Journal of the Senate

FIRST REGULAR SESSION


EIGHTEENTH DAY--THURSDAY, FEBRUARY 4, 1999


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl R. Gauck offered the following prayer:

Gracious and Heavenly Father: The Bible teaches us something of the varying levels of maturity that exist and Your Word teaches us how to gain strength through spiritual growth and experience. So we seek Your help to become more mature in our faith through the experiences we daily encounter here and at home and ask that we may benefit and grow from each encounter. In Your 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 Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
Absent with leave--Senators
Jacob Scott--2
The Lieutenant Governor was present.


RESOLUTIONS

Senator Singleton requested unanimous consent of the Senate to have SR 190 printed in the Journal, which request was granted.

SENATE RESOLUTION NO. 190

WHEREAS, it is with heavy hearts that the members of the Missouri Senate pause to acknowledge the numerous achievements of a life gone by, that of longtime Missouri 7th District Congressman Gene Taylor, who passed to his eternal reward on October 27, 1998; and

WHEREAS, born on February 10, 1928, in Sarcoxie, Missouri, Gene Taylor received his education at Southwest Missouri State University in Springfield and worked as a schoolteacher, insurance agent, and auctioneer before assuming ownership of a Ford Dealership in his home town where he became active in civic affairs and Republican politics; and

WHEREAS, Gene Taylor began his career in public service as a Sarcoxie City Council member and as mayor, and served as chairman of the Jasper County Republican Committee, 7th District GOP Chairman, member of the Republican National Committee in the 1960s, and delegate to the Republican National Conventions in 1960 and 1968 before his initial election to the United States Congress in 1972; and

WHEREAS, a remarkable storyteller and friend to his many constituents of Southwest Missouri, Gene Taylor served on the Public Works and Transportation Committee, the Post Office and Civil Service Committee, and the Rules Committee during his impressive sixteen-year tenure in Congress where he was known as the sage of the Ozarks and was well-liked on both sides of the aisle; and

WHEREAS, prior to his retirement from Congress in 1988, Gene Taylor championed highway projects in the 7th Congressional District, received credit for getting new post offices built in Springfield and other cities in his district, and assisted in the establishment of a veterans clinic and nursing home at Mount Vernon; and

WHEREAS, a founding trustee and member of the Board of Regents of Missouri Southern State College in Joplin, Gene Taylor was sincerely admired and deeply respected throughout his community for his active affiliations with such civic and professional organizations as the Lions Club; Sarcoxie Masonic Lodge 293; the Scottish Rite of Joplin; Abou Ben Adhem Shrine of Springfield; Charity Chapter 341, Order of the Eastern Star; the Missouri Auto Dealers Association; and the Missouri Academy of Squires; and

WHEREAS, Gene Taylor leaves behind to cherish his memory his devoted wife of fifty-one years, Dorothy Wooldridge Taylor; his two children, Larry Taylor and Linda Cobine; his five grandchildren and one great-granddaughter; and a host of family and friends:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, unanimously join in paying final tribute to Gene Taylor, a tireless advocate for the people of Missouri and a remarkable gentleman who will be sadly missed by all those who had the distinct pleasure of knowing and loving him; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mrs. Dorothy Taylor, as an expression of our deepest sympathy.

President Wilson assumed the Chair.

CONCURRENT RESOLUTIONS

Senator Stoll offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 13

WHEREAS, many states and localities, based upon provisions of the Social Security Act, have affiliated with the Social Security System and developed excellent retirement and related programs that include both Social Security benefits and benefits from the respective state or local government pension plan; and

WHEREAS, other states and localities, in reliance upon the voluntary affiliation provisions, have not elected to participate in Social Security and have developed independent and excellent programs of retirement and related benefits; and

WHEREAS, the 105th Congress of the United States considered provisions to address the long-range funding issues of the Social Security System; and

WHEREAS, in considering such long-range funding issues, the 105th Congress of the United States considered legislation that would mandate Social Security coverage upon states and localities and their employees who have elected not to participate in Social Security; and

