Journal of the Senate

SECOND REGULAR SESSION


TWENTY-SEVENTH DAY--MONDAY, FEBRUARY 23, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, forgive our mistakes and use them to teach us, forgive our shortcomings and use them to help us grow, forgive our anger and teach us the way of love. We don't always say the right thing, do the right thing or even think the right thing, but our hearts are filled with love for our people, concern for their well being and a desire to make their life better. Use our efforts to make things better in our state. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal for Thursday, February 19, 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 Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
Absent with leave--Senator House--1

RESOLUTIONS

Senator Lybyer offered Senate Resolution No. 1200, regarding Darrel Gene Gentry, Houston, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1201, regarding Michael Anthony (Mike) Fetters, St. Charles, which was adopted.

Senator McKenna offered Senate Resolution No. 1202, regarding the Seventy-fifth Birthday of Russell Edward Emmenegger, Eureka, which was adopted.

Senator Clay offered Senate Resolution No. 1203, regarding the One Hundredth Birthday of Nellie Mask Tillman, St. Louis, which was adopted.

Senator McKenna offered Senate Resolution No. 1204, regarding the Ninetieth Birthday of Mrs. Delma Spikes Bryant, Arnold, which was adopted.

Senator Graves offered Senate Resolution No. 1205, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Lloyd Parks, Cameron, which was adopted.

Senator Graves offered Senate Resolution No. 1206, regarding the One Hundredth Birthday of Myrtle Iona Scifers Partin, Bethany, which was adopted.

Senator Graves offered Senate Resolution No. 1207, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. W. E. Spainhour, which was adopted.

Senator Graves offered Senate Resolution No. 1208, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Merlin Wright, Winston, which was adopted.

Senator Graves offered Senate Resolution No. 1209, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lee Coots, Cameron, which was adopted.

Senator Graves offered Senate Resolution No. 1210, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Bill Mercer, Parnell, which was adopted.

Senator Graves offered Senate Resolution No. 1211, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Arthur McQuates, Osborn, which was adopted.

Senator Kinder offered Senate Resolution No. 1212, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Leonard Sander, Cape Girardeau County, which was adopted.

Senator Schneider offered Senate Resolution No. 1213, regarding Randall Scott "Randy" Field, Florissant, which was adopted.

Senator Schneider offered Senate Resolution No. 1214, regarding Brian David Davis, Florissant, which was adopted.

Senator Schneider offered Senate Resolution No. 1215, regarding Donald James Gralike, which was adopted.

Senator Schneider offered Senate Resolution No. 1216, regarding Steven Joseph Boggio, Florissant, which was adopted.

Senator Graves offered Senate Resolution No. 1217, regarding the Ninetieth Birthday of Mrs. Gladys Ruth (Mishler) Hord, Camden, Alabama, which was adopted.

Senator Wiggins offered Senate Resolution No. 1218, regarding the death of Thomas Rice Saracini, Kansas City, which was adopted.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1219

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Earl Thomas Johnston, of Kansas City; and

WHEREAS, Mr. Johnston, a native of Kansas City, was a retired supervisor for the United States Postal Service to which organization he dedicated 37 years of his life; and

WHEREAS, Mr. Johnston was a World War II Navy veteran and member of the Conboy Nichols Post Number 340 of the American Legion; and

WHEREAS, Mr. Johnston was a longtime member of St. Regis Catholic Church and its Over 50 Club and has also devoted much of his life to Scouting, serving as both a Cub Master and Scout Master, was an honorary member of the Tribe of Mic-O-Say and received the coveted Scouter's Key; and

WHEREAS, Mr. Johnston was most of all a devoted husband and father in whose heart and love his family always came first;

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate pause in their deliberations to salute the memory of Earl Thomas Johnston, express their appreciation for his lifetime of good citizenship and his contributions to Kansas City and to Missouri, and express to his wife, Mrs. Dolores Johnston, family and many friends, most sincere sympathy on his death;

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mrs. Dolores Johnston; sons, Robert, James and John Johnston; and daughter, Jeanne Johnston.

INTRODUCTION OF BILLS

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

SB 935-By Russell.

An Act to repeal section 570.120, RSMo 1994, relating to the crime of passing bad checks, and to enact in lieu thereof one new section relating to the same subject.

SB 936-By Quick.

