Journal of the Senate

SECOND REGULAR SESSION


TWENTY-FOURTH DAY--TUESDAY, FEBRUARY 13, 1996


     The Senate met pursuant to adjournment.

     Senator Wiggins in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we come together with different ideas and different approaches to solve the problems of our state. Help us to find common ground to do what is best. We pray that our efforts together might be blessed. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

Present--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesTreppler
WestfallWiggins--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Scott offered Senate Resolution No. 838, regarding former Senator Allan Mueller, which was adopted.

     Senator Bentley offered Senate Resolution No. 839, regarding the Parenting Life Skills Center, Springfield, which was adopted.

     Senator Singleton moved that SR 830 be taken up for adoption, which motion prevailed.

     Senator Singleton offered SS for SR 830:

SENATE SUBSTITUTE FOR

SENATE RESOLUTION NO. 830

     BE IT RESOLVED by the Senate of the Eighty-eighth General Assembly, Second Regular Session, that the Rules of the Senate be amended as follows:

     "Rule 103. No lobbyist or lobbyist principal as defined by law shall purchase or provide meals, food, beverage or any other gift or contribution, except contributions made pursuant to Chapter 130, RSMo, during any Regular, Extraordinary or Veto Session of the General Assembly.".

     Senator Singleton moved that SS for SR 830 be adopted.

     Senator Staples offered SS for SS for SR 830, which was read:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE RESOLUTION NO. 830

     BE IT RESOLVED by the Senate of the Eighty-eighth General Assembly, Second Regular Session, that the Rules of the Senate be amended as follows:

     "Rule 103. All lobbyist or lobbyist principal as defined by law shall purchase or provide meals, food, beverage or any other gift or contribution, except contributions made pursuant to Chapter 130, RSMo, during any Regular, Extraordinary or Veto Session of the General Assembly.".

     Senator Staples moved that SS for SS for SR 830 be adopted.

     At the request of Senator Staples, the above substitute was withdrawn.

     Senator Staples raised the point of order that SS for SR 830 and SR 830 are out of order in that the Senate cannot legislate by rules.

     The point of order was referred to the President Pro Tem.

     At the request of Senator Staples, the point of order was withdrawn.

     SS for SR 830 was again taken up.

     Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Resolution No. 830, Page 1, by striking the underlined and inserting in lieu thereof the following:

     "Rule 103. Effective April 15, 1996, no member of the Senate shall accept meals, food, beverage or any other gift or contribution except those reported pursuant to 105.470, 4(2)(c) RSMo from a lobbyist or lobbyist principal during any Regular, Extraordinary or Veto Session of the General Assembly. Any member who violates this rule may satisfy the rule by reimbursing said lobbyist.".

     Senator Flotron moved that the above amendment be adopted.

     At the request of Senator Singleton, the motion to adopt SS for SR 830 was withdrawn.

INTRODUCTION OF BILLS

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

     SB 906--By Kenney.

     An Act to repeal section 190.010, RSMo 1994, relating to ambulance districts, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     SB 907--By Westfall.

     An Act to amend chapter 190, RSMo, relating to emergency telephone services by adding thereto one new section relating to the same subject, with penalty provisions.

     SB 908--By House.

     An Act to repeal section 190.335, RSMo 1994, relating to central dispatching for emergency services, and to enact in lieu thereof three new sections relating to the same subject.

     SB 909--By Maxwell.

     An Act to repeal section 321.322, RSMo 1994, relating to fire protection districts, and to enact in lieu thereof one new section relating to the same subject.

     SB 910--By Maxwell.

     An Act to repeal section 620.482, RSMo Supp. 1995, relating to economic development, and to enact in lieu thereof seventeen new sections relating to the same subject.

     SB 911--By Wiggins.

     An Act to repeal sections 172.035, 174.055, and 175.021, RSMo 1994, relating to student representatives on the governing boards of certain institutions of higher education, and to enact in lieu thereof three new sections relating to the same subject.

REPORTS OF STANDING COMMITTEES

Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCS for SBs 763 and 545, 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.

HOUSE BILLS ON THIRD READING

     Senator Staples moved that HB 1047, with SCA 2, SSA 1 for SCA 2 and SA 1 to SSA 1 for SCA 2 (pending), and SCAs 3, 4, and 5, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     President Wilson assumed the Chair.

     SA 1 to SSA 1 for SCA 2 was again taken up.

     Senator Wiggins resumed the Chair.

     Senator Schneider moved that SA 1 to SSA 1 for SCA 2 be adopted, which motion prevailed on a standing division vote.

     SSA 1 for SCA 2, as amended, was again taken up.

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

     SCA 3 was taken up.

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

     SCA 4 was taken up.

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

     SCA 5 was taken up.

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

     Senator Lybyer offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend House Bill No. 1047, Page 2, Section 304.010, Line 19, by inserting immediately after said line the following:

     "(4) All other federally designated rural highways of this state and not provided by in subdivisions (1) to (3) of this subsection, sixty miles per hour;"; and

     Further amend line 20, by striking "(4)" and inserting in lieu thereof "(5)"; and

     Further amend line 21, by striking "(3)" and inserting in lieu thereof "(4)"; and

     Further amend line 22, by striking "(5)" and inserting in lieu thereof "(6)"; and

     Further amend line 22, by striking "(4)" and inserting in lieu thereof "(5)".

