Journal of the Senate

FIRST REGULAR SESSION


THIRTY-SECOND DAY--TUESDAY, MARCH 4, 1997


     The Senate met pursuant to adjournment.

     Senator Staples in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we pray for those who live in fear of abuse in our state, women who are abused by their husbands, children who are abused by their parents and workers who are abused by their boss. Help us to make our state safe for all people and a life of peace for everyone. 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 Quick announced that photog-raphers from the Farm Journal had been given permission to take pictures in the Senate Chamber today.

     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.

THIRD READING OF SENATE BILLS

     SB 63, introduced by Senator Childers, entitled:

     An Act to amend chapter 306, RSMo, by adding thereto one new section relating to unauthorized jumping from commercial passenger boats, with penalty provisions.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Childers, SB 63 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators--Ehlmann--1
Absent with leave--Senators
BanksCurlsFlotron--3

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

     SB 105, with SCS, introduced by Senator Graves, entitled:

     An Act to repeal sections 357.010, 357.050, 357.130 and 357.150, RSMo 1994, relating to cooperative companies, 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 105, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 105

     An Act to amend chapter 357, RSMo, by adding one new section relating to housing cooperatives.

     Was taken up.

     Senator Graves moved that SCS for SB 105 be adopted, which motion prevailed.

     On motion of Senator Graves, SCS for SB 105 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators--Ehlmann--1
Absent with leave--Senators
BanksCurlsFlotron--3

     The President declared the bill passed.

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

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

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

     SB 340, introduced by Senator DePasco, entitled:

     An Act to repeal section 37.005, RSMo Supp. 1996, relating to the office of administration, 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 DePasco, SB 340 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
EhlmannSims--2
Absent with leave--Senators
BanksCurlsFlotron--3

     The President declared the bill passed.

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

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

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

     SB 375, introduced by Senator Mathewson, entitled:

     An Act to repeal sections 409.301, 409.403 and 409.415, RSMo 1994, and sections 409.201, 409.202, 409.203 and 409.401, RSMo Supp. 1996, relating to the Missouri uniform securities act, and to enact in lieu thereof eight new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Mathewson, SB 375 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators--Sims--1
Absent with leave--Senators
BanksCurlsFlotron--3

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

     SB 150, introduced by Senator Caskey, entitled:

     An Act to repeal sections 354.710 and 375.012, RSMo 1994, and to enact in lieu thereof two new sections relating to prepaid dental plans.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Caskey, SB 150 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators--Sims--1
Absent with leave--Senators
BanksCurlsFlotron--3

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

SENATE BILLS FOR PERFECTION

     Senator House moved that SB 168, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS for SCS for SB 168 was again taken up.

     Senator House offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 6, Section 167.275, Line 11, by inserting immediately after the word "system" the following: "to be used solely for the purposes enumerated in this Act"; and

     Further amend said bill, Page 6, Section 167.275, Line 22, by inserting immediately after the period "." the following: "The information obtained for this pupil attendance and dropout reporting system shall be limited to the name, address, phone number and attendance record of the student.".

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

     Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 9, Section 170.015, Line 28, by inserting immediately after all of said line the following:

     "174.125. All teacher-training institutions, receiving state aid, shall provide courses in physical education, first aid and cardiac-pulmonary resuscitation for the proper preparation of teachers to carry out the rules and regulations of the state board of education under section 161.102, RSMo. Each of the five state colleges shall provide extension service of properly trained and qualified field advisers for the teachers and others engaged in carrying out the provisions of sections 161.102 and 168.171, RSMo, within their several territorial jurisdictions, such jurisdiction to be established and coordinated by the state commissioner of education.".

     Further amend the title and enacting clause accordingly.

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

     Senator Klarich offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 9, Section 170.015, Line 28, by inserting immediately after all of said line the following:

     "170.016. 1. Each state educational institution, as defined in section 176.010, RSMo, shall evaluate each member of its instructional faculty for oral, aural and written fluency in the English language in the classroom. Such fluency shall be determined by a national test of English language proficiency approved by the coordinating board for higher education. No person who has passed such a test shall be required to retake such a test.

