Journal of the Senate

FIRST REGULAR SESSION


FORTIETH DAY--MONDAY, MARCH 24, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, Luke spoke of Jesus as the one who "went about doing good." Lord, help us to live in such a way that someone will be able to truthfully say of us that we did good for the people of our state. 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, March 20, 1997, was read and approved.

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

Present--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Curls--1
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Ehlmann offered Senate Resolution No. 423, regarding Mr. Jack Hammonds, St. Charles, which was adopted.

     Senator McKenna offered Senate Resolution No. 424, regrading Robert L. "Bob" Hastings, Crystal City, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 425, regarding Mr. Paul Wilmes, O'Fallon, which was adopted.

     Senator Graves offered Senate Resolution No. 426, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Ernest Wyatt, Mercer, which was adopted.

     Senator Graves offered Senate Resolution No. 427, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bob Nelson, Clarksdale, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 428, regarding Dr. H. P. Stonner, Tipton, which was adopted.

     Senator Westfall offered Senate Resolution No. 429, regarding LeAnn Foster Campbell, Barton County, which was adopted.

     Senator Flotron offered Senate Resolution No. 430, regarding Mary Katherine Rogers, Maryland Heights, which was adopted.

     Senator Kenney offered Senate Resolution No. 431, regarding Kelly Moncrief, Ft. Leonard Wood, which was adopted.

     Senator Kenney offered Senate Resolution No. 432, regarding Alison Casper, Monett, which was adopted.

     Senator Kenney offered Senate Resolution No. 433, regarding Barbara Kay Yost, which was adopted.

     Senator Kenney offered Senate Resolution No. 434, regarding Natalie Norlund, Blue Springs, which was adopted.

     Senator Kenney offered Senate Resolution No. 435, regarding Amy Stewart, Centerview, which was adopted.

     Senator Kenney offered Senate Resolution No. 436, regarding Holly Brand, which was adopted.

     Senator Kenney offered Senate Resolution No. 437, regarding Catherine Amery Brown, which was adopted.

     Senator Kenney offered Senate Resolution No. 438, regarding Janelle Meyer, Owensville, which was adopted.

     Senator Kenney offered Senate Resolution No. 439, regarding Anke Scheibler, Stuttgart, Germany, which was adopted.

     Senator Kenney offered Senate Resolution No. 440, regarding Douglas Stephen (Doug) Brasfield, Lee's Summit, which was adopted.

     Senator Klarich offered Senate Resolution No. 441, regarding the Class 2A District Basketball Champions from Valley R-6 of Caledonia-Belgrade, which was adopted.

     Senator Staples offered Senate Resolution No. 442, regarding Mr. A.C. Sullivan, Jr., Park Hills, which was adopted.

     Senator Goode offered Senate Resolution No. 443, regarding the City of Kinloch, which was adopted.

THIRD READING OF SENATE BILLS

     Senator Goode moved that SB 289 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     Senator Goode moved that SB 289 be read the 3rd time and finally passed.

     Senator Klarich requested unanimous consent of the Senate to suspend the rules and place SB 289 on the Formal Perfection Calendar, which request was denied.

     Senator Klarich offered a substitute motion that the rules be suspended and SB 289 be moved from the Consent Calendar to the Formal Perfection Calendar.

     Senator Mathewson raised the point of order that the motion made by Senator Klarich is out of order because it is not timely.

     Senator Mathewson assumed the Chair.

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

     President Pro Tem McKenna resumed the Chair.

     Senator Klarich's motion on SB 289 failed to receive the necessary two-thirds majority by the following vote:
Yeas--Senators
BentleyClayFlotronGraves
KenneyKinderKlarichMueller
QuickRohrbachRussellYeckel--12
Nays--Senators
CaskeyChildersDePascoGoode
HouseHowardJacobJohnson
LybyerMathewsonMaxwellMcKenna
SchneiderScottSimsSingleton
StaplesWestfallWiggins--19
Absent--Senators--Banks--1
Absent with leave--Senators
CurlsEhlmann--2

     Senator Klarich offered a substitute motion that SB 289 be re-referred to committee.

     Senator Mathewson requested a roll call vote be taken on the motion made by Senator Klarich to re-refer SB 289 to committee. He was joined in his request by Senators Goode, Johnson, Staples and Wiggins.

     Senator Klarich's motion to re-refer SB 289 to committee failed by the following vote:
Yeas--Senators
ChildersClayGravesKlarich
MuellerRussell--6
Nays--Senators
BanksBentleyCaskeyDePasco
FlotronGoodeHouseHoward
JacobJohnsonKenneyKinder
LybyerMathewsonMaxwellMcKenna
QuickRohrbachSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--26
Absent--Senators--None
Absent with leave--Senators
CurlsEhlmann--2

     Senator Klarich moved that SB 289 be referred to the Committee on State Budget Control.

