Journal of the Senate

SECOND REGULAR SESSION


TWENTY-FIRST DAY--WEDNESDAY, FEBRUARY 11, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Heavenly Father, help us to do what is right even when no one is looking. Give to us the wisdom to know what is right and whatever it takes to just do it. We are thankful for men and women of integrity who are willing to give of their time, talent and energy in the service of others. We strive to be like them. 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 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 Flotron offered Senate Resolution No. 1170, regarding Brian Elliot, Chesterfield, which was adopted.

INTRODUCTION OF BILLS

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

SB 901-By Westfall.

An Act to repeal section 302.060, RSMo Supp. 1997, relating to motor vehicles, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

SB 902-By Russell.

An Act to amend chapter 306, RSMo, by adding thereto five new sections relating to the regulation of vessels, with penalty provisions and an emergency clause.

SB 903-By Yeckel.

An Act to repeal section 448.3-116, RSMo 1994, relating to condominiums, and to enact in lieu thereof one new section relating to the same subject.

SECOND READING OF CONCURRENT RESOLUTIONS

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

SCR 34--Rules, Joint Rules and Resolutions.

SENATE BILLS FOR PERFECTION

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

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Childers offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bill No. 475, Page 9, Section 210.301, Line 30, by deleting the words "is required to" on said line and insert in lieu thereof the words "may"; and further amend said bill, section 210.314, line 4, by deleting the word "shall" and insert in lieu thereof the words "who professes to"; and further amend said section, line 13, by deleting the word "shall" and inserting in lieu thereof the word "may" and further amend said section, line 22, by inserting after the words "is not" the words "qualified to meet the requirements for".

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

Senator Sims offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bill No. 475, Page 3, Section 43.540, Line 59, by striking the following: "or youth agency"; and

Further amend said bill, Page 9, Section 210.301, Line 10, by striking the following: "and youth services agencies"; and further amend line 13, by striking the following: "and youth services agencies"; and further amend line 37, by inserting immediately after the word "number" the following: "pursuant to subsection 3 of this section"; and

Further amend said bill, page 10, section 210.303, line 19, by striking "records" and inserting in lieu thereof the following: "the reasons thereof. Records"; and

Further amend said bill and section, page 11, lines 27-28, by striking the following: "along with a copy of the hearing decision".

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

Senator Howard offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for Senate Bill No. 475, Page 10, Section 210.301, Line 40, by inserting after the word "neglect" the following: "and whether a finding has been substantiated".

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

Senator Rohrbach offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for Senate Bill No. 475, Page 12, Section 210.314, Lines 7-9, by deleting on said lines the following: "whether the applicant has been reported for abuse or neglect pursuant to section 198.070, RSMo."; and

Further amend said section, line 11, by deleting the words "for in-home service clients"; and

Further amend said section, lines 16 and 17, by deleting the following: "Whether the person has been reported for abuse or neglect pursuant to section 198.070 RSMo,"; and

Further amend said section, line 19, by deleting the words "for in-home service clients,"; and

Further amend said section, lines 31 and 32, by deleting the following: "Whether the person has been reported for abuse or neglect pursuant to section 198.070, RSMo."; and

Further amend said section, line 35, by deleting the words "for in-home service clients"; and

Further amend said section, lines 60 and 61, by deleting the following: "or who makes a report for the purpose of abuse or neglect pursuant to section 198.070, RSMo."; and

Further amend said section, line 63, by deleting the words "for in-home service clients".

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



Senator Wiggins offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for Senate Bill No. 475, Page 11, Section 210.305, Lines 2 and 3, by placing a period "." after the word "rule" and deleting the remainder of said lines; and

Further amend said bill, page 13, Section 210.314, lines 46 through 55, by deleting all of said lines and renumbering the subsequent subsections of said section.

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

Senator Mathewson offered SA 9:

SENATE AMENDMENT NO. 9

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. Residential care facilities which are exempt from licensure as set forth in subdivision (5) of subsection 1 of this section shall register with the department of elementary and secondary education which shall provide copies of such registration to the department of health and shall be subject to all local health and fire safety requirements and where local fire standards do not exist then state fire marshal standards shall apply.

[2.] 3. The division shall not require any foster home, residential care facility, or child placing agency which [believes itself] is 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 Mathewson moved that the above amendment be adopted, which motion prevailed.

Senator Banks moved that SCS for SB 475, as amended, be adopted, which motion prevailed.