     2. No classroom course or other classroom instructional program offered by a state educational institution shall be taught by a faculty member who has not been evaluated pursuant to subsection 1 of this section or by a faculty member who has not passed such evaluation.

     3. On or before September first of each school year, each state educational institution shall provide in writing, to the coordinating board for higher education, certification that all instructional faculty members of the institution hired on or after the effective date of this section or the date the most recent certification was filed with the coordinating board, whichever is later, have been evaluated for classroom English fluency, as provided in subsection 1 of this section, and that all such faculty members have passed the evaluation. To the extent practical, the coordinating board shall ensure that reporting requirements pursuant to this subsection are coordinated with reporting requirements pursuant to subsection 4 of section 170.012, to reduce the amount of paperwork and number of required reports.

     4. Any institution which violates subsection 2 of this section shall have its state aid appropriation reduced by five thousand dollars for each course or instructional program taught in violation of subsection 2 of this section.

     5. For the purposes of this section, "instructional faculty member" shall include any faculty member or graduate teaching assistant, except for a visiting faculty member, who teaches one or more credit courses, at one or more campuses of that institution, excluding courses which are designed to be taught primarily in a foreign language and elective, individual instruction and independent study courses.

     6. Any citizen of the state shall have standing to bring an action against the state to require enforcement of this section. Such action may be brought in any circuit court in which one or more campuses of the affected institution are located."; and

     Further amend the title and enacting clause accordingly.

     Senator Klarich moved that the above amendment be adopted.

     Senator Jacob raised the point of order that SA 4 is out of order in that the amendment goes beyond the scope of the bill and further that the amendment attempts to add an additional chapter of the statutes to the bill.

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

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

     Senator Singleton offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 4, Section 166.275, Line 21 of said page, by inserting immediately after said line the following:

     "167.161. 1. The school board of any district, after notice to parents or others having custodial care and a hearing upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils. In addition to the authority granted in section 167.171, a school board may authorize, by general rule, the immediate removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a threat of harm to such pupil or others, as evidenced by the prior conduct of such pupil. Prior disciplinary actions shall not be used as the sole basis for removal, suspension or expulsion of a pupil. Removal of any pupil who is a student with a disability is subject to state and federal procedural rights. At the hearing upon any such removal, suspension or expulsion, the board shall consider the evidence and statements that the parties present and may consider records of past disciplinary actions, criminal court records or juvenile court records consistent with other provisions of the law, or the actions of the pupil which would constitute a criminal offense. The board may provide by general rule not inconsistent with this section for the procedure and conduct of such hearings. After meeting with the superintendent or his designee to discuss the expulsion, the parent, custodian or the student, if at least eighteen years of age, may, in writing, waive any right to a hearing before the board of education.

     2. The school board of any district, after notice to parents or others having custodial care and a hearing upon the matter, may suspend a pupil upon a finding that the pupil has been charged, convicted or pled guilty in a court of general jurisdiction for the commission of a felony criminal violation of state or federal law. At a hearing required by this subsection, the board shall consider statements that the parties present. The board may provide for the procedure and conduct of such hearings.

     3. The school board shall make a good-faith effort to have the parents or others having custodial care present at any such hearing. Notwithstanding any other provision of law to the contrary, student discipline hearings or proceedings related to the rights of students to attend school or to receive academic credit shall not be required to comply with the requirements applicable to contested case hearings as provided in chapter 536, RSMo, provided that appropriate due process procedures shall be observed."; and

     Further amend the title and enacting clause accordingly.

     Senator Singleton moved that the above amendment be adopted.

     Senator Childers offered SA 1 to SA 5, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 5

     Amend Senate Amendment No. 5 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 2, Section 167.161, Line 19, by inserting after the word "observed" on said line the words "for appeal to the courts as provided in chapter 536 RSMo".

     Senator Childers moved that the above amendment be adopted.

     At the request of Senator Childers, SA 1 to SA 5 was withdrawn.

     President Wilson assumed the Chair.

     Senator Johnson assumed the Chair.

     Senator Jacob offered SA 2 to SA 5:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 5

     Amend Senate Amendment No. 5 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 2, Section 167.161, Line 19, by inserting after the word "observed" the following: "which shall include the right for a direct appeal for a de novo review by the circuit court".

