Journal of the Senate

SECOND REGULAR SESSION


EIGHTEENTH DAY--THURSDAY, FEBRUARY 5, 1998


The Senate met pursuant to adjournment.

Senator Staples in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, help us to forget about ourselves; but to never forget about others. Help us to be ministers and not to expect others to minister to us. Jesus taught that the greatest among us would be the servant. We are thankful for the privilege of being servants of the people and to look after their best interests. Use us to make the lives of others better as we do our work. Amen.

The Pledge of Allegiance to the Flag was recited.

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

President Wilson assumed the Chair.

Senator Staples 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
McKenna Mueller Quick Rohrbach
Russell Schneider Sims Staples
Westfall Wiggins Yeckel--31
Absent with leave--Senators
Maxwell Scott Singleton--3
The Lieutenant Governor was present.


RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 1153, regarding National TRIO Day, which was adopted.

On behalf of Senator Singleton, Senator Quick offered Senate Resolution No. 1154, regarding Marjorie S. Bull, Jasper County, which was adopted.

INTRODUCTION OF BILLS

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

SB 870-By Howard.

An Act to repeal section 630.170, RSMo Supp. 1997, relating to employment under the department of mental health, and to enact in lieu thereof one new section relating to the same subject.

SB 871-By Howard and Jacob.

An Act to repeal section 660.250, RSMo 1994, relating to protection of the elderly, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

SB 872-By Clay.

An Act to repeal section 86.317, RSMo 1994, relating to certain police retirement and pension systems, and to enact in lieu thereof two new sections relating to the same subject.

SB 873-By Kenney.

An Act to repeal section 143.171, RSMo 1994, relating to deductibility of federal income taxes, and to enact in lieu thereof one new section relating to the same subject.

SB 874-By Jacob.

An Act to repeal section 337.020, RSMo Supp. 1997, relating to the licensing of psychologists, and to enact in lieu thereof one new section relating to the same subject.

SB 875-By Childers.

An Act to repeal section 386.050, RSMo 1994, and section 386.110, RSMo Supp. 1997, relating to the public service commission, and to enact in lieu thereof two new sections relating to the same subject.

SB 876-By Curls.

An Act to amend chapter 67, RSMo, by adding one new section relating to powers of political subdivisions.

SB 877-By Curls.

An Act to repeal sections 141.530 and 141.550, RSMo 1994, relating to delinquent real estate taxes, and to enact in lieu thereof two new sections relating to the same subject.

SB 878-By Curls.

An Act to repeal section 99.845, RSMo 1994, relating to financing of low income housing, and to enact in lieu thereof one new section relating to the same subject.

SB 879-By Curls.

An Act to repeal section 571.030, RSMo Supp. 1997, relating to firearms regulation, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

SB 880-By Curls.

An Act to repeal section 447.624, RSMo 1994, relating to abandoned property proceedings, and to enact one new section relating to the same subject.

SB 881-By Kinder.

An Act to repeal section 29.230, RSMo 1994, relating to the state auditor, and to enact in lieu thereof two new sections relating to the same subject.

SB 882-By Kinder.

An Act to amend chapter 376, RSMo, by adding thereto five new sections relating to children's health insurance.

SB 883-By Staples, Quick, Ehlmann, McKenna and Wiggins.

An Act to repeal section 226.040, RSMo Supp. 1997, relating to transportation, and to enact in lieu thereof two new sections relating to the same subject.

SB 884-By Rohrbach.

An Act to repeal section 175.020, RSMo 1994, relating to the student curator to the board of curators of Lincoln University, and to enact in lieu thereof one new section relating to the same subject.

SB 885-By DePasco, McKenna, Lybyer, Maxwell, Mathewson and Rohrbach.

An Act to repeal section 302.020, RSMo Supp. 1997, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 886-By DePasco.

An Act to repeal section 565.024, RSMo 1994, relating to involuntary manslaughter, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 887-By Schneider.

An Act to repeal sections 135.030 and 143.161, RSMo 1994, and section 135.010, RSMo Supp. 1997, relating to income taxation, and to enact in lieu thereof three new sections relating to the same subject.

SENATE BILLS FOR PERFECTION

Senator Banks moved that SB 475, with SCS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 2 was again taken up.

Senator Wiggins assumed the Chair.

Senator Howard offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for Senate Bill No. 475, Page 2, Section 2, Line 20 to amend the amendment by striking the words "Division of Family Services" and insert in lieu thereof the following: "The Department of Health"; and

Further amend the amendment on line 21, after the period by inserting the following: "The Department shall also notify the sheriff in the county of residence and further notify the school district in which the residential facility is located.".

Senator Howard moved that the above amendment be adopted.

Senator Banks raised the point of order that SA 1 to SA 2 is out of order in that the amendment is not germane to the subject matter of the bill.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

SA 1 to SA 2 was again taken up.