On motion of Senator Banks, SB 475, as amended, was declared perfected and ordered printed.

Senator Howard moved that SB 499, with SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 was again taken up.

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

Senator Howard offered SS for SCS for SB 499, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 499

An Act to repeal section 337.035, RSMo Supp. 1997, relating to the practice of psychology, and to enact in lieu thereof seven new sections relating to the same subject.

Senator Howard moved that SS for SCS for SB 499 be adopted.

At the request of Senator Howard, SB 499, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

SB 537, introduced by Senator Caskey, entitled:

An Act to amend chapters 404 and 456, RSMo, by adding thereto two new sections relating to powers of certain legal representatives.

Was called from the Consent Calendar and taken up.

On motion of Senator Caskey, SB 537 was read the 3rd time and passed by the following vote:

YEAS--Senators
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 Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Scott Staples--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

On motion of Senator Caskey, title to the bill was agreed to.

Senator Caskey moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

SENATE BILLS FOR PERFECTION

Senator Graves moved that SB 518, with SS, SA 2, SSA 1 for SA 2 and SA 2 to SSA 1 for SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 2 to SSA 1 for SA 2 was again taken up.

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Clay, Caskey, Graves and Russell.

SA 2 to SSA 1 for SA 2 failed of adoption by the following vote:

YEAS--Senators
Clay DePasco Ehlmann Goode
Howard Jacob Quick Schneider
Scott--9
NAYS--Senators
Bentley Caskey Childers Curls
Flotron Graves House Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Rohrbach Russell Sims Singleton
Westfall Wiggins Yeckel--23
Absent--Senators
Banks Staples--2
Absent with leave--Senators--None

SSA 1 for SA 2 was again taken up.

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

Senator Graves moved that SS for SB 518, as amended, be adopted, which motion prevailed.

On motion of Senator Graves, SS for SB 518, as amended, was declared perfected and ordered printed.

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, to which were referred SB 525 and SB 589, 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.

On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

THIRD READING OF SENATE BILLS

SB 496, with SCS, introduced by Senator Mueller, entitled:

An Act to repeal section 571.080, RSMo 1994, relating to the transfer of concealable firearms, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCS for SB 496, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 496

An Act to repeal sections 571.010 and 571.080, RSMo 1994, relating to the transfer of concealable firearms, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Mueller moved that SCS for SB 496 be adopted, which motion prevailed.

On motion of Senator Mueller, SCS for SB 496 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay DePasco
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--30
NAYS--Senator Banks--1
Absent--Senators
Bentley Curls Scott--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

On motion of Senator Mueller, title to the bill was agreed to.

Senator Mueller moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

REFERRALS

President Pro Tem McKenna referred SB 525 to the Committee on State Budget Control.

SENATE BILLS FOR PERFECTION

Senator Wiggins moved that SB 532, SB 806 and SB 633, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 532, 806 and 633, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 532, 806 and 633

An Act to repeal sections 195.211, 195.222, 195.223, 195.420, 195.509, 311.720, 542.276, 568.045 and 569.085, RSMo 1994, and sections 195.010 and 195.400, RSMo Supp. 1997, and to enact in lieu thereof fourteen new sections relating to controlled substances, with penalty provisions.

Was taken up.

Senator Wiggins moved that SCS for SBs 532, 806 and 633 be adopted, which motion prevailed.

On motion of Senator Wiggins, SCS for SBs 532, 806 and 633 was declared perfected and ordered printed.

Senator House moved that SB 780 be taken up for perfection, which motion prevailed.

Senator Wiggins assumed the Chair.

Senator House offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 780, Page 3, Section 164.161, Line 6, by striking the word "completed"; and further amend line 6, by inserting immediately after the word "assessment", the following, "certified by the county clerk"; and further amend line 6, by inserting immediately after the word "for", the following: "local,"; and further amend line 6, by striking the word "and" and inserting in lieu thereof the following: "or"; and

Further amend said bill, page 6, section 167.251, line 5, by inserting immediately after the word "transportation", the following: ", except capital expenditures,".

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

Senator Rohrbach offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 780, Page 7, Section 167.279, Lines 11-23, by deleting all of said lines; and

Further amend said bill, page and section, line 24, by deleting the numeral "3" on said line and inserting in lieu thereof the word "2".

Senator Rohrbach moved that the above amendment be adopted.