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

     SA 5, as amended, was again taken up.

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

     Senator Rohrbach offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 4, Section 167.270, Line 22, by inserting immediately prior to said line the following:

     "167.117. 1. In any instance when any person is believed to have committed an act which if committed by an adult would be assault in the first[,] or second [or third] degree, sexual assault, or deviate sexual assault against a pupil or school employee, while on school property, including a school bus in service on behalf of the district, or while involved in school activities, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.

     2. In any instance when a pupil is discovered to have on or about such pupil's person, or among such pupil's possessions, or placed elsewhere on the school premises, any controlled substance as defined in section 195.010, RSMo, or any weapon as defined in subsection 4 of section 160.261, RSMo, in violation of school policy, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.

     3. In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this section or finds a pupil in possession of a weapon or controlled substances as set forth in subsection 2 of this section, the teacher shall immediately report such incident to the principal.

     4. A school employee, superintendent or such person's designee who in good faith provides information to police under subsection 1 or 2 of this section shall not be civilly liable for providing such information.

     5. Any school official responsible for reporting pursuant to this section or section 160.261, RSMo, who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091, RSMo."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

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

     Senator Jacob offered SA 7, which was read:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 1, In the Title, Line 4, by deleting the word "five" and inserting in lieu thereof the word "four"; and

     Further amend said bill, Page 1, Section A, Line 2 of said page, by deleting the word "five" and inserting in lieu thereof the word "four"; and

     Further amend said bill, Page 1, Section A, Line 4 of said page, by deleting "167.275 and 170.015" and inserting in lieu thereof the following: "and 167.275"; and

     Further amend said bill, Page 7, Section 170.015, Lines 11 to 28 of said page, by deleting all of said lines; and

     Further amend said bill, Page 8, Section 170.015, Lines 1 to 28 of said page, by deleting all of said lines; and

     Further amend said bill, Page 9, Section 170.015, Lines 1 to 28 of said page, by deleting all of said lines.

     Senator Jacob moved that the above amendment be adopted.

     Senator Mathewson assumed the Chair.

     Senator House requested a roll call vote be taken on the adoption of SA 7 and was joined in his request by Senators Childers, Kenney, Mueller and Westfall.

     At the request of Senator House, SB 168, with SCS, SS for SCS and SA 7 (pending), was placed on the Informal Calendar.

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 taken up and adopted HCR 12.

HOUSE CONCURRENT RESOLUTION NO.12

     WHEREAS, the Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., contains a comprehensive regulatory scheme for the control of emissions from mobile and stationary sources; and

     WHEREAS, ozone and other air pollutants have declined substantially over the past 25 years throughout the United States due to implementation of the Clean Air Act, with additional progress expected as the 1990 Clean Air Act Amendments are implemented; and

     WHEREAS, the Northeast Ozone Transport Commission ("OTC"), in an effort to remedy the serious ozone nonattainment conditions prevailing in urbanized areas of the Northeast, has proposed emission control requirements for stationary and mobile sources more stringent than those applicable to states outside of the Northeast Ozone Transport Region ("OTR"), including a petition to the U.S. Environmental Protection Agency ("EPA") concerning Low-Emitting Vehicle emission control requirements, and a Memorandum of Understanding concerning stationary source emission control requirements; and

     WHEREAS, the OTC's initiatives together with other local emission control actions will help northeastern states to attain the national ambient air quality standard for ozone; and

     WHEREAS, in response to concerns raised by certain northeastern states about the interstate transport of ozone, the U.S. EPA has convened the Ozone Transport Assessment Group ("OTAG"), involving representatives from 37 states to the west and south of the Northeast OTR, including Missouri, to consider means to reduce the atmospheric transport of ozone; and

     WHEREAS, OTAG will develop recommendations in 1997 for emission control actions in states outside of the Northeast that may form the basis for U.S. EPA enforcement actions under the Clean Air Act, including the preparation and submission of State Implementation Plans calling for control actions in Missouri not specifically mandated by the Clean Air Act Amendments of 1990; and

