Journal of the Senate

SECOND REGULAR SESSION


EIGHTH DAY--TUESDAY, JANUARY 20, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, if I had my life to live over, would I make the same mistakes, have the same good fortune or make the same choices? If my mom and dad could choose again would I even be here? Lord, we don't know all the factors that have worked together to bring us here, but this one thing we know - without You to lead, our time spent here would not be worthwhile. Direct our paths. Lead our way. 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.

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

Present--Senators
Banks Bentley Caskey Childers
Clay Curls 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--34
Absent with leave--Senators--None


INTRODUCTION OF BILLS

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

SB 770-By Mathewson.

An Act to repeal section 210.516, RSMo 1994, relating to exceptions to licensure requirements for certain child care facilities, and to enact in lieu thereof one new section relating to the same subject.

SB 771-By Sims, House and Bentley.

An Act to repeal sections 210.720 and 211.183, RSMo 1994, and sections 211.171, 211.447 and 453.010, RSMo Supp. 1997, relating to permanency for children in alternative care, and to enact in lieu thereof five new sections relating to the same subject, with an emergency clause.

SB 772-By Howard, Scott, Banks and Flotron.

An Act to amend chapter 105, RSMo, by adding thereto one new section relating to investigations by the ethics commission, with an emergency clause.

SB 773-By Howard, DePasco, Kenney, Flotron, Lybyer, Johnson, Staples, Scott, Westfall, Klarich, McKenna, Ehlmann, Kinder, Yeckel, Wiggins, Mueller, House, Russell and Maxwell.

An Act to repeal section 197.317, RSMo Supp. 1997, relating to certificate of need moratorium dates, and to enact in lieu thereof one new section relating to the same subject.

SB 774-By Flotron and McKenna.

An Act to repeal sections 311.093 and 311.328, RSMo 1994, and sections 311.097, 311.098, 311.102 and 311.260, RSMo 1994, relating to certain businesses licensed to sell intoxicating liquor or nonintoxicating beer, and to enact in lieu thereof four new sections relating to the same subject.

SB 775-By Flotron.

An Act to repeal section 226.270, RSMo 1994, and section 226.967, RSMo Supp. 1997, relating to the department of transportation, and to enact in lieu thereof two new sections relating to the same subject.

SB 776-By Flotron.

An Act to repeal section 136.300, RSMo 1994, relating to the burden of proof in state tax cases, and to enact in lieu thereof one new section relating to the same subject.

SB 777-By Flotron, Ehlmann and Klarich.

An Act to repeal sections 287.020, 287.030, 287.040, 287.061, 287.067, 287.090, 287.129, 287.140, 287.170, 287.210, 287.220, 287.250, 287.260, 287.337, 287.380, 287.390, 287.460, 287.480, 287.610, 287.655 and 287.690, RSMo 1994, and section 287.650, RSMo Supp. 1997, relating to employers and employees, and to enact in lieu thereof twenty-two new sections relating to the same subject.

SB 778-By Jacob.

An Act to repeal section 140.730, RSMo 1994, relating to the procedure for collection of personal taxes, and to enact in lieu thereof one new section relating to the same subject.

SB 779-By Jacob, McKenna and Schneider.

An Act relating to financing of certain election campaigns, with penalty provisions.

SB 780-By House, Singleton and Yeckel.

An Act to repeal sections 162.152, 162.171, 162.181, 162.191, 162.201, 162.261, 162.321, 162.371, 162.391, 162.411, 162.501, 162.631, 164.161, 164.221, 165.031, 165.221, 166.151, 167.091, 167.101, 167.141, 167.191, 167.211, 167.221, 167.251, 167.260, 167.268, 167.275, 167.278, 167.308, 167.330, 168.171, 168.181, 168.191, 168.201, 168.221, 170.031, 170.041, 170.057, 171.031, 171.051, 171.141, 171.181, 177.011, 177.031, 177.051, 177.073, 177.091, 177.101, 177.131, 177.161, 177.171, 178.290, 178.300, 178.310, 178.320, 178.330, 178.340, 178.350 and 178.360, RSMo 1994, and sections 161.102, 161.205, 165.091, 165.111, 167.161, 168.211 and 177.086, RSMo Supp. 1997, relating to public schools, and to enact in lieu thereof twenty-seven new sections relating to the same subject.

SB 781-By House, Johnson, Flotron, McKenna, Clay and Wiggins.

An Act to repeal sections 160.538, 162.081 and 168.221, RSMo 1994, and sections 163.011 and 166.275, RSMo Supp. 1997, relating to education, and to enact in lieu thereof fourteen new sections relating to the same subject.

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 3.

HOUSE CONCURRENT RESOLUTION NO. 3

WHEREAS, section 137.021, RSMo, provides that on or before December thirty-first of each odd-numbered year, the state tax commission shall...promulgate by regulation and publish a value based on productive capability for each of the several grades of agricultural and horticultural land; and

WHEREAS, the state tax commission, in concordance with section 137.021, RSMo, did on November 14, 1997, propose a value for each of the several grades of agricultural and horticultural land for the 1999 and 2000 assessment years; and

WHEREAS, the members of the general assembly believe that the proposed agricultural land values are excessive; and

WHEREAS, section 137.021 provides that the general assembly, within the first sixty calendar days of the regular session immediately following the promulgation of such regulation, by concurrent resolution, can disapprove the values contained in such regulation; and

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-Ninth General Assembly, the Senate concurring therein, hereby disapprove the regulation promulgated by the state tax commission pursuant to section 137.021, RSMo, establishing agricultural land values; and

BE IT FURTHER RESOLVED that we, the members of the Eighty-Ninth General Assembly, recommend that the state tax commission review the current procedure for determining and establishing agricultural land values.

In which the concurrence of the Senate is respectfully requested.

Senator Wiggins assumed the Chair.

REPORTS OF STANDING COMMITTEES

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 SB 477, 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.

RE-REFERRALS

President Pro Tem McKenna re-referred SB 549 to the Committee on Aging, Families and Mental Health.

Senator McKenna requested unanimous consent of the Senate to withdraw SB 712, which request was granted.

Senator Johnson requested unanimous consent of the Senate to send forward the following corrected committee report on SB 477, which request was granted.

REPORTS OF STANDING COMMITTEES



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 SB 477, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

Senator Schneider offered Senate Resolution No. 998, regarding the death of Joseph E. Ostermeyer, Florissant, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Russell introduced to the Senate, Dan and Joann True, Lebanon.

Senator Wiggins introduced to the Senate, Eben Fowler, and his daughters, Mary, Elizabeth and Sarah, home schoolers from Kansas City; and Mary, Elizabeth and Sarah were made honorary pages.

Senator Clay introduced to the Senate, Susie Cunningham-Shaw, St. Louis.

Senator Maxwell introduced to the Senate, Shannon Little and Brant Mettler, Shelbina; and Shannon and Brant were made honorary pages.

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