An Act to amend chapter 144, RSMo, by adding thereto one new section relating to sales tax exemptions for certain newspaper equipment.

SJR 36-By Howard.

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.

THIRD READING OF SENATE BILLS

SB 680, introduced by Senators Wiggins, et al, entitled:

An Act to amend chapter 351, RSMo, relating to corporations by adding thereto one new section relating to the merger of a domestic corporation with a direct or indirect wholly owned subsidiary without an election of shareholders.

Was called from the Consent Calendar and taken up.

On motion of Senator Wiggins, SB 680 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls Schneider--2
Absent with leave--Senator House--1

The President Pro Tem 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 526, introduced by Senator Childers, entitled:

An Act to repeal section 315.037, RSMo 1994, relating to resorts, 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 Childers, SB 526 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls Schneider--2
Absent with leave--Senator House--1

The President Pro Tem 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 Quick moved that motion lay on the table, which motion prevailed.

SENATE BILLS FOR PERFECTION

Senator DePasco moved that SB 729 and SB 772, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 729 and 772, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 729 and 772

An Act to repeal sections 130.021, 130.046, 130.047, 130.050 and 130.057, RSMo Supp. 1997, relating to the Missouri ethics commission, and to enact in lieu thereof eight new sections relating to the same subject, with an emergency clause for certain sections and penalty provisions.

Was taken up.

Senator DePasco moved that SCS for SBs 729 and 772 be adopted.

Senator DePasco offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 729 and 772, Page 12, Section 130.057.3, Lines 19-30, by deleting all of said lines, and by adding in lieu thereof the following:

"3. Beginning with the primary and general elections in [1996] 1998, candidates and [other persons may] all other committees shall file reports [in an] by using either the electronic format [as] prescribed by the commission or [may file a paper copy and all reports filed with the commission by any continuing committee shall be filed in electronic format as prescribed by the commission] paper forms provided by the commission for that purpose. Continuing committees shall file reports by electronic format prescribed by the commission, except continuing committees which do not make contributions which exceed fifteen thousand dollars in any one calendar year. Continuing committees which do not make contributions which exceed fifteen thousand dollars in any one calendar year shall file reports on paper forms provided by the commission for that purpose or by electronic format prescribed by the commission, whichever reporting method the continuing committee chooses. The commission shall supply a computer program which shall be used for filing by modem or by a common magnetic media chosen by the commission. In the event that filings are performed electronically, the candidate shall file a signed original written copy within five working days; except that, if a means becomes available which will allow a verifiable electronic signature, the commission may also accept this in lieu of a written statement. In the event that the commission does not have the electronic format available for the primary and general elections in 1998, the provisions of this section relating to filing by electronic format will become effective in the year that the commissions electronic format is available and notice is given to all candidates and committees pursuant to section 130.059. Filing reports for purposes of this act includes the preceding year.".

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

Senator DePasco offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 729 and 772, Page 1, Section A, Line 4, by inserting immediately after all of said line the following:

"105.464. 1. No person serving in a judicial or quasi-judicial capacity shall participate in such capacity in any proceeding in which:

(1) The person knows that a party is any of the following: the person or the person's great-grandparent, grandparent, parent, stepparent, guardian, foster parent, spouse, former spouse, child, stepchild, foster child, ward, niece, nephew, brother, sister, uncle, aunt, or cousin, or any firm or corporation in which the person has an ownership interest, or any trust in which the person has any legal, equitable or beneficial interest;

(2) The person knows the subject matter is such that the person may receive a [direct or indirect] financial gain from any potential result of the proceeding, except that no provision in this subsection shall be construed to prohibit the person from participating in any proceeding by reason of the fact that the state, or any agency of the state, or any agency of a political subdivision thereof, is a party.

2. No provision in the section shall be construed to prohibit him from entering an order disqualifying himself or herself or transferring the matter to another court, body, or person for further proceedings."; and

Further amend the title and enacting clause accordingly.

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

Senator Childers offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 729 and 772, Page 2, Section 105.966, Line 13, by inserting after the word "section" on said line the following: "shall have a letter prepared and provided to the complainant and to the subject of such complaint within ten days of such date providing the reasons for such action or lack of action and the complaint".

Senator Childers moved that the above amendment be adopted.

Senator Howard offered SSA 1 for SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 729 and 772, Page 2, Section 105.966, Line 13, by inserting after the word "violation" the following: "with the complainant and the subject of the complaint receiving a letter confirming no violation occurred".

