Journal of the Senate

SECOND REGULAR SESSION


FIFTY-FOURTH DAY--THURSDAY, APRIL 16, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, David prayed, "Restore unto me the joy of Your salvation." Our prayer today is for joy. We need joy. With so much happening around us, floods, tornadoes, human suffering and the stress and strain of everyday life, we sometimes lose our joy. Help us to deal with difficult issues without losing our joy. 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 Yeckel offered Senate Resolution No. 1613, regarding the Service Learning students of Oakville High School, which was adopted.

Senator Yeckel offered Senate Resolution No. 1614, regarding Karen Paruch, St. Louis County, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1615, regarding the St. Charles West High School Warriors Wrestling Team, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1616, regarding Chris McCrary, which was adopted.

CONCURRENT RESOLUTIONS

Senator Howard moved that SCR 37, with SCS, be taken up for adoption, which motion prevailed.

Senator Howard moved that SCS for SCR 37 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Curls DePasco 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--32
NAYS--Senators--None
Absent--Senators
Clay Ehlmann--2
Absent with leave--Senators--None

SENATE BILLS FOR PERFECTION

Senator Wiggins moved that SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 6, SSA 3 for SA 6 and SA 1 to SSA 3 for SA 6 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 to SSA 3 for SA 6 was again taken up.

At the request of Senator Wiggins, SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 6, SSA 3 for SA 6 and SA 1 to SSA 3 for SA 6 (pending), were placed on the Informal Calendar.

RESOLUTIONS

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

SENATE RESOLUTION NO. 1617

WHEREAS, the members of the Missouri Senate are always proud to publicly recognize the remarkable achievements of college sports teams within the State; and

WHEREAS, University of Missouri-Columbia Tiger football enjoyed a season of outstanding, record-setting play which earned the school and individual team members national acclaim; and

WHEREAS, MU Tiger football posted its first winning season in fourteen years, its second consecutive winning non-conference record, and its first road game win against a ranked opponent since 1981; and

WHEREAS, the Missouri Tigers won four of their last five games for the best season close since 1983; were ranked nationally for the first time since 1983; ended the season ranked in the final national polls for the first time since 1981; and boosted their two-year record against Big 12 South Division teams to 5-1; and

WHEREAS, with the Mosi Tatupu Award, senior running back Brock Olivo became the first Missouri football player to win national individual recognition as the nation's best special teams performer during the same season he was MU's all-time leading rusher, while quarterback Corby Jones and offensive guard Mike Morris were named to First-Team All-Big 12 positions; and

WHEREAS, the Tigers set school records for points scored in a season (368), touchdowns scored (48), and first downs (251) which contributed to the largest single-season home attendance increase in school history and the fifth highest in the nation; and

WHEREAS, such an impressive season ended with an invitation for the Missouri Tigers to compete against Colorado State in beautiful San Diego, California's Holiday Bowl; and

WHEREAS, football fans all across the Show-Me State are exceedingly proud of the talented Tigers and their dedicated Head Coach Larry Smith, who enjoyed the honor of being named the Big 12 Conference Coach of the Year:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join unanimously in applauding the Missouri Tiger football team upon the completion of a spectacular season and in wishing them all the best as they prepare for even greater challenges this fall; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the University of Missouri-Columbia Tiger football team.

Coach Larry Smith assumed the dais and addressed the members of the Senate.

President Pro Tem McKenna assumed the Chair.

SENATE BILLS FOR PERFECTION

Senator Wiggins moved that SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 6, SSA 3 for SA 6 and SA 1 to SSA 3 for SA 6 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 to SSA 3 for SA 6 was again taken up.

Senator Quick assumed the Chair.

