Journal of the Senate

SECOND REGULAR SESSION


THIRD DAY--MONDAY, JANUARY 12, 1998


The Senate met pursuant to adjournment.

President Wilson in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, watch over our families while we are here. Don't let us be like the doctor whose children go untreated or the preacher whose children go unloved. Give us the ability to minister to the family of man without neglecting our own family. 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.

Senator Quick moved that the Senate Journal for Thursday, January 8, 1998, be corrected on Page 44, Column 1, Line 1, by deleting "and Klarich" and inserting in lieu thereof the words: ", Klarich and Mathewson", which motion prevailed.

The Journal for Thursday, January 8, 1998, was read and approved, as corrected.

The following Senators were present during the day's proceedings:
Present--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
Absent with leave--Senator Curls--1
The Lieutenant Governor was present.

Senator Quick nominated Ken Holman for the office of Doorkeeper.

Ken Holman was elected by the following vote:
YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Graves Schneider--2
Absent with leave--Senator Curls--1

Ken Holman advanced to the dais and was administered the oath of office by Lt. Governor Wilson.RESOLUTIONS

Senator Quick offered Senate Resolution No. 971, regarding John Cullum Brown, Kansas City, which was adopted.

Senator Russell offered Senate Resolution No. 972, regarding the One Hundred First Birthday of Calvin Clark Price, Grovespring, which was adopted.

Senator McKenna offered Senate Resolution No. 973, regarding Robert Lee McGraw, Imperial, which was adopted.

Senator Mathewson offered Senate Resolution No. 974, regarding the State Fair Community College Roadrunner Soccer Team, which was adopted.

Senator Mathewson offered Senate Resolution No. 975, regarding Sacred Heart School, Sedalia, which was adopted.

Senator Maxwell offered Senate Resolution No. 976, regarding the One Hundred Third Birthday of Nona Claggett, Palmyra, which was adopted.

Senator Quick moved that SR 969 be taken up for adoption, which motion prevailed.

On motion of Senator Quick, SR 969 was adopted.

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 SCR 30, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

RESOLUTIONS

Senator Quick offered the following resolution:

SENATE RESOLUTION NO. 977

BE IT RESOLVED by the Senate, that the Secretary of the Senate inform the House of Representatives of the election of the following officer:

Doorkeeper.................................................................Ken Holman

Senator Quick moved that the above resolution be adopted, which motion prevailed.

CONCURRENT RESOLUTIONS

Senator Mathewson moved that the rules be suspended and SCR 30 be taken up for adoption, which motion prevailed.

Senator Wiggins assumed the Chair.

On motion of Senator Mathewson, SCR 30 was adopted by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Ehlmann Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks DePasco Schneider--3
Absent with leave--Senator Curls--1

INTRODUCTION OF BILLS

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

SB 682-By Westfall.

An Act to repeal section 288.090, RSMo Supp. 1997, relating to unemployment benefits, and to enact in lieu thereof one new section relating to the same subject.

SB 683-By Westfall and Childers.

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to motor vehicle license plates.

SB 684-By Caskey.

An Act to repeal sections 211.073 and 211.181, RSMo Supp. 1997, relating to juveniles, and to enact in lieu thereof two new sections relating to the same subject.

SB 685-By Childers.

An Act to repeal section 165.011, RSMo Supp. 1997, relating to funds for public school capital projects, and to enact in lieu thereof one new section relating to the same subject.

SB 686-By Childers.

An Act to repeal section 163.023, RSMo 1994, relating to accreditation of school districts, and to enact in lieu thereof one new section relating to the same subject.

SB 687-By Sims and Bentley.

An Act to repeal sections 211.464 and 453.160, RSMo 1994, and sections 192.016, 211.444, 452.402, 453.025, 453.030, 453.040, 453.060, 453.070, 453.080, 453.110, RSMo Supp. 1997, relating to adoption, and to enact in lieu thereof twelve new sections relating to the same subject.

SB 688-By Jacob.

An Act to repeal section 633.010, RSMo 1994, relating to the department of mental health, and to enact in lieu thereof one new section relating to the same subject.

SB 689-By Jacob.

An Act to repeal section 210.030, RSMo 1994, relating to blood tests for pregnant women, and to enact in lieu thereof one new section relating to the same subject.

SB 690-By Jacob.

