Journal of the Senate

SECOND REGULAR SESSION


FOURTEENTH DAY--THURSDAY, JANUARY 29, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Dear Lord, we give thanks not just for friends, but for the privilege of being a friend. We give thanks, not just for the jobs others do, but for the job we can do. We give thanks not just for the trust people have in us, but for the trust we can have in others. Jesus taught us to do unto others as we would have them do unto us. Help us to live by that principle. Amen.

The Pledge of Allegiance to the Flag was recited.

Senator Quick announced that photographers from the Senate Communications Office had been given permission to video in the Senate Chamber today.

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
The Lieutenant Governor was present.


RESOLUTIONS

Senator Howard offered Senate Resolution No. 1037, regarding Jacque S. and Wayne Burch, which was adopted.

Senator Howard offered Senate Resolution No. 1038, regarding James T. McCrate, Portageville, which was adopted.

Senator Howard offered Senate Resolution No. 1039, regarding Patty Moore, Portageville, which was adopted.

Senator Maxwell offered Senate Resolution No. 1040, regarding Command Sergeant Major Edson Tyree Griggs, which was adopted.

Senator Howard offered Senate Resolution No. 1041, regarding Myra Rone, Portageville, which was adopted.

Senator Howard offered Senate Resolution No. 1042, regarding Dr. David Boyd, Portageville, which was adopted.

Senator Mueller offered Senate Resolution No. 1043, regarding the Honorable Robert O. Snyder, Kirkwood, which was adopted.

Senator Schneider offered the following resolution:

NOTICE OF PROPOSED RULE CHANGE

One day's notice is hereby given in accordance with Rule 97 of the Rules of the Missouri Senate that: the Senator from the 14th district shall move the adoption of the following change to Rule 102 adopted by the Senate of the 89th General Assembly; to wit:

SENATE RESOLUTION NO.1044

BE IT RESOLVED that Rule 102 of the rules adopted by the Senate of the 89th General Assembly, Second Regular Session, be amended as follows:

"Rule 102. A member of the Senate may accept meals, food, beverage or other gifts from a legislative lobbyist or the lobbyist's principal as defined in section 105.470.1(3)(a), RSMo, if any single item accepted has a value of less than fifty dollars, and all items accepted by any member in any calendar year from a lobbyist or lobbyist principal, as defined in section 105.470.1(3)(a), do not exceed a value of one hundred dollars in the aggregate.

This rule shall not apply to:

(1) The participation of members in activities authorized in Section 105.470.4(2)(c), RSMo, or in caucuses approved by the Senate Ethics Committee, regardless of the aggregate value;

(2) The participation in seminars or meetings of national or regional associations when such participation and activities have been requested in writing and approved in advance by the Committee on Administration;

(3) The acceptance of meals, food or beverage or other gifts to be used for charitable purposes, as defined by law, and which are not consumed or used for the personal benefit of the member; or

(4) A member is within the second degree of consanguinity or affinity of the lobbyist with regard to any gift provided to the member by such lobbyist.

The provisions of this rule may be satisfied by reimbursing said lobbyist or lobbyist principal within thirty days of obtaining actual knowledge that reimbursement is necessary to meet the requirements of this rule.".

Senator Graves offered Senate Resolution No. 1045, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. J. P. McKenzie, Brookfield, which was adopted.

Senator Graves offered Senate Resolution No. 1046, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Francis Pauley, Newtown, which was adopted.

Senator Graves offered Senate Resolution No. 1047, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Cleon Renshaw, Brookfield, which was adopted.

Senator Graves offered Senate Resolution No. 1048, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Max "Jiggs" Lykins, which was adopted.

Senator Graves offered Senate Resolution No. 1049, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gene Wood, Laredo, which was adopted.

Senator Graves offered Senate Resolution No. 1050, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Buddy Partridge, which was adopted.

Senator Graves offered Senate Resolution No. 1051, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Slaten, Clearmont, which was adopted.

Senator Graves offered Senate Resolution No. 1052, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Leo Whitaker, Trenton, which was adopted.