Senator Johnson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

At the request of Senator Wiggins, SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 6, SSA 3 for SA 6 and SA 1 to SSA 3 for SA 6 (pending), were placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 1352, 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 HB 1704, 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 HB 1566, 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 HB 1507, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following reports:

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1007, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1008, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1009, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1010, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1011, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1012, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Judiciary, to which was referred HCS for HBs 957 and 1063, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Banks, Chairman of the Committee on Public Health and Welfare, Senator Scott submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred HCS for HB 1197, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Scott, Chairman of the Committee on State Budget Control, submitted the following reports:

Mr. President: Your Committee on State Budget Control, to which were referred SCS for SBs 515 and 783; SS for SCS for SB 651; and SB 751, begs leave to report that it has considered the same and recommends that the bills do pass.

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

Mr. President: Your Committee on Corrections and General Laws, to which was referred HJR 39, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which were referred HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which was referred HS for HCS for HB 1323, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HCS for HB 1469, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1239, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1779, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Staples, Chairman of the Committee on Transportation, submitted the following reports:

Mr. President: Your Committee on Transportation, to which was referred HCS for HBs 1681 and 1342, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Transportation, to which was referred SB 948, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Goode, Chairman of the Committee on Commerce and Environment, Senator Quick submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred HS for HCS for HB 1161, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1274, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following reports:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 1869, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HCS for HB 1620, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HCS for HBs 1519 and 1165, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator House, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred HS for HB 1694, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Maxwell, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 927, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator House, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred HB 1763, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Maxwell assumed the Chair.

HOUSE BILLS ON SECOND READING

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

HS for HCS for HB 1656--Local Government and Economic Development.

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 HJR 26, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 7 of article IX of the Constitution of Missouri, relating to education and adopting one new section in lieu thereof 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 HS for HCS for HBs 1405, 1109 and 1335, entitled:

An Act to repeal sections 566.617, 589.400, 589.407, 589.410, 589.414, 589.417 and 589.425, RSMo Supp. 1997, and to enact in lieu thereof nineteen new sections relating to the civil commitment of sexual predators, with penalty provisions and an effective date.

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 HCS for HB 998, entitled:

An Act relating to a prohibition on the tattooing or body piercing of a minor without the consent of such minor's parent or guardian, 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 HCS for HBs 1737 and 1345, entitled:

An Act to repeal section 290.140, RSMo 1994, relating to the disclosure of employment information, 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 1836, entitled:

An Act to repeal section 104.540, RSMo 1994, and sections 193.215, 287.820, 454.390, 454.408, 454.413, 454.440, 454.455, 454.460 and 476.688, RSMo Supp. 1997, relating to child support, and to enact in lieu thereof ten 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 1489, entitled:

An Act to repeal sections 701.300, 701.304, 701.306, 701.308, 701.310, 701.312, 701.314, 701.316, 701.320 and 701.334, RSMo 1994, relating to lead abatement, and to enact in lieu thereof thirteen new sections 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 HS for HCS for HBs 1237, 1409, 1166, 1154 and 1491, entitled:

An Act to repeal sections 287.030, 287.035, 287.061, 287.090, 287.128, 287.140, 287.160, 287.170, 287.190, 287.197, 287.210, 287.220, 287.250, 287.270, 287.337, 287.380, 287.430, 287.460, 287.480, 287.495, 287.530, 287.610, 287.615 and 287.640, RSMo 1994, and sections 287.280 and 287.650, RSMo Supp. 1997, relating to workers' compensation, and to enact in lieu thereof twenty-eight new sections 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 1021, entitled:

An Act to appropriate money for capital improvement and other purposes 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, from the funds herein designated 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.

RESOLUTIONS

Senator Bentley offered Senate Resolution No. 1618, regarding Felicia Hayes, Springfield, which was adopted.

Senator Flotron offered Senate Resolution No. 1619, regarding Mayor Frank McGuire, Manchester, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Sarah Schwartz, Christy Farrow, and twenty students representing Warrensburg in the Missouri Learn and Serve America Day.

Senator Westfall introduced to the Senate, Milton Dickensheet, Bolivar.

Senator Mueller introduced to the Senate, forty-seven fifth grade students from Oak Hill Elementary School, St. Louis; and Nicole Shen, Clare Burns, Mike Gabel and Laura DiLeo were made honorary pages.

