Journal of the Senate

FIRST REGULAR SESSION


THIRTY-FIRST DAY--MONDAY, MARCH 1, 1999


The Senate met pursuant to adjournment.

President Mathewson in the Chair.

The Reverend Carl R. Gauck offered the following prayer:

Gracious and Merciful God: We are thankful for this marvelous day You have bestowed on us and the appreciation we have as we arrive to begin another week of work and learning and the sharing with one another the varied responsibilities we have been given. Guide our steps and thoughts this week by Your Holy Spirit as we watch in solemn wonder, beholding the great love You have shown us. In Your Holy Name. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

The Journal for Thursday, February 25, 1999, was read and approved.

The following Senators were present during the day's proceedings:

Present--Senators
Bentley 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--32
Absent with leave--Senators
Banks Bland--2
The Lieutenant Governor was present.


RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 308, regarding Jack Albertson, California, which was adopted.

Senator Steelman offered Senate Resolution No. 309, regarding Sue Eudaly, Rolla, which was adopted.

Senator Steelman offered Senate Resolution No. 310, regarding Bob McKune, Rolla, which was adopted.

Senator Steelman offered Senate Resolution No. 311, regarding Dr. William "Bill" Moorkamp, Rolla, which was adopted.

Senator Howard offered Senate Resolution No. 312, regarding the One Hundred Fiftieth Anniversary of Butler County, which was adopted.

Senator Quick offered Senate Resolution No. 313, regarding Daniel Higgins, Gladstone, which was adopted.

Senator Quick offered Senate Resolution No. 314, regarding Keith Lee Rinne, Kearney, which was adopted.

Senator Schneider offered Senate Resolution No. 315, regarding Ruthie Sprague, Manchester, which was adopted.

Senators Quick, Howard, Wiggins, Rohrbach and Childers offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 316

WHEREAS, the members of the Missouri Senate are truly proud of the outstanding role that Show-Me State fire fighters have fulfilled in protecting the lives and property of their fellow citizens; and

WHEREAS, the state of Missouri is fortunate to be served by more than 30,000 career and volunteer fire fighters who meet their responsibilities with exemplary efforts that are channeled through more than nine hundred organized fire departments; and

WHEREAS, one of the most dangerous vocations in the country, fire fighting demands constant vigilance on the part of fire fighters who daily imperil themselves in the pursuit of the protection of others and their property; and

WHEREAS, many of this state's fire fighters have made the ultimate sacrifice by giving their lives in the performance of their duties as they unselfishly place themselves in harm's way in order to successfully preserve those they are called upon to protect from the perils of flame and smoke; and

WHEREAS, to honor those who have died in the line of duty, the Fire Fighters Association of Missouri has embarked upon a campaign to raise the funds necessary to establish a memorial and museum to capture the past, present, and future spirit of the fire service; and

WHEREAS, to be erected at the centrally-located intersection of U.S. 54 and Interstate 70 in Kingdom City, the memorial will consist of a personalized brick walkway leading to a memorial statue of a grieving fire fighter in protective clothing kneeling atop a base inscribed with the Fire Fighters Prayer; and

WHEREAS, scheduled to be completed by the spring of the year 2000, the Memorial will serve as the location of an annual memorial service to honor all fire fighters in the state and to acknowledge their dedication and professional service:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, join unanimously to applaud the work of the Fire Fighters Memorial Foundation of Missouri as it prepares the groundwork and follow-up required for an undertaking of this magnitude; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the Fire Fighters Memorial Foundation of Missouri, as a measure of our respect for it and its memorial project.