Senator Graves offered Senate Resolution No. 1053, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. H. Dale Lowrey, Chillicothe, which was adopted.

Senator Graves offered Senate Resolution No. 1054, regarding the Fortieth Wedding Anniversary of Dr. and Mrs. Ed Farquhar, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 1055, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. George Wilson, Mound City, which was adopted.

Senator Graves offered Senate Resolution No. 1056, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Harley Lamb, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 1057, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bernie Hines, Milan, which was adopted.

Senator Graves offered Senate Resolution No. 1058, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Herbert Harris, Jamesport, which was adopted.

Senator Graves offered Senate Resolution No. 1059, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Dale Kelley, Graham, which was adopted.

Senator Graves offered Senate Resolution No. 1060, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bob Hitchcock, Skidmore, which was adopted.

Senator Graves offered Senate Resolution No. 1061, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Robert Swartz, Winston, which was adopted.

Senator Graves offered Senate Resolution No. 1062, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Robert Barmann, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 1063, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Hilen Jasper, Ravenwood, which was adopted.

Senator Graves offered Senate Resolution No. 1064, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. David Taylor, Brookfield, which was adopted.

Senator Graves offered Senate Resolution No. 1065, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Elmo Keller, Brookfield, which was adopted.

Senator Graves offered Senate Resolution No. 1066, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. George Kunkel, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 1067, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Noel Andler, which was adopted.

Senator Klarich offered Senate Resolution No. 1068, regarding the Sullivan Area Chamber of Commerce, which was adopted.

Senator Klarich offered Senate Resolution No. 1069, regarding George E. Bocklage, Washington, which was adopted.

Senator Schneider offered Senate Resolution No. 1070, regarding the Eighty-seventh Birthday of Elizabeth Catherine Stiens, Jennings, which was adopted.

Senator Schneider offered Senate Resolution No. 1071, regarding the One Hundred Second Birthday of Mary Barry, which was adopted.

Senator Schneider offered Senate Resolution No. 1072, regarding the One Hundred Fourth Birthday of Mildred C. Graham, Florissant, which was adopted.

CONCURRENT RESOLUTIONS

Senator Johnson moved that HCR 3 be taken up for adoption, which motion prevailed.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Johnson moved that HCR 3 be adopted.

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

INTRODUCTION OF BILLS

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

SB 845-By Scott and Banks.

An Act to repeal section 84.160, RSMo Supp. 1997, relating to the police force in certain cities, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

SB 846-By Scott.

An Act to repeal section 339.505, RSMo 1994, relating to real estate appraisers, and to enact in lieu thereof two new sections relating to the same subject.

SB 847-By Scott.

An Act to repeal sections 339.503, 339.511, 339.515, 339.517, 339.519, 339.523, 339.529, 339.530, 339.532 and 339.545, RSMo 1994, relating to real estate appraisers, and to enact in lieu thereof twelve new sections relating to the same subject.

SB 848-By Mueller.

An Act to repeal section 644.032, RSMo Supp. 1997, relating to local parks, and to enact in lieu thereof one new section relating to the same subject.

SB 849-By Caskey.

An Act to amend chapter 137, RSMo, by adding thereto eleven new sections relating to ad valorem taxation of freight line companies, with penalty provisions.



SB 850-By Kenney.

An Act to amend chapter 182, RSMo, by adding thereto one new section relating to public library access to pornography over the Internet.

Senator Jacob assumed the Chair.

REPORTS OF STANDING COMMITTEES

Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which were referred SB 472 and SB 601, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 475, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 589, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 518, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 473, 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 Senate Bill No. 473, Page 2, Section 84.510, Lines 24-27, by striking all of said lines and inserting in lieu thereof the following:

"[(5) Detectives at not less than twenty-five thousand twenty dollars, nor more than forty-eight thousand four hundred ninety-one dollars per annum each;

(6)] (5) Detectives and police officers at not less than [twenty-two thousand six hundred".

