Journal of the Senate

SECOND REGULAR SESSION


SIXTEENTH DAY--TUESDAY, FEBRUARY 3, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Dear Lord, help us to be more than advisors. Help us as James wrote in the Bible, to be "doers of the Word and not hearers only." Make us to be workers and not just directors, doers and not just ones who tell others what to do, ones who carry out ideas and not just present them. Lord, use us in Your work as examples of how things ought to be done. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

Senator Johnson announced that photographers from the Missouri-Illinois Bowling News and the Associated Press had been given permission to take pictures in the Senate Chamber today.

A quorum being established, the Senate proceeded with its business.

President Wilson assumed the Chair.

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 Schneider moved that SR 1044 be taken up for adoption, which motion prevailed.

Senator McKenna offered SA 1:

SENATE AMENDMENT NO.1

Amend Senate Resolution No. 1044, Page 119 of the Senate Journal for Thursday, January 29, 1998, Column 1, Line 2 of said column, by striking "105.470.1(3)(a)" and inserting in lieu thereof the following: "105.470(4)(a)"; and further amend line 5 of said column, by striking "105.470.1(3)(a)" and inserting in lieu thereof the following: "105.470(4)(a)"; and further amend line 9 of said column, by striking "105.470.4(2)(c)" and inserting in lieu thereof the following: "105.473.3(2)(c)".

Senator McKenna moved that the above amendment be adopted, which motion prevailed.

On motion of Senator Schneider, SR 1044, as amended, was adopted by the following vote:

YEAS--Senators
Caskey Clay Curls DePasco
Ehlmann Flotron Goode House
Howard Jacob Johnson Lybyer
Mathewson Maxwell McKenna Mueller
Quick Schneider Scott Sims
Wiggins Yeckel--22
NAYS--Senators
Bentley Childers Graves Kenney
Kinder Klarich Rohrbach Russell
Singleton Staples Westfall--11
Absent--Senator Banks--1
Absent with leave--Senators--None

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Education, to which was referred SB 780, begs leave to report that it has considered the same and recommends that the bill do pass.

INTRODUCTION OF BILLS

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

SB 861-By Johnson.

An Act to repeal section 238.240, RSMo Supp. 1997, relating to transportation development districts, and to enact in lieu thereof two new sections relating to the same subject.

SB 862-By House.

An Act to amend chapter 166, RSMo, by adding thereto eleven new sections relating to higher education savings programs.

CONCURRENT RESOLUTIONS

Senator Ehlmann offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 32

An act by concurrent resolution and pursuant to Article IV, Section 8, to repeal 5 CSR 30-4.040 relating to requirements for reporting of test scores to the Department of Secondary and Elementary Education.

WHEREAS, section 536.037, RSMo, established the Joint Committee on Administrative Rules to review all rules promulgated by any state agency after January 1, 1976; and

WHEREAS, the Joint Committee on Administrative Rules determined a hearing to be necessary on 5 CSR 30-4.040, Annual Public Reporting of Information by School Districts, as promulgated by the Department of Elementary and Secondary Education; and

WHEREAS, the Joint Committee on Administrative Rules determined that 5 CSR 30-4.040 requires school districts to report disaggregated achievement data for any racial or ethnicity group within a district that contains more than thirty students and which exceeds five percent of a building's enrollment; and

WHEREAS, section 160.522, RSMo, authorizes the Department of Elementary and Secondary Education to develop reporting models that may be used by districts, but does not authorize the department to require the reporting of achievement data that is disaggregated based upon race or ethnicity; and

WHEREAS, section 161.092, RSMo, grants authority to the Department of Elementary and Secondary Education to promulgate rules for the guidance of the department, but does not direct the collection of achievement data based upon race or ethnicity; and

WHEREAS, the Joint Committee on Administrative Rules has determined that 5 CSR 30-4.040(4) is without statutory authority in that it requires districts to report achievement data in this manner; and

WHEREAS, the Joint Committee on Administrative Rules has recommended that the General Assembly ratify its decision that 5 CSR 30-4.040(4) is without statutory authority:

NOW, THEREFORE, BE IT RESOLVED by a majority of the elected members of the Senate and a majority of the elected members of the House of Representatives concurring therein, that 5 CSR 30-4.040(4) be immediately revoked and, upon the Governor's approval of this resolution, the Secretary of State shall, as soon as practicable, publish in the Missouri Register a notice stating that 5 CSR 30-4.040(4) has been revoked; and

BE IT FURTHER RESOLVED that a copy of the foregoing be submitted to the Secretary of State so that the Secretary of State may publish in the Missouri Register, as soon as practicable, notice of the revocation upon this resolution having been signed by the Governor or having been approved by two-thirds of each house of the Eighty-ninth General Assembly, Second Regular Session, after veto by the Governor as provided in Article III, Sections 31 and 32, and Article IV, Section 8 of the Missouri Constitution.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Patty Parker, Chesterfield.

Senator Mathewson introduced to the Senate, Kenny French, Sedalia.

Senator Klarich introduced to the Senate, Regis Hillow, Chesterfield.

Senator Kenney introduced to the Senate, Jessie and Eli D. Harvey, Jr., and their children, Summer, Allyn and Jacob, and Samantha Alexander, Independence; and Jacob and Samantha were made honorary pages.

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