Senators Quick, Howard, Wiggins, Caskey, Russell, Mathewson and Childers offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 317

WHEREAS, upon occasion the members of the Missouri Senate take pause from their legislative work in order to honor an individual who has brought glory to this fine state through career achievements that have been marked by competence, professionalism, diligence, and dedication; and

WHEREAS, born in St. Joseph, Missouri, on November 4, 1916, Walter Cronkite began his exemplary journalism career as a campus correspondent for the Houston Post during high school and his freshman year at the University of Texas; and

WHEREAS, Walter Cronkite enjoyed a reputation for honesty, objectivity, superb research, and unflappability in the face of danger throughout his more than sixty years in journalism which continues even today as a consultant in association with his son Chip's documentary production company, Cronkite Productions, Incorporated, and assignments as a special correspondent for CBS, with which he has been affiliated for more than forty-eight years; and

WHEREAS, Walter Cronkite joined CBS News in Washington as a correspondent in 1950 and went on to serve as anchorman and managing editor of the CBS Evening News for nineteen years; and

WHEREAS, Walter Cronkite has served as a journalist in a variety of venues including that of a sports announcer for an Oklahoma City radio station, correspondent and bureau chief with United Press for eleven years, and broadcast journalist with CBS, PBS, The Discovery Channel, syndication, and others; and

WHEREAS, a close-at-hand World War II correspondent, Walter Cronkite chronicled nearly every major news story of the second half of the twentieth century including the Cold War, Viet Nam, the hostage crisis of Tehran, this nation's Bicentennial, Watergate, assassinations, space exploration, and the individuals and world leaders closely associated with those events; and

WHEREAS, with the dedication and induction of his bronze bust into the Hall of Famous Missourians, Walter Cronkite joins an illustrious group of native Missourians chosen for the enormity of contributions to their respective fields such as Emmett Kelly, Sr.; Harry S Truman; George Washington Carver; Mark Twain; Charlie "Bird" Parker; Walter Elias Disney; Generals John J. Pershing and Omar N. Bradley; Thomas Hart Benton; and others:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, join unanimously to applaud the life and work of Walter Cronkite upon his well-deserved induction into the Hall of Famous Missourians on Monday, March 8, 1999; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution to honor Walter Cronkite and to express our unwavering esteem for him.

Senator Yeckel offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 318

WHEREAS, Major General Paul A. Weaver, Jr., Director of the Air National Guard, has designated 1999 as "The Year Of The Enlisted Force" for the enlisted men and women of the Missouri Air National Guard; and

WHEREAS, in the course of the past fifty years, the enlisted men and women of the Missouri Air National Guard supported the missions during the Korean Conflict, Berlin Airlift, Vietnam Conflict, Desert Shield, Desert Storm, and peacekeeping missions in support of the United Nations; and

WHEREAS, in the last five years, Missouri enlisted personnel have served with honor, courage, and distinction in Saudi Arabia, Kuwait, Bosnia, Hungary, Honduras, Panama, Turkey, and in a host of other nations in peacekeeping or nation building roles to establish and maintain peace; and

WHEREAS, the proud and valorous efforts of the dedicated enlisted men and women of the Missouri Air National Guard have garnered over the years a number of impressive awards, including the Air National Guard Distinguished Flying Safety Award, Outstanding Unit Award, and Seven Air National Guard Outstanding Airman of the Year Awards; and

WHEREAS, the emphasis on charting the future, along with the establishment of solid attainable long-term goals by the senior enlisted leadership, ensures the viability of the Missouri Air National Guard well into the twenty-first century; and

WHEREAS, for the past half century, the enlisted men and women of the Missouri Air National Guard have continuously rendered outstanding unselfish service to the United States of America, the great State of Missouri, and the local community:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, join unanimously in commending and applauding the enlisted men and women of the Missouri Air National Guard during "The Year Of The Enlisted Force", in expressing gratitude for service rendered and sacrifices made, and in extending best wishes for continued success in meeting the challenges of tomorrow; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the Missouri Air National Guard.

Senator Staples offered Senate Resolution No. 319, regarding Charles Valentine "Val" Bates, Grand Exalted Ruler of the Benevolent and Protective Order of Elks of the U.S.A., which was adopted.

Senator Staples offered Senate Resolution No. 320, regarding Bonne Terre Elementary School, which was adopted.

