Journal of the Senate

SECOND REGULAR SESSION


NINETEENTH DAY--MONDAY, FEBRUARY 9, 1998


The Senate met pursuant to adjournment.

Senator Johnson in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, in Japan young people from all over the world are seeking to be the best. We pray that this friendly kind of activity might spill over into other areas of life in our world. We may not be the fastest skater or the best player, but we can be the best our talent and opportunity allows. We pray for the inspiration to do our best, not for worldly acclaim or recognition, but for the joy of knowing that we have done our best and can make a difference in our world. Amen.

The Pledge of Allegiance to the Flag was recited.

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

President Pro Tem McKenna assumed the Chair.

The Journal for Thursday, February 5, 1998, 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 Yeckel offered Senate Resolution No. 1156, regarding Tom O'Hare, St. Louis, which was adopted.

Senator DePasco offered Senate Resolution No. 1157, regarding the death of Police Officer Thomas R. Meyers, Kansas City, which was adopted.

Senator Wiggins, joined by the entire membership, offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1158

WHEREAS, the Honorable Jack E. Gant of Kansas City, Missouri, will retire on February 27, 1998, from Division 5 of the 16th Judicial Circuit in Jackson County after a long and illustrious twenty-one-year career on the bench; and

WHEREAS, Judge Gant has distinguished himself through leadership as Presiding Judge (1991-1992), as Juvenile Judge (1982-1983), as chair of the Circuit Court's Budget and Audit Committee, and as a member of the Missouri Supreme Court's Critical Issues Committee; and

WHEREAS, Judge Gant was appointed Circuit Judge on December 17, 1976, by Governor Christopher S. Bond, prior to which time he served ten years as a state senator in the Missouri General Assembly; and

WHEREAS, Judge Gant served his country with honor and loyalty in the United States Marine Corps from 1946 to 1948; received his law degree from the University of Missouri-Kansas City in 1954; worked as a part-time prosecutor from 1956 to 1960 and as an attorney in private practice from 1955 to 1976; and was a partner in the law firm of Gant, Jolley, Moran, Walsh, Hager, and Gordon; and

WHEREAS, a devout member of the Buckner United Methodist Church, Judge Gant has distinguished himself through active membership in many outstanding clubs and organizations, some of which include the Kansas City Metropolitan, the Eastern Jackson County, and The Missouri Bar associations; the executive council of the Missouri Trial Judges Association; the University of Missouri-Kansas City Law Alumni Association and Athletic Foundation; the Missouri Division of Youth Services Advisory Commission; Phi Alpha Delta; and the American Legion; and

WHEREAS, Judge Gant has earned much well-deserved recognition as the recipient of the Lifetime Achievement Award from both the University of Missouri-Kansas City Law Alumni and the Independence Neighborhood Councils, The Annual President's Award from the Kansas City Metropolitan Bar Association, and the Law Enforcement Commendation Medal from the Sons of the American Revolution; and

WHEREAS, Judge Gant has received the love and support of his wonderful family, which includes his devoted wife of forty-seven years, Beverly Jean; his five children, Terry, John, Marcy, Larry, and Tim; and their seven grandchildren:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join in expressing our sincere appreciation and deep gratitude to Judge Jack E. Gant for his many years of unparalleled service as a public servant and as a private citizen, and in wishing him the long, happy, and fulfilling retirement he so richly deserves; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Judge Jack E. Gant, as a measure of our esteem for him.



Senator Rohrbach offered Senate Resolution No. 1159, regarding the One Hundredth Birthday of A. R. "Raymund" Scholten, Jefferson City, which was adopted.

REFERRALS

President Pro Tem McKenna referred SCR 33 to the Committee on Rules, Joint Rules and Resolutions.

President Pro Tem McKenna referred SB 588 and SB 488 to the Committee on State Budget Control.

INTRODUCTION OF BILLS

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

SB 888-By Wiggins.

An Act to repeal section 144.014, RSMo Supp. 1997, relating to the sales tax rate on certain items, and to enact in lieu thereof one new section relating to the same subject.

SB 889-By Kenney.

An Act to repeal sections 302.302, 302.505, 302.510, 302.520, 302.541, 577.012 and 577.037, RSMo Supp. 1997, relating to alcohol-related traffic offenses, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

SB 890-By Mathewson.

An Act to amend chapter 315, RSMo, by adding five new sections relating to the rights and obligations of innkeepers and guests.

SB 891-By Kinder.

An Act to repeal section 590.121, RSMo 1994, relating to training of dogs used by peace officers, and to enact in lieu thereof one new section relating to the same subject.

