Journal of the Senate

SECOND REGULAR SESSION


FORTY-FIFTH DAY--TUESDAY, MARCH 31, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, when we consider all of our blessings and the many good things You have given to us, we should be willing to share our bounty with others. Forgive us when concepts like denial, sacrifice and commitment are not a part of our service. We pray that these virtues will be lifted from our vocabulary and made a part of our lives. 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

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 1487, regarding National Cosmopolitan Day in Jefferson City, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1488, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Fred Robinett, Latham, which was adopted.

Senator Klarich offered Senate Resolution No. 1489, regarding the St. Francis Borgia Knights Boys Basketball Team, which was adopted.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1490

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Joseph "Leroy" Cox of Raytown; and

WHEREAS, Mr. Cox, who became the first Mayor of Raytown in 1950, was associated with numerous civic and charitable activities over many years spanning his entire lifetime; and

WHEREAS, Mr. Cox was born July 4, 1906, on the Cox family farm south of Raytown and after graduating from high school attended the University of Kansas; and

WHEREAS, Mr. Cox was past president of the Raytown Bank, Security Federal Savings and Loan, J. L. Cox and Son and Cox Motor Company; and

WHEREAS, Mr. Cox served as Director of the Raytown Chamber of Commerce, Board Member of the Raytown Water Company, past chairman of the Jackson County Election Board, member of the Ararat Shrine Temple, Raytown Masonic Lodge, and a life member of the Raytown Historical Society; and

WHEREAS, Mr. Cox was widely known for his involvement with the National Saddle Bred Horse Association and also for his one time ownership of Blue Ridge Stables and Blue Valley Stables; and

WHEREAS, in addition to his lifetime dedication to the City of Raytown and its people, Mr. Cox 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 a Jackson County giant, Joseph "Leroy" Cox, express their appreciation for his lifetime of good citizenship and his contributions to Raytown, Jackson County and Missouri, and extend to his family and many friends most sincere sympathy on his death; and

BE IT FURTHER RESOLVED that the Secretary of the Senate prepare properly inscribed copies of this resolution for the family of Joseph "Leroy" Cox, Raytown Mayor Jack Nesbitt, the Raytown Chamber of Commerce, the Masonic Lodge and the Raytown Historical Society.

Senator Rohrbach offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1491

WHEREAS, the General Assembly deems it worthy to support and encourage any of those programs which exist to provide Missouri's senior citizens with an opportunity to utilize their experience and knowledge in a positive and meaningful way; and

WHEREAS, the General Assembly also deems it worthy to support those programs which are designed to provide participants with opportunities to develop better citizenship and leadership qualities; and

WHEREAS, the Silver Haired Legislature is a program which helps to ensure that senior citizens have a voice in state government while giving its participants a unique insight into the legislative process; and

WHEREAS, the General Assembly has a long tradition of granting the use of its Chambers to such programs:

NOW, THEREFORE, BE IT RESOLVED that the Missouri Senate hereby grant the participants of the Silver Haired Legislature permission to use the Senate chamber for the purpose of their regular session the entire day of October 8, 1998 and until 1:00 p.m. on October 9, 1998.

Senator Rohrbach offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1492

WHEREAS, the General Assembly fully recognizes the importance of preparing our youth to become active and productive citizens through worthwhile governmental or citizenship projects; and

WHEREAS, the General Assembly has a long tradition of rendering assistance to those organizations who sponsor these projects in the interest of our young people; and

WHEREAS, one clear example of such an organization is the Missouri YMCA, which has become widely recognized for its sponsorship of the Youth in Government program; and

WHEREAS, the Missouri YMCA Youth in Government program provides its participants with a unique insight into the day to day operation of our state government;

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate that the Missouri YMCA be hereby granted permission to use the Senate Chamber for the purposes of its Youth in Government program during the period ofNovember 21, 1998 from 9:00 A.M. to 3:00 P.M. and December 3, 4 and 5, 1998.