Senator Rohrbach offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 321

WHEREAS, the General Assembly of the State of Missouri has a long tradition of rendering assistance to worthwhile youth activities, especially those related to governmental or citizenship projects; and

WHEREAS, the Jefferson City Downtown Rotary Club has sought to instill values of high integrity within our youth and to provide an opportunity for Missouri students to experience state government firsthand; and

WHEREAS, the General Assembly has maintained a policy of granting such organizations permission to use the Senate and House Chambers for beneficial purposes; and

WHEREAS, this year, the Downtown Rotary Club is sponsoring its annual Student Government Day, an event which will be highlighted by a meeting in the Senate Chambers at our State Capitol, where the students in attendance will be addressed by a representative of each of the three branches of government:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, hereby grant the Jefferson City Rotary Club permission to use the Senate Chamber for the purpose of conducting Student Government Day on April 5, 1999.

INTRODUCTION OF BILLS

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

SB 499-By Klarich.

An Act to authorize the director of the department of natural resources to grant an easement in Route 66 State Park in St. Louis County.

SB 500-By Westfall.

An Act to repeal section 301.191, RSMo Supp. 1998, relating to the inspection of homemade trailers, and to enact in lieu thereof one new section relating to the same subject.

SB 501-By Westfall.

An Act to repeal sections 302.171 and 302.181, RSMo Supp. 1998, relating to social security numbers on driver's licenses, and to enact in lieu thereof two new sections relating to the same subject.

SB 502-By Howard.

An Act to repeal sections 348.407 and 348.408, RSMo Supp. 1998, relating to the Missouri agricultural and small business development authority, and to enact in lieu thereof two new sections relating to rural agricultural businesses.

SB 503-By Howard.

An Act to repeal sections 195.050, 337.015 and 338.010, RSMo 1994, and sections 195.010, 195.100, 195.110, 195.204 and 195.400, RSMo Supp. 1998, relating to psychologists, and to enact in lieu thereof nine new sections relating to the same subject.

SB 504-By Mueller.

An Act to repeal sections 355.561 and 355.596, RSMo 1994, relating to not for profit corporations, and to enact in lieu thereof two new sections relating to the same subject.

SB 505-By Wiggins.

An Act to repeal sections 452.440, 452.445, 452.450, 452.455, 452.460, 452.465, 452.470, 452.475, 452.480, 452.485, 452.495, 452.500, 452.505, 452.510, 452.515, 452.520, 452.525, 452.530, 452.535, 452.540, 452.545 and 452.550, RSMo 1994, and section 452.490, RSMo Supp. 1998, relating to the uniform child custody jurisdiction act, and to enact in lieu thereof forty new sections relating to the same subject.

SB 506-By Wiggins.

An Act to repeal sections 400.9-101, 400.9-102, 400.9-107, 400.9-108, 400.9-109, 400.9-110, 400.9-111, 400.9-112, 400.9-113, 400.9-114, 400.9-201, 400.9-202, 400.9-204, 400.9-205, 400.9-206, 400.9-207, 400.9-208, 400.9-307, 400.9-308, 400.9-310, 400.9-311, 400.9-314, 400.9-315, 400.9-316, 400.9-317, 400.9-318, 400.9-401, 400.9-403, 400.9-404, 400.9-405, 400.9-406, 400.9-407, 400.9-408, 400.9-409, 400.9-501, 400.9-502, 400.9-503, 400.9-504, 400.9-505, 400.9-506, 400.9-507 and 400.9-508, RSMo 1994, and sections 400.9-103, 400.9-104, 400.9-105, 400.9-106, 400.9-115, 400.9-116, 400.9-203, 400.9-301, 400.9-302, 400.9-303, 400.9-304, 400.9-305, 400.9-306, 400.9-309, 400.9-312, 400.9-313 and 400.9-402, RSMo Supp. 1998, relating to the uniform commercial code, and to enact in lieu thereof one hundred thirty-four new sections relating to the same subject, with an effective date.

SB 507-By Childers.

An Act to repeal section 277.020, RSMo Supp. 1998, relating to livestock, and to enact in lieu thereof two new sections relating to the same subject.

SB 508-By Johnson.

An Act to amend chapter 266, RSMo, by adding thereto four new sections relating to Missouri seed law, with an effective date.

SB 509-By Maxwell.

An Act to amend chapter 143, RSMo, by adding thereto one new section relating to tax benefits for commodity contributions.

SB 510-By Graves.

An Act to amend chapter 430, RSMo, by adding thereto ten new sections relating to agricultural production liens.

