Journal of the Senate

SECOND REGULAR SESSION


TWENTY-SECOND DAY--THURSDAY, FEBRUARY 12, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, our life is not a solo act. We need others. We need family, friends and those with whom we work. We are thankful for those who share our world, who give us reason for living and add so much to our life. We especially are thankful for our families and friends. Use us as we work together to make an even better place for our children to share. In Jesus Name we pray. 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


Senator Johnson assumed the Chair.

RESOLUTIONS

Senator DePasco offered Senate Resolution No. 1172, regarding Ralph Joseph Ojeda, Kansas City, which was adopted.

Senator DePasco offered Senate Resolution No. 1173, regarding Daniel J. Quintero, Jr., Kansas City, which was adopted.

INTRODUCTION OF BILLS

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

SB 907-By Singleton.

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

SB 908-By Flotron.

An Act to amend chapter 536, RSMo, by adding thereto one new section relating to remedies for hardship caused by new or changed interpretations of law by executive branch administrative agencies.

SB 909-By Flotron.

An Act to repeal section 162.890, RSMo 1994, relating to special school districts, and to enact in lieu thereof one new section relating to the same subject.

THIRD READING OF SENATE BILLS

SB 673, with SCA 1, introduced by Senator Sims, entitled:

An Act to amend chapter 455, RSMo, by adding thereto four new sections relating to domestic violence.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Sims, SB 673, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Ehlmann Schneider Singleton--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 535, introduced by Senator Caskey, entitled:

An Act to repeal section 163.011, RSMo Supp. 1997, relating to determining equivalent sales ratios used in equalizing assessed valuations, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Caskey, SB 535 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Goode Schneider--2
Absent with leave--Senators--None

The President 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.

SB 479, introduced by Senator Caskey, entitled:

An Act to repeal section 247.040, RSMo Supp. 1997, relating to public water supply districts, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Caskey requested unanimous consent of the Senate to make a technical correction to SB 479 on page 4, line 123, by changing the word "revenue" to "obligation", which request was granted.

On motion of Senator Caskey, SB 479 was read the 3rd time and passed by the following vote:

YEAS--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 Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senators--None

The President 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.

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 772, with SCS, 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, after examination of SB 729, 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 were referred SCS for SBs 532, 806 and 633; SS for SB 518; and SCS for SB 475, 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 Scott, Chairman of the Committee on State Budget Control, submitted the following reports:

Mr. President: Your Committee on State Budget Control, to which were referred SB 588; SB 488; SB 619; and SB 525, begs leave to report that it has considered the same and recommends that the bills do pass.

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 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:

Stacy M. Tucker, as Student Representative to Central Missouri State University Board of Regents;

Also,

Larry Craig Halsey, as Student Representative to Southwest Missouri State University Board of Governors;

Also,

Renzi R. Russell, as Student Representative to Linn State Technical College Board of Regents;

Also,

Darren La'Daire Smith, as Student Representative to Lincoln University Board of Curators;

Also,

Andre' L. May, as Student Representative to Harris-Stowe State College Board of Regents;

Also,

Jessica M. Neighbors, as Student Representative to Truman State University Board of Governors;

Also,

Christin K. Mathis, as Student Representative to Missouri Southern State College Board of Regents;

Also,

Timothy P. Arbeiter, as Student Representative to Southeast Missouri State University Board of Regents;

Also,

Karen M. Barmann, as Student Representative to Northwest Missouri State University Board of Regents;

Also,

Nancy A. Frasier, as a member of the State Board of Examiners for Hearing Instrument Specialists;

Also,

Charles E. Klinginsmith, as a member of the State Board of Chiropractic Examiners;

Also,

M. Sean McGinnis, as a member of the State Fair Commission.

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.

THIRD READING OF SENATE BILLS

SB 615, introduced by Senator McKenna, entitled:

An Act to repeal sections 572.070 and 572.125, RSMo 1994, relating to gambling, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator McKenna, SB 615 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Clay Curls DePasco
Flotron Goode Howard Jacob
Johnson Mathewson McKenna Mueller
Quick Schneider Scott Sims
Staples Wiggins Yeckel--19
NAYS--Senators
Bentley Caskey Childers Ehlmann
Graves House Kenney Kinder
Klarich Lybyer Maxwell Rohrbach
Russell Singleton Westfall--15
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 473, introduced by Senator Wiggins, et al, entitled:

An Act to repeal sections 84.480 and 84.510, RSMo 1994, relating to Kansas City police officers, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

On motion of Senator Wiggins, SB 473 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 Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 525, introduced by Senator Childers, entitled:

An Act to amend chapter 21, RSMo, relating to the general assembly by adding thereto one new section relating to the same subject.

Was taken up.

