Journal of the Senate

SECOND REGULAR SESSION


TWENTY-SIXTH DAY--THURSDAY, FEBRUARY 19, 1998


The Senate met pursuant to adjournment.

Senator Johnson in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, teach us the way of respect, to treat others with courtesy and consideration, to hold others in high regard and to express to them appreciation. Lord, forgive us when we seek respect, but don't give it; when we expect courtesy, but don't extend it; and when we expect compliments, but never give them. Help us to do unto others as we would have them do unto us. 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 Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
Absent with leave--Senator McKenna--1
The Lieutenant Governor was present.

CONCURRENT RESOLUTIONS

Senator Bentley offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 35

WHEREAS, families are an important institution in this nation and in the state of Missouri; and

WHEREAS, the role that parents play in a child's life is important and the time that parents spend with children is crucial to the future of our society; and

WHEREAS, since 1965, the amount of time that parents spend with their children has dropped forty percent; and

WHEREAS, a 1993 study found that sixty-six percent of adults surveyed nationwide wanted to spend more time with their children; and

WHEREAS, in 1960, less than nineteen percent of married women were in the workforce who had a spouse present and children less than six years of age, yet today, more than sixty percent of such women are in the workplace; and

WHEREAS, currently, seventy-six percent of mothers with school-age children are in the workforce; and

WHEREAS, inflexible work schedules conflict with school hours, day care arrangements and family emergencies; and

WHEREAS, working parents, especially working mothers, require flexible working schedules so that they can take the time to tend to their children's needs; and

WHEREAS, federal law allows public employees to have flexible working schedules, so that such employees can balance the needs of work and family; and

WHEREAS, federal law prohibits employees in the private sector from having flexibility in work schedules which public employees currently enjoy; and

WHEREAS, in the interest of creating equity between private and public sector employment, and in the interest of promoting the importance of family obligations in our society, private sector employees should be allowed to have flexibility in their work schedules in order to meet their family and personal obligations; and

WHEREAS, such flexibility can be established by allowing employees to opt for paid flexible leave; and

WHEREAS, paid flexible leave would allow a private sector employee to choose to work hours in addition to a forty-hour work week, and use those extra hours as compensatory time for a shorter, future work week. Such flexibility could be met by allowing an employee to work eighty hours over a two-week period in any combination that the employee wishes, or by allowing the employee to take time-and-a-half off instead of time-and-a-half pay for any overtime hours worked. The decision to work a flexible schedule would be solely at the option of the employee, not the employer; and

WHEREAS, federal law prohibits such flexibility at the option of the private sector employee;

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the Second Regular Session of the Eighty-ninth General Assembly, the House of Representatives concurring therein, that we respectfully urge the Congress of the United States to address this important issue by enacting legislation which would allow private sector employees to be able to choose paid flexible leave as set forth in this resolution; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution to be transmitted forthwith to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and to each member of the Missouri Delegation of Congress.

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, after examination of SB 530, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Senator Scott, Vice-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:

Leland O. Burch, as a member of the State Soil and Water Districts Commission;

Also,

Kerri C. Clark, as Student Representative to Missouri Western State College Board of Regents;

Also,

Fred A. "Tommy" Thomson, as a member of the Kansas City Area Transportation Authority;

Also,

Terry E. Carlisle, as a member of the Advisory Commission for Registered Physician Assistants;

Also,

Rosemary G. Hogan, as a member of the Missouri Board for Respiratory Care;

Also,

David J. Lackey, as a member of the Missouri Board of Occupational Therapy;

Also,

Toni R. Messina, as a member of the Missouri Women's Council;

Also,

James R. Wettstaed, as a member of the Unmarked Human Burial Consultation Committee;

Also,

Roger D. Shaw, Jr., as the public member of the Missouri Veterinary Medical Board.

Senator Scott requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

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

Mr. President: Your Committee on Appropriations, to which was referred SJR 24, 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 Appropriations, to which was referred SB 620, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO.1

Amend Senate Bill No. 620, Page 1, In the Title, Line 3, by inserting after the word "projects" the following: ", with an expiration date"; and

Further amend said bill, Page 4, Section 8.893, Line 10, by inserting immediately after all of said line the following:

"Section B. The provisions of sections 8.875 to 8.893 of this act shall expire on August 28, 2002.".

