Journal of the Senate

FIRST REGULAR SESSION


FIFTIETH DAY--THURSDAY, APRIL 8, 1999


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

REFERRALS

President Pro Tem Quick referred HB 153 to the Committee on State Budget Control.

On motion of Senator DePasco, the Senate recessed until 10:00 a.m.

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem Quick.

The Reverend Carl R. Gauck offered the following prayer:

Gracious and Heavenly Father: We give You thanks for being adopted as Your children and given the ability to take on impossible tasks knowing that You will supply all the power needed to carry out Your will. So we pray this day that we may draw on that Power to complete the job You have called us to do. And be with us as we travel home, bringing us safely to our destinations. 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.

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 HB 153, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HB 153, introduced by Representative Leake, et al, 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 by Senator Maxwell.

On motion of Senator Maxwell, HB 153 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Russell Schneider Scott Sims
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators
Goode Rohrbach--2
Absent--Senators
Banks Singleton--2
Absent with leave--Senators--None

The President Pro Tem 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 DePasco moved that motion lay on the table, which motion prevailed.

THIRD READING OF SENATE BILLS

SB 506, introduced by Senator Wiggins, entitled:

An Act to repeal sections 400.2-401, 400.2-402, 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-six new sections relating to the same subject, with an effective date.

Was taken up.

On motion of Senator Wiggins, SB 506 was read the 3rd time and passed by the following vote:

YEAS--Senators
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--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

President Wilson assumed the Chair.

The President declared the bill passed.

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

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

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

SB 451, introduced by Senator Singleton, entitled:

An Act to repeal sections 590.100, 590.101, 590.110, 590.116, 590.117, 590.121, 590.130, 590.131, 590.150, 590.178 and 590.180, RSMo 1994, and sections 590.105, 590.115, 590.135 and 590.140, RSMo Supp. 1998, relating to public safety, and to enact in lieu thereof eighteen new sections relating to the same subject, with an emergency clause.

Was taken up.

On motion of Senator Singleton, SB 451 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers 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--33
NAYS--Senators--None
Absent--Senator Clay--1
Absent with leave--Senators--None

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 Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None

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

Senator DePasco announced that photographers from the Senate had been given permission to take pictures in the Senate Chamber today.

SENATE BILLS FOR PERFECTION

At the request of Senator Stoll, SB 455, with SCA 1, was placed on the Informal Calendar.

Senator Howard moved that SB 30, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 30, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 30

An Act to repeal section 278.080, RSMo Supp. 1998, as enacted by senate bill 3 of the first regular session of the eighty-eighth general assembly, and section 278.080, RSMo Supp. 1998, as enacted by senate bill 65 of the first regular session of the eighty-eighth general assembly, relating to the state soil and water districts commission, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was taken up.

Senator Howard moved that SCS for SB 30 be adopted.

President Pro Tem Quick assumed the Chair.

At the request of Senator Howard, SB 30, with SCS (pending), was placed on the Informal Calendar.

SB 440, with SCS, was placed on the Informal Calendar.

Senator Goode moved that SB 495 be taken up for perfection, which motion prevailed.

Senator House assumed the Chair.

On motion of Senator Goode, SB 495 was declared perfected and ordered printed.

Senator Mueller moved that SB 29 be taken up for perfection, which motion prevailed.

On motion of Senator Mueller, SB 29 was declared perfected and ordered printed.

Senator Ehlmann moved that SB 94, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 94, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 94

An Act to repeal sections 191.905, 252.235, 569.095, 569.097, 569.099, 570.020, 570.080, 570.085, 570.120, 570.125, 570.130, 570.210, 570.300, 578.150, 578.377, 578.379, 578.381 and 578.385, RSMo 1994, and section 570.030, RSMo Supp. 1998, relating to the felony limit for certain crimes, and to enact in lieu thereof nineteen new sections relating to the same subject.

Was taken up.

Senator Ehlmann moved that SCS for SB 94 be adopted.

Senator Ehlmann offered SS for SCS for SB 94, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 94

An Act to repeal section 570.080, RSMo 1994, and section 570.030, RSMo Supp. 1998, relating to the felony limit for certain crimes, and to enact in lieu thereof two new sections relating to the same subject.

Senator Ehlmann moved that SS for SCS for SB 94 be adopted.

At the request of Senator Ehlmann, SB 94, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

President Pro Tem Quick assumed the Chair.