     Senator Scott raised the point of order that Senator Klarich's motion is out of order in that the fiscal note does not indicate the necessary fiscal impact to state revenue that requires a bill to go to the budget committee under the Senate rules.

     President Pro Tem McKenna ruled the point of order not well taken.

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Klarich renewed his motion to re-refer SB 289 to the Committee on State Budget Control.

     At the request of Senator Klarich, the above motion was withdrawn.

     At the request of Senator Goode, the motion to 3rd read and finally pass SB 289 was withdrawn.

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

March 20, 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:

     Mary Louise Brown, 2028 Bland Place, St. Louis, St. Louis County, Missouri 63143, as a member of the Missouri Historical Records Advisory Board, for a term ending November 1, 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

March 20, 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:

     Anne G. Rottmann, 1409 Green Berry Road, Jefferson City, Cole County, Missouri 65101, as a member of the Missouri Historical Records Advisory Board, for a term ending November 1, 1998, and until her successor is duly appointed and qualified; vice, Sharon K. Hanson, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

     Katherine K. Wesselschmidt, 9566 Banyon Tree Court, St. Louis, St. Louis County, Missouri 63126, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund, for a term ending February 6, 1999, and until her successor is duly appointed and qualified; vice, RSMo 319.129.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

     Loretta M. Wilcox, Democrat, 2710 East 15th, Joplin, Jasper County, Missouri 64804, as a member of the Missouri Southern State College Board of Regents, for a term ending August 30, 2002, and until her successor is duly appointed and qualified; vice, Darius Keith Adams, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

     Joseph D. Wrinkle, 210 South Pleasant Street, Apartment 212, Independence, Jackson County, Missouri 64050, as a member of the Missouri Planning Council for Developmental Disabilities, for a term ending June 30, 1998, and until his 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 20, 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:

     Krikor O. Partamian, M.D., 33 Court Drive, St. Joseph, Buchanan County, Missouri 64506, as a member of the Missouri Western State College Board of Regents, for a term ending October 29, 2002, and until his successor is duly appointed and qualified; vice, John Thomas, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

     Patricia A. Versluis, 320 Crestwood Drive, Neosho, Newton County, Missouri 64850, as a member of the State Board of Nursing, for a term ending June 1, 2000, and until her successor is duly appointed and qualified; vice, Karen Hendrickson, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

     Patricia R. Porterfield, 313 Oriole Drive, St. Charles, St. Charles County, Missouri 63301, as a member of the State Board of Nursing, for a term ending June 1, 2000, and until her successor is duly appointed and qualified; vice, Patricia Dixon, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

     Christine C. Meyer, 7808 Stateline Road, Kansas City, Jackson County, Missouri 64114, as a member of the Drug Utilization Review Board, for a term ending October 15, 1998, and until her successor is duly appointed and qualified; vice, Dr. Arthur Shinn, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 20, 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:

     Wayne K. Mueller, 509 Riverchase Circle, Fenton, St Louis County, Missouri 63026, as a member of the Board of Boiler and Pressure Vessel Rules, for a term ending September 28, 1998, and until his 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 20, 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:

     Dorothy M. Creager, 3904 Summit Ridge, Independence, Jackson County, Missouri 64055, as a member of the Board of Boiler and Pressure Vessel Rules, for a term ending September 28, 2000, and until her successor is duly appointed and qualified; vice, David Dieckman, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 361, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS for SB 361 was again taken up.

     Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 361, Page 174, Section 454.1027, Line 28 of said page, by striking all of said line; and further amend said bill, page 175, lines 1-8, by striking all of said lines; and

     Further amend said bill, Page 175, Section 454.1029, Lines 9-15 of said page, by striking all of said lines, and inserting in lieu thereof the following:

     "454.1027. Notwithstanding any provision to the contrary contained in sections 454.1000 to 454.1025, the following procedures shall apply between the division of child support enforcement and the department of conservation regarding the suspension of hunting and fishing licenses.

     (1) The division of child support enforcement shall be responsible for making the determination whether an individual's license should be suspended based on the reasons specified in section 454.1003, after ensuring that each individual is provided due process including appropriate notice and opportunity for administrative hearing.

     (2) If the division of child support enforcement determines, after completion of all due process procedures available to an individual, that an individual's license should be suspended, the division shall notify the department of conservation. The department shall implement the determination of the division of child support enforcement by issuing an order suspending the individual's license. Such suspension shall remain in effect until the department is notified by the division that such suspension should be stayed or terminated because the individual is now in compliance with applicable child support laws."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Johnson assumed the Chair.