Senator Rohrbach introduced to the Senate, Fran Bashant, Ruth McBride, Susan Herman, and students representing Eldon in the Missouri Learn and Serve America Day.

Senator Flotron introduced to the Senate, students from Oak Hill Elementary School, St. Louis; and William Hiemenz and Clay Schaeffer were made honorary pages.

Senator Childers introduced to the Senate, Kylie Oaks, Kathy Hunter, Mike Collins, Debra Davilla, Chrissy Hancock, and eighteen high school students from Reeds Spring.

Senator Schneider introduced to the Senate, Mamie White, and students from Vogt Elementary School, St. Louis; and Rebekah Sell, Amber Nolde, Jada Spencer and Sean Robinson were made honorary pages.

Senator Johnson introduced to the Senate, Julia Andrews and Joanna Jacob, Parkville; and Rita Kay Haltiwanger, Kansas City.

Senator Bentley introduced to the Senate, fourth and fifth grade students from Greenwood Lab, Springfield.

Senator Kenney introduced to the Senate, Jesse Card, Kansas City.

Senator Clay introduced to the Senate, Debbie Skaggs, Barbara Washington, Alyson Harper, Tiffany McFarland and Pat Howard, St. Louis; and Alyson and Tiffany were made honorary pages.

Senator Kenney introduced to the Senate, Michael and Susan Manfredi, and their children, Jeremiah and Rachel, homeschoolers from Independence; and Jeremiah and Rachel were made honorary pages.

Senator Jacob introduced to the Senate, fifth through twelfth grade students from Harrisburg R-8 School, Harrisburg; and Erin McGruder, Keller Colley, Stephen Foley, David Foley, Mary Young and Sarah Riely were made honorary pages.

Senator Flotron introduced to the Senate, Karen Norris, Mrs. Ranken, and thirty students from Pattonville High School, Bridgeton.

Senator House introduced to the Senate, Susan Foster, and parents and students from Warrenton, Wright City and Marthasville.

Senator Mueller introduced to the Senate, thirty-three fourth grade students from Kirk of the Hills Day School, St. Louis; and Emily Schnurpfeil, Chris Wagner, Kyle Rober and Caroline Holtom were made honorary pages.

Senator Bentley introduced to the Senate, Felicia Hayes, Quinn Ezernack, Brice Herron, Monique Gibson, Carrie Scott, Ms. Margaret Skidmore and Mrs. Cathy Carleton, Springfield.

Senator Flotron introduced to the Senate, eighteen eighth grade students from St. Lawrence the Martyr School, Bridgeton.

Senator Graves introduced to the Senate, Susan Wilson, Ron Holzer, Paul Barger, and students from Brookfield Middle School and Brookfield High School, Brookfield.

Senator Graves introduced to the Senate, Steve Kinyon, and thirty-four eighth grade students from Nodaway-Holt R-VII School, Maitland.

Senator Depasco introduced to the Senate, Bob Brennan, Richard Groves, Aimee Steger, Sara Crump, Sandra Fetters, and members of the Truman High School and Chrisman High School LINK Scholarship Program.

Senator Jacob introduced to the Senate, head coach, Larry Smith, and members of the University of Missouri football team.

On behalf of Senator McKenna, the President introduced to the Senate, Michael Brasher, Ladue.

Senator Flotron introduced to the Senate, one hundred fourth grade students from Shenandoah Valley Elementary School, Chesterfield.

Senator Schneider introduced to the Senate, Betty Scheller, and students from Walker Elementary School, St. Louis; and Adam Will, Andrea Kowalski, Brianni Nelson and Amanda Hasapopoulos were made honorary pages.

Senator Caskey introduced to the Senate, Matt Lowe, Clinton.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Christy Tharenos, M.D., Columbia.

On motion of Senator Quick, the Senate adjourned until 3:00 p.m., Monday, April 20, 1998.