Journal of the Senate

FIRST REGULAR SESSION


FIFTY-NINTH DAY--MONDAY, APRIL 26, 1999


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

HOUSE BILLS ON SECOND READING

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

HS for HCS for HB 180--Commerce and Environment.

HB 120--Ways and Means.

HS for HCS for HBs 283, 286, 325, 370, 551, 36, 42, 73, 111, 341, 619, 62 and 579--Civil and Criminal Jurisprudence.

HS for HCS for HB 723--Transportation.

HCS for HB 599--Insurance and Housing.

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 SB 357.

With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 357, Page 1, Section 1, Line 11, by deleting the word: "again" ; and

Further amend said bill, Page 1, Section 1, Line 11, by inserting immediately after the word: "sale." the following:

"The department of natural resources shall not exercise any first refusal rights on the pending land transaction and purchase contract that currently encumbers the Lillian Weis property.".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS No. 2 for SB 25, entitled:

An Act to repeal sections 193.165 and 194.117, RSMo 1994, relating to sudden infant death, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

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 SCS for SB 218, entitled:

An Act to repeal sections 174.450 and 174.453, RSMo Supp. 1998, relating to the governing boards of certain state colleges and universities, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

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 SCS for SB 234, entitled:

An Act to repeal sections 294.011 and 294.030, RSMo Supp. 1998, relating to the department of labor and industrial relations, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause for a certain section.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

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 SB 426, entitled:

An Act to repeal section 260.273, RSMo Supp. 1998, relating to extending the sunset on the state tire disposal fee, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 115.

With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 115, Page 1, In the Title, Line 3, by deleting the phrase "one new section" and inserting in lieu thereof the phrase "two new sections"; and

Further amend said bill, Page 1, Section A, Line 1, by deleting the word "one" and inserting in lieu thereof the word "two"; and

Further amend said bill, Page 1, Section A, Line 2, by deleting all of said line and inserting in lieu thereof the following: "sections enacted in lieu thereof, to be known as sections 301.441 and 1, to read as follows:"; and

Further amend said bill, Page 2, Section 301.441, Line 19, by inserting after all of said line the following:

"Section 1. 1. Any motor vehicle owner may receive special license plates for any vehicle the person owns, either solely or jointly, other than an apportioned motor vehicle or a commercial motor vehicle licensed in excess of eighteen thousand pounds gross weight as prescribed in this section after an annual payment of an emblem-use authorization fee to a professional sports team which has made an agreement pursuant to subsection 5 of this section. For the purposes of this section a "professional sports team" shall mean an organization located in this state franchised by the National Professional Soccer League, the National Football League, the National Basketball Association, the National Hockey League, the International Hockey League, or the American League or the National League of Major League Baseball or a team playing in Major League Soccer.

2. The professional sports team which has made an agreement pursuant to subsection 5 of this section and which receives the emblem-use authorization fee hereby authorizes the use of its official emblem to be affixed on multiyear personalized license plates as provided in this section. Any vehicle owner may annually apply for the use of the emblem. The director of revenue shall not authorize the manufacturer of the material to produce such license plates with the individual seal, logo, or emblem until the department of revenue receives a minimum of one hundred applications for each specific professional sports team.

3. Upon annual application and payment of a thirty-five dollar emblem-use contribution to the professional sports team such team shall issue to the vehicle owner, without further charge, an emblem-use authorization statement, which shall be presented by the owner to the director of the department of revenue at the time of registration of a motor vehicle. Upon presentation of the annual statement and payment of a fifteen dollar fee in addition to the regular registration fees, and presentation of other documents which may be required by law, the director shall issue a personalized license plate, which shall bear the official emblem of the professional sports team in a manner determined by the director. Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130, RSMo. A fee for the issuance of personalized license plates issued pursuant to section 301.144, RSMo, shall not be required for plates issued pursuant to this section.

4. A vehicle owner, who was previously issued a plate with a professional sports team emblem authorized by this section but who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the professional sports team emblem, as otherwise provided by law.

