Journal of the Senate

FIRST REGULAR SESSION


FORTY-SIXTH DAY--THURSDAY, APRIL 3, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we all have our problems. Sometimes they are very difficult to deal with. We pray that You will help us to deal with our problems honestly and with courage. Keep us from pushing them off on someone else. Give us the strength to help those whose problems are greater than our own. 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 photographers from the Senate had been given permission to take pictures in the Senate Chamber today.

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

Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

CONCURRENT RESOLUTIONS

     Senator Caskey offered the following concurrent resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE CONCURRENT RESOLUTION NO. 23

     WHEREAS, blind children deserve a quality education just like all other school children; and

     WHEREAS, since 1990, section 167.225, RSMo, as enacted in SB 740 from 1990, the "Excellence in Education Act", has required education in Braille be provided for those students who would benefit from such training; and

     WHEREAS, adequate education in Braille and cane travel are crucial to a blind person's success in postsecondary education and in gainful employment; and

     WHEREAS, there is an insufficient number of people trained in the teaching of Braille and cane travel to meet the needs of blind students in Missouri; and

     WHEREAS, instruction in Braille and cane travel can be provided by properly trained paraprofessionals; and

     WHEREAS, the Division of Special Education of the Department of Elementary and Secondary Education has not implemented training to the extent necessary to provide a quality education for all blind students:

     NOW, THEREFORE, BE IT RESOLVED by the Senate of the Eighty-Ninth General Assembly, the House of Representatives concurring therein, that the Division of Special Education of the Department of Elementary and Secondary Education develop and implement a plan to employ enough properly-trained instructors, including paraprofessionals, to teach Braille and cane travel to all blind students in Missouri who would benefit from such training; and

     BE IT FURTHER RESOLVED, that such implementation plan include an incentive program to encourage more individuals, including current instructional staff, to become teachers of Braille and cane travel; and

     BE IT FURTHER RESOLVED, that the Division of Special Education of the Department of Elementary and Secondary Education annually provide a report to the Governor and General Assembly, no later than December first of each year, which report describes the Division's progress in implementing the plan, any significant obstacles to continued progress in implementation and the Division's recommendations for removing these obstacles; and

     BE IT FURTHER RESOLVED, that the Division of Special Education of the Department of Elementary and Secondary Education conduct a statewide study to assess the literacy of blind students on a grade-level basis and report its findings and recommendations to improve the literacy of blind students to the Governor and General Assembly no later than December 1, 1997; and

     BE IT FURTHER RESOLVED, that the Secretary of the Senate prepare and transmit properly inscribed copies of this resolution to the Director of the Division of Special Education of the Missouri Department of Elementary and Secondary Education and to the Missouri Commissioner of Education.

REFERRALS

     President Pro Tem McKenna referred SS for SB 208; SB 24; SB 176; and HCS for HB 356, with SCS, to the Committee on State Budget Control.

THIRD READING OF SENATE BILLS

     SS for SB 97, introduced by Senator Schneider, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 97

     An Act to repeal sections 630.155, 630.167 and 630.710, RSMo Supp. 1996, relating to the confidentiality of mental health reports, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     On motion of Senator Schneider, SS for SB 97 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyDePascoLybyer--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     SS for SB 120, introduced by Senator Goode, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 120

     An Act to repeal sections 304.155, 304.156, 304.157 and 304.158, RSMo Supp. 1996, relating to the removal of abandoned property, and to enact in lieu thereof four new sections relating to the same subject.

     Was taken up.

     On motion of Senator Goode, SS for SB 120 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BentleyJohnson--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Quick announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

SENATE BILLS FOR PERFECTION

     Senator Kinder moved that SB 275 be taken up for perfection, which motion prevailed.

     Senator Kinder offered SS for SB 275, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 275

     An Act to repeal sections 188.015, 188.030, 188.035 and 188.075, RSMo 1994, relating to abortions, and to enact in lieu thereof five new sections relating to the same subject, with a penalty provision.

     Senator Kinder moved that SS for SB 275 be adopted.

     At the request of Senator Kinder, SB 275, with SS (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on State Budget Control, to which were referred SS for SB 361; SS No. 3 for SCS for SB 51; SS No. 2 for SCS for SBs 202, 23 and 183, begs leave to report that it has considered the same and recommends that the bills do pass.

     Senator Johnson assumed the Chair.

THIRD READING OF SENATE BILLS

     SS No. 3 for SCS for SB 51, introduced by Senator McKenna, entitled:

SENATE SUBSTITUTE NO. 3 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 51

     An Act to repeal sections 452.150, 452.355, 452.370, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605 and 454.496 RSMo 1994, and sections 452.340, 452.375 and 452.400, RSMo Supp. 1996, relating to child custody and child support proceedings, and to enact in lieu thereof fifteen new sections relating to the same subject.

     Was taken up.

     On motion of Senator McKenna, SS No. 3 for SCS for SB 51 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     SS No. 2 for SCS for SBs 202, 23 and 183, introduced by Senator Maxwell, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 202, 23 and 183

     An Act to repeal sections 96.230, 96.240, 96.250, 96.260, 96.270, 96.280, 96.290, 161.193, 167.260, 205.590, 205.600, 205.610, 205.620, 205.640, 205.650, 205.660, 205.670, 205.680, 205.690, 205.700, 205.710, 205.720, 205.730, 205.740, 205.750, 205.760, 205.765, 205.766, 205.767, 205.769, 205.770, 205.780, 205.790, 205.820, 205.830, 205.840, 205.850, 205.860, 205.870, 205.880, 205.890, 205.900, 205.910, 205.920, 205.930, 205.940, 205.950, 207.010, 207.090, 208.010, 208.015, 208.040, 208.041, 208.042, 208.043, 208.044, 208.047, 208.048, 208.050, 208.060, 208.075, 208.080, 208.120, 208.150, 208.160, 208.170, 208.180, 208.182, 208.325, 208.337, 208.339, 208.342, 208.345, 208.400, 208.405, 208.410, 208.415, 208.500, 208.503, 208.505, 210.245, 210.252, 210.256, 473.399, 620.481, 620.521, 620.523, 620.527, 620.528, 620.529, 620.537, 660.016, 660.020, 660.023, and 660.026, RSMo 1994, and sections 135.240, 208.151, 210.221, 620.530 and 660.017, RSMo Supp. 1996, relating to public health and welfare, and to enact in lieu thereof eighty-four new sections relating to the same subject with an effective date for certain sections.

