Journal of the Senate

SECOND REGULAR SESSION

FIFTY-NINTH DAY--MONDAY, APRIL 27, 1998

Senator Johnson in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, be with the victims of a fourteen-year-old boy with a gun at a high school function over this weekend. Our prayers are for the youth of America who must live in a world created by the older generation. Use the clergy, elected officials and all people of good will to ensure that today's young are not throw-away kids. Guide us as we set the example. 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 23, 1998, was read and approved.

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

RESOLUTIONS

Senator Maxwell offered Senate Resolution No. 1675, regarding the Monroe City High School Girls Basketball Team, which was adopted.

Senator Mathewson offered Senate Resolution No. 1676, regarding Detective Sergeant Dave Hall, St. Louis, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1677, regarding Detective Michael Harvey, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1678, regarding Dan Casey, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1679, regarding Russell Kuhlman, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1680, regarding April Kuhlman, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1681, regarding Paul D. Morgan, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1682, regarding David Phegley, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1683, regarding Thomas M. Bossch, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1684, regarding Charles C. Ames, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1685, regarding Mitzi M. Lowery, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1686, regarding Kevin Schuette, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1687, regarding St. Charles Walgreens Pharmacy, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1688, regarding Block Captain G. R. Potter, St. Charles, which was adopted.

Senator Singleton offered Senate Resolution No. 1689, regarding Robert Twyman, Nevada, which was adopted.

Senator Singleton offered Senate Resolution No. 1690, regarding Johnny Flores, El Paso, Texas, which was adopted.

Senator Kinder offered Senate Resolution No. 1691, regarding Edna Moran, which was adopted.

Senator Sims offered Senate Resolution No. 1692, regarding Kathleen Castello, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1693, regarding Laura Mathis, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1694, regarding Laura Glaser, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1695, regarding Adriana Fann, O'Fallon, which was adopted.

Senator Sims offered Senate Resolution No. 1696, regarding Amanda Wetz, Villa Ridge, which was adopted.

Senator Sims offered Senate Resolution No. 1697, regarding Carey Melissa Long, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1698, regarding Elizabeth Wotawa, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1699, regarding Emily Brock, New Haven, which was adopted.

Senator Sims offered Senate Resolution No. 1700, regarding Michelle Moreland, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1701, regarding Amy Matzner, Lake St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1702, regarding Valery Webb, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1703, regarding Katie Marten, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1704, regarding Melanie Ransom, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1705, regarding Erin Bartley, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1706, regarding Rebecca Lynn Rasmussen, Florissant, which was adopted.

Senator Sims offered Senate Resolution No. 1707, regarding Maureen Lowry, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1708, regarding Beth Hellwig, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1709, regarding Misty Davis, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1710, regarding Elizabeth Zotos, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1711, regarding Teresa Hodge, O'Fallon, which was adopted.

Senator Sims offered Senate Resolution No. 1712, regarding Stephanie Meyer, New Haven, which was adopted.

Senator Sims offered Senate Resolution No. 1713, regarding Sara Norton, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1714, regarding Tara Massimino, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1715, regarding Elizabeth Manes, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1716, regarding Rebecca Abernathy, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1717, regarding Emily Gabrisch, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1718, regarding Lisa Forster, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1719, regarding Amy Marie Velasco, St. Louis, which was adopted.

CONCURRENT RESOLUTIONS

Senators Schneider and Maxwell offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 41

An act by concurrent resolution and pursuant to Article IV, Section 8, to repeal 5 CSR 80-850.060 relating to training requirements for school district board members, with an emergency clause.