Senator Staples, Chairman of the Committee on Transportation, submitted the following report:

Mr. President: Your Committee on Transportation, to which was referred SB 619, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 619, Page 6, Section 142.800, Line 99, by striking "Materials ("A.S.T.M.")" and inserting in lieu thereof the following: "and Materials (ASTM)"; and

Further amend said bill and section, page 7, line 153, by inserting after "Fahrenheit and" the word "at"; and

Further amend said bill and section, page 8, line 164, by inserting after "inch" the word "absolute"; and

Further amend said bill, page 10, section 142.803, line 10, by striking "motor fuel" and inserting in lieu thereof the following: "gasoline"; and

Further amend said bill, page 14, section 142.815, line 75, by inserting immediately after "equipment" the following: ", or if the motor fuel was placed in a separate fuel tank and used only for the operation of auxiliary equipment"; and

Further amend said bill, page 17, section 142.821, line 37, by striking the word "each"; and

Further amend said bill, page 33, section 142.881, line 6, by inserting after "principal" the word: "obligor"; and further on said line by striking the word "obliged" and inserting in lieu thereof the word "obligee"; and

Further amend said bill, page 41, section 144.905, line 33, by inserting after all of said line the following:

"8. All civil penalties imposed under this chapter, with any interest, shall be deposited to the credit of the motor fuel tax fund created in section 142.345.".

SENATE COMMITTEE AMENDMENT NO. 2

Amend Senate Bill No. 619, Page 1, In the Title, Line 12, by striking "fifty-nine" and inserting in lieu thereof the following: "sixty-one"; and

Further amend said bill, page 2, section A, line 11, by striking "fifty-nine" and inserting in lieu thereof the following: "sixty-one"; and further on line 18 by striking "and 414.102" and inserting in lieu thereof the following: ", 414.102, 1 and 2"; and

Further amend said bill, page 52, section 155.080, line 26, by inserting immediately after said line the following:

"Section 1. 1. All increases in motor fuel tax revenues derived from the revised collection procedures in chapter 142, RSMo, which are put in place as of January 1, 1999, shall be placed in the highway infrastructure bank fund created in section 2 of this act.

2. The increase in motor fuel tax revenues shall be presumed to be twenty million dollars per year unless shown to be otherwise by competent and substantial evidence obtained by the office of administration.

Section 2. 1. For the purpose of assisting in the planning, acquisition, development and construction of highways in this state, there is hereby created in the state treasury a fund known as the "Highway Infrastructure Bank Fund". The fund shall receive all moneys designated under section 1 of this act, any other state moneys appropriated, any federal moneys designated and any other contributions, grants or bequests from private or other sources.

2. The highway infrastructure bank fund shall be administered by the state highways and transportation commission. The commission shall have the authority to do the following:

(1) Loan moneys in the fund to any political subdivision of the state or to any public or private nonprofit organization or entity for the planning, acquisition, development and construction of highways;

(2) Establish the procedures, conditions and repayment terms applicable by rule or regulation filed as required under chapter 536, RSMO; and

(3) Assess an application fee or other charges and interest.

3. Loaned funds and the accrued interest, if any, which are repaid to the commission shall be deposited in the state treasury to the credit of the highway infrastructure bank fund. The provisions of section 33.080, RSMo, shall not apply to the fund. All interest earned on the balance in the highway infrastructure bank fund shall be deposited in the same fund.

4. Separate accounts shall be established in the highway infrastructure fund to receive federal infrastructure bank moneys and to receive moneys under section 1 of this act. The moneys received into the fund pursuant to section 1 of this act may be used for any state highway project designated by the commission.".