WHEREAS, the 106th Congress of the United States is expected to consider the issue of mandating Social Security coverage upon such employees of states and localities; and

WHEREAS, imposition of mandated Social Security coverage upon states, localities and their employees would create substantial cost pressures, necessitating rapid and ill-considered changes in plan design, including the possible abandonment of existing programs; and

WHEREAS, mandating Social Security coverage upon employees of states and localities who have elected not to participate in the Social Security System would increase expenses of such states and localities, which could result in an increase of taxes to citizens of such states and localities; and

WHEREAS, the inclusion of states, localities and their employees in the Social Security System would not solve the System's long-range funding problems; and

WHEREAS, serious constitutional questions are raised by the imposition of mandatory Social Security coverage of states, localities and their employees:

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the Ninetieth General Assembly, the House of Representatives concurring therein, that it record strong opposition to mandatory Social Security coverage for public employees of state and local governments; and

BE IT FURTHER RESOLVED that the members of the Missouri Senate of the Ninetieth General Assembly, the House of Representatives concurring therein, hereby support the affiliation of states, localities and their employees with Social Security and Medicare only by means of a voluntary referendum; 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 Congressional delegation.

INTRODUCTION OF BILLS

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

SB 410-By Howard.

An Act to repeal section 70.686, RSMo 1994, relating to retirement benefits for officers and employees of political subdivisions, and to enact in lieu thereof one new section relating to the same subject.

SB 411-By Maxwell.

An Act to repeal sections 59.020, 59.040, 59.041, 59.050, 59.090, 59.100, 59.130, 59.140, 59.150, 59.250, 59.255, 59.257, 59.260 and 59.300, RSMo 1994, relating to recorder of deeds, and to enact in lieu thereof twelve new sections relating to the same subject.

SB 412-By Goode.

An Act to repeal section 130.057, RSMo Supp. 1998, relating to certain campaign finance reports, and to enact in lieu thereof one new section relating to the same subject.

SB 413-By Johnson, Mathewson, Wiggins, Staples and Maxwell.

An Act to repeal section 329.190, RSMo Supp. 1998, relating to the state board of cosmetology, and to enact in lieu thereof one new section relating to the same subject.

SB 414-By Stoll.

An Act to repeal sections 142.815, 142.824, 142.875, 142.905 and 142.908, RSMo Supp. 1998, relating to motor fuel tax, and to enact in lieu thereof five new sections relating to the same subject.

REPORTS OF STANDING COMMITTEES

Senator Johnson, Chairman of the Committee on State Budget Control, submitted the following report:

Mr. President: Your Committee on State Budget Control, to which was referred SB 291, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Quick, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guberna-torial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Sharon H. Edison and Thomas C. Cusak, as members of the Missouri State Board of Accountancy;

Also,

John R. Wilson, as a member of the Missouri Housing Development Commission;

Also,

John E. Dial, as a public member of the Missouri Training and Employment Council;

Also,

Jonathan D. Finck and Paul T. Leverington, as members of the State Committee for Social Workers;

Also,

Anthony G. Ell, as a member of the Missouri Emergency Response Commission;

Also,

Cosette D. Kelly, as a public member of the Clean Water Commission;

Also,

Reaner G. Shannon, as a member of the Minority Environmental Literacy Advisory Committee;

Also,

Marcia D. Shadel, as a member of the State Board of Embalmers and Funeral Directors;

Also,

Linda L. Cartwright, as a member of the Workers' Compensation Determinations Review Board;

Also,

Edward H. Bliefnick, as a member of the Peace Officer Standard and Training Commission;

Also,

John M. Boyer, as a member of the Dam and Reservoir Safety Council;

Also,

William G. Gillespie, as a member of the Harris-Stowe State College Board of Regents;

Also,

Donald E. Thompson, as a member of the Health and Educational Facilities Authority of the State of Missouri;

Also,

Michael E. Joseph, as a member of the State Board of Registration for the Healing Arts;

Also,

Donna M. Zaring, as a member of the State Board of Barber Examiners;

Also,

Joyce F. Marshall, as a member of the Missouri Head Injury Advisory Council;

Also,

Deborah A. Depew, as a member of the State Board of Registration for the Healing Arts;

Also,

Jerome E. Glick, as a member of the Unmarked Human Burial Consultation Committee.