WHEREAS, The Department of Elementary and Secondary Education filed an order of rulemaking amending 5 CSR 80-850.060 with the Joint Committee on Administrative Rules on March 20, 1998;

WHEREAS, the rule as amended in subsection 5 CSR 80-850.060(1)(B) purports to place a requirement upon school board members that, within one year of election or appointment, each member must receive sixteen hours of orientation and training in conjunction with members from at least four other districts; and

WHEREAS, the authority for the rule is cited as sections 160.530 and 162.203, RSMo., which sections respectively allow the Department to expend funds for the training of board members in areas of statewide critical need and require that sixteen hours of training programs be offered by a "statewide association organized for the benefit of members of boards of education" or be approved by the Department; and

WHEREAS, the Department's interpretation of this statute is that training offered by statewide associations must be approved by the Department and, thereby, include training components requiring costly travel and technology expenses to the districts; and

WHEREAS, the Department is implementing the training provisions in a manner that negatively impacts the accreditation of school districts; and

WHEREAS, the impact on the districts' accreditation does not comply with the requirements found in statute; and

WHEREAS, the Department has been issued a preliminary injunction by the Circuit Court of Cole County that prohibits enforcement of this rule pending the outcome of current litigation; and

WHEREAS, the Joint Committee on Administrative Rules has found that the Department has exceeded its rulemaking authority and recommends that the General Assembly act to permanently revoke 5 CSR 80-850.060(1)(B):

NOW, THEREFORE, BE IT RESOLVED the General Assembly finds that:

1. 5 CSR 80-850.060(1)(B) relates to training requirements for board members of school districts; and

2. The Department has exceeded its authority in the application, or threatened application, of the rule by negatively impacting a school district's accreditation if the district's board members complete a sixteen hour training program sponsored by a statewide association organized for the benefit of members of boards of education; and

3. The Department's enforcement of additional training requirements has created a substantial inequity to those affected in that the rule is unreasonably burdensome and costly in violation of section 536.014, RSMo.;

NOW, THEREFORE, BE IT RESOLVED that the members of the eighty-ninth General Assembly, upon concurrence of a majority of the members of the Senate and a majority of the members of the House of Representatives, hereby permanently revokes 5 CSR 80-850.060(1)(B); and

BE IT FURTHER RESOLVED that a copy of the foregoing be submitted to the Secretary of State so that the Secretary of State may publish in the Missouri Register, as soon as practicable, notice of the revocation upon this resolution having been signed by the Governor or having been approved by two-thirds of each house of the Eighty-ninth General Assembly, Second Regular Session, after veto by the Governor as provided in Article III, Sections 31 and 32, and Article IV, Section 8 of the Missouri Constitution; and

BE IT FURTHER RESOLVED, that a properly inscribed copy be presented to the Governor in accordance with Article IV, Section 8 of the Missouri Constitution.

Senator Caskey moved that HCR 20 be taken up for adoption, which motion prevailed.

On motion of Senator Caskey, HCR 20 was adopted by the following vote:

Senator McKenna moved that HCR 9 be taken up for adoption, which motion prevailed.

On motion of Senator McKenna, HCR 9 was adopted by the following vote:

Senator Wiggins moved that HCR 8, with SCA 1, be taken up for adoption, which motion prevailed.

SCA 1 was taken up.

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

On motion of Senator Wiggins, HCR 8, as amended, was adopted by the following vote:

Senator Howard offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 42

WHEREAS, Missouri jobs and the future of job and income growth will depend on agricultural innovation; and

WHEREAS, farming is a significant component of Missouri's economy; and

WHEREAS, despite Missourians dedicated efforts, many of the agricultural endeavors that have traditionally provided the economic sustenance for our state are no longer as financially rewarding as in years past; and

WHEREAS, a potentially lucrative new source for agricultural growth is the planting and harvesting of industrial hemp plants which can be the base for many useful and marketable industrial hemp-based goods; and

WHEREAS, in 1997 the Missouri General Assembly considered (and the Senate passed) a bill to reintroduce the cultivation of industrial hemp in the state of Missouri; and

WHEREAS, in the course of the debate it was discovered, in 1860 Missouri was the leading hemp producing state in the nation and derived great profit from the crop, thereby, establishing its viability as an agricultural product and the existence of its markets; and

WHEREAS, members of the General Assembly did find potential economic benefits from the production of industrial hemp, but the state and federal law enforcement communities remain unalterably opposed to the cultivation of industrial hemp, even if such cultivation is limited to research,; and

WHEREAS, the Federal Drug Enforcement Administration has not allowed under any circumstances, an exemption to Missouri for the harvesting of industrial hemp plants; and

WHEREAS, farmers in Missouri desire only to harvest plants that have negligible amounts of THC and are not interested in the cultivation of marijuana; and