     WHEREAS, both the Midwestern Governors' Association and the Southern Governors' Conference have adopted resolutions calling on U.S. EPA and OTAG, inter alia, to include state legislative participation within OTAG, but such participation has neither been invited nor taken place; and

     WHEREAS, computer modeling studies prepared by OTAG indicate that: a) ozone nonattainment is caused predominantly by local emission sources in densely-populated urbanized areas; b) emissions originating in Missouri do not contribute significantly to ozone nonattainment in other states or regions; and c) even the most extreme emission controls imposed in local or in upwind areas would not permit some urban areas to demonstrate attainment of the national ozone standard; and

     WHEREAS, emission controls for stationary and mobile sources under consideration by OTAG for states outside the Northeast are substantially more stringent and more costly than those mandated by the Clean Air Act Amendments of 1990, and could impair the competitiveness of businesses and industries in Missouri, with negligible environmental benefits, and with adverse effects on employment and income in Missouri; and

     WHEREAS, imposition of emission control requirements under consideration by OTAG could impede economic development and job creation to the detriment of the well-being of the citizens of Missouri and its economy; and

     WHEREAS, legislative oversight of proposed actions of the Ozone Transport Assessment Group, and related actions of U.S. EPA directly or indirectly affecting the citizens and economy of Missouri, is in the public interest:

     NOW, THEREFORE, BE IT RESOLVED by the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, that the Director of the Department of Natural Resources be requested to provide periodic reports to the legislature on progress in the OTAG decision-making process, and submit any proposed OTAG recommendations, together with the explanation thereof, as expeditiously as practicable to the Governor, President Pro Tem of the Senate, Speaker of the House, and the Chairmen of the House Committee on Environment and Energy and the Senate Committee on Commerce and Environment for review and consideration; and

     BE IT FURTHER RESOLVED that within a reasonable time following receipt of the aforesaid proposed OTAG recommendations, and prior to those recommendations being made final by OTAG, the committees shall convene public hearings to receive comments from agencies of government and other interested parties on the prospective economic and environmental impacts of said decisions or recommendations, including impacts on energy use, the environment, economic development, utility costs and rates, transportation fuel costs, and industrial competitiveness; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the Director of the Department of Natural Resources.

     In which the concurrence of the Senate is respectfully requested.

SECOND READING OF SENATE BILLS

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

     SB 437--Ways and Means.

     SB 459--Judiciary.

     SB 468--Education.

HOUSE BILLS ON SECOND READING

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

     HB 410--Education.

REFERRALS

     President Pro Tem McKenna referred SS for SB 271 to the Committee on State Budget Control.

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

RECESS

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

SECOND READING OF SENATE BILLS

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

     SB 422--Aging, Families and Mental Health.

     SB 424--Corrections and General Laws.

     SB 425--Transportation.

     SB 426--Aging, Families and Mental Health.

     SB 428--Education.

     SB 429--Public Health and Welfare.

     SB 431--Judiciary.

     SB 432--Local Government and Economic Development.

     SB 433--Judiciary.

     SB 434--Corrections and General Laws.

     SB 435--Transportation.

     SB 436--Transportation.

     SB 438--Commerce and Environment.

     SB 439--Labor and Industrial Relations.

     SB 440--Education.

     SB 441--Agriculture, Conservation, Parks and Tourism.

     SB 442--Civil and Criminal Jurisprudence.

     SB 443--Transportation.

     SB 444--Transportation.

     SB 445--Transportation.

     SB 446--Commerce and Environment.

     SB 447--Commerce and Environment.

     SB 448--Transportation.

     SB 449--Financial and Governmental Organization.

     SB 450--Commerce and Environment.

     SB 451--Corrections and General Laws.

     SB 452--Transportation.

     SB 453--Aging, Families and Mental Health.

     SB 454--Education.

     SB 455--Public Health and Welfare.

     SB 456--Aging, Families and Mental Health.

     SB 457--Ways and Means.

     SB 458--Ways and Means.

     SB 460--Civil and Criminal Jurisprudence.

     SB 461--Commerce and Environment.

     SB 462--Agriculture, Conservation, Parks and Tourism.

     SB 463--Civil and Criminal Jurisprudence.

     SB 464--Financial and Governmental Organization.