An Act to repeal sections 494.425 and 494.430, RSMo 1994, relating to jury service, and to enact in lieu thereof two new sections relating to the same subject.

SB 691-By Jacob.

An Act to repeal section 144.513, RSMo 1994, relating to sales tax.

SB 692-By Jacob.

An Act to repeal section 175.021, RSMo 1994, and sections 172.035 and 174.055, RSMo Supp. 1997, relating to student representatives on the governing boards of certain institutions of higher education, and to enact in lieu thereof three new sections relating to the same subject.

SB 693-By Jacob.

An Act to repeal section 313.835, RSMo 1994, relating to certain scholarship programs, and to enact in lieu thereof three new sections relating to the same subject.

SB 694-By Bentley and Maxwell.

An Act to repeal section 167.260, RSMo 1994, and 313.835, RSMo Supp. 1997, relating to prekindergarten education programs, and to enact in lieu thereof two new sections relating to the same subject.

SB 695-By Kinder.

An Act to authorize the board of regents of Southeast Missouri State University to convey certain property of Southeast Missouri State University in Cape Girardeau County Missouri, to the city of Cape Girardeau.

SB 696-By Schneider.

An Act to repeal sections 138.430, 196.790, 426.220, 426.230, 429.360, 512.180, 512.190, 512.200, 512.210, 512.250, 512.270, 512.280, 512.290, 512.300, 512.310, 512.320, 534.350, 534.360, 535.110, 541.020 and 571.090, RSMo 1994, and 479.500, 534.380 and 535.030, RSMo Supp. 1997, relating to appellate review by trial de novo, and to enact in lieu thereof fifteen new sections relating to the same subject.

SB 697-By House.

An Act to amend chapter 485, RSMo, by adding thereto five new sections relating to shorthand reporters.

SB 698-By Maxwell.

An Act to amend chapter 37, RSMo, by adding thereto two new sections relating to community based family services.

SB 699-By Maxwell.

An Act to amend chapter 620, RSMo, by adding thereto six new sections relating to the establishment of the family development account program.

SB 700-By Maxwell.

An Act to repeal sections 640.102, 640.115, 640.120, 640.125, 640.130, 644.101, 644.116 and 644.122, RSMo 1994, and sections 640.100 and 644.026, RSMo Supp. 1997, relating to public drinking water, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

SB 701-By Maxwell.

An Act to repeal section 208.010, RSMo 1994, relating to public assistance benefits, and to enact in lieu thereof one new section relating to the same subject.

SB 702-By Clay and Banks.

An Act to repeal section 565.020, RSMo 1994, relating to certain crimes, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 703-By Clay and Banks.

An Act to repeal section 565.030, RSMo 1994, relating to capital punishment, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 704-By Banks.

An Act to repeal section 374.700, RSMo 1994, relating to apprehension of fugitives, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

SB 705-By Banks.

An Act to amend chapter 302, RSMo, by adding thereto two new sections relating to the enforcement of local traffic and parking violations, with penalty provisions and an effective date.

SB 706-By Flotron.

An Act to repeal section 71.288, RSMo Supp. 1997, relating to the regulation of billboards, and to enact in lieu thereof one new section relating to the same subject.

SB 707-By Flotron.

An Act to repeal sections 99.820 and 99.845 as enacted by senate bill no. 1 of the second extraordinary session, eighty-ninth general assembly, relating to tax increment financing, and to enact in lieu thereof two new sections relating to the same subject.

SB 708-By Flotron.

An Act relating to digital signatures, with penalty provisions.

SB 709-By DePasco.

An Act to repeal section 115.351, RSMo 1994, relating to the establishment of a presidential preference primary, and to enact in lieu thereof twelve new sections relating to the same subject.

SB 710-By DePasco.

An Act to repeal sections 115.133, 115.199, 115.369, 115.377, 115.381 and 115.437, RSMo 1994, and sections 105.492, 115.123, 115.125, 115.151, 115.155, 115.275, 115.277, 115.283 and 115.387, RSMo Supp. 1997, relating to elections, and to enact in lieu thereof fifteen new sections relating to the same subject.

SB 711-By McKenna.

An Act to amend chapter 324, RSMo, by adding thereto fourteen new sections relating to the regulation of certain medical personnel, with penalty provisions.

SB 712-By McKenna.

