SECOND REGULAR SESSION
THIRTIETH DAY--THURSDAY, FEBRUARY 22, 1996
The Senate met pursuant to adjournment.
President Pro Tem Mathewson in the Chair.
Senator McKenna offered the following prayer:
Heavenly Father, the Lenten season begins with Ash Wednesday. It ends with Good Friday, Holy Saturday and Easter Sunday. The Good Book states, "Keep holy the Sabbath." But what we often look most forward to in this body is Thursdays! Thursdays! On Thursdays, we say adieu to our staff, our friends, and our fellow Senators and look forward to precious moments with our families and loved ones. Help us do Your work today, help us to have a safe trip home today and allow everyone to feel as good as we do on Thursdays! 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.
Senator Wiggins assumed the Chair.
The Journal of the previous day was read and approved.
The following Senators were present during the day's proceedings:
| Present--Senators | |||
| Banks | Bentley | Caskey | Clay |
| Curls | DePasco | Ehlmann | Flotron |
| Goode | Graves | House | Howard |
| Johnson | Kenney | Kinder | Klarich |
| Lybyer | Mathewson | Maxwell | McKenna |
| Melton | Moseley | Mueller | Quick |
| Rohrbach | Russell | Schneider | Sims |
| Singleton | Staples | Treppler | Westfall |
| Wiggins--33 | |||
| Absent with leave--Senator Scott--1 | |||
| The Lieutenant Governor was present. | |||
Senator Wiggins resumed the Chair.
RESOLUTIONS
Senator Sims offered Senate Resolution No. 869, regarding Barbara Merollis-Bishop, which was adopted.
Senator Singleton offered Senate Resolution No. 870, regarding the Eightieth Birthday of Barbara L. Smith, Joplin, which was adopted.
Senator Kenney and Senator Kinder offered Senate Resolution No. 871, regarding Cary Craig Felzien, Kansas City, which was adopted.
Senator Kenney offered Senate Resolution No. 872, regarding the One Hundredth Birthday of Inez Katheryn Brown, Independence, which was adopted.
Senator Kenney offered Senate Resolution No. 873, regarding the One Hundredth Birthday of Edward Francis "Ed" Bales, Lee's Summit, which was adopted.
Senator Kenney offered Senate Resolution No. 874, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. George Waller, Blue Springs, which was adopted.
Senator Kenney offered Senate Resolution No. 875, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. W.R. "Jim" Parker, Blue Springs, which was adopted.
Senator Kenney offered Senate Resolution No. 876, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Robert Hutchings, Independence, which was adopted.
Senator Kenney offered Senate Resolution No. 877, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Robert S. Hall, Independence, which was adopted.
Senator Singleton moved that SR 830, with SS and SA 1 (pending), be taken up for adoption, which motion prevailed.
SA 1 was taken up.
At the request of Senator Flotron, the above amendment was withdrawn.
Senator Flotron offered SA 2:
SENATE AMENDMENT NO. 2
Amend Senate Substitute for Senate Resolution No. 830, Page 192 of the Senate Journal for February 13, 1996, Lines 9-13 of column 2 of said page, by striking all of said lines and inserting in lieu thereof, the following:
"Rule 102. Effective March 15, 1996, no member, officer or staff of the Senate shall accept meals, food, beverage or any such other gift except those reportable pursuant to section 105.470.4(2)(c), RSMo, from any lobbyist or lobbyist principal as defined by chapter 105, RSMo. Any person who violates this rule may satisfy the rule by reimbursing said lobbyist within thirty days of a report pursuant to section 105.470.4(2)(c), RSMo.".
Senator Flotron moved that the above amendment be adopted.
Senator Moseley offered SA 1 to SA 2, which was read:
SENATE AMENDMENT NO. 1 TO
SENATE AMENDMENT NO. 2
Amend Senate Amendment No. 2 to Senate Substitute for Senate Resolution No. 830, Page 1, Line 5 of the amendment, by adding after the word "gift" the words "which exceeds fifteen dollars in any one day"; and
Further on line 8 by adding after the word "reimbursing" the words "any sum in excess of fifteen dollars to".
Senator Moseley moved that the above amendment be adopted.
Senator Rohrbach requested a roll call vote be taken on the adoption of SA 1 to SA 2 and was joined in his request by Senators Flotron, Kinder, Mueller and Westfall.
SA 1 to SA 2 was adopted by the following vote:
| Yeas--Senators | |||
| Bentley | Clay | Curls | DePasco |
| Flotron | Goode | House | Howard |
| Johnson | Klarich | Lybyer | Mathewson |
| Maxwell | Moseley | Quick | Schneider |
| Singleton | Westfall | Wiggins--19 | |
| Nays--Senators | |||
| Banks | Caskey | Ehlmann | Graves |
| Kenney | Kinder | Melton | Mueller |
| Rohrbach | Russell | Sims | Treppler--12 |
| Absent--Senators | |||
| McKenna | Staples--2 | ||
| Absent with leave--Senator Scott--1 | |||
SENATE SUBSTITUTE AMENDMENT NO. 1
FOR SENATE AMENDMENT NO. 2
Amend Senate Substitute for Senate Resolution No. 830, by deleting all of said Rule and inserting in lieu thereof "Just say No".
