Journal of the Senate

FIRST REGULAR SESSION


SIXTEENTH DAY--TUESDAY, FEBRUARY 2, 1999


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl R. Gauck offered the following prayer:

"Now we have received not the Spirit of the World, but the Spirit that is from God, so that we might understand the gifts bestowed on us by God." (I Corinthians 2:12)

Gracious God: We give You thanks for the gifts we have received from You and rejoice that we are able to use them as we serve the people of Missouri. We pray, bless the result of these gifts if they are in keeping with Your will and forgive those results which cause another harm and give us a right understanding of ourselves and the usage of these gifts. 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 Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.


RESOLUTIONS

Senator Russell offered Senate Resolution No. 189, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Woodrow Lee Cox, Springfield, which was adopted.

INTRODUCTION OF BILLS

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

SB 386-By Clay.

An Act to repeal sections 362.247, 362.925, 365.010, 365.020, 456.040, 475.092 and 511.030, RSMo 1994, and sections 30.270, 143.471, 362.275, 362.550, 362.610, 408.035, 456.520 and 475.093, RSMo Supp. 1998, relating to banking, and to enact in lieu thereof seventeen new sections relating to the same subject.

SB 387-By Clay.

An Act to repeal sections 208.040 and 208.070, RSMo 1994, and to enact in lieu thereof three new sections relating to temporary assistance benefits.

SB 388-By Clay.

An Act to amend chapter 173, RSMo, by adding thereto one new section relating to the Missouri critical teacher shortage forgivable loan program.

SB 389-By Clay.

An Act to amend chapter 135, RSMo, by adding thereto two new sections relating to tax credits for public school donations.

SB 390-By Clay.

An Act to repeal section 161.415, RSMo Supp. 1998, relating to minority teaching scholarships, and to enact in lieu thereof one new section relating to the same subject.

SB 391-By Schneider, Mathewson, Staples, Klarich, Johnson and Kinder.

An Act to repeal section 311.190, RSMo 1994, relating to wine manufacturers license, and to enact in lieu thereof one new section relating to the same subject.

SB 392-By Goode.

An Act to repeal sections 302.130 and 302.171, RSMo Supp. 1998, relating to the issuance of drivers licenses, and to enact in lieu thereof three new sections relating to the same subject.

SB 393-By Goode.

An Act to repeal sections 302.177 and 302.735, RSMo 1994, and sections 302.173 and 302.181, RSMo Supp. 1998, relating to the expiration date of driver's licenses and nondriver's licenses, and to enact in lieu thereof four new sections relating to the same subject, with an effective date.

SB 394-By Quick.

An Act to repeal sections 140.110, 242.580, 243.370, 245.210 and 442.380, RSMo 1994, relating to ownership of property, and to enact in lieu thereof five new sections relating to the same subject.

SB 395-By Quick.

An Act to repeal section 644.031, RSMo Supp. 1998, relating to storm water control, and to enact in lieu thereof one new section relating to the same subject.

SJR 24-By Jacob.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39(a) of article III of the Constitution of Missouri, relating to bingo and adopting one new section in lieu thereof relating to the same subject.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 25, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Clay, Chairman of the Committee on Financial and Governmental Organization, submitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 315, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 278, 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 Schneider moved that SB 295 and SB 46, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 295 and 46, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 295 and 46

An Act to repeal sections 537.610, 537.705 and 537.756, RSMo 1994, and section 105.711, RSMo Supp. 1998, relating to sovereign immunity, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause.

Was taken up.

Senator Schneider moved that SCS for SBs 295 and 46 be adopted.

Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 295 and 46, Page 8, Section 537.756, Line 12, by inserting immediately following said line the following section:

"Section 1. The provisions of this act increasing the liability of the state and its public entities shall only be applied to those causes of action that accrue on or after the effective date of this act."; and

Further amend said bill by amending the title and enacting clause accordingly.

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

Senator Maxwell offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 295 and 46, Page 5, Section 537.610, Line 6, by striking the following: "five hundred" and inserting in lieu thereof the following: "four hundred and ninety five"; and further amend lines 6 and 7 by striking the following: "in addition to reasonable and necessary medical expenses"; and

Further amend said bill, page and section, lines 18 and 19 by striking the following: "five hundred" and inserting in lieu thereof the following: "four hundred and ninety five"; and

Further amend said bill, page and section, Line 19, by striking the following: "in addition to reasonable and necessary medical expenses"; and

Further amend said bill and section, page 6, line 31, by striking the following: "five hundred" and inserting in lieu thereof the following: "four hundred and ninety five".

Senator Maxwell moved that the above amendment be adopted.

President Wilson assumed the Chair.

Senator Staples offered SSA 1 for SA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 295 and 46, Page 5, Section 537.610, Line 6, by striking the following: "five hundred" and inserting in lieu thereof the following: "three hundred"; and further amend lines 6 and 7 by striking the following: "in addition to reasonable and necessary medical expenses"; and

Further amend said bill, page and section, lines 18 and 19 by striking the following: "five hundred" and inserting in lieu thereof the following: "three hundred"; and

Further amend said bill, page and section, Line 19, by striking the following: "in addition to reasonable and necessary medical expenses"; and

Further amend said bill and section, page 6, line 31, by striking the following: "five hundred" and inserting in lieu thereof the following: "three hundred".

