Journal of the Senate

SECOND REGULAR SESSION


FORTY-EIGHTH DAY--MONDAY, APRIL 6, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, we are thankful for the life of Senator Jim Strong, for his dedication to service, for all that he did for the people of our state. We are thankful for those, who like Jim Strong, don't check out their Christianity when they check in at the Legislature. 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, April 2, 1998, was read and approved.

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

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
The Lieutenant Governor was present.

RESOLUTIONS

Senator Singleton offered Senate Resolution No. 1504, regarding Aaron Cooper, Neosho, which was adopted.

Senator Mathewson offered Senate Resolution No. 1505, regarding the One Hundredth Anniversary of the Osage Chapter of the Daughters of the American Revolution, which was adopted.

Senator Mathewson offered Senate Resolution No. 1506, regarding the One Hundredth Anniversary of the Veterans of Foreign Wars of the United States, which was adopted.

Senator Wiggins offered Senate Resolution No. 1507, regarding the death of Harold A. Proctor, which was adopted.

Senator Wiggins offered Senate Resolution No. 1508, regarding the death of William Eugene "Bill" Mohart, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 1509, regarding the death of Robert H. Williams, Leawood, Kansas, which was adopted.

Senator Wiggins offered Senate Resolution No. 1510, regarding the death of Bernard Joseph Lillis, Jr., which was adopted.

Senator Wiggins offered Senate Resolution No. 1511, regarding the death of Kendall E. King, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1512, regarding the death of Donald E. Cox, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1513, regarding the death of John Patrick Donahue, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1514, regarding the death of Thomas K. Milligan, which was adopted.

Senator Wiggins offered Senate Resolution No. 1515, regarding the death of John Richard "Jack" Senter, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1516, regarding the death of Margery N. (Stephens) Ramsey, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 1517, regarding the death of Dorothy F. Nobrega, which was adopted.

Senator Wiggins offered Senate Resolution No. 1518, regarding the death of Anna O. Howell, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1519, regarding the death of Mary Alice Hawks, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1520, regarding the death of Lorene K. Glasscock, Grandview, which was adopted.

Senator Wiggins offered Senate Resolution No. 1521, regarding the death of Hazel Irene Christy, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1522, regarding the death of Doris Mae Griggs, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1523, regarding the death of Anna Manker Shoup, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1524, regarding the death of Ben E. Pener, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1525, regarding the death of Irma G. Woodruff, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1526, regarding the death of Dorothy Clayton Wilkinson, Lee's Summit, which was adopted.

Senator Wiggins offered Senate Resolution No. 1527, regarding the death of Steven Joseph Hooper, which was adopted.

Senator Wiggins offered Senate Resolution No. 1528, regarding the death of Sara Frances Schooley, Kansas City, which was adopted.

Senator Mathewson offered Senate Resolution No. 1529, regarding the Seventy-fifth Anniversary of the Richmond Rotary Club, which was adopted.

Senator Mueller offered Senate Resolution No. 1530, regarding Sarah Messmer, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1531, regarding Tricia Neidenbach, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1532, regarding Kelly Summers, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1533, regarding Alex Murphy, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1534, regarding Jessica Decker, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1535, regarding Tim Wilson, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1536, regarding Rebecca Briguglio, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1537, regarding Jackie Hrevus, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1538, regarding Clayton Clark, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1539, regarding Matthew Flinner, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1540, regarding Megan Long, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1541, regarding Emily Hall, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1542, regarding Trisha Zarinelli, Fenton, which was adopted.

Senator Mueller offered Senate Resolution No. 1543, regarding Sarah Kelly, Fenton, which was adopted.

Senator Kenney offered Senate Resolution No. 1544, regarding Stephen Allen Boehmer, Jr., Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1545, regarding Robert Charles (Bobby) Van Becelaere, Lee's Summit, which was adopted.

Senator House offered Senate Resolution No. 1546, regarding Joseph Bruhl, which was adopted.