Senator Yeckel offered Senate Resolution No. 1493, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ralph Wilke, Sr., St. Louis County, which was adopted.

REPORTS OF STANDING COMMITTEES

Senator Schneider requested unanimous consent of the Senate to suspend the rules for the purpose of reporting in a Senate Consent Bill, which request was granted.

Senator Schneider, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President: Your Committee on Judiciary, to which was referred SB 981, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

Senator House moved that SB 781, with SCS, SS for SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 was again taken up.

At the request of Senator House, the above amendment was withdrawn.

Senator House offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 50, Section 165.122, Line 14 of said page, by inserting immediately after said line the following:

"166.275. 1. Any amount of the difference by which the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1999 is less than the amount appropriated for the same purpose in fiscal year 1994 in addition to any unexpended appropriation for the 1998 fiscal year that results in additional unobligated resources for the state in fiscal year 1999 shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo.

2. If the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year [1996] 2000 or any subsequent fiscal year is less than the amount appropriated for the same purpose in fiscal year [1994] 1999, any amount of the difference, in addition to any unexpended appropriation for the prior fiscal year that results in additional unobligated resources for the state beginning in fiscal year [1997, necessary to fund the district entitlements under section 163.031, RSMo, with a district entitlement proration factor no less than one, shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo] 2000 shall be distributed as follows:

(1) Up to the first seventy-five million dollars, or such lesser amount determined by appropriation to be sufficient to fully fund district entitlements pursuant to section 163.031, RSMo, with a proration factor no less than one, of such funds shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo; and

(2) Beginning in fiscal year 2000, after distributing funds pursuant to subdivision (1) of this subsection, the next twenty-five million dollars, or such lesser amount determined optional by appropriation to be sufficient, of the remaining funds shall be transferred to fully fund increases in appropriations for transportation categorical aid provided pursuant to line 11 of subsection 6 of section 163.031, RSMo, and any remainder of such twenty-five million dollars shall be transferred to fund other categorical state aid provided pursuant to section 163.031, RSMo; and

(3) After distributing funds pursuant to subdivisions (1) and (2) of this subsection, the next twenty-five million dollars, or such amount determined by appropriation to be sufficient to fully fund district entitlements pursuant to section 163.031, RSMo, with a proration factor no less than one, of such funds shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo; and

(4) After distributing funds pursuant to subdivisions (1), (2) and (3) of this subsection, any remaining funds shall be transferred to fully fund categorical state aid provided pursuant to section 163.031, RSMo, for transportation, vocational education, special education, gifted education, remedial reading and implementation costs of assessments established pursuant to section 160.522, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator House moved that the above amendment be adopted.

Senator Westfall offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 2, Line 25 of said page, by inserting immediately after said line the following:

"(3) After distributing funds pursuant to subdivisions (1) and (2) of this subsection, up to the next five million dollars or such lesser amount determined by appropriation to fund special education transportation aid, shall be transferred to fund special education transportation aid pursuant to section 163.161, RSMo; and"; and further amend line 26 of said page 2 and line 1 of page 3, by striking "(1) and (2)" and inserting in lieu thereof the following: "(1), (2) and (3)"; and

Further amend said amendment by renumbering the remaining subdivisions accordingly.

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

Senator Wiggins assumed the Chair.

SA 2 was again taken up.

Senator Johnson assumed the Chair.

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

Senator Clay offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 23, Section 162.1100, Line 14 of said page, by inserting immediately after the period "." the following: "No operating levy or increase in the operating levy shall be established by the governing body of a transitional school district unless prior approval is obtained from a simple majority of the district's voters, provided such increase is necessary to comply with the terms of a federal court order approving an agreement to settle the desegregation litigation.".

Senator Clay moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

Senator Wiggins assumed the Chair.