     SB 465--Corrections and General Laws.

     SB 466--Corrections and General Laws.

     SB 467--Aging, Families and Mental Health.

     SJR 18--Financial and Governmental Organization.

     SJR 19--Education.

CONCURRENT RESOLUTIONS

     Senator Bentley moved that SCR 19 be taken up for adoption, which motion prevailed.

     On motion of Senator Bentley, SCR 19 was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderMathewson
MaxwellMcKennaQuickRohrbach
RussellSchneiderSimsSingleton
WestfallWigginsYeckel--27
Nays--Senators--Mueller--1
Absent--Senators
KlarichLybyerScottStaples--4
Absent with leave--Senators
BanksCurls--2

     President Pro Tem McKenna assumed the Chair.

SENATE BILLS FOR PERFECTION

     Senator House moved that SB 168, with SCS, SS for SCS and SA 7 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 7 was again taken up.

     SA 7 failed of adoption by the following vote:
Yeas--Senators
CaskeyClayDePascoGoode
HowardJacobJohnsonMaxwell
McKennaScottSims--11
Nays--Senators
BentleyChildersEhlmannFlotron
GravesHouseKenneyKinder
KlarichLybyerMathewsonMueller
QuickRohrbachRussellSchneider
SingletonStaplesWestfallWiggins
Yeckel--21
Absent--Senators--None
Absent with leave--Senators
BanksCurls--2

     Senator Sims offered SA 8:

SENATE AMENDMENT NO. 8

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 9, Section 170.015, Line 28 of said page, by inserting immediately after all of said line the following:

     "171.031. 1. Each school board shall prepare annually a calendar for the school term, specifying the opening date and providing a minimum term of at least one hundred seventy-four days and one thousand forty-four hours of actual pupil attendance. [The opening date shall not be earlier than the first day of September, except:

     (1) If the first day of September falls on Labor Day or a Saturday or Sunday, the school board in any school district may move the starting day for that term to a subsequent school day;

     (2) In school districts in which schools are in session for twelve months of each calendar year; and

     (3) In school districts in which the school board determines students are needed for agricultural production purposes.]

     2. No school day shall be longer than seven hours except for vocational schools which may adopt an eight-hour day in a metropolitan school district and a school district in a first class county adjacent to a city not within a county."; and

     Further amend the title and enacting clause accordingly.

     Senator Sims moved that the above amendment be adopted.

     Senator Howard offered SA 1 to SA 8:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 8

     Amend Senate Amendment No. 8 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 1, Section 173.031, Lines 15-18, by deleting all of line 15 after the word "hours" and lines 16-18 and inserting in lieu thereof the following: "unless otherwise established by the school board. and".

     Senator Howard moved that the above amendment be adopted.

     Senator Kenney raised the point of order that SA 8 is out of order in that the amendment goes beyond the scope of the bill and is not germane.

     Senator Quick assumed the Chair.

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

     SA 1 to SA 8 was again taken up.

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

     SA 8, as amended, was again taken up.

     Senator Sims moved that the above amendment be adopted.

     Senator Mathewson resumed the Chair.

     Senator Ehlmann offered SSA 1 for SA 8, as amended:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 8

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 9, Section 170.015, Line 28 of said page, by inserting immediately after all of said line the following:

     "171.031. 1. Each school board shall prepare annually a calendar for the school term, specifying the opening date and providing a minimum term of at least one hundred seventy-four days and one thousand forty-four hours of actual pupil attendance. The opening date shall not be earlier than the first day of September, except:

     (1) If the first day of September falls on Labor Day or a Saturday or Sunday, the school board in any school district may move the starting day for that term to a subsequent school day;

     (2) In school districts in which schools are in session for twelve months of each calendar year; and

     (3) [In school districts in which the school board determines students are needed for agricultural production purposes.]

     2. No school day shall be longer than seven hours except for vocational schools which may adopt an eight-hour day in a metropolitan school district and a school district in a first class county adjacent to a city not within a county."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above substitute amendment be adopted.

     At the request of Senator House, SB 168, with SCS, SS for SCS, SA 8, as amended and SSA 1 for SA 8, as amended (pending), was placed on the Informal Calendar.