Senator Howard moved that the above substitute amendment be adopted.

At the request of Senator Howard, SSA 1 for SA 3 was withdrawn.

SA 3 was again taken up.

Senator Childers moved that the above amendment be adopted, which motion prevailed on a standing division vote.

Senator Ehlmann offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 729 and 772, Page 1, Section A, Line 4, by inserting immediately after said line the following:

"105.473. 1. Each lobbyist shall, not later than five days after beginning any activities as a lobbyist, file standardized registration forms, verified by a written declaration that it is made under the penalties of perjury, along with a filing fee of ten dollars, with the commission. The forms shall include the lobbyist's name and business address, the name and address of all persons such lobbyist employs for lobbying purposes, the name and address of each lobbyist principal by whom such lobbyist is employed or in whose interest such lobbyist appears or works. The commission shall maintain files on all lobbyists' filings, which shall be open to the public. Each lobbyist shall file an updating statement under oath within one week of any addition, deletion, or change in the lobbyist's employment or representation. The filing fee shall be deposited to the general revenue fund of the state.

2. Each person shall, before giving testimony before any committee of the general assembly, give to the secretary of such committee such person's name and address and the identity of any lobbyist or organization, if any, on whose behalf such person appears.

3. (1) During any period of time in which a lobbyist continues to act as an executive lobbyist, judicial lobbyist or a legislative lobbyist, the lobbyist shall file with the commission on standardized forms prescribed by the commission monthly reports which shall be due at the close of business on the tenth day of the following month;

(2) Each report filed pursuant to this subsection shall include a statement, verified by a written declaration that it is made under the penalties of perjury, setting forth the following:

(a) The total of all expenditures by the lobbyist or his lobbyist principals made on behalf of all public officials, their staffs and employees, and their spouses and dependent children, which expenditures shall be separated into at least the following categories by the executive branch, judicial branch and legislative branch of government: printing and publication expenses; media and other advertising expenses; travel; entertainment; honoraria; meals, food and beverages; and gifts;

(b) An itemized listing of the name of the recipient and the nature and amount of each expenditure by the lobbyist or his lobbyist principal, including a service or anything of value, for all expenditures made during any reporting period, paid or provided to or for a public official, such official's staff, employees, spouse or dependent children;

(c) The total of all expenditures made by a lobbyist or lobbyist principal for occasions and the identity of the group invited, the date and description of the occasion and the amount of the expenditure for each occasion when any of the following are invited in writing:

a. All members of the senate;

b. All members of the house of representatives;

c. All members of a joint committee of the general assembly or a standing committee of either the house of representatives or senate; or

d. All members of a caucus of the general assembly if the caucus consists of at least ten members, a list of the members of the caucus has been previously filed with the ethics committee of the house or the senate, and such list has been approved by either of such ethics committees;

(d) Any expenditure made on behalf of a public official, or the public official's staff, employees, spouse or dependent children, if such expenditure is solicited by such public official, the public official's staff, employees, or spouse or dependent children, from the lobbyist or his lobbyist principals and the name of such person or persons;

(e) A statement detailing any direct business relationship or association or partnership the lobbyist has with any public official. The reports required by this paragraph shall cover the time periods since the filing of the last report or since the lobbyist's employment or representation began, whichever is most recent.

4. No expenditure reported pursuant to this section shall include any amount expended by a lobbyist or lobbyist principal on himself. All expenditures disclosed pursuant to this section shall be valued on the report at the actual amount of the payment made, or the charge, expense, cost, or obligation, debt or bill incurred by the lobbyist or the person the lobbyist represents. Whenever a lobbyist principal employs more than one lobbyist, expenditures of the lobbyist principal shall not be reported by each lobbyist, but shall be reported by one of such lobbyists.

5. Any lobbyist principal shall provide in a timely fashion whatever information is reasonably requested by the lobbyist principal's lobbyist for use in filing the reports required by this section.

6. All information required to be filed under the provisions of this section with the commission shall be kept available by the executive director of the commission at all times open to the public for inspection and copying for a reasonable fee for a period of five years from the date when such information was filed.

7. No person shall knowingly employ any person who is required to register as a registered lobbyist but is not registered pursuant to this section. Any person who knowingly violates this subsection shall be subject to a civil penalty in an amount of not more than ten thousand dollars for each violation. Such civil penalties shall be collected by action filed by the commission.