An Act to repeal section 572.010, RSMo 1994, relating to gambling, and to enact in lieu thereof one new section relating to the same subject.

SJR 25-By McKenna.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39(a) of article III of the Constitution of Missouri, relating to bingo and adopting one new section in lieu thereof relating to the same subject.

Senator Johnson assumed the Chair.

COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following committee pursuant to HCR 1: Senators Caskey, House, Jacob, Maxwell, Schneider, Wiggins, Bentley, Ehlmann, Klarich and Sims.

President Pro Tem McKenna appointed the following committee pursuant to HCR 2: Senators Clay, Curls, Goode, Howard, Lybyer, Mathewson, Flotron, Singleton, Westfall and Yeckel.

MISCELLANEOUS

President Pro Tem McKenna submitted the following:



HEARING SCHEDULE

89TH GENERAL ASSEMBLY

2ND REGULAR SESSION

January 12, 1998
Monday Tuesday Wednesday Thursday
8:30 Commerce & Civil & Rules, Jt.
a.m. Environment- Criminal Rules &
SL (Goode) Jurisprudence- Resolutions-
SCR2 (Caskey) SL (Quick)
9:00 Aging, Families Gubernatorial
a.m. & Mental Appointments -
Health-SCR 1 SL (McKenna)
(Howard)
11:00 Labor & Ind. Elections, Pensions
a.m. Relations- & Veterans'
SCR 1 (Clay) Affairs-SCR 1
(DePasco)
1:30 Transportation- Agriculture, Cons.,
p.m. SL (Staples) Parks & Tourism -
SL (Johnson)
Education -
SCR 2 (House)
2:00 Financial & Local Gov. &
p.m. Gov. Organ. - Economic Dev. -
SL (Maxwell) SCR 2
(Mathewson)
2:30 Insurance & Housing-
p.m. SCR 1 (Curls)
Judiciary -
SL (Schneider)
3:00 Corrections &
p.m. General Laws-
SL (Scott)
8:00 Public Health Ways & Means-
p.m. & Welfare- SL (Wiggins)
SL (Banks)
SL - Senate Lounge
SCR 1 - Senate Committee Room 1, Room 118
SCR 2 - Senate Committee Room 2, Room 119



SECOND READING OF SENATE BILLS

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

SB 469--Corrections and General Laws.

SB 470--Aging, Families and Mental Health.

SB 472--Ways and Means.

SB473--Local Government and Economic Development.

SB 474--Civil and Criminal Jurisprudence.

SB 475--Public Health and Welfare.

SB 476--Financial and Governmental Organization.

SB 477--Agriculture, Conservation, Parks and Tourism.

SB 478--Civil and Criminal Jurisprudence.

SB 479--Local Government and Economic Development.

SB 480--Public Health and Welfare.

SB 481--Judiciary.

SB 482--Judiciary.

SB 483--Corrections and General Laws.

SB 484--Local Government and Economic Development.

SB 485--Local Government and Economic Development.

SB 486--Judiciary.

SB 487--Commerce and Environment.

SB 488--Education.

SB 489--Ways and Means.

SB 490--Corrections and General Laws.

SB 491--Ways and Means.

SB 492--Ways and Means.

SB 493--Civil and Criminal Jurisprudence.

SB 494--Elections, Pensions and Veterans' Affairs.

SB 495--Corrections and General Laws.

SB 496--Civil and Criminal Jurisprudence.

SB 498--Judiciary.

SB 499--Aging, Families and Mental Health.

SB 500--Education.

SB 501--Education.

SB 502--Education.

SB 503--Corrections and General Laws.

SB 504--Ethics.

SB 505--Local Government and Economic Development.

SB 506--Education.

SB 508--Transportation.

SB 509--Ethics.

SB 510--Corrections and General Laws.

SB 511--Local Government and Economic Development.

SB 512--Judiciary.

SB 513--Ways and Means.

SB 514--Ways and Means.

SB 515--Civil and Criminal Jurisprudence.

SB 516--Ways and Means.

SB 517--Insurance and Housing.

SB 518--Civil and Criminal Jurisprudence.

SB 519--Transportation.

SB 520--Commerce and Environment.

SB 521--Public Health and Welfare.

SB 522--Transportation.

SB 523--Corrections and General Laws.

SB 524--Ways and Means.