     Senator Johnson resumed the Chair.

     Senator Maxwell moved that SB 239 and SB 45, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs 239 and 45, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 239 and 45

     An Act to repeal sections 105.470, 105.959 and 105.961, RSMo 1994, and sections 105.955 and 130.046, RSMo Supp. 1996, relating to certain public officials, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Maxwell moved that SCS for SBs 239 and 45 be adopted.

     Senator Maxwell offered SS for SCS for SBs 239 and 45, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 239 and 45

     An Act to repeal sections 105.470, 105.498, 105.959 and 105.961, RSMo 1994, and section 105.955, RSMo Supp. 1996, relating to certain public officials, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

     Senator Maxwell moved that SS for SCS for SBs 239 and 45 be adopted.

     Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 239 and 45, Page 9, Section 105.470, Lines 20 and 21, by striking the word "the" in line 20 and strike the phrase "caucus consists of at least ten members,".

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

     Senator Howard assumed the Chair.

     Senator Rohrbach offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 239 and 45, Page 13, Section 105.473, Line 24, by deleting on said line the words "If the public official is participating" and inserting in lieu thereof the following: "When the expenditure is made to pay actual expenses or costs of a public official's participation".

     Senator Rohrbach moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 239 and 45, Page 13, Section 105.473, Lines 8-13 on page 14, by striking all of those lines and insert in lieu thereof the following:

     "105.473. 1. Each house of the general assembly and statewide elected officials shall adopt rules or policies regarding the conditions under which its members or elected officials may accept meals, food, beverages or other gifts from a legislative lobbyist, as defined in paragraph (a) of subdivision (4) of subsection 1 of section 105.470, or such lobbyist's principal. Such rules shall allow a member or statewide elected official to reimburse such lobbyist or lobbyist principal for the actual cost of any meals, food or beverages provided to such member or statewide elected official."; and

     Further amend said bill, section 105.498, page 15, line 22, by striking the word "which" and all the words through and including the word "member" on page 16, line 2.

     Senator Flotron moved that the above substitute amendment be adopted.

     At the request of Senator Maxwell, SB 239 and SB 45, with SCS, SS for SCS, SA 2 and SSA 1 for SA 2 (pending), were placed on the Informal Calendar.

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 333, 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.

     On behalf of Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, Senator McKenna submitted the following reports:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 402, 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 Aging, Families and Mental Health, to which was referred SB 410, 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 373, 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.

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 adopted HCR 4.

HOUSE CONCURRENT RESOLUTION NO. 4

     WHEREAS, the economic vitality and well-being of the state of Missouri depends on the availability of reliable, low-cost electric energy; and

     WHEREAS, there is currently a nationwide trend toward competition in the generation, sale and transmission of electric energy, one which has both potential benefits and potential adverse effects on public utilities and their shareholders, their customers, and the citizens of this state; and

     WHEREAS, the Missouri General Assembly believes that it is in the best interest of the citizens of this state to explore the effects of competition in the generation, sale, and transmission of electric energy:

     NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, that a joint legislative study committee of the General Assembly be created to be composed of five members of the Senate, to be appointed by the President Pro Tem of the Senate, and five members of the House of Representatives, to be appointed by the Speaker of the House, and that said committee be authorized to function during the interim between the first and second regular sessions of the Eighty-ninth General Assembly; and

     BE IT FURTHER RESOLVED that said committee conduct an in-depth study and make appropriate recommendations on the following issues:

     1. Financial issues, including:

     (a) The taxes and fees paid by public utilities and the tax and fee implications for local governments.

     (b) The quantification and recovery of stranded investments and costs by public utilities.

     (c) The pricing of transmission and distribution services.

     (d) The pricing and rate subsidies for all classes of customers.

     (e) The unbundling costs of services.

     (f) Retail wheeling, including distribution losses.

     2. Legal issues, including:

     (a) The issues of state and federal jurisdiction.

     (b) The state statutory and regulatory constraints and oversight.

     (c) The issues related to the federal energy regulatory commission.

     (d) The commerce clause constraints, interstate reciprocity and the regional nature of the industry.

     (e) The impact on existing statutes.

