Journal of the Senate

SECOND REGULAR SESSION


SECOND DAY--THURSDAY, JANUARY 7, 1999


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl G. Gauck offered the following prayer:

Gracious and heavenly Father, help us keep the feeling of positive beginnings we started yesterday. Help us also have an ear to hear the concerns of the people of this state. Help us serve both well wisher and doubter, mindful only of Your call for service in Your Kingdom. Watch over our members' travel back to family and friends in the snow that is falling, bringing them safely to their destinations. And may all of us benefit from the recreation You provide with those You have given us to love. This we ask in Your Name. 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.

Senator DePasco announced that photographers from KRCG-TV 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 Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senator Scott--1
The Lieutenant Governor was present.


RESOLUTIONS

Senator Stoll offered Senate Resolution No. 6, regarding Joseph F. Lingle III, which was adopted.

Senator Stoll offered Senate Resolution No. 7, regarding Darren West Romriell, Hillsboro, which was adopted.

Senator Stoll offered Senate Resolution No. 8, regarding Brandon Rutledge Templeton, Crystal City, which was adopted.

Senator Stoll offered Senate Resolution No. 9, regarding Bradley Wayne Parkin, Festus, which was adopted.

Senator Childers offered Senate Resolution No. 10, regarding Kenneth Bowling, Brookline, which was adopted.

Senator Mueller offered Senate Resolution No. 11, regarding the Fourth Annual Martin Luther King, Jr. Community Celebration at the Webster Groves Presbyterian Church, which was adopted.

Senator Clay offered Senate Resolution No. 12, regarding Pearlie I. Evans, St. Louis, which was adopted.

CONCURRENT RESOLUTIONS

Senator DePasco moved that HCR 1 be taken up for adoption, which motion prevailed.

On motion of Senator DePasco, HCR 1 was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators
Schneider Scott--2

President Wilson assumed the Chair.

Senator DePasco moved that HCR 2 be taken up for adoption, which motion prevailed.

On motion of Senator DePasco, HCR 2 was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators
Schneider Scott--2


CONCURRENT RESOLUTIONS

Senator Clay offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 1

WHEREAS, one hundred fifty years have now passed since the greatest tragedy in Irish history occurred: The Great Irish Famine, also known as An Gorta Mor, the Great Starvation, the Great Hunger, the Irish Potato Blight, the Potato Famine, and the Great Irish Hunger; and

WHEREAS, this catastrophic five-year period between 1845 and 1850 in which millions of Irish people perished or emigrated was due to mass starvation precipitated by a recurring potato crop failure and worsened by acts of the British government which ignored the plight of the people; and

WHEREAS, the thousands upon thousands of bodies which required burial in a short period of time necessitated creation of the "sliding coffin", a hinged coffin which was used to transport the deceased to the graveyard where it would be placed over a huge pit, its bottom would drop, and the victim would fall into the common grave below; and

WHEREAS, Ireland lost nearly one half of its population during this dreadful famine, a catastrophe of astronomic proportions which needs to be examined and discussed in the public schools of Missouri in an effort to reaffirm the commitment of free people of all nations to eradicate the causes of famine that exist in the modern world and to engender an appreciation for Irish Americans; and

WHEREAS, many of the Irish immigrated to the Show-Me State where they distinguished themselves by their great contributions to the formation of Missouri, a long list of remarkable individuals which includes Joseph Charles who in 1808 founded the first newspaper west of the Mississippi River, the Missouri Gazette; and

WHEREAS, it would be in the best interests of the Missouri's public school students for the State Board of Education to prepare and make available to all school boards instructional materials that can be used as guidelines for the development of a unit of instruction on the Irish Famine:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate of the Ninetieth General Assembly, the House of Representatives concurring therein, hereby join unanimously in expressing our support of the inclusion of a unit of instruction studying the causes and effects of mass starvation in mid-nineteenth century Ireland in every public elementary school and high school curriculum in Missouri; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Missouri Department of Elementary and Secondary Education.