Senator Mueller offered SSA 1 for SA 3:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 23, Section 162.1100, Line 14 of said page, by inserting immediately after the period "." the following: "No operating levy or increase in the operating levy shall be established by the governing body of a transitional school district unless prior approval is obtained from a simple majority of the district's voters.".

Senator Mueller moved that the above substitute amendment be adopted.

At the request of Senator House, SB 781, with SCS, SS for SCS, SA 3 and SSA 1 for SA 3 (pending), was placed on the Informal Calendar.

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 HB 1744, entitled:

An Act to repeal section 513.430, RSMo 1994, relating to property exempt from attachment, 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 adopted HCR 8.

HOUSE CONCURRENT RESOLUTION NO. 8

Creating the Harry S. Truman Tribute Commission; and for other purposes.

WHEREAS, the Honorable Harry S. Truman, former President of the United States and U.S. Senator for the state of Missouri, became one of the most honored and well respected leaders of our time; and

WHEREAS, born in Lamar, Missouri, on May 8, 1884, Harry Truman worked on the family farm for over ten years and on June 28, 1919, he married Bess Wallace, a childhood friend, with whom he fathered one child, Mary Margaret; and

WHEREAS, he served in the Missouri National Guard from 1905 to 1911, helped organize the 2nd Regiment of the Missouri Field Artillery, which served in France during World War I and fought valiantly in the campaigns of Vosges, Saint Mihiel and Meuse-Argonne, and eventually rose to the rank of colonel; and

WHEREAS, he earned a reputation for honesty and efficiency as an administrative judge of the Jackson County Court and as presiding judge of Jackson County after his election in 1926 and re-election in 1930; and

WHEREAS, upon his election to the United States Senate in 1934, he saved the taxpayers billions of dollars with his efforts to reform defense contracting practices and greatly improved transportation with the passage of the Civil Aeronautics Act of 1938 and the Transportation Act of 1940; and

WHEREAS, as Vice President, he assumed the Presidency after President Franklin D. Roosevelt passed away on April 12, 1945, and became the 33rd President of the United States; and

WHEREAS, President Truman quickly gained respect as a decisive and responsible world leader as he oversaw the end of World War II in Europe and the development and use of the world's first atomic bomb, saving American lives and bringing a quick end to the war with Japan; and

WHEREAS, he stood steadfast against Soviet expansion and influence, implementing the Truman Doctrine, the Marshall Plan, and the creation of the North Atlantic Treaty Organization; and

WHEREAS, he overcame great odds and left the political pundits dumbfounded with his victorious "Whistlestop Campaign" for re-election in 1948, making famous a photograph whose headline mistakenly proclaimed, "Dewey Defeats Truman"; and

WHEREAS, President Truman fought vigorously for the passage of civil rights legislation, the desegregation of the armed forces, and for legislation banning employment discrimination; and

WHEREAS, President Truman retired from political office in 1953 and settled down in Independence, Missouri, with his beloved Bess and continued to lecture and write until his death on December 26, 1972; and

WHEREAS, Harry S. Truman remains to this day one of the most respected presidents in our nation's history, an honest and dedicated public servant and responsible world leader; and

WHEREAS, it is fitting and proper that a tribute be created as a lasting testimony to his contributions to the state of Missouri and to the United States of America:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-Ninth General Assembly, the Senate concurring therein, hereby create the Harry S. Truman Tribute Commission to be composed of six elected members of the Missouri General Assembly as follows: three members shall be state representatives appointed by the Speaker of the House of Representatives, of which no more than two members may be of the same political party; and three members shall be state senators appointed by the President Pro Tem of the Senate, of which no more than two members may be of the same political party. The commission shall elect one member as chair. The commission is empowered to provide for the creation of an appropriate tribute to the Honorable Harry S. Truman. The commission is authorized to select the site on state property where such appropriate tribute shall be placed, provided that the site selected shall be on the grounds of the state capitol or in close proximity thereof. Such tribute shall be financed through voluntary contributions and no state funds shall be expended for such tribute or the work of the commission. The commission is authorized to accept any gift, donation, or grant in furtherance of its purpose and is authorized to work with any private group, organization, association, or corporation having for its purpose the same purpose as the commission created in this resolution. The commission shall meet as soon as practicable after all members have been designated. The commission shall exist until its purpose is accomplished, at which time it shall be abolished.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 9.