SB 511-By Graves.

An Act to authorize the annexation of state property into the City of Maryville.

SB 512-By Stoll.

An Act to repeal section 163.031 as enacted by house bills nos. 641 & 593 in the eighty-ninth general assembly, first regular session, and section 163.031 as enacted by senate bill no. 781 in the eighty-ninth general assembly, second regular session, relating to state aid for public schools, and to enact in lieu thereof one new section relating to the same subject, with effective dates for certain sections.

SB 513-By Bland and DePasco.

An Act relating to screening for hearing loss in newborns.

SB 514-By Bland.

An Act to repeal section 630.405, RSMo Supp. 1998, relating to mental health patient services, and to enact in lieu thereof one new section relating to the same subject.

SB 515-By Bland.

An Act to repeal sections 430.230, 430.235, 430.240 and 430.250, RSMo 1994, relating to certain health practitioners, and to enact in lieu thereof six new sections relating to the same subject.

SB 516-By Bland.

An Act to amend chapter 441, RSMo, by adding thereto one new section relating to right of access by a landlord to a lessee's premises.

SB 517-By Bland.

An Act to repeal sections 354.430 and 354.535, RSMo Supp. 1998, relating to health maintenance organizations, and to enact in lieu thereof two new sections relating to the same subject.

SB 518-By Staples.

An Act to repeal section 67.1300, RSMo Supp. 1998, relating to sales tax for economic development, and to enact in lieu thereof one new section relating to the same subject.

SB 519-By Banks.

An Act to repeal section 167.181, RSMo Supp. 1998, relating to immunization, and to enact in lieu thereof one new section relating to the same subject.

SB 520-By Banks.

An Act to amend chapter 610, RSMo, by adding thereto one new section relating to criminal records.

SB 521-By Banks.

An Act to repeal section 191.825, RSMo 1994, relating to the joint committee on health care policy and planning, and to enact in lieu thereof one new section relating to the same subject.

SB 522-By Rohrbach.

An Act to repeal sections 570.010 and 570.130, RSMo 1994, relating to debit services, and to enact in lieu thereof two new sections relating to the same subject.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 433, 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 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 SB 362, 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 Civil and Criminal Jurisprudence, to which was referred SB 177, 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 report:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 456, 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 House, Chairman of the Committee on Education, submitted the following reports:

Mr. President: Your Committee on Education, to which was referred SB 148, 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 Education, to which was referred SB 460, 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 Education, to which were referred SB 320 and SB 445, 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 Maxwell, Chairman of the Committee on Commerce and Environment, submitted the following reports:

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 201, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 201, Page 1, Section 91.030, Line 14, by inserting immediately after "village" the following: ", unless said non-resident is already being supplied gas from an existing gas utility or city, town or village at the time of entry into the marketplace by the municipal gas distribution system. Distribution to non-residents under this section shall be considered a proprietary function".

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred SB 426, 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 Commerce and Environment, to which was referred SB 207, 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 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 were referred SB 180; SS for SCS for SBs 14, 60 and 69; and SS for SB 22, 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.

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

Mr. President: Your Committee on State Budget Control, to which were referred SB 184, SB 310 and SB 136, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

SB 184, introduced by Senator Staples, entitled:

An Act to repeal section 186.060, RSMo Supp. 1998, relating to the Missouri humanities council, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

On motion of Senator Staples, SB 184 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senator Rohrbach--1
Absent--Senators--None
Absent with leave--Senators
Banks Bland Jacob--3

The President declared the bill passed.

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

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

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

SS for SB 266, introduced by Senator Klarich, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 266

An Act to repeal section 451.022, RSMo Supp. 1998, relating to marriage, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

On motion of Senator Klarich, SS for SB 266 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers DePasco
Ehlmann Flotron Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators
Clay Goode--2
Absent--Senators--None
Absent with leave--Senators
Banks Bland Jacob--3

The President declared the bill passed.

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

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

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

SB 224, introduced by Senator Caskey, entitled:

An Act to amend chapter 434, RSMo, by adding thereto one new section relating to construction contracts.

Was taken up.

On motion of Senator Caskey, SB 224 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Banks Bland Jacob--3

Senator Johnson assumed the Chair.