     Senator Caskey offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 361, Page 177, Section 2, Line 27 of said page, by inserting immediately after all of said line the following:

     "Section 3. The provisions of sections 454.1000 to 454.1027 shall only apply to those child support arrearages accrued after the effective date of this act."; and

     Further amend the title and enacting clause accordingly.

     Senator Caskey moved that the above amendment be adopted.

     At the request of Senator Caskey, SB 361, with SS and SA 2 (pending), was placed on the Informal 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 passed HJR 2, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 26(b) of article VI of the Constitution of Missouri, relating to school district indebtedness and adopting one new section in lieu thereof relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HJR 12, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 28 of article IV of the Constitution of Missouri, relating to the maximum period for which the state may be obligated on lease of real property and adopting one new section in lieu thereof relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HJR 16, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 50 of article III of the Constitution of Missouri, relating to initiative petitions and adopting one new section in lieu thereof relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 630, entitled:

     An Act relating to patriotic activities.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 529, entitled:

     An Act to repeal sections 49.310, 67.582, 221.010, 221.111, 221.400, 221.405 and 221.410, RSMo 1994, relating to jails, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

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 SCS for SB 165, 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 Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 211, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 211, Page 4, Section 266.165, Line 30, by striking the word "thirty" and inserting in lieu thereof "twenty-five"; and

     Further amend said bill, page 10, section 266.190, line 16 by striking the opening and closing brackets on said line "[ ]"; and further amend said line by inserting the word "and" immediately before "a listing"; and further amend line 18, by inserting the word "the" immediately before the word "payment"; and further amend said line by striking the word "fifty" and inserting in lieu thereof the following: "twenty-five".

HOUSE BILLS ON SECOND READING

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

     HB 229--Corrections and General Laws.

     HCS for HBs 87 and 264--Local Government and Economic Development.

     HB 259--Commerce and Environment.

     HB 342--Appropriations.

     HCS for HB 114--Ways and Means.

     HCS for HB 538--Education.

     HCS for HB 589--Local Government and Economic Development.

     HCS for HB 620--Local Government and Economic Development.

     HB 491--Ways and Means.

     HB 32--Public Health and Welfare.

     HB 34--Ways and Means.

     HCS for HB 356--Elections, Pensions and Veterans' Affairs.

     HCS for HB 450--Labor and Industrial Relations.

     HCS for HBs 424 and 534--Agriculture, Conservation, Parks and Tourism.

     HB 59--Judiciary.

     HB 327--Agriculture, Conservation, Parks and Tourism.

     HB 150--Agriculture, Conservation, Parks and Tourism.

     HB 172--Elections, Pensions and Veterans' Affairs.

     HB 626--Insurance and Housing.

     HB 387--Financial and Governmental Organization.

     HB 244--Transportation.

     HB 319--Insurance and Housing.

     HB 95--Local Government and Economic Development.

     HB 651--Local Government and Economic Development.

     HB 300--Civil and Criminal Jurisprudence.

     HB 104--Civil and Criminal Jurisprudence.

     HB 250--Education.

     HB 309--Public Health and Welfare.

     HB 610--Financial and Governmental Organization.

     HB 265--Judiciary.

     HB 88--Judiciary.

     HB 520--Financial and Governmental Organization.

     HB 213--Commerce and Environment.

     HB 438--Appropriations.

     HB 207--Transportation.

     HB 123--Transportation.

     HB 566--Transportation.

     HCS for HJR 9--Education.

RESOLUTIONS

     Senator Schneider offered Senate Resolution No. 444, regarding Clifford James "Jim" Williams, which was adopted.

     Senator Schneider offered Senate Resolution No. 445, regarding the One Hundred First Birthday of Mary Barry, which was adopted.

COMMUNICATIONS

     President Pro Tem McKenna submitted the following:

February 17, 1997

Ms. Terry Spieler

Secretary of the Senate

Capitol Bldg., Room 325

Jefferson City, MO 65101

Dear Terry:

Due to the illness and absence of Senator Phil Curls, I am temporarily appointing Senator Danny Staples to replace Senator Curls as a member of the Senate Appropriations Committee.

Please modify your records to reflect this change.

          Sincerely,

          /s/ Bill

          Bill McKenna

          President Pro Tem

INTRODUCTIONS OF GUESTS

     Senator Bentley introduced to the Senate, Cullen, Fred and Chris May, Springfield; and Chris and Cullen were made honorary pages.

     Senator Caskey introduced to the Senate, his wife, Kay, Butler; Janet Borron, Kansas City; and Ray and Maureen Stone, Oxford, England.

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