Senator Howard moved that SB 377, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 377, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 377

An Act to repeal section 630.003, RSMo 1994, relating to the state mental health commission, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Howard moved that SCS for SB 377 be adopted.

Senator Howard offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 377, Page 1, Section 630.003, Lines 8 and 9, by striking after the period on line 8 and all of line 9.

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

Senator Howard moved that SCS for SB 377, as amended, be adopted, which motion prevailed.

On motion of Senator Howard, SCS for SB 377, as amended, was declared perfected and ordered printed.

Senator Childers moved that SB 125, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

On motion of Senator Childers, SB 125, as amended, was declared perfected and ordered printed.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HB 153, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

SENATE BILLS FOR PERFECTION

Senator Flotron moved that SB 371, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

On motion of Senator Flotron, SB 371, as amended, was declared perfected and ordered printed.

Senator House moved that SB 208, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 208, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 208

An Act to repeal sections 161.097 and 173.005, RSMo 1994, relating to higher education, and to enact in lieu thereof four new sections relating to the same subject.

Was taken up.

Senator House moved that SCS for SB 208 be adopted.

Senator Childers offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 208, Page 1, Section 161.097, Line 7, by inserting after "board." the following: "If the state board of education accepts national or regional accreditations in lieu of the standards and procedures established pursuant to this subsection, the state board shall select more than one national or regional accreditation to accept in lieu of such standards and procedures.".

Senator Childers moved that the above amendment be adopted.

At the request of Senator Childers, SA 1 was withdrawn.

Senator House offered SS for SCS for SB 208, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 208

An Act to repeal sections 161.097 and 173.005, RSMo 1994, relating to higher education, and to enact in lieu thereof four new sections relating to the same subject.

Senator House moved that SS for SCS for SB 208 be adopted.

At the request of Senator House, SB 208, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

Senator Schneider moved that SB 440, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 440, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 440

An Act to repeal sections 66.010, 211.023, 478.037, 478.265, 478.266, 478.267 and 487.050, RSMo 1994, and sections 478.003, 478.268, 478.466, 479.500, 487.020, 487.030, 487.040, 487.170, 535.200 and 535.210, RSMo Supp. 1998, relating to judicial commissioners in circuit courts, and to enact in lieu thereof seventeen new sections relating to the same subject, with an emergency clause and expiration dates for certain sections.

Was taken up.

Senator Schneider moved that SCS for SB 440 be adopted.

Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 440, Page 4, Section 478.037, Line 3, by striking the word "have" from said line; and further amend said bill, page and section, lines 4-6, by striking all of said lines and inserting in lieu thereof the word "serve".

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

Senator Schneider moved that SCS for SB 440, as amended, be adopted, which motion prevailed.

On motion of Senator Schneider, SCS for SB 440, as amended, was declared perfected and ordered printed.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 199, entitled:

An Act to amend chapter 452, RSMo, relating to dissolution of marriage, by adding thereto 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 857, entitled:

An Act to repeal section 513.430, RSMo 1994, relating to property exempt from attachment, 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 HS for HCS for HB 441, entitled:

An Act to amend chapter 290, RSMo, relating to wages, hours and dismissal rights by adding thereto one new section relating to the disclosure of employment information.

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 115, entitled:

An Act relating to tax relief for expenditures of small businesses for ADA improvements, with an effective date.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 701, entitled:

An Act to repeal sections 135.205, 135.207, 135.208, 135.225 and 135.230, RSMo Supp. 1998, relating to tax credit programs administered by the department of economic development, and to enact in lieu thereof seven 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 HS for HCS for HB 793, entitled:

An Act to repeal sections 313.805, 313.807, 313.817, 313.822, 313.830 and 572.010, RSMo 1994, and section 313.807, as reprinted in RSMo Supp. 1998, relating to gaming, and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 460, entitled:

An Act to amend chapter 191, RSMo, relating to health and welfare by adding thereto one new section relating to mandatory testing for communicable diseases, with a penalty provision.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 814, entitled:

An Act relating to escrow accounts for tobacco product manufacturers, with penalty provisions and an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REPORTS OF STANDING COMMITTEES

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, after examination of HB 550, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 183, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 69, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HS for HCS for HB 274, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 136, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 426, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SCS for SB 441; SCS for SBs 387, 206 and 131; SB 359; SCS for SB 351; SB 89; and SB 71, 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.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 514, begs leave to report that it has considered the same and recommends that the resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 17, 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 HCR 4, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

