Journal of the Senate

SECOND REGULAR SESSION


TENTH DAY--THURSDAY, JANUARY 22, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, deliver us from those who would use catchy phrases, witty expressions and clever comments instead of worthy deeds, decisive actions and helpful projects to serve the people. We pray for those in this chamber who back up what they say with what they do, who practice what they preach and whose word is their bond. Help us all to live up to the best that is in us. 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 Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Staples Westfall Wiggins Yeckel--32
Absent with leave--Senators
DePasco Scott--2

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1008, regarding John Simon Roach, Independence, which was adopted.

Senator Mueller offered Senate Resolution No. 1009, regarding Carol Ann Miller, Kirkwood, which was adopted.

Senator Mueller offered Senate Resolution No. 1010, regarding Gary Giessow, Kirkwood, which was adopted.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and 1,000 copies ordered printed:

SB 809-By Klarich.

An Act to amend chapter 71, RSMo, by adding thereto one new section relating to certain real property.

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 HCR 3, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

On behalf of Senator House, Chairman of the Committee on Education, Senator Quick submitted the following report:

Mr. President: Your Committee on Education, to which was referred SB 501, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Quick submitted the following report:

Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 615, begs leave to report that it has considered the same and recommends that the bill do pass.

CONCURRENT RESOLUTIONS

Senator Johnson requested unanimous consent of the Senate to suspend the rules and take HCR 3 up for adoption, which request was granted.

HCR 3 was taken up.

Senator Johnson moved that HCR 3 be adopted.

Senator Mathewson assumed the Chair.

Senator Staples assumed the Chair.

Senator Schneider offered a substitute motion that HCR 3 be referred to the Committee of the Whole and action be delayed to the week of February 2, 1998, or such later date as the floor leader determines.

Senator Mathewson requested a roll call vote be taken on the substitute motion made by Senator Schneider, and was joined in his request by Senators Childers, Johnson, Kinder and Westfall.

At the request of Senator Schneider, the substitute motion was withdrawn.

At the request of Senator Johnson, the motion to adopt HCR 3 was withdrawn.

INTRODUCTION OF BILLS

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

SB 810-By Scott.

An Act to repeal sections 273.325, 273.327, 273.329, 273.331, 273.333, 273.335, 273.338, 273.340, 273.342, 273.344, 273.346, 273.348, 273.350, 273.354 and 273.357, RSMo 1994, and section 273.352, RSMo Supp. 1997, relating to animal and avian welfare, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions.

SB 811-By Flotron and Lybyer.

An Act to repeal sections 166.200, 166.201, 166.203, 166.207, 166.215, 166.218, 166.220, 166.225, 166.228, 166.231, 166.233, 166.237 and 166.242, RSMo 1994, and section 166.205, RSMo Supp. 1997, relating to higher education financing, and to enact in lieu thereof thirteen new sections relating to the same subject.

SB 812-By Flotron.

An Act to repeal section 160.518, RSMo 1994, relating to the waiver of regulation of certain school districts, and to enact in lieu thereof one new section relating to the same subject.

SB 813-By Flotron.

An Act to repeal sections 305.230 and 305.300, RSMo 1994, section 144.805, RSMo Supp. 1997, and section 17 as enacted by conference committee substitute for house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly, relating to aviation, and to enact in lieu thereof three new sections relating to the same subject.

SB 814-By Kinder.

An Act to amend chapter 130, RSMo, by adding thereto one new section relating to the use of labor organization dues, with penalty provisions.

SB 815-By Wiggins.

An Act to repeal sections 313.005, 313.025, 313.030, 313.035, 313.045, 313.050, 313.052, 313.070, 313.075 and 313.080, RSMo 1994, and sections 313.010, 313.015, 313.020, 313.040, 313.055, 313.057 and 313.065, RSMo Supp. 1997, relating to bingo, and to enact in lieu thereof twenty new sections relating to the same subject, with penalty provisions.

SB 816-By Goode.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to personal property taxation.

SB 817-By Goode.

An Act to repeal section 137.115, RSMo 1994, relating to personal property taxation, and to enact in lieu thereof one new section relating to the same subject.

SB 818-By Goode and Childers.

An Act to repeal sections 447.503, 447.505, 447.510, 447.530, 447.533, 447.539, 447.543, 447.558, 447.559, 447.560, 447.565, 447.571, 447.572 and 447.577, RSMo 1994, relating to the disposition of unclaimed property, and to enact in lieu thereof fourteen new sections relating to the same subject.

SB 819-By Caskey.

An Act to repeal section 56.067, RSMo 1994, and sections 50.333, 56.066 and 56.265, RSMo Supp. 1997, relating to county prosecuting attorneys, and to enact in lieu thereof four new sections relating to the same subject, with an effective date.

SB 820-By Ehlmann.

An Act to repeal section 67.1000, as enacted by conference committee substitute for senate committee substitute for house committee substitute for house bill no. 3 of the second extraordinary session of the eighty-ninth general assembly, relating to local tourism taxes of municipalities and other political subdivisions, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

SB 821-By Schneider.

An Act to repeal section 135.030, RSMo 1994, and section 135.010, RSMo Supp. 1997, relating to circuit breaker tax relief, and to enact in lieu thereof two new sections relating to the same subject.

SJR 29-By Goode.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 6 of article X of the constitution of Missouri relating to property exempt from taxation, and adopting one new section in lieu thereof relating to the same subject.

REPORTS OF STANDING COMMITTEES

Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Vetta Sanders Thompson, as a member of the State Committee of Psychologists;

Also,

William C. Wilson, as a member of the Committee for Professional Counselors;

Also,

Cleatus S. Stanfill, Franklin D. Nickel and George E. Walley, Jr., as members of the Mississippi River Parkway Commission;

Also;

Elizabeth K. Grove, as a member of the Safe Drinking Water Commission;

Also,

Max T. Aldrich, as a member of the State Board of Optometry;

Also,

Kimberly J. McEnulty, Loretto A. Durham, Lori L. Knabe, Debbie M. Ulinski and Sandy S. Drummond, as members of the Missouri State Committee of Interpreters;

Also,

Betty L. Kramer, as a member of the State Committee of Interpreters;

Also,

E. Joanne Mermelstein, Paul A. Sundet and Jinny Gender, as members of the State Committee for Social Workers;

Also,

Lori Renee Darr, as a member of the Organ Donation Advisory Committee;

Also,

Susie Cunningham-Shaw and Christina J. Fritsch, as members of the State Board of Embalmers and Funeral Directors;

Also,

Alverne B. Fiddmont-Hood, as a member of the Advisory Commission for Professional Physical Therapists;

Also,

Margretta Forrester, as a member of the Community Service Commission;

Also,

Eldon D. Harris, as a member of the Missouri Agriculture and Small Business Development Authority;

Also,

Robert T. Jackson, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund;

Also,

Mamie H. Rodgers, as a member of the Unmarked Human Burial Consultation Committee;

Also,

Ollie W. Gates, as a member of the State Highway and Transportation Commission;

Also,

Donna L. Urban and Mary Hass Sheid, as members of the Advisory Commission for Professional Physical Therapists.



Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

REFERRALS

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

SCR 31--Rules, Joint Rules and Resolutions.

RESOLUTIONS

Senator Schneider offered Senate Resolution No. 1011, regarding Dr. Irving Pressley McPhail, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Mack Ellington, Chesterfield; and John Herron, St. Peters.

On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, January 26, 1998.