The President declared the bill passed.

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.

SCS for SBs 240, 226 and 229, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 240, 226 and 229

An Act to repeal section 67.1360, RSMo Supp. 1998, relating to local sales tax for tourism, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

Was taken up by Senator DePasco.

On motion of Senator DePasco, SCS for SBs 240, 226 and 229 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
House Howard Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senator Graves--1
Absent--Senators--None
Absent with leave--Senators
Banks Bland Jacob--3

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senator Staples--1
Absent--Senators--None
Absent with leave--Senators
Banks Bland Jacob--3

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

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

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

SB 81, introduced by Senator Mathewson, entitled:

An Act to repeal section 311.485, RSMo Supp. 1998, relating to temporary permits for liquor by the drink, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

On motion of Senator Mathewson, SB 81 was read the 3rd time and passed by the following vote:

YEAS--Senators
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Schneider Scott
Sims Singleton Staples Steelman
Stoll Wiggins Yeckel--27
NAYS--Senators
Caskey Russell Westfall--3
Absent--Senator Bentley--1
Absent with leave--Senators
Banks Bland Jacob--3

The President declared the bill passed.

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

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

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

SB 136, introduced by Senator Goode, entitled:

An Act to repeal sections 8.250 and 8.294, RSMo Supp. 1998, and to enact in lieu thereof two new sections relating to contracts for state construction projects, with an effective date.

Was called from the Consent Calendar and taken up.

On motion of Senator Goode, SB 136 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Rohrbach Russell
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Quick Schneider--2
Absent with leave--Senators
Banks Bland Jacob--3

The President 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 Maxwell moved that motion lay on the table, which motion prevailed.

SB 310, introduced by Senator Maxwell, entitled:

An Act to repeal section 142.029, RSMo 1994, relating to the ethanol producer incentive fund, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Maxwell, SB 310 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Russell
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senator Schneider--1
Absent with leave--Senators
Banks Bland Jacob--3

The President declared the bill passed.

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

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

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

SB 158, introduced by Senators Singleton and Schneider, entitled:

An Act to repeal section 191.659, RSMo 1994, and section 191.663, RSMo Supp. 1998, relating to certain medical conditions, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Singleton.

On motion of Senator Singleton, SB 158 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Scott Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senator Staples--1
Absent--Senator Schneider--1
Absent with leave--Senators
Banks Bland Jacob--3

The President declared the bill passed.

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

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

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

President Wilson assumed the Chair.

SB 401, introduced by Senator Maxwell, entitled:

An Act to repeal section 60.315, RSMo 1994, relating to county surveyors and land surveys, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Maxwell, SB 401 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Goode Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Ehlmann Flotron--2
Absent with leave--Senators
Banks Bland Jacob--3

The President declared the bill passed.

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

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

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

SB 276, with SCA 1, introduced by Senator Caskey, entitled:

An Act to repeal section 360.060, RSMo 1994, and sections 360.015, 360.047 and 360.106, RSMo Supp. 1998, relating to the health and educational facilities authority, and to enact in lieu thereof four new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Caskey, SB 276, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Banks Bland Jacob--3

The President declared the bill passed.

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.

SENATE BILLS FOR PERFECTION

Senator Goode moved that SB 20 be taken up for perfection, which motion prevailed.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1



Amend Senate Bill No. 20, Page 1, In the Title, Line 3, by inserting immediately after the word "improvement" the following: ", with penalty provisions"; and

Further amend said bill, Page 2, Section 67.1600, Line 18, by inserting immediately after the word "municipality" the following: "or in the unincorporated area of a county of the first classification with a population greater than nine hundred thousand"; and further amend line 22, by striking the word "may" and inserting in lieu thereof the word "shall"; and

Further amend said bill, Page 2, Section 67.1600, Line 29, by inserting after the word "municipality" the following: "or county executive of a county of the first classification with a population greater than nine hundred thousand"; and further amend line 30, by striking the words "city council" and inserting in lieu thereof the following: "governing body of the municipality, or the governing body of the county"; and further amend line 31, by striking the opening parentheses "(" and further amend said line, by striking the closing parentheses ")" and inserting in lieu thereof a comma ","; and