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

Mr. President: Your Committee on Guber-natorial 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:

Guy S. Dayton, as a member of the Missouri Dental Board;

Also,

Margaret "Meg" A. Harding, as a member of the Hazardous Waste Management Commission;

Also,

Karla K. Dwyer, as a member of the Drug Utilization Review Board;

Also,

Stanley E. Thawley, as a member of the Missouri Board of Examiners for Hearing Instrument Specialists;

Also,

Martha A. Gragg, as a member of the Missouri Board for Respiratory Care;

Also,

Gerald P. Greiman, as a member of the Missouri State Employees Deferred Compensation Commission;

Also,

Jean N. Grabeel, as a member of the State Milk Board;

Also,

John H. Teal, as a public member of the State Board of Cosmetology;

Also,

Gregory L. Hempen, as a member of the Seismic Safety Commission;

Also,

William E. James and Robert J. Mayfield, as members of the Missouri State Lottery Commission;

Also,

Joseph H. Collison, Chairman and member of the Board of Election Commissioners for Platte County;

Also,

George R. Rose, as Secretary and member of the Board of Election Commissioners for Platte County;

Also,

Debbie M. Ulinski, as a public member of the Missouri State Committee of Interpreters;

Also,

Judith A. Steffen-Drake, as a member of the Advisory Commission for Clinical Perfusionists.

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

Senator DePasco 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.

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

Mr. President: Your Committee on Elections, Veterans' Affairs and Corrections, to which was referred SB 525, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 532, regarding the Tenth Anniversary of the Missouri Valley Big Brothers Big Sisters, which was adopted.

Senator Rohrbach offered Senate Resolution No. 533, regarding JoAnn Koetting, Eugene, which was adopted.

Senator Rohrbach offered Senate Resolution No. 534, regarding National Crime Victims' Rights Week, which was adopted.

Senator Russell offered Senate Resolution No. 535, regarding Bob Dryer, Hartville, which was adopted.

Senator Wiggins offered Senate Resolution No. 536, regarding the death of Dr. John J. Mayer, Jr., Kansas City, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Kenney introduced to the Senate, Debbie, Derrick, and Nick Martin, Homeschoolers from Lee's Summit; and Derrick and Nick were made honorary pages.

Senator Kenney introduced to the Senate, Edgy, Nathan, Mackenzie, Stephen, Sally, Annie and Betsy Sack, Homeschoolers from Lee's Summit; and Nathan, Mackenzie, Stephen, Sally, Annie and Betsy were made honorary pages.

Senator Kenney introduced to the Senate, Becky, Cheryl, Nathan and Thomas Bennett, Homeschoolers from Lee's Summit; and Cheryl, Nathan and Thomas were made honorary pages.

Senator Kenney introduced to the Senate, Keith, Ramonda and Katie Alexander, Homeschoolers from Blue Springs; and Katie was made an honorary page.

Senator Bentley introduced to the Senate, the Physician of the Day, her husband, Dr. John Bentley, M.D., Springfield.

Senator Kenney introduced to the Senate, Mark Brewster, Dave Wright, Jerry Lewis, Jamey Jones, Stacy Jenkins, Dennie Littrell and Debbie Whistler, Blue Springs.

Senator Graves introduced to the Senate, Sue Dorrel, Diane Lade and forty-one seventh and eighth grade students from St. Gregory School, Maryville; and Greg Barmann, Julie Taylor, Kristin Auffert and Adam Howell were made honorary pages.

Senator Bentley introduced to the Senate, Maria Hoover, Monica Coyocca, Joel Francis, Shareda Patterson, Wanda Brandon and Sean Kliethermes, Springfield.

Senator Schneider introduced to the Senate, sixty-five fifth grade students from Walker Elementary School, Florissant; and Lindsey Murrell, Justin Leslie, Hannah Macke and Jessica Suess were made honorary pages.

Senator Graves introduced to the Senate, Nan Stepp, Dallas Prather and thirty-eight fourth grade students from Tarkio Elementary School, Tarkio; and Cara Lyvengood, Trenton Powell, Cassie Riley and Jessica Walters were made honorary pages.

On motion of Senator DePasco, the Senate adjourned until 4:00 p.m., Monday, April 12, 1999.