Senator Sims offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1547

WHEREAS, the Missouri General Assembly has compiled a long tradition of rendering assistance to those programs aimed at developing exemplary qualities of citizenship and leadership within our youth; and

WHEREAS, the Missouri Girls State program of the American Legion Auxiliary has earned considerable recognition for its success in providing young women with a unique and valuable insight into the process of democratic government through a format of direct role-playing experience; and

WHEREAS, during June 1998, the American Legion Auxiliary, Department of Missouri, is conducting the Fifty-seventh annual session of Missouri Girls State; and

WHEREAS, an important highlight of this event would be conducting a mock legislative session in the Senate Chamber at our State Capitol, where participants could gather to gain a more realistic insight into official governmental and electoral proceedings;

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, hereby grant the adult leaders and participants of the Fifty-seventh Session of Missouri Girls State permission to use the Senate Chamber for the purpose of swearing in mock legislative officials and conducting a mock legislative session on Tuesday, June 23, 1998.

SENATE BILLS FOR PERFECTION

Senator Mathewson moved that SB 751, with SCA 1, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

Senator Singleton offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 751, Page 1, Section 135.444, Line 16, by inserting immediately after said line the following:

"5. The credit authorized pursuant to this section shall only be allowed for machinery, equipment and other tangible personal property required to conduct games of bowling in bowling alleys which are located within one hundred miles of the closest edge of the main channel of either the Mississippi River or the Missouri River.".

Senator Singleton moved that the above amendment be adopted.

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

Senator Sims offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 751, Page 1, Section 135.444, Line 16, by adding the following:

"Section 1. Any taxpayer shall be entitled to a tax credit against any tax otherwise due under the provisions of chapter 143, RSMo, excluding withholding tax imposed by sections 143.191 to 143.265, RSMo, in the amount of twenty percent of the ad valorem property taxes paid upon manufacturing equipment or machinery purchased after December 31, 1998. The tax credit shall be limited to the property taxes paid in the year of purchase and the property taxes paid in each of the first four years thereafter. The portion of tax credits which exceeds the taxpayer's liability may be carried forward for up to five years.

2. For the purposes of this section "property taxes" paid upon distributable property, as defined in section 151.020, RSMo and sections 153.032, 153.034 and 153.036, RSMo, shall be calculated as follows: thirty-three and one-third percent of the acquisition cost of manufacturing equipment or machinery depreciated, using the depreciation method employed by the taxpayer in keeping its books and records, but not below thirty percent of said acquisition cost, times the statewide average rate of property taxes levied the preceding year as determined by the state tax commission.

3. "Manufacturing equipment and machinery" as used in this section means any machinery, equipment or parts thereof, used primarily in manufacturing, processing, compounding, mining, fabricating or producing a product."; and

Further amend the title and enacting clause accordingly.

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

On motion of Senator Mathewson, SB 751, as amended, was declared perfected and ordered printed.

RESOLUTIONS

Senator Childers, joined by the entire membership, offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1548

WHEREAS, it is with great pride and sincere admiration that the members of the Missouri Senate suspend the work of creating laws in order to applaud the meritorious endeavors of an outstanding Missouri entertainer; and

WHEREAS, Jennifer Wilson recently released "Candle in the Wind 1997", a country version of the highly acclaimed Elton John tribute to Diana - Princess of Wales, which features the fiddle, mandolin, steel guitar, and acoustic guitar, and evokes the spirit of the song with just the right country sound; and

WHEREAS, Jennifer Wilson decided to record the song in her own distinctive style so fans of country music could enjoy this meaningful tribute to the tragic loss of the "Queen of Hearts"; and

WHEREAS, Jennifer Wilson is known, admired, and respected for volunteering her time and talent to worthy causes, and travels throughout the world with the USO in presenting concerts and programs for our servicemen in the armed forces of our military; and

WHEREAS, an individual who has been performing twice a day to sold-out crowds at Jennifer's Americana Theatre in Branson for the past five years, Jennifer Wilson has been named the All-American Music Awards Entertainer of the Year and Show of the Year winner four years in a row, and has been honored as Female Vocalist of the Year on three occasions; and

WHEREAS, Jennifer Wilson and her "Candle in the Wind 1997" have met with rave reviews from country stations all over the United States, truly a testament to the excellence in quality and significant message that she sends as country music fans join together in mourning the death of Diana - Princess of Wales:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join in expressing our most sincere appreciation to Jennifer Wilson and her band, The Prime Time Pickers, for recording this beautiful tribute to our fallen and beloved Diana - Princess of Wales and in wishing her the best of luck with her tremendous career in the glamorous world of entertainment; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Jennifer Wilson.

