Journal of the Senate

SECOND REGULAR SESSION


THIRTY-FIFTH DAY--MONDAY, MARCH 9, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, help us to practice what is moral and not just what is legal; what is right, not just what is acceptable; and what is best for the people and not just what is popular. We pray that our leaders will take the high road, not just the well traveled; will make choices that are morally correct and not just politically correct. 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 for Thursday, March 5, 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 House 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 Graves--1


RESOLUTIONS

Senator House offered Senate Resolution No. 1302, regarding Keith A. Smith, O'Fallon, which was adopted.

Senator Schneider offered Senate Resolution No. 1303, regarding William Timothy (Billy) Levins, Florissant, which was adopted.

Senator Schneider offered Senate Resolution No. 1304, regarding Elmer F. Rudroff, Florissant, which was adopted.

Senator Russell offered Senate Resolution No. 1305, regarding Donald L. Clark, Lebanon, which was adopted.

Senator Yeckel offered Senate Resolution No. 1306, regarding Joseph "Joe" Matuszak, St. Louis, which was adopted.

Senator Singleton offered Senate Resolution No. 1307, regarding James "Jim" Lawrence, Roanoke, Virginia, which was adopted.

Senator Sims offered Senate Resolution No. 1308, regarding Bob Biribin, Bridgeton, which was adopted.

Senator Sims offered Senate Resolution No. 1309, regarding the Collier Family, St. Ann, which was adopted.

Senator Sims offered Senate Resolution No. 1310, regarding Bette O'Keefe, St. Louis, which was adopted.

Senator Singleton offered Senate Resolution No. 1311, regarding Stephen Radford, which was adopted.

Senator Quick offered Senate Resolution No. 1312, regarding Grant Hensel, Liberty, which was adopted.

Senator Schneider offered Senate Resolution No. 1313, regarding James Stephen Parks, Jr., Florissant, which was adopted.

Senator Wiggins offered Senate Resolution No. 1314, regarding the death of Billie B. Brandt, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1315, regarding the death of Gladys P. Eichenberger, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 1316, regarding the death of William "Bill" John Donath, Jr., Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1317, regarding the death of Annie Byrl Reardon Poindexter, Independence, which was adopted.

Senator Wiggins offered Senate Resolution No. 1318, regarding the death of Mr. Frank Stein, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1319, regarding the death of Billy Dean Ragar, Grandview, which was adopted.

Senator Wiggins offered Senate Resolution No. 1320, regarding the death of Sarah "Ann" Russell Smith, Overland Park, Kansas, which was adopted.

Senator Wiggins offered Senate Resolution No. 1321, regarding the death of Rose Silverman, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1322, regarding the death of Mr. Edwin I. Allen, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1323, regarding the death of Mrs. Mary McClellan Lyons, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1324, regarding the death of Margaret Smith Brinkman, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1325, regarding the death of Elizabeth M. Brooks, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 1326, regarding the death of Congetta Accurso, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1327, regarding the death of Albert N. "Bud" Mayer, which was adopted.

Senator Wiggins offered Senate Resolution No. 1328, regarding the death of Charles C. H. Shoemaker, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1329, regarding the death of Carolyn JoAnn Sallee Fennewald, Kansas City, which was adopted.

Senator Flotron offered Senate Resolution No. 1330, regarding the GALACTIC Program at the Hazelwood School District, which was adopted.

Senator House offered Senate Resolution No. 1331, regarding Missouri Winter Texan Day, which was adopted.

Senators Wiggins and House offered Senate Resolution No. 1332, regarding Julie B. Peetz, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1333, regarding Dustin Lee Rosenburg, Foristell, which was adopted.

CONCURRENT RESOLUTIONS

Senator Caskey offered the following concurrent resolution, which was read:

SENATE CONCURRENT RESOLUTION NO. 36

WHEREAS, the smiling Irish eyes of James "Jimmy" C. Kirkpatrick graced the Secretary of State's office for twenty years, an achievement that bestowed on him the singular honor of having served the citizens of Missouri in statewide office longer than any other officeholder in Missouri history; and

WHEREAS, those smiling Irish eyes of James C. Kirkpatrick stole away the hearts of more than 8.4 million Missouri voters during his career, a record unparalleled by any other Missouri officeholder; and

WHEREAS, throughout his career in public office, James C. Kirkpatrick wore the badges of honor, integrity, and character as nobly and proudly as he wore the Irish green, exemplifying what a special opportunity and privilege public service can be when it is conducted in a context of mutual respect between the officeholder and the citizens represented; and

WHEREAS, as Secretary of State, James C. Kirkpatrick performed the duties of his high office in an innovative, efficient, effective, and responsible manner that maintained public trust and confidence and emphasized fair service to all citizens; and