Further amend said bill and section, Page 3, Line 75, by inserting immediately after "case of" the following: "owner occupied"; and

Further amend said bill, Page 3, Section 67.1603, Line 1, by inserting after the word "hundred" the word "inhabitants"; and further amend lines 3-4, by striking all of said lines and inserting in lieu thereof the following: "within the entire municipality shall be initiated by ordinance of the governing body"; and

Further amend said bill, Page 4, Section 67.1603, Lines 12 - 26, by striking all of said lines and inserting in lieu thereof the following:

"2. In a municipality with more than three hundred thousand inhabitants, the question of creating a home equity program within a portion of a municipality described as a township, district or ward shall be initiated by ordinance of the governing body of the municipality or by a petition signed by not less than five percent of the total number of registered voters of the municipality who voted in the last gubernatorial election, the registered voters of which are eligible to sign the petition.  It shall be the duty of the election authority having jurisdiction over such municipality to submit the question of creating a home equity program to the voters within the municipality at the regular election specified in the ordinance or petition initiating the question. If the question is initiated by petition and if the requisite number of signatures is not obtained in any township, district or ward included within the area described in the petition, then the petition shall be valid as to the area encompassed by those townships, districts or wards for which the requisite number of signatures is obtained and any such township, district or ward for which the requisite number of signatures is not obtained shall be excluded from the area.

3. In a county of the first classification with a population greater than nine hundred thousand, the question of creating a home equity program within a contiguous unicorporated area included entirely within any such county shall be initiated by ordinance of the governing body of the county, or by a petition signed by not less than five percent of the total number of registered voters within each township, district or ward to be served who voted in the last gubernatorial election, the registered voters of which are eligible to sign the petition. It shall be the duty of the election authority having jurisdiction over such county to submit the question of creating a home equity program to the voters within the area to be served at the regular election specified in the ordinance or petition initiating the question. If the question is initiated by petition and if the requisite number of signatures is not obtained in any township, district or ward included within the area described in the petition, then the petition shall be valid as to the area encompassed by those townships, districts or wards for which the requisite number of signatures is obtained and any such township, district or ward for which the requisite number of signatures is not obtained shall be excluded from the area."; and further amend said section by renumbering the remaining subsections accordingly; and

Further amend said bill, Page 4, Section 67.1603, Line 28, by inserting immediately after the word "municipality" the words "or county"; and

Further amend said bill, Page 5, Section 67.1603, Line 47, by inserting immediately after the word "municipality" the words "or county"; and

Further amend said bill, Page 6, Section 67.1606, Line 13, by inserting immediately after the word "municipality" the words "or county"; and

Further amend said bill, Page 6, Section 67.1609, Line 2, by inserting immediately after the word "municipality" the words "or county"; and further amend line 3, by striking the word "municipalities" and inserting in lieu thereof the words "such political subdivisions"; and further amend line 8, by striking the word "or" and inserting in lieu thereof a comma ","; and further amend said line by inserting after the word "municipalities" the following: "or county"; and further amend line 12, by striking the word "or" and inserting in lieu thereof a comma ","; and further amend said line by inserting after the word "municipalities" the following: "or county"; and

Further amend said bill, Page 8, Section 67.1612, Line 12, by inserting immediately after the word "municipality" the words "or county"; and

Further amend said bill, Page 10, Section 67.1621, Line 18, by inserting immediately after "price" the following: "equal to or greater than the guaranteed value on"; and

Further amend said bill and section, Page 11, Line 60, by striking "sixty-day" and inserting in lieu thereof the following: "ninety-day"; and

Further amend said bill, Page 16, Section 67.1648, Line 7, by inserting immediately after the word "municipality" the words "or county".

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

Senator Goode offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 20, Page 1, In the Title, Line 3, by inserting immediately after the word "improvement" the following: ", with a termination date"; and

Further amend said bill, Page 17, Section 67.1633, Line 4, by inserting after all of said line the following:

"Section B. The provisions of sections 67.1600 to 67.1663 shall expire on December 31, 2010.".

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

Senator Staples assumed the Chair.

