Journal of the Senate

SECOND REGULAR SESSION


THIRTY-FOURTH DAY--THURSDAY, MARCH 5, 1998


The Senate met pursuant to adjournment.

Senator Staples in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, it may seem like a little thing, but it may help someone make it through the day. Lord, lead us to those who need a friendly smile, a warm handshake, a pat on the back or a word of encouragement. Lead those who have these things in abundance to us and inspire us to pass it on. 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 DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
Absent with leave--Senators
Curls Kinder--2


RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 1298, regarding the Helias High School Wrestling Team, Jefferson City, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1299, regarding Brian C. Hauswirth, Jefferson City, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1300, regarding Dr. Jeanne K. Schwaller, Jefferson City, which was adopted.

Senator Quick offered Senate Resolution No. 1301, regarding Jeremy Lynn Clevenger, Parkville, which was adopted.

THIRD READING OF SENATE BILLS

SB 489, with SCS, introduced by Senator Goode, entitled:

An Act to repeal section 144.025, RSMo 1994, relating to taxation, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 489, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 489

An Act to repeal section 144.025, RSMo 1994, relating to taxation, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

President Pro Tem McKenna assumed the Chair.

Senator Goode moved that SCS for SB 489 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for SB 489 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Goode
Jacob Johnson Kenney Klarich
Lybyer Mathewson McKenna Mueller
Quick Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--26
NAYS--Senators
Graves Howard Rohrbach--3
Absent--Senators
Clay House Maxwell--3
Absent with leave--Senators
Curls Kinder--2

The President Pro Tem declared the bill passed.

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

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

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

SB 558, introduced by Senator Wiggins, entitled:

An Act to repeal section 144.062, RSMo 1994, relating to certain sales tax exemptions, 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 Wiggins, SB 558 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Kenney Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Johnson--2
Absent with leave--Senators
Curls Kinder--2

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

SB 634, with SCS, introduced by Senator Westfall, entitled:

An Act to repeal sections 577.020 and 577.041, RSMo Supp. 1997, relating to motor vehicles, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions and an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 634, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 634

An Act to repeal sections 577.020 and 577.041, RSMo Supp. 1997, relating to motor vehicles, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up.

Senator Westfall moved that SCS for SB 634 be adopted, which motion prevailed.

On motion of Senator Westfall, SCS for SB 634 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

HOUSE BILLS ON THIRD READING

HCS for HB 1014, with SCS, entitled:

An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 1998.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1014, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1014An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 1998.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1014 be adopted.

Senator Johnson announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

Senator DePasco offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1014, Page 6, Section 14.080, by deleting said section in its entirety.

Senator DePasco moved that the above amendment be adopted.

At the request of Senator DePasco, SA 1 was withdrawn.

Senator Schneider offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1014, Page 4, Section 14.045, Line 3, by inserting after the word "Equipment" on said line the following ", for purchase of computer hardware and software relating to computerization of lobbyist reports, and for no other

purpose............................................$187,400

Expense and Equipment, for postage and no other purpose.........................................$35,000".

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

Senator Lybyer moved that SCS for HCS for HB 1014, as amended, be adopted, which motion prevailed.

Under the provisions of Senate Rule 90, Senator Maxwell requested consent of the Senate to be excused from voting on SCS for HCS for HB 1014, as amended, which request was granted.

On motion of Senator Lybyer, SCS for HCS for HB 1014, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Klarich Lybyer
Mathewson McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Staples Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators
Curls Kinder Singleton--3
Excused from voting--Senator Maxwell--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Johnson assumed the Chair.