WHEREAS, the stringent criteria established by the Federal Drug Enforcement Administration present an insurmountable barrier to the initiation of an industrial hemp crop in Missouri(which range from the classification of industrial hemp as a narcotic to extensive security requirements comparable to those of a maximum security prison which houses those convicted of the most heinous crimes); and

WHEREAS, under recently adopted Canadian policies, our neighbors to the north will now be permitted to commercially produce industrial hemp; and

WHEREAS, this economic advantage deprives Missouri of a significant new agriculturally based market:

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the Eighty-ninth General Assembly, Second Regular Session, the House of Representatives concurring therein, that the General Assembly strongly urges the Federal Drug Enforcement Administration to review the procedures under which their Canadian counterparts are authorized to sanction the commercial development of industrial hemp, and to consider recommending to the President and Congress of the United States that the federal government adopt the necessary statutes and regulations that would permit similar policies in the United States; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to send a copy of this resolution to the Director of the Federal Drug Enforcement Administration, the members of the Missouri Congressional Delegation and the President of the United States.

HOUSE BILLS ON SECOND READING

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

HCS for HB 964--Corrections and General Laws.

HB 1822--Aging, Families and Mental Health.

HOUSE BILLS ON THIRD READING

HB 1734, with SCS, introduced by Representative Backer, et al, entitled:

An Act to repeal section 139.210, RSMo 1994, relating to county budgets, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

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

SCS for HB 1734, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1734

An Act to repeal section 139.210, RSMo 1994, relating to county budgets, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

Was taken up.

Senator Mathewson moved that SCS for HB 1734 be adopted, which motion prevailed.

On motion of Senator Mathewson, SCS for HB 1734 was read the 3rd time and passed by the following vote:

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

BILL REFERRALS

President Pro Tem McKenna referred HCS for HB 1315 and HS for HB 1070, with SCS; and HS for HCS for HBs 1237, 1409, 1166, 1154 and 1491, with SCA 1, to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

HB 1562, introduced by Representatives Relford and Fritts, entitled:

An Act to repeal section 43.260, RSMo 1994, relating to the highway patrol, 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 McKenna.

On motion of Senator McKenna, HB 1562 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Howard moved that SB 773, with SA 1 and SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 1 for SA 1 was again taken up.

At the request of Senator Sims, the above substitute amendment was withdrawn.

Senator Sims offered SSA 2 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1

Amend Senate Bill No. 773, Page 1, In the Title, Line 3, by inserting after the word "subject" the following: ", with an emergency clause"; and

Further amend said bill, Page 1, Section A, Line 2, by inserting after all of said line the following:

"197.314. 1. The committee shall, by rule promulgated pursuant to chapter 536, RSMo, establish criteria and standards for the relocation or transfer of licensed and available beds from facilities of high bed surplus to facilities of high bed demand. For the purposes of this section, "available beds" refers to existing beds that are in use or can be converted for use within twenty-four hours. The rule shall at a minimum recognize that some areas of the state have more demand for licensed beds than other portions of the state, and where allowable, a surplus of supply should be utilized so that the needs of Missouri's senior citizens are met to the greatest extent possible. Only beds currently licensed and available upon the effective date of this section shall be eligible for the relocation or transfer.

2. The committee shall adopt rules that allow for the relocation or transfer of beds from a facility having high bed surplus to a facility having high bed demand. The committee shall consider the projected census of the aging population and projected need before approving a transfer or relocation.

3. The rules authorized in subsection 2 of this section shall go into effect as soon as practicable after the effective date of this act. Such rules shall terminate on May 30, 1999, unless extended by the general assembly by concurrent resolution prior to that date.