On motion of Senator Childers, SB 525 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Goode
Graves Howard Jacob Johnson
Kenney Kinder Lybyer Mathewson
Maxwell McKenna Mueller Quick
Russell Schneider Scott Sims
Staples Westfall Wiggins Yeckel--28
NAYS--Senators
Flotron House Klarich Rohrbach
Singleton--5
Absent--Senator Banks--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 589, introduced by Senator Mueller, entitled:

An Act to amend chapter 537, RSMo, by adding thereto one new section relating to claims against certain licensed professionals.

Was taken up.

On motion of Senator Mueller, SB 589 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Childers Clay Curls
DePasco Flotron Goode Graves
Johnson Kenney Kinder Klarich
Mathewson McKenna Mueller Quick
Russell Scott Sims Singleton
Westfall Yeckel--22
NAYS--Senators
Caskey House Howard Jacob
Lybyer Maxwell Schneider Staples
Wiggins--9
Absent--Senators
Banks Ehlmann Rohrbach--3
Absent with leave--Senators--None

The President declared the bill passed.

Senator Mathewson assumed the Chair.

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 McKenna moved that motion lay on the table, which motion prevailed.

SB 619, introduced by Senators McKenna and Lybyer, entitled:

An Act to repeal sections 142.009, 142.010, 142.020, 142.025, 142.030, 142.040, 142.050, 142.060, 142.070, 142.080, 142.090, 142.100, 142.110, 142.120, 142.130, 142.140, 142.150, 142.160, 142.165, 142.166, 142.167, 142.170, 142.180, 142.190, 142.200, 142.210, 142.220, 142.230, 142.240, 142.250, 142.260, 142.270, 142.280, 142.290, 142.295, 142.300, 142.330, 142.340, 142.350, 142.362, 142.364, 142.366, 142.372, 142.374, 142.403, 142.404, 142.406, 142.412, 142.422, 142.432, 142.442, 142.452, 142.462, 142.466, 142.472, 142.482, 142.492, 142.511, 142.513, 142.515, 142.517, 142.521, 142.531, 142.541, 142.551, 142.561, 142.563, 142.571, 142.573, 142.575, 142.577, 142.579, 142.583, 142.584, 142.591, 142.611, 142.617, 142.621, 155.080 and 414.102, RSMo 1994, and section 319.132, RSMo Supp. 1997, relating to motor fuel, and to enact in lieu thereof fifty-nine new sections relating to the same subject, with penalty provisions and an effective date.

Was taken up by Senator McKenna.

On motion of Senator McKenna, SB 619 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 Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

The President declared the bill passed.

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

Senator McKenna 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 SCS for SBs 532, 806 and 633; SS for SB 518; and SCS for SB 475 to the Committee on State Budget Control.

INTRODUCTION OF BILLS

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

SB 910-By Caskey.

An Act to repeal sections 104.540, 210.826, 210.830, and 454.432, RSMo 1994, and sections 193.215, 210.822, 287.820, 454.390, 454.408, 454.413, 454.440, 454.455, 454.460, 454.490, 454.505 and 476.688, RSMo Supp. 1997, relating to child support, and to enact in lieu thereof eighteen new sections relating to the same subject.

SB 911-By McKenna.

An Act to repeal section 215.030, RSMo Supp. 1997, and sections 100.840, 135.403, 135.405 and 135.503, as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, and to enact in lieu thereof eight new sections for the purpose of providing tax relief in distressed communities.

SB 912-By Jacob.

An Act to repeal section 488.012, RSMo Supp. 1997, relating to witnesses, and to enact in lieu thereof one new section relating to the same subject.

SB 913-By Curls.

An Act to amend chapter 30, RSMo, by adding thereto one new section relating to the deposit of state funds.

SB 914-By Curls.

An Act to repeal section 514.040, RSMo Supp. 1997, relating to waiver of court costs, and to enact in lieu thereof one new section relating to the same subject.

SB 915-By Curls.

An Act to repeal section 441.060, RSMo Supp. 1997, relating to termination of tenancies, and to enact in lieu thereof one new section relating to the same subject.

SB 916-By Curls.

An Act to repeal section 89.120, RSMo 1994, relating to zoning regulations, and to enact in lieu thereof one new section relating to the same subject.

COMMUNICATIONS

President Pro Tem McKenna submitted the following:

February 11, 1998

The Honorable Bill McKenna

Missouri Senate

State Capitol Building

Jefferson City, MO 65101

Dear Senator McKenna:

Effective today, I am respectfully resigning my position on the Appropriations Committee. Due to time constraints, I am not able to fulfill my obligation to the Committee.

Thank you for your consideration in this matter.

Sincerely,

/s/ Franc

Franc Flotron

INTRODUCTIONS OF GUESTS

Senator Lybyer introduced to the Senate, Victoria Kleffner, Rich Fountain; and Victoria was made an honorary page.

Senator Howard introduced to the Senate, the Physician of the Day, Dr. and Mrs. Eugene Hansbrough, Poplar Bluff.



Senator Childers introduced to the Senate, Tammy Roberts, Shelly Frasen and sixteen students from Hollister R-V High School, Hollister.

On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, February 16, 1998.