron moved that motion lay on the table, which motion prevailed.

     SB 270, with SCS, introduced by Senator Flotron, entitled:

     An Act to repeal sections 287.020, 287.030, and 287.090, RSMo 1994, relating to employer and employee coverages and exemptions, and to enact in lieu thereof four new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 270, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 270

     An Act to repeal sections 287.020, 287.030, 287.061, 287.090, 287.337 and 287.380, RSMo 1994, and 287.037, RSMo Supp. 1996, relating to workers' compensation, and to enact in lieu thereof six new sections relating to the same subject, with an effective date for certain sections.

     Was taken up.

     Senator Flotron moved that SCS for SB 270 be adopted, which motion prevailed.

     On motion of Senator Flotron, SCS for SB 270 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     The President declared the bill passed.

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

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

     Senator Quick 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 report:

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 119, 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 Scott, Chairman of the Committee on Corrections and General Laws, submitted the following report:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 416, 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 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 430, 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.

     On behalf of Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 353, 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. 353, Page 1, Section 67.1360, Line 3, by inserting immediately after the word "center" the following:

"and which borders the Missouri river".

MESSAGES FROM THE GOVERNOR

     The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 27, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Jacqueline McKinsey, Republican, 2802 S. Natural Bridge, Springfield, Greene County, Missouri 65809, as a member of the Missouri Women's Council, for a term ending December 6, 1999, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 27, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Jane B. Klieve, Republican, 854 Holly Ridge Drive, Ballwin, St. Louis County, Missouri 63011, as a member of the Missouri Women's Council, for a term ending December 6, 1999, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 27, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Brenda S. Lampton, Republican, 13520 S. 7 Highway, Greenwood, Jackson County, Missouri 64034, as a member of the State Fair Commission, for a term ending December 29, 2000, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 3, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     John D. Havens, 10351 County Road 2100, St. James, Phelps County, Missouri 65559, as Adjutant General, for a term ending at the pleasure of the Governor; vice, Ray Pendergrass, retired.

Respectfully submitted,

MEL CARNAHAN

Governor

     President Pro Tem McKenna referred the above appointments to the Committee on Gubernatorial Appointments.

RESOLUTIONS

     Senator Ehlmann offered Senate Resolution No.

341, regarding Joshua Benjamin (Josh) Dudley, St. Peters, which was adopted.

     Senator Graves offered Senate Resolution No. 342, regarding the Forty-fifth Wedding Anniversary of Mr. and Mrs. Robert Hackett, Burlington Junction, which was adopted.

     Senator Graves offered Senate Resolution No. 343, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenneth Peter, Skidmore, which was adopted.

     Senator Graves offered Senate Resolution No. 344, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Carl M. Eisiminger, Graham, which was adopted.

     Senator Graves offered Senate Resolution No. 345, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Herschel L. Nelson, Graham, which was adopted.

     Senator Graves offered Senate Resolution No. 346, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Glenn Everman, Cameron, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Yeckel introduced to the Senate, a group from St. Louis Community College, St. Louis; and Mike Kempf, Leah Holbrook and Lisa Catarinicchia were made honorary pages.

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