5. The director of the department of revenue is authorized to make agreements with professional sports teams on behalf of the state which allows the use of any such team's official emblem pursuant to the provisions of this section as consideration for receiving a thirty-five dollar emblem-use contribution.

6. A professional sports team receiving a thirty-five dollar contribution shall forward such contribution, less an amount not in excess of five percent of the contribution for the costs of administration, to the Jackson County Sports Authority or the St. Louis Regional Convention and Visitors Commission. The moneys shall be administered as follows:

(1) The sports authority may retain not in excess of five percent of all funds forwarded to it pursuant to this section for the costs of administration and shall expend the remaining balance of such funds, after consultation with a professional sports team within the authority's area, on marketing and promoting such team. The amount of money expended from the funds obtained pursuant to this section by the authority per professional sports team shall be in the same proportion to the total funds available to be expended on such team as the proportion of contributions forwarded by the team to the authority is to the total contributions received by the authority;

(2) The regional convention and visitors commission shall hold the revenues received from the professional sports teams in the St. Louis area in separate accounts for each team. Each team may submit an annual marketing plan to the commission. Expenses of a team which are in accordance with the marketing plan shall be reimbursed by the commission as long as moneys are available in the account. The commission may retain not in excess of five percent for the costs of administration. If no marketing plan is submitted by a team, the commission shall market and promote the team.

7. The director of the department of revenue shall promulgate rules and regulations for the administration of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 159.

With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 159, Page 1, Section 135.550, Line 3, by inserting after the word "securities" the phrase ", or real property"; and

Further amend said bill, Page 3, Section 135.600, Line 3, by inserting after the word "securities" the phrase ", or real property".

In which the concurrence of the Senate is respectfully requested.

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 SB 214, entitled:

An Act to repeal sections 77.240, 77.450 and 79.280, RSMo 1994, relating to vacancies in certain offices in third and fourth class cities, and to enact in lieu thereof three new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

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 SB 34, entitled:

An Act to repeal sections 109.120, 109.130 and 109.241, RSMo 1994, relating to public records, and to enact in lieu thereof three new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

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 SB 270, entitled:

An Act to amend chapter 194, RSMo, by adding thereto five new sections relating to organized funeral processions, with a penalty provision.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 460.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 362.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 197.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 435.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 244.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 207.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 352.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 434.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 81.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 90.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 139.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 12.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 220.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 153.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 391.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 423.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 176.

Bill ordered enrolled.

On motion of Senator DePasco, the Senate recessed until 3:00 p.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 Father: We are grateful to safely return to the Senate and take up the many duties we have in the closing three weeks of this session. So we would ask that we may be a people of prayer, humbling ourselves before You our God. We ask this acknowledging that with the privilege of being here comes the heavy responsibilities we can not get through without Your help. So we pray, walk with us these long days where the pressure to do all that is required of us increases and time to do them shrinks. And Lord, grant us Your peace and gentleness. 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, April 22, 1999, was read and approved.

Senator DePasco requested unanimous consent of the Senate to correct the Senate Journal for Wednesday, April 21, 1999, on Page 814, Column 2, Line 32, by deleting the number "25" and inserting in lieu thereof the number "15", which request was granted.

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

Present--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.


RESOLUTIONS

Senator Sims offered Senate Resolution No. 694, regarding Bridget M. Hessell, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 695, regarding Christina "Christy" Pfeiffer, Labadie, which was adopted.

Senator Sims offered Senate Resolution No. 696, regarding Angela "Angie" Stricker, Labadie, which was adopted.

Senator Sims offered Senate Resolution No. 697, regarding Leah Ann Owens, Kirkwood, which was adopted.

Senator Sims offered Senate Resolution No. 698, regarding Jessica May Keay, Florissant, which was adopted.

Senator Bentley offered Senate Resolution No. 699, regarding Amy Dozier, Branson, which was adopted.

Senator Bentley offered Senate Resolution No. 700, regarding Amy McGinnis, Reed Springs, which was adopted.