Senator Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SCS for SB 501 and SCS for SB 477, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 499, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Maxwell, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 525, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Guber-natorial 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:

T. Christopher Graham, as the Administrative Law Judge for the Division of Motor Carrier and Railroad Safety;

Also,

Kristine M. Moranville, George S. Reuter, Jr., Cynthia R. Ballentine and Judy M. Phillips as members and Karen M. Hamlet, as public member of the Missouri Board of Occupational Therapy;

Also,

Bobby J. Blue and Jerome E. Glick, as members of the Unmarked Human Burial Consultation Committee;

Also,

Randa Rawlins, as a member of the Truman State University Board of Governors;

Also,

Sara Welch, as Student Representative of the University of Missouri Board of Curators;

Also,

Susan DiTirro, as a member of the State Committee for Social Workers;

Also,

Harvey A. Harris, as a member of the Bi-State Development Agency;

Also,

Glenn E. Good, as a member of the State Committee of Psychologists;

Also,

Alisa J. Warren, as a member of the Personnel Advisory Board;

Also,

Letitia Thomas and Jana L. Finch, as members of the Missouri Planning Council for Developmental Disabilities;

Also,

Lisa Guillory-Parsons, as a member of the Board of Examiners for Hearing Instrument Specialists;

Also,

V. Dean Brethower, as a member of the State Board of Examiners for Hearing Instrument Specialists;

Also,

Susan B. Musgrave, as a member of the Mississippi River Parkway Commission;

Also,

Logan E. Whitaker, as a member of the Community Service Commission;

Also,

Charles D. Banks, as a member of the State Environmental Improvement and Energy Resources Authority;

Also,

Thomas J. Garnett, as a member of the Missouri Real Estate Appraisers Commission;

Also,

William F. Ross, III, as a member of the Missouri State Committee of Interpreters;

Also,

Lynn A. Harmon, as a member of the Missouri State Employees Voluntary Life Insurance Commission;

Also,

Harold D. Cleberg, as a member of the Missouri Family Trust Board of Trustees;

Also,

Frances I. Brothers, as a member of the Missouri Training and Employment Council;

Also,

John W. Greer, as the public member of the Missouri Higher Education Loan Authority;

Also,

Glen D. Wilson, as a member of the Missouri Southern State College Board of Regents;

Also,

John B. Heskett, Jr., as a member of the Missouri Head Injury Advisory Council.

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.

BILL REFERRALS

President Pro Tem McKenna referred SCS for SB 501 to the Committee on State Budget Control.

INTRODUCTION OF BILLS

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

SB 851-By Schneider.

An Act to repeal section 311.554, RSMo 1994, relating to taxation of certain Missouri products, and to enact in lieu thereof six new sections relating to the same subject.

SECOND READING OF SENATE BILLS

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

SB 810--Agriculture, Conservation, Parks and Tourism.

SB 811--Appropriations.

SB 812--Education.

SB 813--Local Government and Economic Development.

SB 814--Labor and Industrial Relations.

SB 815--Corrections and General Laws.

SB 816--Ways and Means.

SB 817--Ways and Means.

SB 818--Ways and Means.

SB 819--Civil and Criminal Jurisprudence.

SB 820--Local Government and Economic Development.

SB 822--Commerce and Environment.

SB 823--Commerce and Environment.

SB 824--Ways and Means.

SB 825--Corrections and General Laws.

SB 826--Public Health and Welfare.

SB 827--Local Government and Economic Development.

SB 828--Local Government and Economic Development.

SB 829--Local Government and Economic Development.

SB 830--Local Government and Economic Development.

SB 831--Local Government and Economic Development.

SB 832--Agriculture, Conservation, Parks and Tourism.

SB 834--Judiciary.

SB 835--Commerce and Environment.

SB 836--Civil and Criminal Jurisprudence.

INTRODUCTIONS OF GUESTS

Senator Singleton introduced to the Senate, Rick Wimpey and Josh Conness, Goodman; and Josh was made an honorary page.

On behalf of Senator Jacob, the President introduced to the Senate, 50 fifth grade students from Grant Elementary, Columbia; and Brenna Cox, Lily Dawson, Sarah Magee, Joe Whitener and Adam Shaw were made honorary pages.

Senator Graves introduced to the Senate, the Physician of the Day, Dr. James D. Humphrey, M.D., Mound City.



Senator Jacob introduced to the Senate, Richard Gowdy, Ashland; and Richard was made an honorary page.

On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, February 2, 1998.