WHEREAS, the strong leadership of James C. Kirkpatrick extended not only to government, but to education, business, politics, and the media as well as in his continual efforts to improve the quality of life for all Missourians; and

WHEREAS, James C. Kirkpatrick earned the title of Missouri's senior statesman by dedicating his life to the service of others with an enthusiasm for life and a genuine concern for his fellow citizens that elicited the admiration and respect of every Missouri citizen; and

WHEREAS, throughout his life, James C. Kirkpatrick shared his knowledge and wisdom as a mentor to countless government officials and students interested in learning more about government; and

WHEREAS, because of his outstanding public service, both in and out of elective office, James C. Kirkpatrick will be forever known as one of Missouri's most beloved public figures; and

WHEREAS, James C. Kirkpatrick's unprecedented admiration for and dedication to the people of Missouri flowed as freely as his green ink; and

WHEREAS, for 92 years the world seemed bright and gay because the happy Irish heart of James C. Kirkpatrick opened its great humanity to every person he met; and

WHEREAS, during his glorious tenure as Secretary of State, James C. Kirkpatrick established Missouri's first Records Management and Archives Service; and

WHEREAS, in 1991, the Missouri State Information Center was constructed to house that and the other divisions of the Missouri Secretary of State's office that James C. Kirkpatrick administered so magnificently; and

NOW, THEREFORE, BE IT RESOLVED that in tribute and respect to the legacy and service Missouri's most famous Irishman, James C. Kirkpatrick, provided to the citizens of Missouri throughout his life, the members of the Missouri Senate of the Eighty-ninth General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby declare the Missouri State Information Center shall hereinafter be known as the James C. Kirkpatrick State Information Center; and

BE IT FURTHER RESOLVED, that the Office of Administration shall be instructed to make appropriate changes to all printed material and signage to reflect this action in commemoration of this great Missourian; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Office of Administration and the Secretary of State's Office.

Senator Caskey moved that the entire membership be shown on the concurrent resolution, which motion prevailed.

Senator Caskey requested unanimous consent of the Senate to suspend the rules so that SCR 36 may be taken up for adoption, which request was granted.

On motion of Senator Caskey, SCR 36 was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode 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--None
Absent with leave--Senators
Graves Schneider--2


THIRD READING OF SENATE BILLS

SB 649, with SCS, introduced by Senator House, entitled:

An Act to repeal section 301.142, RSMo Supp. 1997, relating to physically disabled license plates and placards, 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 649, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 649

An Act to repeal section 301.142, RSMo Supp. 1997, relating to license plates for the physically disabled, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator House moved that SCS for SB 649 be adopted, which motion prevailed.

On motion of Senator House, SCS for SB 649 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode House 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--Senator Bentley--1
Absent with leave--Senators
Graves Schneider--2

The President Pro Tem declared the bill passed.

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

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

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

SB 842, introduced by Senator Caskey, entitled:

An Act to repeal section 217.360, RSMo Supp. 1997, relating to offenses committed on the premises of correctional centers, 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 842 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode 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--None
Absent with leave--Senators
Graves Schneider--2

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

SB 820, with SCS, introduced by Senator Ehlmann, entitled:

An Act to repeal section 67.1000, as enacted by conference committee substitute for senate committee substitute for house committee substitute for house bill no. 3 of the second extraordinary session of the eighty-ninth general assembly, relating to local tourism taxes of municipalities and other political subdivisions, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was called from the Consent Calendar and taken up.

SCS for SB 820, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 820

An Act to repeal section 67.1000, as enacted by conference committee substitute for senate committee substitute for house committee substitute for house bill no. 3 of the second extraordinary session of the eighty-ninth general assembly, relating to local tourism taxes of municipalities and other political subdivisions, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was taken up.

Senator Ehlmann moved that SCS for SB 820 be adopted, which motion prevailed.

On motion of Senator Ehlmann, SCS for SB 820 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode House 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--Senator Howard--1
Absent with leave--Senators
Graves Schneider--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 Curls DePasco Ehlmann
Flotron Goode 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--None
Absent with leave--Senators
Graves Schneider--2

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

Senator Ehlmann 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 Russell moved that SB 538, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

Senator Russell moved that the above amendment be adopted.

Senator Russell offered SSA 1 for SCA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 538, Page 1, Section 1, Line 4, by inserting after the word "compensation" the following: "or holds himself or herself out as a qualified electrician or plumber"; and

Further amend said bill, Page 1, Section 1, Line 18, by inserting after all of said line the following:

"5. Those persons performing electrical work as part of their employment by any utility, including, but not limited to, any such utility that is created or regulated pursuant to chapter 91, RSMo, chapter 393, RSMo, or chapter 394, RSMo, or as part of their employment by a railroad corporation, as defined in section 388.010, RSMo, shall not be subject to licensure pursuant to this section.