Senator Bentley offered Senate Resolution No. 701, regarding Stephanie Prine, Nixa, which was adopted.

Senator Bentley offered Senate Resolution No. 702, regarding Michelle Kay Auston, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 703, regarding Cassie Sorensen, Fort Leonard Wood, which was adopted.

Senator Schneider offered Senate Resolution No. 704, regarding Thomas M. Butler, Florissant, which was adopted.

Senator Schneider offered Senate Resolution No. 705, regarding Jeffrey D. Griesemer, which was adopted.

Senator Schneider offered Senate Resolution No. 706, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Maurice O. Albers, St. Louis, which was adopted.

Senator House offered Senate Resolution No. 707, regarding Corrections Officer Erin Mayfield, Bowling Green, which was adopted.

Senator Rohrbach offered Senate Resolution No. 708, regarding the Missouri Federation of Square and Round Dancers, which was adopted.

Senator Russell offered Senate Resolution No. 709, regarding Corrections Officer I David Ellzey, which was adopted.

Senator Graves offered Senate Resolution No. 710, regarding Corrections Officer I Steve Long, Cameron, which was adopted.

Senator Graves offered Senate Resolution No. 711, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Charles McKenzie, Fairfax, which was adopted.

Senator Graves offered Senate Resolution No. 712, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Afton Schmitt, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 713, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. James Rodenberg, Norborne, which was adopted.

Senator Graves offered Senate Resolution No. 714, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Alton Whetsell, Amity, which was adopted.

Senator Graves offered Senate Resolution No. 715, regarding the Sixty-third Wedding Anniversary of Mr. and Mrs. Virgil Swan, King City, which was adopted.

Senator Graves offered Senate Resolution No. 716, regarding the Seventieth Wedding Anni-versary of Mr. and Mrs. Louis DeRyke, Milan, which was adopted.

Senator Graves offered Senate Resolution No. 717, regarding the Ninety-fifth Birthday of Pauline Arthur, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 718, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Wilson Serfass, Brookfield, which was adopted.

Senator Graves offered Senate Resolution No. 719, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Carl Hutchcraft, King City, which was adopted.

Senator Graves offered Senate Resolution No. 720, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Roy Lester, Bosworth, which was adopted.

Senator Graves offered Senate Resolution No. 721, regarding the Ninetieth Birthday of Mr. Ralph H. Allen, Laclede, which was adopted.

Senator Graves offered Senate Resolution No. 722, regarding the Ninetieth Birthday of Virda Meadows, Mound City, which was adopted.

Senator Staples offered Senate Resolution No. 723, regarding Corrections Officer II Scott Foster, Farmington, which was adopted.

Senator Wiggins offered Senate Resolution No. 724, regarding the death of Mrs. Thecla M. Wenninghoff Burt, Kansas City, which was adopted.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 725

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Ray Richard Evans, premier athlete and civic leader of Kansas City; and

WHEREAS, Mr. Evans, a native of Kansas City, attended Wyandotte High School and the University of Kansas, when in 1947, he became the first Kansas University student ever named an All-American Football Player and was also named an All-American Basketball Player in 1942 and 1943, one of the few college athletes in America ever named an All-American in two sports; and

WHEREAS, Mr. Evans interrupted his college career to serve his country as a Lieutenant in the United States Army Air Corps during World War II, returned to Kansas University to play football where he was also a member of Phi Delta Theta Fraternity, President of the Senior Class, elected to the Owl Society and Sachem, and was named University of Kansas Honor Man in 1948, when he graduated, and thereafter played professional football for the Pittsburgh Steelers; and

WHEREAS, Mr. Evans, followed his athletic career by becoming one of Kansas City's greatest business and civic leaders, became associated with Traders National Bank where he served as President until he retired in 1975, was appointed by President Eisenhower as a member of the National Council on Youth Fitness; served as trustee of the Dwight Eisenhower Foundation; was a past president of the University of Kansas National Alumni Association; was past director, president and chairman of the Board of the American Royal; former Vice-President of the Greater Kansas City Clearing House Association; and Vice President and Director of the Kansas City Chamber of Commerce; and