At the request of Senator Howard, the above amendment was withdrawn.

Senator Howard offered SA 2 to SA 2, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for Senate Bill No. 475, Page 2, Section 2, Line 20, by deleting the words "Division of Family Services" and insert in lieu thereof the following: "The Department of Education"; and

Further amend the amendment, by inserting after the period on line 21, the following: "The department shall also notify the sheriff of the county where the facility is located as well as the local school where the facility is located.".

Senator Howard moved that the above amendment be adopted.

At the request of Senator Howard, SA 2 to SA 2 was withdrawn.

At the request of Senator Mathewson, SA 2 was withdrawn.

Senator Johnson assumed the Chair.

Senator Kenney offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 475, Page 14, Section 210.319, Line 16, by inserting immediately after all of said line the following:

"210.516.  1.  It shall be unlawful for any person to establish, maintain, or operate a foster home, residential care facility, or child placing agency, or to advertise or hold himself or herself out as being able to perform any of the services as defined in sections 210.481 to 210.536, without having in full force and effect a license issued by the division; provided, however, that nothing in sections 210.481 to 210.536 shall apply to:

(1)  Any residential care facility operated by a person in which the care provided is in conjunction with an educational program for which a tuition is charged and completion of the program results in meeting requirements for a diploma recognized by the state department of elementary and secondary education;

(2)  Any camp, hospital, sanitarium, or home which is conducted in good faith primarily to provide recreation, medical treatment, or nursing or convalescent care for children;

(3)  Any person who receives free of charge, and not as a business, for periods of time not exceeding ninety consecutive days, the child of personal friends of such person as an occasional and personal guest, and who receives custody of no other unrelated child;

(4)  Any child placing agency operated by the department of mental health or any foster home or residential care facility operated or licensed by the department of mental health [under] pursuant to sections 630.705 to 630.760, RSMo, which provides care, treatment, and habilitation exclusively to children who have a primary diagnosis of mental disorder, mental illness, mental retardation or developmental disability, as defined in section 630.005, RSMo;

(5)  Any foster home arrangement established and operated by any [well-known] religious order or church and any residential care facility or child placement agency operated by such organization; or

(6)  Any institution or agency maintained or operated by the state, city or county.

2.  The division shall not require any foster home, residential care facility, or child placing agency which believes itself exempt from licensure as provided in subsection 1 of this section to submit any documentation in support of the claimed exemption; however [said] such foster home, residential care facility, or child placing agency is not precluded from furnishing such documentation if it chooses to do so."; and

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above amendment be adopted, which motion failed.

At the request of Senator Banks, SB 475, with SCS, as amended (pending), was placed on the Informal Calendar.

Senator Mathewson assumed the Chair.

Having voted on the prevailing side, Senator Flotron moved that the vote by which HCR 3 was adopted be reconsidered.

Senator Schneider rose to be recognized to speak on the motion made by Senator Flotron.

Senator Howard raised the point of order that the question of reconsideration shall immediately be put and that any debate would be out of order.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

Senator Jacob assumed the Chair.

The reconsideration motion made by Senator Flotron failed of adoption by the following vote:

YEAS--Senators
Clay Curls DePasco Ehlmann
Flotron Schneider Sims Wiggins--8
NAYS--Senators
Bentley Caskey Childers Graves
House Howard Jacob Johnson
Kenney Kinder Lybyer Mathewson
McKenna Quick Rohrbach Russell
Staples Westfall Yeckel--19
Absent--Senators
Banks Goode Klarich Mueller--4
Absent with leave--Senators
Maxwell Scott Singleton--3

Senator Wiggins assumed the Chair.

REPORTS OF STANDING COMMITTEES

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, after examination of SB 556, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 615, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following reports:

Mr. President: Your Committee on Appropriations, to which was referred SJR 21, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred SB 724, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Curls, Chairman of the Committee on Insurance and Housing, submitted the following report:

Mr. President: Your Committee on Insurance and Housing, to which was referred SB 629, 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. 629, Page 13, Section 67.1639, Lines 7-8, by striking all of said lines and inserting in lieu thereof the following: "all real property within the area of the program. The"; and

Further amend said bill, page and section, lines 11-12, by striking all of said lines and inserting in lieu thereof the following: "of the equalized assessed valuation of all real property in the area of the program, or the".

SENATE COMMITTEE AMENDMENT NO. 2

Amend Senate Bill No. 629, Page 4, Section 67.1603, Line 42, by inserting after the word "question" the following: ", in a municipality with three hundred thousand or more inhabitants,"; and

Further amend said bill and section, page 5, line 51, by inserting after "program." the following: "In a municipality with more than five hundred and less than three hundred thousand inhabitants, the governing body of the municipality may serve as the governing body of the home equity program or, in the alternative, the governing body may appoint a five-member governing commission to administer the home equity program. The mayor of any municipality whose governing body serves as the governing body of the home equity program may appoint a five-member advisory board to make recommendations to the governing body of the municipality in relation to the home equity program. Board members shall serve without compensation except for reasonable expenses incurred in the performance of duties as a board member.".