President Wilson assumed the Chair.

Senator Rohrbach, joined by the entire membership of the Senate, offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1549

WHEREAS, on Saturday, April 4, 1998, the state of Missouri suffered a tremendous loss with the passing of the Honorable James R. Strong, former longtime Missouri legislator; and

WHEREAS, born in Marshfield on January 10, 1921, Mr. Strong was a lifelong resident of the Jefferson City area, where he played on the Jays football team and pursued his higher education at Jefferson City Junior College; and

WHEREAS, Mr. Strong had earned the eternal gratitude of all citizens of this great land for his loyal and courageous service in the Navy aboard the USS Phoenix at Pearl Harbor on December 7, 1941, and for his subsequent valor in the South Pacific during the remainder of World War II; and

WHEREAS, a successful businessman who had been engaged in office and commercial real estate rental, Mr. Strong co-founded Strong Brothers Millwork and Lumber Company and co-owned Strong Brothers Lumber, Strong Brothers and Tharp Lumber Company, and Strong Building Supply; and

WHEREAS, Mr. Strong was a cattle farmer who had operated Circle R/S Ranch in Callaway County from 1955 to 1973; and

WHEREAS, Mr. Strong had enjoyed a distinguished political career that began in 1969 with his service as a Jefferson City City Councilman and continued at the state level with his initial election to the Missouri House of Representatives in 1973; and

WHEREAS, Mr. Strong ably and faithfully served his constituents as a State Representative for eight years before his 1982 election to the Missouri Senate; and

WHEREAS, Mr. Strong retired from the Senate in 1990, at which time he brought to completion more than two decades of outstanding service to the people of the Show-Me State; and

WHEREAS, Mr. Strong had also touched the lives of many through his affiliation with numerous organizations such as the Veterans of Foreign Wars, the American Legion, the First Presbyterian Church, the Cole County Fair Association, the Salvation Army, the Chamber of Commerce, the Cole County Historical Society, Memorial Community Hospital, St. Marys Health Center, the Cole County Republican Club, the Lions Club, the Jaycees, the Rotary Club, the United Way, the Conservation Federation of Missouri, the Jefferson City Planning and Zoning Committee, and the Cole County Volunteer Fire Department:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, pause in a moment of silent reverie to honor the memory of the late James R. Strong, to express appreciation for his proud service to Missouri and the entire nation, and to extend condolences to his wife, Frances Sue, and to his children, grandchildren, and great-grandchildren at this difficult period of sorrow and reflection; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the loved ones of our dear friend and longtime colleague, James R. Strong.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Caskey moved that the vote by which SCS for SBs 541 and 822 failed on 3rd reading and final passage be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Banks Caskey Clay Curls
DePasco Goode Howard Jacob
Johnson Lybyer Mathewson Maxwell
McKenna Quick Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins--22
NAYS--Senators
Bentley Childers Ehlmann Flotron
Graves House Kenney Kinder
Klarich Mueller Rohrbach Yeckel--12
Absent--Senators--None
Absent with leave--Senators--None

Senator Schneider was recognized to interrogate Senator Goode.

Senator Staples raised the point of order that the interrogation between Senators Schneider and Goode is out of order, stating that the 3rd reading vote should be put under the rules of the Senate, without debate.

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

President Pro Tem McKenna assumed the Chair.

On motion of Senator Goode, SCS for SBs 541 and 822 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Clay Curls DePasco
Goode Jacob Johnson Kenney
Lybyer Mathewson Maxwell McKenna
Quick Russell Schneider Scott
Sims Singleton Staples Wiggins--20
NAYS--Senators
Bentley Caskey Childers Ehlmann
Flotron Graves House Kinder
Klarich Mueller Rohrbach Westfall
Yeckel--13
Absent--Senator Howard--1
Absent with leave--Senators--None

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

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 SCS for SB 498; and SS for SCS for SB 781, 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 SS for SCS for SB 781 to the Committee on State Budget Control.