HOUSE CONCURRENT RESOLUTION NO. 9

WHEREAS, Missouri Highway 21 is located at approximately the same latitude as the Republic of Korea, from 36 to 38 north of the equator; and

WHEREAS, several cities in Missouri along Highway 21 are located at the same approximate latitude as cities in the Republic of Korea: Hillsboro, Missouri and Kumwah, Korea at 38.14; Potosi, Missouri and Chunchon, Korea at 37.56; Ironton, Missouri and Seoul, Korea at 37.36; and

WHEREAS, the veterans who served in the Korean War gave themselves for their country from 1950 to the present day and will always be remembered by their friends and loved ones for their courage and bravery during the Korean War and its aftermath; and

WHEREAS, the veterans of the Korean War and their friends and loved ones will always remember the locations of the defensive stands and offensive maneuvers, the heavy losses and the jubilant victories, including the two losses of Seoul, the defense of Pusan, the recoveries of Seoul, the drive to the objectives of Punchbowl, Bloody Ridge and Heartbreak Ridge, and the final armistice at Panmunjom near the 38th parallel; and

WHEREAS, the losses of United States troops during the Korean War numbered at least 34,000 up through the present day and over 54,000 when including all causes; and

WHEREAS, veterans of the Korean War and other wars should be recognized for their courage and bravery in support of freedom:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-ninth General Assembly, Second Regular Session, the Senate concurring therein, that the Highways and Transportation Commission of the State of Missouri name Highway 21 throughout the state as the Veterans Memorial Highway; and

BE IT FURTHER RESOLVED that the Highways and Transportation Commission of the State of Missouri name the section of Missouri Highway 21 from 10 miles north of the 38th parallel to 10 miles south of the 38th parallel as the Korean War Memorial Highway; and

BE IT FURTHER RESOLVED that the Missouri Department of Transportation place signs along Highway 21 indicating its designation as the Veterans Memorial Highway and the Korean War Memorial Highway, as well as a plaque at the 38th parallel recalling the events of the Korean War; and

BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Missouri Highways and Transportation Commission, the Governor of Missouri, the Korean War Veterans Association and the Missouri Association of Veterans Organizations.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 20.

HOUSE CONCURRENT RESOLUTION NO. 20

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 office holder 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 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:

NOW, THEREFORE, BE IT RESOLVED that in tribute and respect to the legacy and service that Missouri's most famous Irishman, James C. Kirkpatrick, provided to the citizens of Missouri throughout his life, the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, Second Regular Session, the Senate 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 Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Office of Administration and the Secretary of State's Office.

In which the concurrence of the Senate is respectfully requested.

HOUSE BILLS ON SECOND READING

The following Bills were read the 2nd time and referred to the Committees indicated:

HB 944--Local Government and Economic Development.

HB 950--Agriculture, Conservation, Parks and Tourism.

HB 955--Education.

HB986--Financial and Governmental Organization.

HB 996--Corrections and General Laws.

HB 1046--Elections, Pensions and Veterans' Affairs.

HB 1066--Ways and Means.

HB 1080--Insurance and Housing.

HB 1084--Elections, Pensions and Veterans' Affairs.

HB 1090--Insurance and Housing.

HB 1103--Civil and Criminal Jurisprudence.

HB 1107--Civil and Criminal Jurisprudence.

HB 1113--Local Government and Economic Development.

HB 1145--Local Government and Economic Development.

HB 1149--Corrections and General Laws.

HB1157--Financial and Governmental Organization.

HB 1158--Agriculture, Conservation, Parks and Tourism.