     (f) The obligations of a utility to serve customers.

     (g) The use and protection of proprietary information in a competitive market.

     3. Social issues, including:

     (a) The planning and operations of public utilities.

     (b) The efficiency and sufficiency of an aggregate supply of energy.

     (c) The possible environmental impacts.

     (d) The possible impact on the development and use of renewable resources.

     (e) The recovery of the cost of social, low-income and noneconomic renewable energy programs in order to ensure that costs are fairly and equitably shared among all consumers of electric energy.

     4. Issues related to system planning, operation and reliability, including:

     (a) Electric system reliability.

     (b) Customer's choice of generation providers.

     (c) The applicability of regulatory reliability criteria to nonutility market participants.

     (d) The form and requirements of contracts for the sale or purchase of electric energy.

     (e) Requirements for metering energy usage at the customer's location.

     (f) Designation and regulation of ancillary services.

     5. Identification and review of the potential market structures, including:

     (a) The possible market structures for a deregulated generation market and transmission market and whether they should be mandated or allowed to form voluntarily.

     (b) The formation of market segments in response to customers' requirements.

     (c) The impact on the investment stability of the electric utility industry.

     (d) The impact on multipurpose entities.

     (e) The potential to improve economic efficiency.

     (f) The size of the market and the extent to which its size impacts the level of benefits for customers or groups of customers.

     (g) The ability of participants with control over the generation and transmission system to exercise market power over pricing or the need for controls to prevent the exercise of market power.

     (h) The controls or bans on corporate relationships between regulated utilities and emerging competitive sectors.

     (i) The barriers to achieving nondiscriminatory competition among electric energy suppliers.

     (j) The viability of all customers to participate in and benefit from a competitive electricity market.

     6. Other issues related to the generation, sale and transmission of electric energy; and

     BE IT FURTHER RESOLVED that the committee prepare a report, together with its recommendations for any legislative action it deems necessary for submission to the second regular session of the Eighty-ninth General Assembly; and

     BE IT FURTHER RESOLVED that the committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission; the Division of Energy, Department of Natural Resources; the Department of Economic Development; the Office of Public Counsel; rural electric cooperatives; investor owned and municipal utilities; and agricultural, industrial, commercial, and residential customer representatives; and

     BE IT FURTHER RESOLVED FURTHER RESOLVED that the committee shall, early in its deliberations, call upon any representative of the natural gas industry, including all forms of investor owned and municipal utilities, the Missouri Public Service Commission, and the Office of Public Counsel, to determine if the natural gas industry should be included in the study and recommendations; and

     BE IT FURTHER RESOLVED that the Committee on Legislative Research, Senate Research and House Research provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

     BE IT FURTHER RESOLVED that the actual and necessary expenses of the committee, its members, and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof, be paid from the Joint Contingent Fund.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 10.

HOUSE CONCURRENT RESOLUTION NO. 10

     WHEREAS, the state of Missouri's economic vitality and well-being are dependent upon telecommunications services and energy services; and

     WHEREAS, deregulation of telecommunications and energy services will likely create competitive markets, new services and customer choices; and

     WHEREAS, taxes, fees and other assessments on various telecommunications and energy services are imposed by the state and the various political subdivisions of the state with differing rates, tax bases and assessment practices upon similar properties and upon related and competitive services, such as telephone and cable television; and

     WHEREAS, the privilege and procedure for granting of conveyance, easement and right-of-way of certain properties impact the fair and consistent delivery of telecommunications and energy services in a competitive market; and

     WHEREAS, a fair, equitable and consistent tax structure will ensure adequate and affordable telecommunications and energy services across different regions of the state; and

     WHEREAS, in the interest of fairness, competition and defining the role of government, the issue of whether governmental entities should expend public resources to compete with private telecommunications entities should be explored:

     NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, that a joint legislative study committee of the General Assembly be created to be composed of five members of the Senate, to be appointed by the President Pro Tem of the Senate, and five members of the House of Representatives, to be appointed by the Speaker of the House, and that said committee be authorized to function during the interim between the first and second regular sessions of the Eighty-ninth General Assembly; and