4. The committee may issue a non-applicable certificate of need letter following an expedited process to allow the transfer of beds pursuant to this section. The committee shall, at the start of each year, inform the general assembly by report to the speaker of the house of representatives and the president pro tem of the senate of the number and location of all transfers occurring pursuant to this section."; and

Further amend said bill, Page 2, Section 197.317, Line 23, by inserting after all of said line the following:

"197.324. 1. The provisions of section 197.317 shall not apply to a residential care facility I, residential care facility II, intermediate care facility, and skilled nursing facility if:

(1) On January 1, 2000, the occupancy rate of all residential care facility I and residential care facility II beds in the county of the facility is greater than eighty-five percent; or

(2) On January 1, 2000, the occupancy rate of all nonhospital intermediate care facility and nonhospital skilled nursing facility beds in the county of the facility is greater than eighty-five percent; and

(3) The department of social services has first determined that there presently exists a need for additional beds of that classification in such facility because the occupancy rate over the last four consecutive calendar quarters of all licensed beds in the subject facility of the category proposed to be added exceeds ninety percent, and the facility otherwise appears to qualify for a certificate of need.

Any facility that presents a need for additional beds pursuant to this section may be allowed to expand its licensed bed capacity in the qualifying category up to twenty-five percent, not to exceed thirty beds of its then current licensed capacity in such category. Such an expansion in the number of beds for a single facility shall only occur once in a five year period.

2. Notwithstanding the provisions of subsection 1 of this section, any facility qualified hereunder that receives a certificate of need for additional beds pursuant to this section shall not be allowed to apply for additional beds pursuant to the authority of this section for a period of twenty-four months from the date such certificate was issued, and, in any event, such facility shall be prohibited from transferring any beds of such licensed category for a period of five years.

3. Notwithstanding any other provision of this chapter to the contrary, any skilled nursing facility or intermediate care facility or any residential care facility I or residential care facility II, as defined in section 198.006, RSMo, may reallocate any portion of such facility's current licensed beds to any other facility within the same licensure category if both facilities are under the same ownership and are located within five miles of each other.

Section B. Because of the need to provide additional beds in nursing care facilities in certain communities 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."; and

Further amend the title and enacting clause accordingly.

Senator Sims moved that the above substitute amendment be adopted.

President Pro Tem McKenna assumed the Chair.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Klarich requested a roll call vote be taken on the adoption of SSA 2 for SA 1 and was joined in his request by Senators Childers, Jacob, Singleton and Westfall.

Senator Maxwell assumed the Chair.

SSA 2 for SA 1 failed of adoption by the following vote:

Senator Flotron offered SSA 3 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 3

FOR SENATE AMENDMENT NO. 1

Amend Senate Bill No. 773, Page 2, Section 197.317, Line 23, by inserting immediately after said line the following:

"197.324. 1. The provisions of section 197.317 shall not apply to a residential care facility I, residential care facility II, intermediate care facility or skilled nursing facility only where the department of social services has first determined that there presently exists a need for additional beds of that classification in such facility because the average aggregate occupancy over the last four consecutive calendar quarters of all licensed beds in the subject facility of the category proposed to be added equals or exceeds ninety percent, and the facility otherwise appears to qualify for a certificate of need.  Any facility that presents a need for additional beds pursuant to this section shall be allowed to expand its licensed bed capacity in the qualifying category by the greater of twenty-five percent of its then current licensed capacity in such category or thirty such beds, provided that no increase shall be greater than one hundred percent of its current licensed capacity in such category. Any increases allowed by this section shall not take effect until the adoption of a recommendation by the joint interim committee on the certificate of need law that such increases are necessary, adoption by the general assembly of a concurrent resolution approving and recommending such increases authorized by this section, and appropriation by the general assembly of any additional costs caused by any increases allowed by this section.

2. Notwithstanding the provisions of subsection 1 of this section, any facility qualified hereunder that receives a certificate of need for additional beds pursuant to this section shall not be allowed to apply for additional beds pursuant to the authority of this section for a period of twenty-four months from the date such certificate was issued, and, in any event, such facility shall be prohibited from transferring any beds of such licensed category for a period of five years.

3. Notwithstanding any other provision of this chapter to the contrary, any skilled nursing facility or residential care facility I or residential care facility II, as defined in section 198.006, RSMo, may reallocate any portion of such facility's current licensed beds to any other facility within the same licensure category if both facilities are under the same licensure ownership and are located within the same county or within five miles of each other."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above substitute amendment be adopted.

Senator Johnson assumed the Chair.