HB 1201--Local Government and Economic Development.

HB 1216--Commerce and Environment.

HB1228--Financial and Governmental Organization.

HB 1272--Education.

HB 1274--Aging, Families and Mental Health.

HB 1293--Local Government and Economic Development.

HB 1304--Local Government and Economic Development.

HCS for HB 1315--Insurance and Housing.

HB 1352--Local Government and Economic Development.

HB 1357--Civil and Criminal Jurisprudence.

HB 1480--Local Government and Economic Development.

HB 1410--Transportation.

HB 1419--Public Health and Welfare.

HB 1444--Civil and Criminal Jurisprudence.

HB 1468--Local Government and Economic Development.

HB 1507--Ways and Means.

HB 1528--Civil and Criminal Jurisprudence.

HB 1531--Ways and Means.

HB1556--Aging, Families and Mental Health.

HB1571--Financial and Governmental Organization.

HB 1586--Civil and Criminal Jurisprudence.

HB 1596--Transportation.

HB 1607--Elections, Pensions and Veterans' Affairs.

HB 1705--Corrections and General Laws.

HB 1718--Elections, Pensions and Veterans' Affairs.

HB 1730--Transportation.

HB 1734--Local Government and Economic Development.

HB 1747--Education.

HB 1748--Labor and Industrial Relations.

HB 1791--Interstate Cooperation.

HB 1802--Transportation.

HB1805--Aging, Families and Mental Health.

HB 1859--Agriculture, Conservation, Parks and Tourism.

HB 1869--Agriculture, Conservation, Parks and Tourism.

HB 1880--Judiciary.

On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

RESOLUTIONS

Senator Lybyer offered Senate Resolution No. 1494, regarding Harold Schutt, which was adopted.

Senator Mathewson offered Senate Resolution No. 1495, regarding the Seventy-fifth Anniversary of Fitzgibbon Hospital, Marshall, which was adopted.

Senator House offered Senate Resolution No. 1496, regarding Robert Andrew Rescot, St. Charles, which was adopted.

Senators Ehlmann and House offered Senate Resolution No. 1497, regarding Ryan Stuart Allen, St. Charles, which was adopted.

Senator Clay offered Senate Resolution No. 1498, regarding the Afro-American Postal League United for Success, which was adopted.

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, to which was referred SCS for SB 765, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

BILL REFERRALS

President Pro Tem McKenna referred SCS for SB 765 to the Committee on State Budget Control.

SENATE BILLS FOR PERFECTION

Senator House moved that SB 781, with SCS, SS for SCS, SA 3 and SSA 1 for SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 1 for SA 3 was again taken up.

Senator Russell requested a roll call vote be taken on the adoption of SSA 1 for SA 3 and was joined in his request by Senators Childers, Clay, Ehlmann and Mueller.

Senator Johnson assumed the Chair.

Senator Mueller moved that SSA 1 for SA 3 be adopted, which motion failed by the following vote:

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

SA 3 was again taken up.

At the request of Senator Clay, the above amendment was withdrawn.

President Pro Tem McKenna assumed the Chair.

Senator Scott offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 23, Section 162.1100, Line 14 of said page, by inserting immediately after the period "." the following: "No operating levy or increase in the operating levy shall be established for a transitional school district unless prior approval is obtained from a simple majority of the district's voters.".

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

Senator Sims offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 15, Section 162.1060, Line 2 of said page, by inserting immediately after "2.", the following "(1)"; and

Further amend line 12 of said page, by inserting after all of said line, the following:

"(2) Each district, other than a metropolitan school district, participating in an urban voluntary school transfer program shall place before voters in the district a proposal to continue participation in the urban voluntary school transfer program at the April election during the fourth year of operation of the program. Unless a majority of district voters voting thereon vote to continue participation in the program, each district, other than a metropolitan school district, shall file a plan, no later than the end of the fifth year of the operation of the program, for phase-out of the district's participation in the program, and such plan shall be provided to the state board of education, the transitional school district and the board of directors of the corporation. Each such plan shall provide for elimination of transfers to the district pursuant to this section no later than the following schedule:

(a) The seventh year of the program for grades one through three;

(b) The eighth year of the program for grades four through six;

(c) The ninth year of the program for grades seven through nine; and

(d) The tenth year of the program for grades ten through twelve.".