8. No lobbyist shall knowingly omit, conceal, or falsify in any manner information required pursuant to this section.

9. The prosecuting attorney of Cole County shall be reimbursed only out of funds specifically appropriated by the general assembly for investigations and prosecutions for violations of this section.

10. Any public official or other person whose name appears in any lobbyist report filed pursuant to this section who contests the accuracy of the portion of the report applicable to such person may petition the commission for an audit of such report and shall state in writing in such petition the specific disagreement with the contents of such report. The commission shall investigate such allegations in the manner described in section 105.959. If the commission determines that the contents of such report are incorrect, incomplete or erroneous, it shall enter an order requiring filing of an amended or corrected report.

11. The commission shall provide a report listing the total spent by a lobbyist for the month and year to any member or member-elect of the general assembly, judge or judicial officer, or any other person holding an elective office of state government on or before the twentieth day of each month. For the purpose of providing accurate information to the public, the commission shall not publish information in either written or electronic form for ten working days after providing the report pursuant to this subsection. The commission shall not release any portion of the lobbyist report if the accuracy of the report has been questioned pursuant to subsection 10 of this section unless it is conspicuously marked "Under Review".

12. Each lobbyist principal by whom the lobbyist was employed, or in whose behalf the lobbyist acted, shall provide a general description of the proposed legislation or action by the executive branch or judicial branch which the lobbyist supported or opposed. This information shall be supplied to the commission on March fifteenth and May thirtieth of each year.

13. Each lobbyist or lobbyist principal shall disclose the amount of compensation received in the preceding calendar year for his or her lobbying activities. Such disclosure shall be filed with the Missouri ethics commission no later than March fifteenth of each year and shall include disclosure of compensation for all lobbying activities in the previous calendar year."; and

Further amend the title and enacting clause accordingly.

Senator Ehlmann moved that the above amendment be adopted.

Senator Lybyer offered SA 1 to SA 4, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 4

Amend Senate Amendment No. 4 to Senate Committee Substitute for Senate Bills Nos. 729 and 722, Page 6, Section 105.473, Line 18, by inserting after said line the following:

"14. Any member of the general assembly who is also a member of the Missouri Bar shall list the name of each lobbyist principal on his financial disclosure report from whom he has received at least five hundred dollars in the year covered by the report.".

Senator Lybyer moved that the above amendment be adopted.

Senator Ehlmann offered SSA 1 for SA 1 to SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 4

Amend Senate Amendment No. 4 to Senate Committee Substitute for Senate Bills Nos. 729 and 722, Page 6, Section 105.473, Line 18, by inserting after said line the following:

"14. Any member of the general assembly shall list the name of each lobbyist principal on his financial disclosure report from whom he has received at least five hundred dollars in the year covered by the report.".

Senator Ehlmann moved that the above substitute amendment be adopted.

At the request of Senator Ehlmann, SSA 1 for SA 1 to SA 4 was withdrawn.

At the request of Senator Lybyer, SA 1 to SA 4 was withdrawn.

At the request of Senator Ehlmann, SA 4 was withdrawn.

At the request of Senator DePasco, SB 729 and SB 772, with SCS, as amended (pending), were placed on the Informal Calendar.

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 883; SCS for SB 659; SCS for SB 753; and SS for SB 657, 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.

REFERRALS

President Pro Tem McKenna referred SB 780; SB 489, with SCS; SB 571, with SCS; SCS for SB 753; and SB 883 to the Committee on State Budget Control.

President Pro Tem McKenna referred SCR 35 to the Committee on Rules, Joint Rules and Resolutions.

REPORTS OF STANDING COMMITTEES

Senator Clay, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 839, 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 Banks, Chairman of the Committee on Public Health and Welfare, submitted the following reports:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 701, 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 Public Health and Welfare, to which was referred SB 786, 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 854, 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 assumed the Chair.

HOUSE BILLS ON SECOND READING

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

HCS for HB 1014--Appropriations.

INTRODUCTIONS OF GUESTS

Senator Singleton introduced to the Senate, Melanie Spalding, Todd Walker, Stephen Johnson, Jeff Droz, Jason Kiefer, Ben Michel, Doug Carnahan and Ron Mitchell, Joplin.

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