Senator Caskey offered SSA 1 for SA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

Amend Senate Bill No. 780, Page 7, Section 167.275, Line 23, by inserting after said line: "The reporting system described in 167.275.2 will expire August 28, 2000.".

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

Senator Staples assumed the Chair.

Senator Ehlmann offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 780, Page 23, Section 167.268, Line 1, by removing the brackets before "167.268" and after the word "guardian" on page 24, line 27; and further amend by adding the following at the end of section 167.268 "No student shall be promoted until and unless they have shown the ability to read within one grade- level of the grade they are leaving.".

Senator Ehlmann moved that the above amendment be adopted.

At the request of Senator Ehlmann, SA 3 was withdrawn.

Senator Ehlmann offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Bill No. 780, Page 23, Section 167.268, Line 1, by removing the brackets before "167.268" and after the word "guardian" on page 24, line 27; and further amend by adding the following at the end of section 167.268 "No student shall be promoted until and unless they have shown the ability to read within one grade-level of the grade they are leaving, unless the student has a learning disability or other physical disability which prevents them from complying with the requirement."; and

Further amend the title and enacting clause accordingly.

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

Senator Wiggins assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Childers offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Bill No. 780, Page 12, Section 171.031, Line 4, by deleting the bracket on said line; and further amend said section, line 15, by deleting the bracket on said line.

Senator Childers moved that the above amendment be adopted.

At the request of Senator Childers, SA 5 was withdrawn.

Senator Childers offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Bill No. 780, Page 12, Section 171.031, Line 4, by inserting after the period on said line the words "No school shall open previous to September 1st except upon a public vote of the patrons of such district.".

Senator Childers moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Mueller, Russell, Westfall and Yeckel.

SA 6 failed of adoption by the following vote:

YEAS--Senators
Childers Kinder Mathewson Maxwell
Quick Russell Schneider--7
NAYS--Senators
Bentley Caskey Clay DePasco
Ehlmann Flotron Goode Graves
House Howard Jacob Johnson
Kenney Klarich McKenna Mueller
Rohrbach Scott Sims Singleton
Staples Westfall Wiggins Yeckel--24
Absent--Senators
Banks Curls Lybyer--3
Absent with leave--Senators--None

Senator Childers offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Bill No. 780, Page 12, Section 171.031, Line 4, by deleting the bracket on said line and further amend said section, line 15, by deleting the bracket on said line.

Senator Childers moved that the above amendment be adopted.

At the request of Senator House, SB 780, with SA 7 (pending), was placed on the Informal Calendar.

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 SB 619, 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.

REFERRALS

President Pro Tem McKenna referred SB 619 to the Committee on State Budget Control.

REPORTS OF STANDING COMMITTEES

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 753, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTION OF BILLS

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

SB 904-By Jacob.

An Act to amend chapter 570, RSMo, by adding thereto two new sections relating to property theft, with penalty provisions.

SB 905-By Schneider and DePasco.

An Act relating to certain health care benefits with a conditional effective date for certain sections, and submitting said act to the voters of the state for approval or rejection under referendum provisions of the constitution.

SB 906-By Schneider.

An Act to repeal sections 478.320 and 478.437, RSMo 1994, and section 487.020, RSMo Supp. 1997, relating to judges in certain judicial circuits, and to enact in lieu thereof three new sections relating to the same subject.

RESOLUTIONS

Senators Mathewson and DePasco offered Senate Resolution No. 1171, regarding the One Hundredth Anniversary of The Examiner, Independence, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Howard introduced to the Senate, Chris Carlton, Columbia.

Senator Singleton introduced to the Senate, Ray, Lana and Christin Mathis, Joplin.

Senator Singleton introduced to the Senate, Rocky McMahon, Neosho; and Craig Cobb, Caulfield.

On behalf of Senator Westfall and herself, Senator Bentley introduced to the Senate, Joe Greene, Springfield; and Jim Stirling, Bolivar.

Senator House introduced to the Senate, Amanda, Jeanette and Bill Price, St. Charles County.

Senator Kenney introduced to the Senate, Jim Anderson, Lee's Summit.

Senator Singleton introduced to the Senate, Dick Largent and Janice Turner, Joplin.

Senator Howard introduced to the Senate, Joe and Linda Cravens, Greenville.

Senator Sims introduced to the Senate, Mayor Terri Williams, Webster Groves; and Ginger Harris, Creve Coeur.

Senator Wiggins introduced to the Senate, George Kopp, IV, Kansas City.

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