SENATE BILLS FOR PERFECTION

SB 618, SB 591 and SB 747, with SCS, were placed on the Informal Calendar.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Staples moved that the vote by which SCS for SB 475 was defeated on 3rd reading and final passage, be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Goode House
Howard Jacob Johnson Lybyer
Mathewson Maxwell Quick Schneider
Scott Sims Staples Wiggins--20
NAYS--Senators
Bentley Ehlmann Flotron Graves
Kinder Rohrbach Russell Singleton
Westfall Yeckel--10
Absent--Senators
Klarich Mueller--2
Absent with leave--Senators
Kenney McKenna--2

At the request of Senator Banks, SCS for SB 475 was placed on the Informal Calendar.

SENATE BILLS FOR PERFECTION

SB 651, with SCS, was placed on the Informal Calendar.

Senator Caskey moved that SB 659, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 659, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 659

An Act to repeal sections 57.201, 57.220, 57.221 and 57.251, RSMo 1994, and section 57.250, RSMo Supp. 1997, relating to sheriffs, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for SB 659 be adopted.

Senator Wiggins assumed the Chair.

Senator Maxwell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 659, Page 2, Section 57.015, Line 15, by inserting after the ";" following the word "observer;" the following: "the Sheriff and his or her attorney may attend the hearing, but only to serve as an observer;".

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

Senator Clay requested unanimous consent of the Senate for the Committee on Labor and Industrial Relations to meet in executive session while the Senate is in session, which request was denied.

Senator Johnson assumed the Chair.

Senator Caskey moved that SCS for SB 659, as amended, be adopted and requested a roll call vote be taken. He was joined in his request by Senators Mathewson, Rohrbach, Westfall and Wiggins.

SCS for SB 659, as amended, was adopted by the following vote:

YEAS--Senators
Caskey Clay Curls DePasco
Ehlmann Flotron Goode House
Jacob Johnson Klarich Mathewson
Maxwell Quick Schneider Sims
Singleton Staples Wiggins Yeckel--20
NAYS--Senators
Bentley Childers Graves Howard
Kinder Lybyer Rohrbach Russell
Westfall--9
Absent--Senators
Banks Mueller--2
Absent with leave--Senators
Kenney McKenna Scott--3


On motion of Senator Caskey, SCS for SB 659, as amended, was declared perfected and ordered printed.

INTRODUCTION OF BILLS

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

SB 930-By Goode.

An Act relating to land conservation and development, with an emergency clause and a termination date.

SB 931-By Maxwell.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to income tax credits for dependents.

SB 932-By Maxwell.

An Act to repeal section 143.161, RSMo 1994, relating to income tax deductions for dependents, and to enact in lieu thereof one new section relating to the same subject.

SB 933-By Flotron.

An Act to repeal section 135.333, RSMo 1994, and sections 135.326 and 135.327, RSMo Supp. 1997, relating to the adoption of special needs children, and to enact in lieu thereof three new sections relating to the same subject.

SB 934-By Russell.

An Act to repeal section 478.705, RSMo 1994, relating to judicial circuits, and to enact in lieu thereof two new sections relating to the same subject.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1620, entitled:

An Act to repeal section 620.467, RSMo 1994, relating to the division of tourism, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1473, entitled:

An Act to repeal sections 190.005, 190.010, 190.015, 190.043, 190.055, 190.060, 190.073, 190.093, 190.095, 190.100, 190.105, 190.110, 190.115, 190.120, 190.125, 190.130, 190.135, 190.140, 190.141, 190.150, 190.155, 190.160, 190.165, 190.171, 190.175, 190.180, 190.190, 190.235, 190.237, 190.239, 190.241, 190.243, 190.245 and 190.247, RSMo 1994, and section 190.145 as both versions appear in RSMo Supp. 1997, and sections 190.185 and 537.035, RSMo Supp. 1997, relating to emergency services, and to enact in lieu thereof thirty-eight new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

RESOLUTIONS

Senators Wiggins and Rohrbach offered Senate Resolution No. 1198, regarding the Reverend Dr. Harry M. "Bud" and Anna Leah (Hart) Agniel, Jefferson City, which was adopted.

Senator Caskey offered Senate Resolution No. 1199, regarding Windsor Elementary School, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Mathewson introduced to the Senate, Jerry and Janice Rollins, Sedalia.

Senator DePasco introduced to the Senate, visitors from Independence, including members of the Chamber of Commerce and the Leadership Development Class.

Senator Staples introduced to the Senate, Patt

Pall and Delores Powell, Oregon County.

Senator Singleton introduced to the Senate, Valarie and Preston Praytor, Neosho.

Senator Howard introduced to the Senate, Harold Ellinghouse, Piedmont.

On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, February 23, 1998.