WHEREAS, Mr. Evans was instrumental in bringing the Kansas City Chiefs to Kansas City and served as first president of the Kansas City Chiefs Club, had been a member of the Royal Lancers since the groups founding by Ewing Kauffman in 1967, was elected to the National Football Foundation Hall of Fame in 1964 and the Helms Basketball Foundation, was past Director of the Boys Club, served for 12 years on the Kansas State Board of Regents, and was named "Phi of the Year" by his fraternity in 1958; and

WHEREAS, Mr. Evans, a kind and decent man, soft spoken and modest about all of his stupendous local and national achievements, was most of all a devoted husband and father in whose heart and love his family always came first;

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate, pause in their deliberations to salute the memory of Ray Richard Evans, express their appreciation for his lifetime of good citizenship and his contributions to Kansas City and to America, and extend to his wife, Mrs. Edith Marie Darby Evans, his family and many friends most sincere sympathy on his death; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for his wife, Mrs. Edith Marie Darby Evans; his daughters, Jule Evans Fromm, Rita Evans Stark, Lisa Evans Tuchtan; his son, Ray Darby Evans; the University of Kansas Alumni Association; Kansas University Athletic Department; Kansas City Chamber of Commerce; and Phi Delta Theta Fraternity, Lawrence, Kansas.

Senators Maxwell and Jacob offered Senate Resolution No. 726, regarding Walt "Guns" Domanski, which was adopted.

Senator Steelman offered Senate Resolution No. 727, regarding Associate Superintendent of the Jefferson City Correctional Center, Jerry W. Curtit, Jefferson City, which was adopted.

THIRD READING OF SENATE BILLS

SJR 17, introduced by Senator Mueller, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing sections 3 and 4(b) of article X of the Constitution of Missouri relating to taxation, and adopting two new sections in lieu thereof relating to the same subject.

Was taken up.

Senator Johnson assumed the Chair.

Senator Mueller moved that SJR 17 be read the 3rd time and finally passed, which motion failed to receive a constitutional majority by the following vote:

YEAS--Senators
Bentley Childers Clay Ehlmann
Flotron Mueller Rohrbach Scott
Sims Singleton Staples Steelman
Yeckel--13
NAYS--Senators
Banks Bland Caskey DePasco
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Mathewson Maxwell Quick Russell
Schneider Stoll Westfall Wiggins--20
Absent--Senator Jacob--1
Absent with leave--Senators--None

President Wilson assumed the Chair.

Senator Johnson assumed the Chair.

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 by Senator Howard.

On motion of Senator Howard, SCS for SB 377 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Graves House Howard Jacob
Johnson Kenney Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins--29
NAYS--Senators
Flotron Goode Kinder Russell
Yeckel--5
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SCS for SBs 392, 393 and 267, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 392, 393 and 267

An Act to repeal sections 302.177 and 302.735, RSMo 1994, and sections 136.055, 302.060, 302.130, 302.171, 302.173, 302.181 and 302.309, RSMo Supp. 1998, relating to drivers' licenses, and to enact in lieu thereof ten new sections relating to the same subject, with an effective date for certain sections.

Was taken up by Senator Goode.

On motion of Senator Goode, SCS for SBs 392, 393 and 267 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Childers DePasco
Ehlmann Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Mathewson
Mueller Quick Schneider Scott
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--27
NAYS--Senators
Banks Caskey Clay Maxwell
Rohrbach Russell--6
Absent--Senator Staples--1
Absent with leave--Senators--None

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

SS for SCS for SBs 1, 92, 111, 129 and 222, introduced by Senator Schneider, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1, 92, 111, 129 and 222

An Act to repeal sections 57.130, 88.013, 88.023, 211.453, 211.477, 476.681, 476.682, 477.087, 478.320, 478.437, 478.625, 494.455, 508.190, 511.440, 511.450, 528.620, 550.140 and 550.240, RSMo 1994, and sections 57.280, 105.464, 304.140, 452.400, 452.552, 455.205, 479.261, 487.020, 488.015, 506.363, 506.369, 506.372, 506.375, 506.390, 514.040, 550.260 and 590.140, RSMo Supp. 1998, relating to jurisdiction and procedures of courts, and to enact in lieu thereof thirty-seven new sections relating to the same subject, with an expiration date for a certain section.