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 reappointment, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

William D. Yates, as a member of the State Board of Registration for the Healing Arts;

Also,

Lynn M. Catrett, as a member of the Advisory Commission for Registered Physician Assistants;

Also,

Dan L. West, as a member of the Missouri Health Facilities Review Committee;

Also,

William J. Hurley, as a member of the Missouri Western State College Board of Regents;

Also,

John W. Briscoe, as a member of the Truman State University Board of Governors;

Also,

Gerald W. Abbott, as a member of the Lincoln University Board of Curators;

Also,

Joyce F. Marshall, Ronald W. Vessell and Shera R. Kafka, as members of the Missouri Head Injury Advisory Council;

Also,

Patti J. Wright and Eddie F. Brown, as members of the Unmarked Human Burial Consultation Committee;

Also,

Terrence G. Klamet, as a member of the State Board of Podiatric Medicine;

Also,

Dale D. Turvey, as a member of the Missouri State Employees Voluntary Life Insurance Commission;

Also,

Amy S. Staples, as a member of the State Board of Cosmetology;

Also,

Joyce A. Blades, as a member of the Public Defender Commission;

Also,

Paul R. Munger, as Chairman of the Missouri State Board of Architects, Professional Engineers and Land Surveyors.

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 reappointment, which motion prevailed.

Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 657, begs leave to report that it has considerred the same and recommends that the bill do pass.

CONCURRENT RESOLUTIONS

Senator Kinder offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 33

WHEREAS, the proposed settlement was negotiated between the states attorneys general and the tobacco industry; and

WHEREAS, the proposed settlement was achieved on or about June 20, 1997; and

WHEREAS, over the next twenty-five years, total industry payment to the states will exceed $368 billion, with an initial payment to the states of $10 billion, upon Congress' approval of the settlement; and

WHEREAS, Missouri would receive over $36 million in the first settlement payment; and

WHEREAS, until a resolution with the industry is achieved, states will be forced to proceed with costly litigation; and

WHEREAS, the absence of an agreement hampers state legislatures' ability to effectively regulate areas that remain within the states' control; and

WHEREAS, the proposed agreement requires those states that wish to receive money from the settlement to enact specific detailed legislation; and

WHEREAS, many states will not be able to act on the settlement until at least 1999 if the settlement is not quickly approved; and

NOW THEREFORE BE IT RESOLVED that the members of the Senate, Eighty-ninth General Assembly, the House of Representatives concurring therein, urge Congress to expeditiously approve the settlement with the tobacco industry; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the members of Missouri's Congressional delegation.

SECOND READING OF SENATE BILLS

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

SB 837--Appropriations.

SB 838--Transportation.

SB 839--Labor and Industrial Relations.

SB 840--Appropriations.

SB 841--Elections, Pensions and Veterans' Affairs.

SB 842--Civil and Criminal Jurisprudence.

SB 843--Education.

SB844--Financial and Governmental Organization.

SB 845--Corrections and General Laws.

SB 846--Corrections and General Laws.

SB 847--Corrections and General Laws.

SB 848--Local Government and Economic Development.

SB 849--Ways and Means.

SB 850--Civil and Criminal Jurisprudence.

SB 851--Corrections and General Laws.

SB852--Financial and Governmental Organization.

SB 853--Civil and Criminal Jurisprudence.

SB 854--Aging, Families and Mental Health.

SB 855--Aging, Families and Mental Health.

SB 856--Local Government and Economic Development.

SB 857--Ways and Means.

SB 859--Education.

SB 860--Commerce and Environment.

SB 861--Ways and Means.

SB 862--Education.

SJR 30--Judiciary.

SJR 31--Corrections and General Laws.

RESOLUTIONS

Senator Bentley offered Senate Resolution No. 1155, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Grover A. Gamm, LaGrange, which was adopted.



INTRODUCTIONS OF GUESTS

Senator Wiggins introduced to the Senate, Rob and Mary Evans, Kansas City.

Senator Caskey introduced to the Senate, the Physician of the Day, Dr. Arthur Freeland, Warrensburg.

Senator Lybyer introduced to the Senate, Paul Varghese, India.

On behalf of Senator Kinder and himself, Senator Howard introduced to the Senate, Wayne and Jacque Burch, Sikeston.

Senator Kenney introduced to the Senate, his wife, Sandra, and their children, Carlton and Elizabeth, Lee's Summit; and Elizabeth was made an honorary page.

On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, February 9, 1998.