Senators Goode, Childers, Clay, Flotron, Mathewson, Kinder and Schneider offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 2

WHEREAS, telecommunications services and energy services and sources are vital to the economic vitality and well-being of the state of Missouri; and

WHEREAS, there is a nationwide trend toward deregulation of telecommunications services and energy services and sources which may create competitive markets and make available new services and customer choices; and

WHEREAS, the state and political subdivisions have imposed taxes, fees and other assessments on various telecommunications and energy services, and such taxes vary widely based upon locality and, within a locality, such taxes may vary widely between increasingly related and competitive services, such as telephone and cable television; and

WHEREAS, there is currently a nationwide trend toward competition in the production, distribution and sale of energy, including electricity, natural gas and other energy sources, and this trend has both potential benefits and potential adverse effects on energy producers, distributors, retailers, customers and the citizens of this state; and

WHEREAS, ensuring adequate and affordable telecommunications services and energy services and sources will necessitate a fair and equitable structure of taxes across different telecommunications and energy services and across different regions of the state; and

WHEREAS, the issue of whether governmental entities should expend public resources to compete with private tele-communications and energy entities should be explored; and

WHEREAS, a Joint Interim Committee on Telecommuni-cations and Energy has studied the above-mentioned issues during the tenure of the Eighty-ninth General Assembly and recommends that a similar study committee be established to such study during the tenure of the Ninetieth General Assembly;

NOW, THEREFORE, BE IT RESOLVED by the Senate of the Ninetieth General Assembly, the House of Representatives concurring therein, that a joint legislative study committee of the General Assembly be created to be composed of seven members of the Senate, to be appointed by the President Pro Tem of the Senate, and seven members of the House of Representatives, to be appointed by the Speaker of the House, and that said committee be authorized to function throughout the Ninetieth General Assembly; and

BE IT FURTHER RESOLVED that said committee conduct an in-depth study and make appropriate recommendations concerning financial, legal, social, taxation, environmental, technological and economic issues of telecommunications and energy services taxation, competition between governmental entities and private telecommunication entities, and any other issues the committee deems relevant; and

BE IT FURTHER RESOLVED that said committee conduct an in-depth study and make appropriate recommendations concerning financial, legal, social, taxation, environmental, technological and economic issues of deregulation and increasing competition in energy production, distribution and sale including consideration of the effects on residential customers, small business customers, large business customers, utility shareholders and other stakeholders and any other issues the committee deems relevant; and

BE IT FURTHER RESOLVED that the committee prepare an interim report, together with its recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of the Second Regular Session of the Ninetieth General Assembly and a final report, together with its recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of the First Regular Session of the Ninety-First General Assembly; and

BE IT FURTHER RESOLVED that the committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission, the Department of Economic Development, the Division of Energy within the Department of Natural Resources, the Office of Public Counsel, political subdivisions of this state, telecommunications and energy service providers, energy utilities and representatives of all telecommunications and energy customer groups; and

BE IT FURTHER RESOLVED that the Committee on Legislative Research, Senate Research and House Research shall provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

BE IT FURTHER RESOLVED that the actual and necessary expenses of the committee, its members and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof shall be paid from the Joint Contingent Fund.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were read the 1st time and 1,000 copies ordered printed:

SB 216-By Wiggins.

An Act to repeal section 195.030, RSMo Supp. 1998, relating to controlled substances, and to enact in lieu thereof one new section relating to the same subject.

SB 217-By Wiggins.

An Act relating to certain duties of the department of revenue.

SB 218-By Caskey.

An Act to repeal sections 174.450 and 174.453, RSMo 1994, relating to the governing boards of certain state colleges and universities, and to enact in lieu thereof two new sections relating to the same subject.

SB 219-By Caskey.

An Act to amend chapter 137, RSMo, by adding thereto eleven new sections relating to ad valorem taxation of freight line companies, with penalty provisions.

SB 220-By Caskey.

An Act to repeal section 50.660, RSMo Supp. 1998, relating to county bid requirements, and to enact in lieu thereof one new section relating to the same subject.

SB 221-By House.

An Act to repeal section 375.775, RSMo 1994, relating to the Missouri property and casualty insurance guaranty association, and to enact in lieu thereof one new section relating to the same subject.

SB 222-By Clay.

An Act to repeal section 494.455, RSMo 1994, relating to the compensation of jurors, and to enact in lieu thereof one new section relating to the same subject.

SB 223-By Bland.

An Act relating to the tobacco settlement fund commission.

SJR 18-By Wiggins.

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article IX of

the Constitution of Missouri relating to the accountability by the board of curators of the state university.

INTRODUCTIONS OF GUESTS

Senator Singleton introduced to the Senate, Mary Lou Martin, Joplin.

Senator Singleton introduced to the Senate, Jimmy, Karen, Morgan and Nicole Jester, Neosho.

On motion of Senator DePasco, the Senate adjourned until 4:00 p.m., Monday, January 11, 1999.