Senator Quick requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Quick moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

REFERRALS

President Pro Tem Quick referred SCR 12 to the Committee on Rules, Joint Rules and Resolutions.

President Pro Tem Quick re-referred SB 362 to the Committee on Civil and Criminal Jurisprudence.

THIRD READING OF SENATE BILLS

SB 291, introduced by Senator Caskey, entitled:

An Act to repeal sections 210.843, 454.430, 454.520, 454.810 and 516.350, RSMo 1994, and sections 452.340, 452.345, 452.350, 454.415, 454.432, 454.433, 454.460, 454.495, 454.505, 454.530 and 483.163, RSMo Supp. 1998, relating to child support enforcement, and to enact in lieu thereof sixteen new sections relating to the same subject, with an emergency clause.

Was taken up.

On motion of Senator Caskey, SB 291 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

President Quick assumed the Chair.

On motion of Senator Caskey, title to the bill was agreed to.

Senator Caskey moved that the vote by which the bill passed be reconsidered.

Senator DePasco moved that motion lay on the table, which motion prevailed.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Judiciary, to which was referred SB 141, begs leave to report that it has considered the same and recommends that the bill do pass.

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 7, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred SB 318, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On behalf of Senator Scott, Chairman of the Committee on Pensions and General Laws, Senator DePasco submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred SB 78, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 203, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Caskey, Chairman of the Committee on Ethics, submitted the following report:

Mr. President: Your Committee on Ethics, to which were referred SB 31 and SB 285, 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 report:

Mr. President: Your Committee on Transportation, to which was referred SB 294, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Goode, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President: Your Committee on Appropriations, to which was referred SB 184, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 184, Page 1, Section 186.060, Line 4, by inserting an opening bracket "[" before "and"; and further amend line 5, by inserting a closing bracket "]" after "186.055".

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

Mr. President: Your Committee on Education, to which was referred SB 163, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator DePasco, 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 was referred SCR 10, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 5, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Concurrent Resolution No. 5, appearing on Page 81 of the Senate Journal for Wednesday, January 13, 1999, Column 2, Lines 2-7, by striking all of said lines and inserting in lieu thereof the following:

"BE IT FURTHER RESOLVED that the actual and necessary expenses of executive branch members and members appointed by the governor as well as the actual and necessary expenses of any staff provided by the office of administration and the cost of any outside consultants to the commission shall be paid from funds appropriated to the office of administration; and

BE IT FURTHER RESOLVED that the actual and necessary expenses of the legislative members and any legislative staff assigned to the commission shall be paid from the joint contingent fund; and".



Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 8, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 11, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

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

Mr. President: Your Committee on Education, to which was referred SB 289, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 289, Page 9, Section 162.896, Line 58, by inserting immediately after "system" the following: "or nonteacher school employee retirement system, as appropriate and if otherwise eligible"; and further amend line 59, by inserting immediately after "system" the following: "or nonteacher school employee retirement system"; and further amend line 60, by inserting immediately after "system" the following: "or nonteacher school employee retirement system, respectively,"; and further amend line 63, by inserting immediately after "system" the following: "or nonteacher school employee retirement system, as appropriate and if otherwise eligible".

SENATE COMMITTEE AMENDMENT NO. 2

Amend Senate Bill No. 289, Page 8, Section 162.896, Line 13, by striking the following: ", and" and inserting in lieu thereof the following: ". Members of the cooperative shall be elected to serve three-year terms which shall begin on May first of the year of election and end on April thirtieth of the third following year, except that initial members shall be appointed by May 1, 1999 or thirty days following the effective date of this section, whichever later occurs. For the election in calendar year 1999, four members shall be selected from the special school district by the governing council and three members shall be elected from the metropolitan school district within the cooperative by the governing body of the metropolitan school district, and for elections in calendar year 2002 and thereafter,".