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

Senator Caskey offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 16, Section 162.1060, Lines 12-18 of said page, by striking all of said lines and inserting in lieu thereof the following: "corporation shall also receive a payment of twenty-five million dollars."; and

Further amend said bill, Page 16, Section 162.1060, Line 24 of said page, by inserting immediately after said line the following:

"(3) Funds received by the corporation pursuant to this subsection may be used for any purpose and need not be expended in the year received.".

Senator Caskey moved that the above amendment be adopted.

At the request of Senator House, SB 781, with SCS, SS for SCS and SA 6 (pending), was placed on the Informal Calendar.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and CCS for HB 1014, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

RESOLUTIONS

Senator Banks offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1499

WHEREAS, it is always a special occasion when the Missouri Senate pauses to recognize Missouri's outstanding citizens as they observe significant milestones in their lives; and

WHEREAS, it has come to the attention of this body that Mrs. Hester Rachel Walls Davis, a distinguished citizen and resident of the City of St. Louis is celebrating her one hundred second birthday today; and

WHEREAS, Mrs. Davis, who was born in Huntingdon, Tennessee on March 31, 1896, has resided in the City of St. Louis since April 20, 1920. She was baptized in the Holy spirit and became a member of the Temple Church of Christ under the pastorage of the late Bishop Austin Augustus Layne. She was married to the late Deacon Sam B. Davis, who was also a member of Temple Church of Christ; and

WHEREAS, it has been made known to the Missouri Senate that as a wife, mother and grandmother she has always been deeply interested in the welfare of all people and merited praise for her service in many capacities in her church, including the church food service, membership in the Missionary Society, Usher Board, President of the Charity Workers and of the Prayer Band; and on the Church Ministry Staff; and

WHEREAS, the latter is her favorite position in which she was noted for her exceptional service in the mid-1980's when she was involved in a ministry at the prison and visited inmates weekly; as a result, more than 39 inmates were baptized on a single night in a cold water trough behind the prison; and

WHEREAS, Mrs. Davis is the adored matriarch of a family which includes one sister, one daughter, six grandchildren, twenty-five great grandchildren, more than 35 great-great grandchildren and a host of nieces, nephews and other family members who, in addition to her friends, view her as a trusted confidante and counselor whose youthful outlook and long experience helps to steer them on the right path; and

WHEREAS, it is with warm affection that the Senate pays tribute to this delightful woman as she marks this passage to her one hundred second year as an esteemed citizen and family member;

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, Second Session, join Senator J. B. "Jet" Banks in extending our birthday greetings and hearty congratulations to Mrs. Hester Rachel Walls Davis, and further extend our best wishes for her continued happiness and fulfillment; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mrs. Davis as a mark of our esteem for her.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Violet Corbett, Knob Noster; the Honorable Mary Ellen Young, Holden; and Jane Abington and Chloe Elfrink, Warrensburg.

Senator Lybyer introduced to the Senate, Brandi Abbey, Mountain View; and Freddie Doyle, Willow Springs.

Senator Childers introduced to the Senate, Chuck and Terry Puckett, and their children, Courtney, Kimberley and Carrie, homeschoolers from Branson; and Courtney, Kimberley and Carrie were made honorary pages.

Senator Childers introduced to the Senate, Josh Redfield, West Plains.

Senator Graves introduced to the Senate, Ann Hurst, Tarkio.

Senator Flotron introduced to the Senate, Amber Watson, Florissant.

Senator Flotron introduced to the Senate, forty-five eighth grade students from St. Monica School, St. Louis.