     BE IT FURTHER RESOLVED that said committee conduct an in-depth study and make appropriate recommendations concerning financial, legal, social, technological and economic issues of telecommunications and energy services taxes and fees, to include sales, use, gross receipts, licenses and franchise fees and taxes, competition between governmental entities and private telecommunication entities, consistency and fairness of conveyance, easement and right-of-way practices relating to telecommunications and energy delivery of services, any other issues the committee deems relevant; and

     BE IT FURTHER RESOLVED that the committee prepare a report, together with its recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of the Second Regular Session of the Eighty-ninth General Assembly; and

     BE IT FURTHER RESOLVED that the committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission, the Department of Economic development, the Office of Public Counsel, political subdivisions of this state, telecommunications and energy service providers and representative of all telecommunications and energy customer groups; and

     BE IT FURTHER RESOLVED that the Committee on Legislative Research, Senate Research and House Research shall provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

     BE IT FURTHER RESOLVED that the actual and necessary expenses of the committee, its members and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof shall be paid from the Joint Contingent Fund.

     In which the concurrence of the Senate is respectfully requested.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 347, regarding Sergeant Salvatore Cardella, Jr., USMC, which was adopted.

     Senator Clay offered Senate Resolution No. 348, regarding Mattie Clark, St. Louis, which was adopted.

     Senator DePasco offered Senate Resolution No. 349, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Riley Raymond McNally, Kansas City, which was adopted.

     Senator Clay offered Senate Resolution No. 350, regarding Thomas Henry, Northwoods, which was adopted.

INTRODUCTIONS OF GUESTS

     On behalf of Senator Staples, the President introduced to the Senate, Adjutant General Joe Havens, St. James.

     Senator Klarich introduced to the Senate, Debbie Durham and Debbie McDaniel, Sullivan.

     Senator Yeckel introduced to the Senate, Sally Ginger and Girl Scouts from St. Catherine La Boure School, St. Louis; and Diana Anselman, Danielle Beckerle, Jessica Dothage and Amy Lopez were made honorary pages.

     Senator Sims introduced to the Senate, thirty eighth grade students from McKinley Classical Junior Academy, St. Louis; and Daniel York, Clay Shorter, Kendra Williba and Kelly Groves were made honorary pages.

     Senator Mueller introduced to the Senate, forty-three seventh grade students from St. Gerard Majella, St. Louis; and Matt Normile, Rachel Kelly, Ben Wastler and Patrick Robert were made honorary pages.

     On behalf of Senator Johnson, the President introduced to the Senate, members of the Missouri Nurses Association.

     Senator Maxwell introduced to the Senate, members of the Paris High School Government Class.

     Senator Staples introduced to the Senate, the Physician of the Day, Dr. David Auner, Ironton.

     Senator Graves introduced to the Senate, Arlene Lanning, and students from Spickard Elementary, Spickard.

     Senator Ehlmann introduced to the Senate, Bob and Ann Schulte, St. Paul.

     Senator Singleton introduced to the Senate, Grace Ayton, Dr. Barbara Box and Willie Shippee, Joplin.

     On behalf of Senator McKenna and himself, Senator Staples introduced to the Senate, Kristan Spiker, Angie Pecinovsky, Stephanie Wilcoxen, Tammy Krolik, Bernadine McGuire, Julie Pierce, Jaye Polesel, Chris Moree, Janel Scotino and Tracey Holden, Hillsboro.

     Senator Yeckel introduced to the Senate, Margie LaMore, and students from the Truman Elementary School Gifted Program, St. Louis; and Ross Twele, Erin Ringling, Elizabeth Edwards and Adam LaMore were made honorary pages.

     Senator Howard introduced to the Senate, members of the Student Senate from Three Rivers Community College; Pat Kirby, Michael Gross, Debbie Behnen, Charity Rainwater, Adam Green, Kevin King, Pauletta Burns and Christin Delaverus.

     Senator Kenney introduced to the Senate, Jeanette Ashby, Mary Lindsey, Lynda Elton, Rebecca Funk, David Brouse, and fourth grade students from Cordell Mason School, Blue Springs; and Garret Schmidt, BreAnna Harmon, Jamie Brents and Joshua Johnston were made honorary pages.

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