     Was taken up.

     On motion of Senator Maxwell, SS No. 2 for SCS for SBs 202, 23 and 183 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Goode--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     SS for SB 361, introduced by Senator Caskey, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 361

     An Act to repeal sections 193.085, 193.087, 193.145, 193.215, 210.822, 210.832, 210.834, 210.839, 210.841, 285.300, 285.302, 285.304, 288.250, 379.116, 451.040, 452.305, 452.315, 452.350, 452.370, 454.410, 454.415, 454.425, 454.440, 454.455, 454.460, 454.465, 454.470, 454.475, 454.476, 454.485, 454.490, 454.495, 454.496, 454.500, 454.505, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.603, 454.808, 486.225 and 620.145, RSMo 1994, sections 452.340, 454.400, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.935, 454.937, 454.940, 454.942, 454.945, 454.947, 454.950, 454.952, 454.955, 454.957, 454.960, 454.962, 454.965, 454.967, 454.970, 454.972, 454.975, 454.977, 454.979 and 454.980, RSMo Supp. 1996, and sections 210.842 and 452.345, as both versions of such sections appear in RSMo Supp. 1996, and to enact in lieu thereof one hundred thirty-three new sections for the purpose of complying with federal mandates for child support enforcement, with penalty provisions, an effective date for certain sections and an emergency clause.

     Was taken up.

     On motion of Senator Caskey, SS for SB 361 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Goode--1
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayGoode--2
Absent with leave--Senators--None

     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.

     President Pro Tem McKenna resumed the Chair.

SENATE BILLS FOR PERFECTION

     Senator Kinder moved that SB 275, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS for SB 275 was again taken up.

     Senator Mathewson assumed the Chair.

     At the request of Senator Kinder, SB 275, with SS (pending), was placed on the Informal Calendar.

HOUSE BILLS ON SECOND READING

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

     HB 159--Local Government and Economic Development.

     HB 340--Local Government and Economic Development.

     HB 523--Local Government and Economic Development.

     HB 526--Elections, Pensions and Veterans' Affairs.

     HB 540--Civil and Criminal Jurisprudence.

     HB 590--Elections, Pensions and Veterans' Affairs.

     HB 659--Financial and Governmental Organization.

     HB 710--Local Government and Economic Development.

     HB 712--Elections, Pensions and Veterans' Affairs.

     HB 722--Corrections and General Laws.

     HB 734--Elections, Pensions and Veterans' Affairs.

     HB 749--Local Government and Economic Development.

     HB 756--Local Government and Economic Development.

     HB 771--Local Government and Economic Development.

RESOLUTIONS

     Senator Russell offered Senate Resolution No. 548, regarding Kathryn Austin, Mountain Grove, which was adopted.

     Senator Russell offered Senate Resolution No. 549, regarding Betty L. Collette, Lebanon, which was adopted.

     Senator Russell offered Senate Resolution No. 550, regarding Jan and Terry Primas, Waynesville, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Howard introduced to the Senate, Donald W. DeProw, Tallapoosa; Eddie Jarboe, Steele; Bonnie and Ron Yersak, Dexter; Sondra Booker, Holland; Helen Lafferty, Cooter; Roberta Fain, Qulin; Peggy Brewington, Gideon; Bill Clark, Cardwell; Bill York, Blodgett; Lewis E. Aukes and Robert Mizell, Hornersville; Joyce and Don Lancaster, Risco; Doyle Mitchell, Puxico; and Ryan Mayo and Pam Wheeler, Bloomfield.

     Senator Kinder introduced to the Senate, Tom

Mueller, and forty fourth grade students from Washington School, Cape Girardeau; and Sarah Riley-Land, Katie Dillingham, Kelly O'Brien and Eric Neibhors were made honorary pages.

     Senator Westfall introduced to the Senate, the Physician of the Day, Dr. Jeff Tedrow, and his daughter, Sarah, Bolivar; and Sarah was made an honorary page.

     Senator Caskey introduced to the Senate, Katie Dyer, and sixty eighth grade students from Cass-Midway School, Cleveland.

     Senator Staples introduced to the Senate, Melanie Smith and fourth grade students from Bismarck School, Bismarck.

     Senator Yeckel introduced to the Senate, Girl Scouts from Beasley Elementary School, St. Louis; and Jessica Hawkins, Ashley Mason, Dianna Grass, Amanda Sellmann, Michelle Hihn, Julie Holmes, Kelly Wuellner and Dana Meyer were made honorary pages.

     Senator Caskey introduced to the Senate, Larry Descombes, and thirty eighth grade students from Leeton R-10 School, Leeton.

     On behalf of Senator McKenna, the President introduced to the Senate, Navy Captain Thomas Otterbein, and his wife, Kasia, Newport News, Virginia; and former State Representative Carl Niewoehner, Columbia.

     On motion of Senator Quick, the Senate adjourned until 3:00 p.m., Monday, April 7, 1997.