Senator Schneider moved that the above substitute amendment be adopted.
Senator Flotron requested a roll call vote be taken on the adoption of SSA 1 for SA 2. He was joined in his request by Senators Clay, Ehlmann, Mueller and Russell.
SSA 1 for SA 2 failed of adoption by the following vote:
| Yeas--Senators | |||
| Banks | Clay | Curls | DePasco |
| Goode | House | Howard | Johnson |
| Lybyer | Mathewson | Moseley | Quick |
| Schneider | Wiggins--14 | ||
| Nays--Senators | |||
| Bentley | Caskey | Ehlmann | Flotron |
| Graves | Kenney | Kinder | Klarich |
| Maxwell | Melton | Mueller | Rohrbach |
| Russell | Sims | Singleton | Treppler |
| Westfall--17 | |||
| Absent--Senators | |||
| McKenna | Staples--2 | ||
| Absent with leave--Senator Scott--1 | |||
Senator Caskey raised the point of order that the consideration of SS for SR 830 is out of order pursuant to the 24-hour rule.
The point of order was referred to the President Pro Tem, who ruled it not well taken.
Senator Mathewson moved that SR 830, with SS and SA 2, as amended, (pending), be referred to the Committee on Rules, Joint Rules and Resolutions.
Senator Flotron requested a roll call vote be taken and was joined in his request by Senators Ehlmann, Mueller, Rohrbach and Sims.
The motion made by Senator Mathewson to refer SR 830, with SS and SA 2, as amended, (pending), to the Committee on Rules, Joint Rules and Resolutions was adopted by the following vote:
| Yeas--Senators | |||
| Banks | Caskey | Clay | Curls |
| DePasco | Goode | House | Howard |
| Johnson | Lybyer | Mathewson | Maxwell |
| Moseley | Quick | Schneider | Wiggins--16 |
| Nays--Senators | |||
| Bentley | Ehlmann | Flotron | Graves |
| Kenney | Kinder | Klarich | Melton |
| Mueller | Rohrbach | Russell | Sims |
| Singleton | Treppler | Westfall--15 | |
| Absent--Senators | |||
| McKenna | Staples--2 | ||
| Absent with leave--Senator Scott--1 | |||
REPORTS OF STANDING COMMITTEES
Senator Mathewson, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:
Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointment, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:
M. Elizabeth Kingsley, Ph.D. and John R. Small, Ph.D., as members, and Suzanne P. Nichols and Wayne T. Allen, as public members of the State Committee of Marital and Family Therapists;
Also,
Katherine A. Borman and Kathryn N. Vedder, as members of the Missouri State Milk Board;
Also,
Gene R. Brown, M.A.P.T., as a member of the Advisory Commission for Professional Physical Therapists;
Also,
Doris J. Jones, as a member of the Missouri Training and Employment Council.
Senator Mathewson requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.
Senator Mathewson moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointment, which motion prevailed.
Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:
Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 20, 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, after examination of SB 860, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.
On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Mathewson submitted the following reports:
Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 708, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.
Also,
Mr. President: Your Committee on Corrections and General Laws, to which were referred SB 793 and SB 794, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.
Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:
Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 846, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.
SENATE COMMITTEE AMENDMENT NO. 1
Amend House Bill No. 846, Page 1, In the Title, Line 3, by inserting immediately after the word "subject" the following: ", with an emergency clause"; and
Further amend said bill, page 3, section 105.487, line 17, by inserting after the words "person appointed to office" the following: ", except any person elected for county committee of a political party pursuant to section 115.617, RSMo,"; and by adding on page 3, after line 32 following the words "for filing the statement" the following:
"Section B. Because immediate action is necessary to ensure accuracy in the filing of financial statements, this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.".
RESOLUTIONS
Senator Goode offered Senate Resolution No. 878, regarding Michael Odell Mitchell, Berkeley, which was adopted.
Senator DePasco offered Senate Resolution No. 879, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Emery E. Deatherage, Kansas City, which was adopted.
Senator Moseley offered Senate Resolution No. 880, regarding Phyllis A. Hardin, Columbia, which was adopted.
INTRODUCTION OF BILLS
The following Bills and Joint Resolutions were read the 1st time and 1,000 copies ordered printed:
SB 940--By Clay.
An Act to authorize the governor of the state of Missouri to convey certain land of the department of mental health located in the city of St. Louis.