6. No electrician or plumber who is employed on a full-time basis, and not as an independent contractor, by a company to do electrical or plumbing installation or maintenance for such company on such company's property shall be subject to licensure pursuant to the provisions of this section.".

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

On motion of Senator Russell, SB 538, as amended, was declared perfected and ordered printed.

Senator House moved that SB 641 be taken up for perfection, which motion prevailed.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 641, Page 1, Section 173.260, Lines 8-10, by striking all of said lines and inserting in lieu thereof the following:

"(3) "Employee", any full-time state employee [of the department of highways and transportation engaged in the construction or maintenance of the state's highways, roads and bridges] as defined pursuant to section 105.800, RSMo;"; and

Further amend said bill, Page 2, Section 173.260, Line 26, by inserting after the word "officer" the words "or employee"; and further amend said page and section, line 27, by inserting after the word "officer" the words "or employee"; and further amend said page and section, line 37, by inserting after the word "officer" the words "or employee"; and further amend said section, page 3, line 81, by inserting after the word "officer" the words "or employee"; and further amend said page and section, line 84, by inserting after the word "officer" as it appears the first time the words "or employee"; and further amend said page, section and line, by inserting after the word "officer" as it appears the second time the words "or employee".

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

Senator Mueller offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 641, Page 3, Section 173.260, Line 86, by inserting after said line the following:

"Section 1. Any citizen of Missouri killed or permanently and totally disabled while engaging in any action which would be considered line of duty if performed by a public safety officer shall be eligible for all the benefits provided for public safety officers pursuant to Section 173.260."; and

Further amend the title and enacting clause accordingly.

Senator Mueller moved that the above amendment be adopted.

Senator Jacob raised the point of order that SA 2 is out of order in that it goes beyond the scope and purpose of the bill.

Senator Banks assumed the Chair.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

Senator Johnson assumed the Chair.

Senator Mueller moved that SA 2 be adopted, which motion prevailed.

On motion of Senator House, SB 641, as amended, was declared perfected and ordered printed.

MESSAGES FROM THE HOUSE

The following message was 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 refuses to adopt SCS for HCS for HB 1014, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 5, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Janice Lea Dye, Democrat, 20600 Hwy T. Waynesville, Pulaski County, Missouri 65583, as a member of the Southwest Missouri State University Board of Governors, for a term ending January 1, 2003, and until her successor is duly appointed and qualified; vice, James R. Craig, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 5, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Paul L. Redfearn, Democrat, 3909 N.E. Clearbrook, Lee's Summit, Jackson County, Missouri 64064, as a member of the Southwest Missouri State University Board of Governors, for a term ending January 1, 2003, and until his successor is duly appointed and qualified; vice, George R. Blakemore, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Donald L. Hiatte, P.E., 3988 County Road 436, New Bloomfield, Callaway County, Missouri 65063, as a member of the Missouri State Board of Architects, Professional Engineers and Land Surveyors, for a term ending December 13, 2001, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Jeffrey D. Cawlfield, Democrat, 820 Innsbrook Apt. A, Rolla, Phelps County, Missouri 65401, as a member of the Dam and Reservoir Safety Council, for a term ending April 3, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Dean E. Freeman, Republican, 33862 Holt 250, Oregon, Holt County, Missouri 64473, as a member of the Dam and Reservoir Safety Council, for a term ending April 3, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Craig F. Lowther, 2415 East Raynell, Springfield, Greene County, Missouri 65804, as a public member of the Missouri Real Estate Commission, for a term ending August 16, 2002, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Ronald L. Phillips, M.D., Democrat, 1700 South Cottage Grove, Kirksville, Adair County, Missouri 63501, as a member of the State Board of Registration for the Healing Arts, for a term ending August 13, 2000, and until his successor is duly appointed and qualified; vice, Nicholas F. Robinson, M.D., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 6, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Robert G. Schemenauer, Democrat, 4003 Cambridge Circle, Jefferson City, Cole County, Missouri 65109, as a member of the Public Service Commission, for a term ending January 4, 2001, and until his successor is duly appointed and qualified; vice, Karl Zobrist, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem McKenna referred the above appointments to the Committee on Gubernatorial Appointments.

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on Corrections and General Laws, submitted the following report:

Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 925, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.



INTRODUCTIONS OF GUESTS

On behalf of Senator Lybyer and himself, Senator Klarich introduced to the Senate, Anna Hardecke, Owensville.

Senator Mueller introduced to the Senate, Dan Fauska, and his children, Anthony, Kent and Sarah, St. Louis; and Anthony and Kent were made honorary pages.

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