Was taken up.

On motion of Senator Schneider, SS for SCS for SBs 1, 92, 111, 129 and 222 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
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Quick
Rohrbach Russell Schneider Scott
Sims Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators
Howard Mueller--2
Absent--Senators
Singleton Staples--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SS for SCS for SB 525, introduced by Senator Rohrbach, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 525

An Act to amend chapter 313, RSMo, by adding thereto one new section relating to raffles and sweepstakes as authorized by constitutional amendment, with penalty provisions and an emergency clause.

Was taken up.

On motion of Senator Rohrbach, SS for SCS for SB 525 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bland Clay DePasco
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Stoll Westfall Wiggins--27
NAYS--Senators
Bentley Caskey Childers Ehlmann
Steelman Yeckel--6
Absent--Senator Staples--1
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause failed to receive a constitutional majority by the following vote:

YEAS--Senators
Bland Flotron Graves House
Jacob Johnson Mathewson Maxwell
Mueller Quick Rohrbach Scott
Sims Singleton Staples Stoll
Westfall--17
NAYS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Goode
Howard Kenney Kinder Klarich
Russell Schneider Steelman Wiggins
Yeckel--17
Absent--Senators--None
Absent with leave--Senators--None

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

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

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

SCS for SB 248, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 248

An Act to repeal sections 365.010 and 365.020, RSMo 1994, relating to retail installment contracts, and to enact in lieu thereof four new sections relating to the same subject.

Was taken up by Senator Maxwell.

On motion of Senator Maxwell, SCS for SB 248 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 Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

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

SCS for SB 374, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 374

An Act to repeal sections 287.203 and 287.655, RSMo 1994, and sections 287.160 and 287.210, RSMo Supp. 1998, relating to workers' compen-sation, and to enact in lieu thereof four new sections relating to the same subject.

Was taken up by Senator Mathewson.

Senator Wiggins assumed the Chair.

On motion of Senator Mathewson, SCS for SB 374 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Goode
House Howard Jacob Johnson
Kenney Klarich Mathewson Maxwell
Mueller Quick Schneider Scott
Sims Staples Steelman Stoll
Westfall Wiggins Yeckel--27
NAYS--Senators
Graves Kinder Rohrbach Russell
Singleton--5
Absent--Senators
Banks Flotron--2
Absent with leave--Senators--None

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.

SENATE BILLS FOR PERFECTION

Senator Caskey moved that SB 336, as amended, be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Caskey offered SS No. 2 for SB 336, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 336

An Act to amend chapter 375, RSMo, by adding thereto one new section relating to contracts of personal liability insurance.

Senator Caskey moved that SS No. 2 for SB 336 be adopted.

Senator Clay offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 2 for Senate Bill No. 336, Page 2, Section 375.935, Line 19, by adding at the end of said line, the following:

"Section 1. No insurer that provides insurance in the geographic area shall deny, fail to renew or terminate a contract or account with an agent or broker for the sale of insurance coverage on a motor vehicle because of the geographic location of the risk."; and

Further amend the title and enacting clause accordingly.

Senator Clay moved that the above amendment be adopted.

Senator Jacob raised the point of order that SA 1 is out of order as it exceeds the scope of the subject matter of the bill.

At the request of Senator Clay, SA 1 was withdrawn, rendering the point of order moot.

Senator Mathewson assumed the Chair.

Senator Steelman offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 2 for Senate Bill No. 336, Page 2, Section 375.935, Line 12, by inserting after the word "insured" the words, "and interested parties".

Senator Steelman moved that the above amendment be adopted, which motion failed on a standing division vote.

Senator Johnson assumed the Chair.