SB 941--By Clay.
An Act to repeal sections 163.011, 163.031 and 163.161, RSMo 1994, relating to state aid for school districts, and to enact in lieu thereof seven new sections relating to the same subject.
SB 942--By Clay.
An Act to repeal sections 99.340, 99.700, 99.710 and 353.110, RSMo 1994, relating to redevelopment of real property, and to enact in lieu thereof six new sections relating to the same subject.
SB 943--By Graves.
An Act to repeal section 138.085, RSMo 1994, relating to boards of equalization, and to enact in lieu thereof one new section relating to the same subject.
SB 944--By Westfall.
An Act to repeal sections 302.525, 302.745, 577.020 and 577.041, RSMo 1994, relating to motor vehicles, and to enact in lieu thereof four new sections relating to the same subject.
SB 945--By Westfall.
An Act to repeal section 70.220, RSMo 1994, relating to cooperation between political subdivisions of the state, and to enact one new section relating to the same subject.
SB 946--By House.
An Act to repeal sections 32.105, 32.110 and 144.020, RSMo 1994, and section 32.125, as enacted by house substitute for senate bill no. 374, first regular session, eighty-eighth general assembly and signed by the governor on June 13, 1995, as that section appears in RSMo Supp. 1995, relating to tax relief for those who provide housing assistance, and to enact six new sections relating to the same subject, with an effective date for certain sections.
SJR 37--By Clay.
Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 11(c) of article X of the Constitution of Missouri relating to increasing tax rates, and adopting one new section in lieu thereof relating to the same subject.
SJR 38--By Clay.
Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 7 of article X of the Constitution of Missouri relating to relief from taxation, and adopting one new section in lieu thereof relating to the same subject.
SJR 39--By Clay.
Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 26(b) of article VI of the Constitution of Missouri relating to limitations on indebtedness, and adopting one new section in lieu thereof relating to the same subject.
SJR 40--By Clay.
Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 7 of article X of the Constitution of Missouri relating to relief from taxation, and adopting one new section in lieu thereof relating to the same subject.
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 HB 895, entitled:
An Act to repeal sections 302.175, 302.272 and 304.075, RSMo 1994, relating to school bus operator permits, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.
Emergency clause adopted.
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 HBs 844 and 1059, entitled:
An Act to amend chapters 376 and 379, RSMo, relating to the reorganization of certain mutual insurance companies by adding thereto thirteen 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 1041, entitled:
An Act to repeal section 252.045, RSMo 1994, relating to lands of the state conservation commission, 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 HCS for HB 781, entitled:
An Act relating to certain disclosures relating to the care of patients with Alzheimer's disease.
In which the concurrence of the Senate is respectfully requested.
Read 1st time.
SECOND READING OF SENATE BILLS
The following Bills were read the 2nd time and referred to the Committees indicated:
SB 927--Ways and Means.
SB 934--Public Health and Welfare.
Senator Flotron introduced to the Senate, Warren Stemme, Chesterfield.
Senator Singleton introduced to the Senate, Carl Bastin, Beth Bastin and Carrie McDowell, Jasper; Anna Baskette, Golden City; and Norman Jantz, Oronogo; and Carrie was made an honorary page.
Senator Caskey introduced to the Senate, Darrell and Debbie Stevener, and their children, Mark and Traci Stevener and Josh Sullins, Rich Hill; and Mark, Traci and Josh were made honorary pages.
Senator Graves introduced to the Senate, Todd Gibson, Norborne; and Paul Thomas and Richard Fordyce, Bethany.
Senator Melton introduced to the Senate, the Physician of the Day, Dr. Randall Cross, and his wife, Robin, Springfield.
Senator Staples introduced to the Senate, members of the Missouri Farm Bureau from around the state.
Senator Westfall introduced to the Senate, Mary Coleman, Crystal Moore, Lyndel Culbertson, Fred Latz and Homer Guernsey, Stockton.
On behalf of Senator Wiggins, the President introduced to the Senate, Richard McIntosh and his family, Jefferson City; and Connor McIntosh was made an honorary page.
Senator Rohrbach introduced to the Senate, his sister-in-law, Sharon Rohrbach, California.
Senator Russell introduced to the Senate, Ryan Gattermeir, Lake Ozark.
Senator Sims introduced to the Senate, Jane Kerlagon, and sixty eighth grade students from Gateway Middle School, Blewett Middle School and Pattonville Holman Middle School, St. Louis City and St. Louis County; and Marquis Simmons, Brian Washington, Abby Dorrin and Greg Coleman were made honorary pages.
Senator Goode introduced to the Senate, Denise Kerns, and her daughter, Diana, St. John; and Diana was made an honorary page.
On motion of Senator Banks, the Senate adjourned until 4:00 p.m., Monday, February 26, 1996.