President Pro Tem McKenna referred SCR 38 to the Committee on Rules, Joint Rules and Resolutions.

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

April 2, 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:

Stanley R. Cowan, 8017 Roy-L, Centertown, Cole County, Missouri 65023, as a public member of the Well Installation Board, for a term ending February 24, 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

April 2, 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:

Sharlene Pietsch, 700 Lariat Lane, Rolla, Phelps County, Missouri 65401, as a public member of the Well Installation Board, for a term ending February 24, 2002, and until her 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

April 2, 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:

John C. Tlapek, Republican, 271 White Oaks Lane, Cape Girardeau, Cape Girardeau County, Missouri 63701, as a member of the Southeast Missouri State University Board of Regents, for a term ending January 1, 2001, and until his successor is duly appointed and qualified; vice, Donald L. Harrison, deceased.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 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:

Joseph F. Engeln, 2407 Topaz Drive, Columbia, Boone County, Missouri 65203, as a member of the Well Installation Board, for a term ending February 24, 2002, and until his successor is duly appointed and qualified; vice, Alice C. Fuerst, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



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

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for 1013, entitled:

An Act to appropriate money for real property leases, related services, utilities, systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds, for the period beginning July 1, 1998, and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1862, entitled:

An Act to amend chapter 60, RSMo, relating to land surveys by adding thereto one new section relating to the same subject, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1043, entitled:

An Act relating to drivers' license numbers, with a penalty provision.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1136, entitled:

An Act to repeal sections 198.026 and 198.029, RSMo 1994, relating to convalescent, nursing and boarding homes, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1668, entitled:

An Act to repeal section 192.1000, RSMo Supp. 1997, relating to first responder programs, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1698, entitled:

An Act to repeal section 321.242, RSMo Supp. 1997, relating to fire protection districts, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1905, entitled:

An Act to repeal sections 184.810 and 184.840, RSMo Supp. 1997, relating to museum districts, and to enact in lieu thereof three new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SBs 707 and 484.

Emergency clause adopted.

Bill ordered enrolled.

Senator Johnson assumed the Chair.

HOUSE BILLS ON SECOND READING

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

HB 948--Transportation.

HS for HB 1070--Insurance and Housing.

HB 1117--Elections, Pensions and Veterans' Affairs.

HCS for HB1143--Commerce and Environment.

HCS for HB1189--Financial and Governmental Organization.

HB 1229--Appropriations.

HB 1322--Aging, Families and Mental Health.

HB 1385--Local Government and Economic Development.

HS for HCS for HB 1434--Transportation.HS for HCS for HBs 1455 and 1463--

Elections, Pensions and Veterans' Affairs.

HB 1476--Aging, Families and Mental Health.

HCS for HB1526--Commerce and Environment.

HB 1578--Corrections and General Laws.

HB 1622--Local Government and Economic Development.

HB 1627--Corrections and General Laws.



HS for HCS for HB 1636--Local Government and Economic Development.

HCS for HBs 1681 and 1342--

Transportation.

HS for HB 1694--Education.

HB 1744--Ways and Means.

HB 1779--Civil and Criminal Jurisprudence.

HB 1807--Local Government and Economic Development.

HB 1834--Corrections and General Laws.

HB 1837--Ways and Means.

HB1847--Financial and Governmental Organization.

SECOND READING OF SENATE BILLS

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

SJR 36--Judiciary.

INTRODUCTIONS OF GUESTS

Senator Howard introduced to the Senate, Sarah Crothers, Sikeston; and Sarah was made an honorary page.

Senator House introduced to the Senate, his son, Benjamin, St. Charles.

Senator Bentley introduced to the Senate, Rosa Archibald, Springfield.

Senator Wiggins introduced to the Senate, Ed Ducker, Kansas City.

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