At the request of Senator Caskey, SB 336, with SS No. 2 (pending), was placed on the Informal Calendar.

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

April 23, 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:

Mary Kay Findley, Democrat, 1707 Barron Road, Poplar Bluff, Butler County, Missouri 63901, as a member of the Coordinating Board for Higher Education, for a term ending June 27, 2004, 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

April 23, 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:

Rita B. Hanks, Democrat, 215 North Bridge, Smithville, Clay County, Missouri 64089, as a member of the Northwest Missouri State University Board of Regents, for a term ending January 1, 2003, and until her successor is duly appointed and qualified; vice, Danny L. Marsh, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 23, 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:

Keith Arnold Wenzel, 1421 Willcoxon Drive, Jefferson City, Cole County, Missouri 65101, as Director of the Department of Insurance, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, Jay Angoff, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 23, 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:

Susan C. J. Rollins, Democrat, 5071 Westminster Place, St. Louis City, Missouri 63108, as a member of the Missouri Housing Development Commission, for a term ending October 13, 2000, and until her successor is duly appointed and qualified; vice, Darryl T. Jones, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 23, 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:

Lynne R. Nikolaisen, Republican, 962 Kinsale Drive, Ballwin, St. Louis County, Missouri 63021, as a member of the Missouri Gaming Commission, for a term ending April 29, 1999, and until her successor is duly appointed and qualified; vice, Robert L. Wolfson, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 23, 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:

Richard "Dick" Hanson, 2631 Sue Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri State Public Employees Deferred Compensation Commission, for a term ending November 20, 2001, and until his 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

April 23, 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:

Frank E. Wiles, Democrat, 2018 East 556 Road, Pleasant Hope, Polk County, Missouri 65725, as a member of the State Banking Board, for a term ending August 29, 2003, and until his successor is duly appointed and qualified; vice, Bob McDonald, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

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 Speaker has appointed Representative Gross to the conference committee on SCS for HCS for HB 12 replacing Representative Shields.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 789 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 concurred in SCA 1 to HB 893 and has again taken up and passed HB 893, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 39 and has again taken up and passed SCS for HB 39.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 721 and has again taken up and passed SCS for HB 721.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 476 and has again taken up and passed SCS for HB 476.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to HB 708 and has again taken up and passed HB 708, as amended.

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, to which was referred SB 443, begs leave to report that it has examined the same and finds that the bill has been duly enrolled 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 SS for SCS for SBs 75, 381 and 204, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

REFERRALS

President Pro Tem Quick referred HB 401, with SCS; HCS for HB 490 and HCS for HB 308, with SCS; HB 191, with SCS; HCS for HB 267, with SCS; HS for HCS for HB 852, with SCS; HS for HCS for HB 701, with SCS; HCS for HBs 316, 660 and 203, with SCS; HS for HCS for HBs 246 and 405, with SCS; HCS for HB 889; HCS for HBs 603, 722 and 783, with SCS; HS for HCS for HB 793, with SCS, to the Committee on State Budget Control.

President Pro Tem Quick ruled the pending point of order raised by Senator Scott on the Messages from the Governor dated Tuesday, April 20, 1999, not well taken.

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

April 20, 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:

Richard "Dick" Hanson, 2631 Sue Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri State Employees Voluntary Life Insurance Commission, for a term ending October 7, 2000, and until his 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

April 20, 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:

Kay Lynne Myers, 505 Northwest 43rd Terrace, Kansas City, Clay County, Missouri 64116, as a member of the Children's Trust Fund Board, for a term ending September 15, 2000, and until her successor is duly appointed and qualified; vice, Muriel Battle, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 20, 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:

Robert W. Cary, Democrat, Rural Route 2, Box 157, Canton, Lewis County, Missouri 63435, as a member of the State Milk Board, for a term ending September 28, 2002, and until his successor is duly appointed and qualified; vice, James F. Stine, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 20, 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:

Mary L. Richter, 407 Friendship Road, Jefferson City, Cole County, Missouri 65101, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 2001, 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

April 20, 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:

Theodore A. Pruess, 1427 Missouri, St. Louis City, Missouri 63104, as a member of the Seismic Safety Commission, for a term ending August 11, 2002, and until his successor is duly appointed and qualified; vice, John Theiss, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

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

REPORTS OF STANDING COMMITTEES

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 HS for HCS for HB 822, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Education, to which was referred HCS for HBs 321 and 493, 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 House Committee Substitute for House Bills Nos. 321 and 493, Page 1, In the Title, Line 4, by striking "fifteen" and inserting in lieu thereof the following: "seventeen"; and

Further amend said bill and page, Section A, line 2, by striking "fifteen" and inserting in lieu thereof the following: "seventeen"; and further amend lines 4 and 5, by striking "and 175.023" and inserting in lieu thereof the following: ", 175.023, 178.750 and 178.755"; and

Further amend said bill, page 9, Section 175.023, line 9, by inserting after all of said line the following:

"178.750. 1. The governor shall, by and with the advice and consent of the senate, appoint a faculty representative to the board of trustees of each junior college district, who shall attend all meetings and participate in all deliberations of the board. Such faculty representative shall have the same powers as other members of the board of trustees except that such faculty member representative shall not have the right to vote on any matter before the board.

2. Such faculty member representative shall be selected from a panel of three names submitted to the governor by the faculty government president of the junior college, be a full-time faculty member at the college, be a citizen of the United States, and a resident of the state of Missouri.

3. The term of the faculty member representative shall be two years.

4. If a vacancy occurs for any reason in the position of faculty member representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until such faculty member representative's successor is appointed and qualified.

5. If the faculty member representative ceases to be a full-time faculty member at the college, or a resident of the state of Missouri, such position shall at once become vacant.

178.755. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.

2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.

3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a faculty representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the faculty representative.".

SENATE COMMITTEE AMENDMENT NO. 2

Amend House Committee Substitute for House Bills Nos. 321 and 493, Page 3, Section 172.037, Line 9, by inserting immediately after said line the following:

"172.360. All youths, resident of the state of Missouri, over the age of sixteen years, shall be admitted to all the privileges and advantages of the various classes of all the departments of the University of the state of Missouri; provided, that each applicant for admission therein shall possess such scholastic attainments and mental and moral qualifications as shall be prescribed in rules adopted and established by the board of curators; and provided further, that the board of curators may charge and collect reasonable tuition and other fees necessary for the maintenance and operation of all departments of the university as they may deem necessary.

[172.360. All youths, resident of the state of Missouri, over the age of sixteen years, shall be admitted to all the privileges and advantages of the various classes of all the departments of the University of the State of Missouri without payment of tuition; provided, that each applicant for admission therein shall possess such scholastic attainments and mental and moral qualifications as shall be prescribed in rules adopted and established by the board of curators; and provided further, that nothing herein enacted shall be construed to prevent the board of curators from collecting reasonable tuition fees in the professional departments, and the necessary fees for maintenance of the laboratories in all departments of the university, and establishing such other reasonable fees for library, hospital, incidental expenses or late registration as they may deem necessary.]"; and

Further amend the title and enacting clause accordingly.

RESOLUTIONS

Senator Ehlmann offered Senate Resolution No. 728, regarding Thomas John Phillips, Cottleville, which was adopted.

Senator Clay offered Senate Resolution No. 729, regarding Bring It Together, which was adopted.

Senator Wiggins offered Senate Resolution No. 730, regarding the death of Stanley M. Broski, Jr., Leawood, Kansas, which was adopted.

Senator Wiggins offered Senate Resolution No. 731, regarding the death of Dr. Clarence M. Cernech, Independence, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, his wife, Kay, Butler; Dorothy Feeback, Belton; and guests from Cass and Bates Counties.

Senator Mathewson introduced to the Senate, Professor P.C. Thomas, Tim Wright, Bryce Morrow, Andy Colson and Michael Root, Sedalia.

Senator Wiggins introduced to the Senate, Dallas and Betty Braun Brown, Kansas City.



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