Senator Staples moved that the above substitute amendment be adopted.

Senator Kinder requested a roll call vote be taken on the adoption of SSA 1 for SA 2 and was joined in his request by Senators Childers, Ehlmann, Kenney and Russell.

Senator Maxwell offered SA 1 to SSA 1 for SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Committee Substitute for Senate Bills Nos. 295 and 46, Lines 2, 7 and 13 of the amendment, by striking "three" and substitute "four".

Senator Maxwell moved that the above amendment be adopted.

At the request of Senator Schneider, SB 295 and SB 46, with SCS, SA 2, SSA 1 for SA 2 and SA 1 to SSA 1 for SA 2 (pending), were placed on the Informal Calendar.

Senator Staples assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 244, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 211, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following reports:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 12, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 225, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 216, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Judiciary, to which was referred SB 110, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SECOND READING OF SENATE BILLS

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

SB 303--Judiciary.

SB 325--Pensions and General Laws.

SB 326--Aging, Families and Mental Health.

SB 327--Commerce and Environment.

SB 328--Civil and Criminal Jurisprudence.

SB 329--Aging, Families and Mental Health.

SB 330--Financial and Governmental Organi-zation.

SB 331--Education.

SB 332--Commerce and Environment.

SB 333--Local Government and Economic Development.

SB 334--Commerce and Environment.

SB 335--Civil and Criminal Jurisprudence.

SB 336--Civil and Criminal Jurisprudence.

SB 337--Judiciary.

SB 338--Insurance and Housing.

SB 339--Aging, Families and Mental Health.

SB 340--Local Government and Economic Development.

SB 341--Education.

SB 342--Judiciary.

SB 343--Insurance and Housing.

SB 344--Public Health and Welfare.

SB 345--Public Health and Welfare.

SB 347--Education.

SB 348--Ways and Means.

SB 349--Pensions and General Laws.

SB 350--Pensions and General Laws.

SB 351--Financial and Governmental Organi-zation.

SB 352--Transportation.

SB 353--Commerce and Environment.

SB 354--Education.

SB 355--Insurance and Housing.

SB 356--Local Government and Economic Development.

SB 357--Agriculture, Conservation, Parks and Tourism.

SB 358--Ways and Means.

SB 359--Transportation.

SB 360--Civil and Criminal Jurisprudence.

SB 361--Agriculture, Conservation, Parks and Tourism.

SB 362--Financial and Governmental Organi-zation.

SB 363--Public Health and Welfare.

SB 364--Elections, Veterans' Affairs and Corrections.

SB 365--Education.

SB 366--Ways and Means.

SB 367--Transportation.

SB 368--Public Health and Welfare.

SB 369--Local Government and Economic Development.

SB 370--Judiciary.

SB 371--Ways and Means.

SB 372--Agriculture, Conservation, Parks and Tourism.

SB 373--Local Government and Economic Development.

SB 374--Judiciary.

SB 375--Agriculture, Conservation, Parks and Tourism.

SB 376--Aging, Families and Mental Health.

SB 377--Aging, Families and Mental Health.

SB 378--Public Health and Welfare.

SJR 21--Pensions and General Laws.

SJR 22--Local Government and Economic Development.

SJR 23--Elections, Veterans' Affairs and Corrections.

RESOLUTIONS

Senator Singleton offered Senate Resolution No. 190, regarding the death of Congressman Gene Taylor, which was adopted.

Senator House offered Senate Resolution No. 191, regarding John Veach, Bowling Green, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Sims introduced to the Senate, the Physician of the Day, Dr. Ron Hoffman, Jr., M.D., St. Louis.

Senator Kenney introduced to the Senate, Cecil, Terri, Jennifer, Lori, Eric, Holly, Adam and Tally Morris, Homeschoolers from Lee's Summit; and Jennifer, Lori, Eric and Holly were made honorary pages.

Senator Steelman introduced to the Senate, Mavis, Annie, Austin, Elissa and Laurel Day, New Bloomfield; and Annie, Austin, Elissa and Laurel were made honorary pages.

Senator Sims introduced to the Senate, Ernie Jaworski and Colleen Mehan, St. Louis.

Senator Rohrbach introduced to the Senate, Leslie Kemna, St. Martins.

Senator Sims introduced to the Senate, Danielle Jackson, Joe McPherson, Sarita Melendez and Loe Bubeneck, St. Louis; and Danielle, Joe, Sarita and Loe were made honorary pages.

Senator Wiggins introduced to the Senate, Ken Bonar, Jack R. Calegari, Moak Albritton, Joe C. Blair, Bill Waggoner and Chuck Moldenhauer, Kansas City; and Harold L. Brucks, Independence.

Senator Johnson introduced to the Senate, Aaron Tiffany, Jessica Talley, Dustin Benner, Angi Cox, Andy Langdon, Bryan Metzinger, Tiffany Barmann, Caleb Moore, Jake Kelley, Amanda Dittemore, Derek Frieling and Janice Geary, St. Joseph.

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