At the request of Senator Howard, SB 773, with SA 1 and SSA 3 for SA 1 (pending), was placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

SCS for SB 565, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 565

An Act to repeal sections 210.211, 210.245, 210.251, 210.252, 210.256, 210.516 and 610.120, RSMo 1994, and sections 43.540 and 210.221, RSMo Supp. 1997, relating to the care or supervision of children, and to enact in lieu thereof twenty new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Goode.

Senator Goode moved that SCS for SB 565 be read the 3rd time and finally passed, which motion failed to receive a constitutional majority by the following vote:

SB 566, introduced by Senators Goode and Clay, entitled:

An Act to repeal section 386.570, RSMo 1994, relating to penalties for violation of public service commission orders, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was taken up by Senator Goode.

President Pro Tem McKenna assumed the Chair.

On motion of Senator Goode, SB 566 was read the 3rd time and passed by the following vote:

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

SCS for SB 871, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 871

An Act to repeal section 660.250, RSMo 1994, relating to protection of the elderly, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Howard.

On motion of Senator Howard, SCS for SB 871 was read the 3rd time and passed by the following vote:

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

SCS for SB 762, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 762

An Act to repeal section 197.200, RSMo 1994, relating to insurance coverage for dental care for children and persons with disabilities, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up by Senator Wiggins.

On motion of Senator Wiggins, SCS for SB 762 was read the 3rd time and passed by the following vote:

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

PRIVILEGED MOTIONS

Senator Caskey moved that SB 479, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 479, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 479An Act to repeal section 247.040, RSMo Supp. 1997, relating to public water supply districts, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Schneider assumed the Chair.

Senator Caskey moved that HCS for SB 479 be adopted, which motion prevailed by the following vote:

On motion of Senator Caskey, HCS for SB 479 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Klarich moved that the Senate refuse to concur in HCS for SB 809 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Mathewson moved that SB 626, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Mathewson moved that the above amendment be adopted, which motion prevailed by the following vote:

On motion of Senator Mathewson, SB 626, as amended, was read the 3rd time and passed by the following vote:

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

Bill ordered enrolled.

Senator Caskey moved that SB 535, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 535, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 535An Act to repeal section 137.115, RSMo 1994, and section 163.011, RSMo Supp. 1997, relating to the assessment of property, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Caskey moved that HCS for SB 535 be adopted, which motion prevailed by the following vote:

Senator Mathewson assumed the Chair.

On motion of Senator Caskey, HCS for SB 535 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Jacob moved that the Senate refuse to concur in HCS for SB 778 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Childers moved that SB 526, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 526, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 526An Act to repeal section 315.037, RSMo 1994, relating to lodging establishments, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up.

Senator Childers moved that HCS for SB 526 be adopted, which motion prevailed by the following vote:

On motion of Senator Childers, HCS for SB 526 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Klarich moved that SB 844, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 844, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 844An Act to repeal sections 347.030, 347.153, 347.163, 351.375, 351.604, 355.716, 355.813, 359.021 and 359.041, RSMo 1994, and sections 347.039 and 358.510, RSMo Supp. 1997, relating to business organizations, and to enact in lieu thereof thirteen new sections relating to the same subject, with an emergency clause for certain sections.

Was taken up.

Senator Klarich moved that HCS for SB 844 be adopted, which motion prevailed by the following vote:

On motion of Senator Klarich, HCS for SB 844 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

Bill ordered enrolled.

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, 1998

TO THE SENATE OF THE 89th 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:

Ida H. Early, Republican, 53 Jefferson Road, Webster Groves, St. Louis County, Missouri 63119, as a member of the Missouri Community Service Commission, for a term ending April 23, 2001, and until her successor is duly appointed and qualified; vice, RSMo. 26.607.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 23, 1998

TO THE SENATE OF THE 89th 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:

Barry E. McKay, 111 McKinley, Hayti, Pemiscot County, Missouri 63851, as a member of the Child Abuse and Neglect Review Board, for a term ending April 27, 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, 1998

TO THE SENATE OF THE 89th 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:

Jill Ann Miller, 2701 Flintstone, St. Joseph, Buchanan County, Missouri 64505, as a member of the Child Abuse and Neglect Review Board, for a term ending April 27, 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 23, 1998

TO THE SENATE OF T