On behalf of Senator Jacob, Senator Rohrbach introduced to the Senate, Elizabeth Clabine, Columbia.

Senator Bentley introduced to the Senate, Kelly Meaher, Springfield.

Senator Kenney introduced to the Senate, Diane Perkins, Belton; and Diane was made an honorary page.

Senator Ehlmann introduced to the Senate, Stephanie Harris, St. Charles.

Senator Yeckel introduced to the Senate, Lisa Wehner, St. Louis County.

Senator Klarich introduced to the Senate, Joy Gerstein, Washington.

Senator Childers introduced to the Senate, Sarah Coney, Houston.

Senator Westfall introduced to the Senate, Larue Lemons, Lockwood.

Senator Singleton introduced to the Senate, Gayle, Jimmy and Teresa Creel, Joplin; and Teresa was made an honorary page.

Senator Russell introduced to the Senate, Mary Ann, Leanore, Rebecca and Robert McGregor, homeschoolers from Mountain Grove; and Vicki, Jeanette, Leanna and Richard Baumer, homeschoolers from Mansfield; and Leanore, Rebecca, Robert, Jeanette, Leanna and Richard were made honorary pages.

Senator Russell introduced to the Senate, Jeanette Whipple, Shirley Burris, Tane Burris, Angela O'Quinn, Jennifer Foltz and McKenzie Maggard, Lebanon; and Angela, Jennifer and McKenzie were made honorary pages.

Senator Westfall introduced to the Senate, the Physician of the Day, Dr. Ben Koon, Bolivar.

Senator Singleton introduced to the Senate, Roy Jean Carter, and forty-seven fourth grade students from Newton County.

Senator Graves introduced to the Senate, Monica Patton, Alice Neville, Lawrence Cline and Lisa Goedken, Nodaway County.

Senator Yeckel introduced to the Senate, Jana Shepard, and Webelos Pack 267 from Beasley School, St. Louis; and Nathan L Shepard, Christopher R. Muehlfarth, Donald M. Marler, Brian J. Kremer, Jeffrey T. Carroll and Jeffrey M. Matthews were made honorary pages.

Senator Westfall introduced to the Senate, Mary Clark and Melissa Warson, Humansville.

Senator Caskey introduced to the Senate, Gary, Cathy and Amanda Lowe, Josh Woodard and Rachael Sano, Warrensburg; and Amanda, Josh and Rachael were made honorary pages.

Senator Lybyer introduced to the Senate, Robert Joens and Rick Dixon, Houston.

Senator Kenney introduced to the Senate, Tammy Coleman and Jean Swathard, Gladstone.

Senator Russell introduced to the Senate, Bob and Linda Caulter, and their grandchildren, Lori and Robby Dyer, homeschoolers from Buffalo.

Senator Sims introduced to the Senate, Janet Held and Mary Lou Bayer, St. Louis.

Senator DePasco introduced to the Senate, Sarah Rathke, Lee's Summit; and Sarah was made an honorary page.

Senator Westfall introduced to the Senate, Dave Plemmons, Republic; and Donna Roberts, Christie Evans, Melinda Roberts, Misty Durham, Sheila Drake, Kathy Drake and Linda Porter, Bolivar.

Senator Westfall introduced to the Senate, Darla and Brenda Dodson, Dadeville; Kimberly Jones and Ella Whaley, Lockwood; Janis Decker, Greenfield; and Joe McGee, Kathleen McGee and Betty Ringgenberg, Everton.



On behalf of Senator Bentley and himself, Senator Westfall introduced to the Senate, Andrew Purvis, Springfield.

Senator Bentley introduced to the Senate, Dale Wagner and Thelma Neff, Springfield.

Senator Caskey introduced to the Senate, residents of Foxwood Springs, Raymore.

Senator Howard introduced to the Senate, Clete and Joann Stanfill, Caruthersville.

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