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

     Senator Caskey offered SS for HB 1047, entitled:

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 1047

     An Act to repeal sections 301.150, 302.301, 304.015, 304.016, 304.017, 304.019, 304.023, 304.024, 304.026, 304.044, 304.075, 304.140, 304.160, 304.220, 304.250, 304.271, 304.281, 304.301, 304.341, 304.351, 304.580, 307.010, 307.040, 307.045, 307.055, 307.060, 307.065, 307.070, 307.075, 307.080, 307.085, 307.090, 307.095, 307.100, 307.105, 307.110, 307.115, 307.122, 307.125, 307.127, 307.155, 307.170, 307.171, 307.195, 307.350, 307.366, 307.380, 544.216, 544.665 and 575.150, RSMo 1994, and sections 302.020, 304.009, 304.010 and 304.022, RSMo Supp. 1995, relating to penalties for violation of motor vehicle laws, and to enact in lieu thereof fifty- three new sections relating to the same subject, with penalty provisions and with an emergency clause for certain sections.

     Senator Caskey moved that SS for HB 1047 be adopted.

     Senator Caskey offered SS for SS for HB 1047, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 1047

     An Act to repeal sections 301.150, 302.301, 304.015, 304.016, 304.017, 304.019, 304.023, 304.024, 304.026, 304.044, 304.075, 304.140, 304.160, 304.220, 304.250, 304.271, 304.281, 304.301, 304.341, 304.351, 304.580, 307.010, 307.040, 307.045, 307.055, 307.060, 307.065, 307.070, 307.075, 307.080, 307.085, 307.090, 307.095, 307.100, 307.105, 307.110, 307.115, 307.122, 307.125, 307.127, 307.155, 307.170, 307.171, 307.195, 307.350, 307.366, 307.380, 544.216, 544.665 and 575.150, RSMo 1994, and sections 302.020, 304.009, 304.010 and 304.022, RSMo Supp. 1995, relating to penalties for violation of motor vehicle laws, and to enact in lieu thereof fifty-three new sections relating to the same subject, with penalty provisions and with an emergency clause for certain sections.

     Senator Caskey moved that SS for SS for HB 1047 be adopted.

     Senator Caskey offered SS for SS for SS for HB 1047, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 1047

     An Act to repeal sections 301.150, 302.301, 304.012, 304.015, 304.016, 304.017, 304.019, 304.023, 304.024, 304.026, 304.044, 304.075, 304.140, 304.160, 304.220, 304.250, 304.271, 304.281, 304.301, 304.341, 304.351, 307.010, 307.040, 307.045, 307.055, 307.060, 307.065, 307.070, 307.075, 307.080, 307.085, 307.090, 307.095, 307.100, 307.105, 307.110, 307.115, 307.122, 307.125, 307.127, 307.155, 307.170, 307.171, 307.195, 307.350, 307.366, 307.380, 544.216, 544.665 and 575.150, RSMo 1994, and sections 302.020, 304.009, 304.010 and 304.022, RSMo Supp. 1995, relating to penalties for violation of motor vehicle laws, and to enact in lieu thereof fifty-three new sections relating to the same subject, with penalty provisions and with an emergency clause for certain sections.

     Senator Caskey moved that SS for SS for SS for HB 1047 be adopted.

     Senator Goode raised the point of order that SS for SS for SS for HB 1047 is out of order in that it is in the 3rd degree.

     The point of order was referred to the President Pro Tem, who took it under advisement, placing HB 1047, with SS, SS for SS, SS for SS for SS and the point of order (pending), on the Informal Calendar.

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 HCS for HBs 904, 788 and 966, entitled:

     An Act to repeal section 376.995, RSMo 1994, and section 167.181, RSMo Supp. 1995, and to enact in lieu thereof five new sections for the purpose of improving access to immunizations for children.

     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 846, entitled:

     An Act to repeal sections 105.483 and 105.487, RSMo 1994, relating to public officers and employees, 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.

BILL REFERRALS

     President Pro Tem Mathewson referred SB 506 and SB 769 to the Committee on State Budget Control.

INTRODUCTIONS OF GUESTS

     Senator Bentley introduced to the Senate, Mary Padgett, Branson; Monica Witt, Springfield; Lindsey Anderson, Monett; Kobry Crawford, Highlandville; and Casey Dycus, Springfield; and Lindsey, Kobry and Casey were made honorary pages.

     Senator Westfall introduced to the Senate, the Physician of the Day, Dr. Paul Andelin, his wife, Judy, and children Daniel, Scott, Benjamin, Hannah, Mary Beth, David and Crystal, Pierce City; and Nancy Smith-Leach and her daughter, Emily, Aurora.

     Senator Caskey introduced to the Senate, Larry and Jean Shannon, Cleveland.

     Senator Rohrbach introduced to the Senate, Guennadi Makine, Deputy Director of Voronezh Oblast; and Voronezh Regional Russian Agriculture Administrators, Vassili Avdeev, Nikolai Jmykhov, Victor Neretine, Victor Massioutine, Albert Vislogouzov, Youri Titov, Ivan Chevtsov, Victor Chevtsov, Alexei Chevtsov, Nikolai Podkolzine, Alexei Chtcherbinine, Evgueni Kalinine, Valeri Tchernykh, Ivan Manankov, Nikolai Choutkine, Guennadi Voskresenski and Ivan Vorobiev.

     Senator Lybyer introduced to the Senate, David, Jodie, Lawton and Arhen Woosley, Houston.

     Senator Bentley introduced to the Senate, Terry Bond, Jenelle Buxton, Gwen Jones and Steve Pennington, Springfield.

     On behalf of Senator Wiggins, the President introduced to the Senate, Jane Gibler, and a group of teachers from Grandview.

     Senator Treppler introduced to the Senate, Paul Brother, St. Louis County.

     Senator Singleton introduced to the Senate, Jane Keeter, Monett; Susan Wagner, Judy Fisher and Don Campbell, Carthage; and Patricia Phillips, Pierce City.

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