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 610 and SB 835, with SCS, respectfully requests that they 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 897, 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 849, 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, to which were referred SS for SCS for SB 596; and SB 487, 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 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:

Marcella W. Williams and Mary E. Breckenridge, as members of the State Board of Health;

Also,

Dawn M. Parsons, as a member of the Missouri Veterinary Medical Board;

Also,

Michael R. Seever and Jeanne R. Rhoades, as members of the Advisory Commission for Clinical Perfusionists;

Also,

Michael E. Joseph, as a member of the State Board of Registration for the Healing Arts;

Also,

Linda R. Blake, as a member of the Missouri Real Estate Appraisers 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.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Quentin C. Wilson, as Director of the Department of Revenue, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Jacob moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

REFERRALS

President Pro Tem McKenna referred SS for SB 724 to the Committee on State Budget Control.

HOUSE BILLS ON SECOND READING

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

HJR 39--Corrections and General Laws.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Monte Olsen, Tomas Ondrusek, Slovakia; Julia Richter, Germany; Anders Nielsen, Denmark; Mishela Mullins, West Plains; and Andrew and Dave Olsen, Belton; and Tomas, Julia, Anders, Mishela, Andrew and Dave were made honorary pages.

Senator Westfall introduced to the Senate, Dan Johnson and eighth grade students from Aurora; and John Hammond, Jared White, Jennifer Lacy and Tarah Real were made honorary pages.

Senator Schneider introduced to the Senate, students from Brown Elementary School, St. Louis County; and Nadia Leos, Leah Roff, Marianne Murchison and Kelly George were made honorary pages.

Senator Singleton introduced to the Senate, Elza Winter, Diamond; and Bob and Carolyn Smith, Seneca.

On behalf of Senator Staples, the President introduced to the Senate, Jessie Williams and a group of associate nurses from Mineral Area College.

Senator Westfall introduced to the Senate, Fred Lotz, Homer Guernsey and the Voice of Democracy winners, Stockton; and Sarah Jeffries, Jennifer Camp and Kerri Albricht were made honorary pages.

Senator Flotron introduced to the Senate, nineteen students from Pattonville High School, Maryland Heights.

On behalf of Senator Bentley and himself, Senator Westfall introduced to the Senate, Lane Baxter, Wayne Butler and Marvin Grier, Greene County.

Senator Sims introduced to the Senate, seventy-five eighth grade students from McKinley Classical Junior Academy, St. Louis; and Carl Duncan, Jason Weaver, Rachel Harris and Anriada Mehmeti were made honorary pages.

Senator Schneider introduced to the Senate, Frances Dennis, Donna Wallner and thirty nursing students from Florissant Valley Community College.

Senator Singleton introduced to the Senate, Barbara and Steve Hunter, Jasper.

Senator Ehlmann introduced to the Senate, Earl Heitman and Paul Wilke, St. Charles County.

Senator Westfall introduced to the Senate, Bernard M. Kertz, Huntsville; Drexel R. Atkisson, Everton; Connie and Bob Zwingle, Greenfield; and Boyd Arthur, La Russell.

Senator Caskey introduced to the Senate, Kevin Fisher, Bates County.

Senator Russell introduced to the Senate, Dayle Nelson and Owen Smith, Buffalo.

Senator Graves introduced to the Senate, thirty nursing students from Trenton North Central Missouri College.

Senator Rohrbach introduced to the Senate, Harold Raithel and Norma Hackamack, Jefferson City; and Mr. and Mrs. Leroy Stegner, Pilot Grove.



On behalf of Senator McKenna, the President introduced to the Senate, Farm Bureau county leaders from across the state.

Senator Rohrbach introduced to the Senate, Baktigul Kurmanbekovna Turdubekova, Kyrgyzstan; Katya Ryazantseva and Ksenya Nicolaievna Lepeshko, Russia; and Camille Segard, France.

Senator Quick introduced to the Senate, George and Eva Smith, and their children, Nathan, Rachel and Elizabeth, Clay County; and Nathan, Rachel and Elizabeth were made honorary pages.

On behalf of Senator McKenna, the President introduced to the Senate, Ms. Weiter, and twenty-seven seventh grade students from St. Joseph's Catholic School, Kimmswick; and Denis Ditch, Adam Peetz, Katie Hoffmeister and Shelley Price were made honorary pages.

On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, March 9, 1998.