On motion of Senator Goode, SB 20, as amended, was declared perfected and ordered printed.

Senator Mathewson assumed the Chair.

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

February 26, 1999

TO THE SENATE OF THE 90th 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:

Toby Ray Bottom, 6505 County Road 200, Joplin, Jasper County, Missouri 64801, as a member of the Board of Boiler and Pressure Vessel Rules, for a term ending May 31, 2001, and until his successor is duly appointed and qualified; vice, Jim G. Smith, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 26, 1999

TO THE SENATE OF THE 90th 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:

Guy S. Deyton, D.D.S., 7515 Northwest 79th, Kansas City, Platte County, Missouri 64152, as a member of the Missouri Dental Board, for a term ending October 16, 2002, and until his successor is duly appointed and qualified; vice, Gerald Spencer, D.D.S., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 26, 1999

TO THE SENATE OF THE 90th 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:

Deborah I. Halter, 4310 Grace Avenue, St. Louis, St. Louis County, Missouri 63116, as a member of the Missouri Veterans Commission, for a term ending November 2, 2000, 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

February 26, 1999

TO THE SENATE OF THE 90th 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:

Jean N. Grabeel, Democrat, 5250 Shari Lane, Rogersville, Greene County, Missouri 65742, as a member of the State Milk Board, for a term ending September 28, 2000, and until her successor is duly appointed and qualified; vice, Leroy Blunt, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 26, 1999

TO THE SENATE OF THE 90th 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:

Karen M. Luebbert, Ph.D., 1220 Somerset Field Drive, Chesterfield, St. Louis County, Missouri 63005, as a member of the Missouri Higher Education Loan Authority, for a term ending October 22, 2003, 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

February 26, 1999

TO THE SENATE OF THE 90th 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:

Elaina M. Wolzak, 4528 Northeast Kingston Drive, Lee's Summit, Jackson County, Missouri 64064, as a member of the Missouri Board of Pharmacy, for a term ending October 29, 2003, and until her successor is duly appointed and qualified; vice, Hargie Boykin, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

INTRODUCTION OF BILLS

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

SB 523-By Kinder.

An Act to repeal section 162.790, RSMo 1994, relating to state funding for the education of certain disabled students, and to enact in lieu thereof one new section relating to the same subject.

SB 524-By House.

An Act to amend chapters 143 and 208, RSMo, by adding thereto two new sections relating to tax relief for victims of the Nazi holocaust.

SB 525-By Rohrbach.

An Act to amend chapter 313, RSMo, by adding thereto one new section relating to raffles and sweepstakes, with penalty provisions.

SB 526-By Schneider.

An Act to amend chapter 33, RSMo, by adding thereto sixteen new sections relating to procedures and remedies for reporting and recovery of public funds lost to fraud.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Education, to which was referred SB 399, 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 142, 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 Johnson, 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 308 and 314; SCS for SBs 8 and 173; SS for SCS for SBs 160 and 82; and SB 294, begs leave to report that it has considered the same and recommends that the bills do pass.

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 refuses to adopt SCS for HCS for HB 14 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 315, entitled:

An Act to repeal section 301.142, RSMo Supp. 1998, relating to disabled person license plates and placards, 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 517, entitled:

An Act to repeal sections 302.136 and 302.138, RSMo Supp. 1998, relating to the motorcycle safety program advisory committee, 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 478, entitled:

An Act to repeal section 375.147, RSMo 1994, relating to the managing general agents act, 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 185, entitled:

An Act to repeal section 302.291, RSMo Supp. 1998, relating to drivers' licenses, 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.

PRIVILEGED MOTIONS

Senator Goode moved that the Senate refuse to recede from its position on SCS for HCS for HB 14 and grant the House a conference thereon, which motion prevailed.

SECOND READING OF SENATE BILLS

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

SB 476--Commerce and Environment.

REFERRALS

President Pro Tem Quick referred SB 353, with SCA 1; SS for SCS for SBs 14, 60 and 69; and SS for SB 22 to the Committee on State Budget Control.

INTRODUCTIONS OF GUESTS

Senator Rohrbach introduced to the Senate, Dalrymple Marsh, Jefferson City.

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