SB 892-By Singleton.

An Act to repeal sections 590.110, 590.130, 590.150 and 590.180, RSMo 1994, and sections 590.105 and 590.135, RSMo Supp. 1997, relating to public safety, and to enact in lieu thereof five new sections relating to the same subject.

SJR 33-By Howard, Clay, Russell and Childers.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 16 of article IV of the constitution of Missouri relating to rules and regulations, and adopting one new section in lieu thereof relating to the same subject.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 652, 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.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 778, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 832, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 536, 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.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 764, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 787, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 787, Page 3, Section 620.1465, Line 1, by inserting immediately after "620.1465." the following: "1."; and further amend line 2, by inserting immediately after said line the following:

"2. No project shall be funded pursuant to sections 620.1450 to 620.1465 on or after July 1, 2004.".

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 809, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following reports:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 561, 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.

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 661, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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 761, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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 470, 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.

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

Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 625, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which were referred SB 675, SB 483, SB 490 and SB 564, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Caskey, Chairman of the Committee on Ethics, submitted the following reports:

Mr. President: Your Committee on Ethics, to which was referred SB 772, 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.

Also,

Mr. President: Your Committee on Ethics, to which was referred SB 729, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

INTRODUCTION OF BILLS

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

SB 893-By Sims.

An Act to amend chapter 196, RSMo, by adding thereto three new sections relating to the prevention of foodborne diseases.

SB 894-By Sims.

An Act to amend chapter 327, RSMo, by adding thereto one new section relating to the practice of architecture.

SIGNING OF

CONCURRENT RESOLUTIONS

The President Pro Tem announced that all other business would be suspended and HCR 3 would be read at length by the Secretary and, if no objections be made, be signed to the end that it shall have the full force and effect of law. No objections being made, the concurrent resolution was read by the Secretary and signed by the President Pro Tem.

SENATE BILLS FOR PERFECTION

Senator Mueller moved that SB 589 be taken up for perfection, which motion prevailed.

Senator Mueller offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 589, Page 2, Section 537.800, Line 21, by inserting after the word "appraiser" the following: ", certified public accountant".

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

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Singleton offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 589, Page 2, Section 537.800, Line 21, by inserting after the word "appraiser" the following: ", independent insurance agent as defined in section 375.031, RSMo".

Senator Singleton moved that the above amendment be adopted.

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

Senator Childers offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 589, Page 1, Section 537.800, Line 8, by inserting after the period on said line the following: "Any professional person providing such critical opinion shall be immune from any action of retaliation by an organization or agency providing oversight of the credentials of such professional person.".

Senator Childers moved that the above amendment be adopted.

At the request of Senator Mueller, SB 589, with SA 3 (pending), was placed on the Informal Calendar.

Senator Schneider assumed the Chair.

REPORTS OF STANDING COMMITTEES

On behalf of Senator Curls, Chairman of the Committee on Insurance and Housing, Senator Quick submitted the following reports:

Mr. President: Your Committee on Insurance and Housing, to which was referred SB 517, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Insurance and Housing, to which was referred SB 722, 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.

Also,

Mr. President: Your Committee on Insurance and Housing, to which was referred SB 719, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SECOND READING OF SENATE BILLS

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

SB 870--Aging, Families and Mental Health.

SB 871--Aging, Families and Mental Health.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Michael E. Joseph, M.D., Republican, 1322 Bramar Drive, Joplin, Jasper County, Missouri 64801, as a member of the State Board of Registration for the Healing Arts, for a term ending September 3, 1998, and until his successor is duly appointed and qualified; vice, vacancy.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 5, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

James R. Wettstaed, 614 Crow Street, Potosi, Washington County, Missouri 63664, as a member of the Unmarked Human Burial Consultation Committee, for a term ending June 3, 2000, and until his successor is duly appointed and qualified; vice, Dr. Samuel Stout, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem McKenna referred the above appointments to the Committee on Gubernatorial Appointments.

SECOND READING OF SENATE BILLS

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

SB 883--Transportation.

COMMUNICATIONS

President Pro Tem McKenna submitted the following:

February 5, 1998

The Honorable Bill McKenna

Missouri Senate

State Capitol, Room 326

Jefferson City, MO 65101

Dear Senator McKenna:

Thank you for the opportunity to serve on the Certificate of Need committee. I respectfully submit my resignation as a member of this committee effective immediately.

Sincerely,

/s/Peter Kinder

Peter D. Kinder



INTRODUCTIONS OF GUESTS

Senator Graves introduced to the Senate, his brother, Todd Graves, Edgerton.

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