SENATE BILLS FOR PERFECTION

Senator Schneider moved that SB 295 and SB 46, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SCS for SBs 295 and 46, as amended, was again taken up.

Senator Flotron offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 295 and 46, Section 537.610, Page 6, Line 42, by adding after said line the following:

"7. Notwithstanding any other provisions of 537.600 to 537.650 the rules of joint and several liability as set out in 537.067 shall not apply to the state, its public entities and their employees, agents, servants and representatives on claims within the scope of sections 537.600 to 537.650, but the state, its public entities and their employees, agents, servants and representatives shall be liable only for any amounts apportioned to them and directly attributable to them.".

Senator Flotron moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

Senator Schneider requested a roll call vote be taken on the adoption of SA 3 and was joined in his request by Senators Kenney, Russell, Steelman and Stoll.

Senator Johnson assumed the Chair.

SA 3 failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Flotron Graves
Kenney Kinder Mueller Rohrbach
Russell Sims Singleton Westfall--12
NAYS--Senators
Bland Caskey DePasco Ehlmann
House Howard Johnson Klarich
Mathewson Maxwell Quick Schneider
Staples Steelman Stoll Wiggins
Yeckel--17
Absent--Senators
Banks Clay Goode--3
Absent with leave--Senators
Jacob Scott--2

Senator Mathewson assumed the Chair.

At the request of Senator Schneider, SB 295 and SB 46, with SCS, as amended (pending), were placed on the Informal Calendar.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 195, regarding the Ninetieth Birthday of Irma J. Holle, Herculaneum, which was adopted.

Senator Wiggins offered Senate Resolution No. 196, regarding the death of Andrew V. Soloducha, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 197, regarding the death of James Henry Patrick Day, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 198, regarding the death of LeRoy Franklin McComb, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 199, regarding the death of Ruby Maxine Tedlock, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 200, regarding the death of Morris Bell, Kansas City, which was adopted.

MESSAGES FROM THE GOVERNORThe following message was received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 3, 1999

TO THE SECRETARY OF THE SENATE

90th GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 193 entitled:

AN ACT

To amend chapter 94, RSMo, by adding thereto one new section relating to sales tax for flood relief projects, with an emergency clause.

On February 3, 1999, I approved said Senate Bill No. 193.

Respectfully submitted,

MEL CARNAHAN

Governor

INTRODUCTIONS OF GUESTS

Senator House introduced to the Senate, Christopher Huebner, Sean Gallaher, Kyle Barrett, James Sills, Jana Huebner, Danielle Langness, Andrea Barrett and Bill and Anita Huebner, St. Charles County; and Christopher, Sean, Kyle, James, Jana, Danielle and Andrea were made honorary pages.

On behalf of Senator Scott and himself, Senator Clay introduced to the Senate, Lydia Perez, Sara Myers, Kyle Ebert and Gus Stevenson, St. Louis; and Lydia, Sara, Kyle and Gus were made honorary pages.

Senator Russell introduced to the Senate, the Physician of the Day, Dr. Ron Edwards, M.D., Waynesville.

Senator Flotron introduced to the Senate, Kevin M. Connor, Kansas City; Barbara Swanson, Jefferson City; Joseph Cavato, Father Mitchell S. Doyen, Rita M. Montgomery-Hollie and Father Edward Richard, St. Louis; Dr. Henry Clever, Jr., St. Charles; Richard R. Cuba, Cape Girardeau; Diane Daly, Kirkwood; Dr. Karen Hauser, St. Joseph; Rev. David Miller, Boonville; and Sister Fran Stein, RSM and the Most Reverend John Leibrecht, Springfield.

Senator Kenney introduced to the Senate, Don, Laura and Zachery McNulty, Blue Springs; and Lisa Stubbendick.

On behalf of Senator Quick, the President introduced to the Senate, Pete and Bridgett Gilbreath, and their children, August, Gretchen and

Kathryn, Homeschoolers from Holt; and August, Gretchen and Kathryn were made honorary pages.

On motion of Senator DePasco, the Senate adjourned until 4:00 p.m., Monday, February 8, 1999.