SB 525--Financial and Governmental Organization.

SB 526--Public Health and Welfare.

SB 527--Civil and Criminal Jurisprudence.

SB 528--Transportation.

SB 530--Judiciary.

SB 531--Elections, Pensions and Veterans' Affairs.

SB 532--Civil and Criminal Jurisprudence.

SB 533--Financial and Governmental Organization.

SB534--Financial and Governmental Organization.

SB 535--Ways and Means.

SB 536--Local Government and Economic Development.

SB 537--Civil and Criminal Jurisprudence.

SB 538--Labor and Industrial Relations.

SB 539--Transportation.

SB 540--Ways and Means.

SB 541--Commerce and Environment.

SB 542--Commerce and Environment.

SB 543--Commerce and Environment.

SB 544--Elections, Pensions and Veterans' Affairs.

SB 545--Local Government and Economic Development.

SB 546--Civil and Criminal Jurisprudence.

SB 547--Transportation.

SB 548--Aging, Families and Mental Health.

SB 549--Public Health and Welfare.

SB 550--Local Government and Economic Development.

SB 551--Elections, Pensions and Veterans' Affairs.

SB 553--Education.

SB 554--Ways and Means.

SB 555--Civil and Criminal Jurisprudence.

SB 556--Civil and Criminal Jurisprudence.

SB557--Financial and Governmental Organization.

SB 558--Ways and Means.

SB559--Financial and Governmental Organization.

SB 560--Corrections and General Laws.

SB 561--Commerce and Environment.

SB 562--Civil and Criminal Jurisprudence.

SB 563--Education.

SB 564--Corrections and General Laws.

SB 565--Public Health and Welfare.

SB 566--Labor and Industrial Relations.

SB 567--Commerce and Environment.

SB 568--Insurance and Housing.

SB 569--Insurance and Housing.

SB 570--Local Government and Economic Development.

SB 571--Financial and Governmental Organization.

SB 573--Civil and Criminal Jurisprudence.

SB 574--Ways and Means.

SB 575--Civil and Criminal Jurisprudence.

SB 576--Judiciary.

SB 577--Commerce and Environment.

SB 578--Insurance and Housing.

SB 579--Elections, Pensions and Veterans' Affairs.

SB 580--Local Government and Economic Development.

SB 581--Education.

SB 582--Transportation.

SB 583--Financial and Governmental Organization.

SB 584--Judiciary.

SB 585--Judiciary.

SB 586--Judiciary.

SB 587--Corrections and General Laws.

SB 588--Education.

SB 589--Corrections and General Laws.

SB 590--Ways and Means.

SB 591--Judiciary.

SB 592--Transportation.

SB 593--Commerce and Environment.

SB 594--Agriculture, Conservation, Parks and Tourism.

SB 595--Agriculture, Conservation, Parks and Tourism.

SB 596--Agriculture, Conservation, Parks and Tourism.

SB 597--Local Government and Economic Development.

SB 598--Public Health and Welfare.

SB 599--Transportation.

SB 600--Financial and Governmental Organization.

SB 601--Ways and Means.

SB 602--Elections, Pensions and Veterans' Affairs.

SB 603--Financial and Governmental Organization.

SB 604--Transportation.

SB 605--Education.

SB 606--Civil and Criminal Jurisprudence.

SB 607--Corrections and General Laws.

SB 608--Public Health and Welfare.

SB 609--Education.

SB 610--Agriculture, Conservation, Parks and Tourism.

SB 611--Public Health and Welfare.

SB 612--Corrections and General Laws.

SB 613--Commerce and Environment.

SB 614--Judiciary.

SB 615--Corrections and General Laws.

SB 616--Corrections and General Laws.

SB 617--Ways and Means.

SB 618--Judiciary.

SB 619--Transportation.

SB 620--Appropriations.

SB 621--Appropriations.

SB 622--Judiciary.

INTRODUCTIONS OF GUESTS

On behalf of Senator Childers and himself, Senator Howard introduced to the Senate, Dr. Ann Ream, O.D., Thayer.

Senator Wiggins introduced to the Senate, Dr. John Turley, Kansas City.

Senator Rohrbach introduced to the Senate, Matt Landwehr, Jefferson City.

Senator Flotron introduced to the Senate, Dr. Steve Rosen, West County.

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