Journal of the Senate

SECOND REGULAR SESSION


SIXTY-FIFTH DAY--WEDNESDAY, MAY 3, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

"....even so we also should walk in newness of life." (Romans 6:4)

Gracious God, we know the motto which says: "Today is the first day of the rest of your life." Help us approach this day as new and capable of bringing new energy and thought to what confronts us this day. Help us not think of today as another typical series of yesterdays which show little progress but rather an opportunity to accomplish more and grow from the experience. Keep us from falling into the ruts of sameness by showing faithfulness in the decisions we make today. 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 of the previous day was read and approved.

Photographers from KRCG-TV and the Associated Press were given permission to take pictures in the Senate Chamber today.

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

Present--Senators
Bentley Bland Carter 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.

Senator Johnson assumed the Chair.

RESOLUTIONS

Senators Flotron and Sims offered Senate Resolution No. 1694, regarding the Honorable David W. Farquharson, Hazelwood, which was adopted.

Senator Sims offered Senate Resolution No. 1695, regarding Jeremy D. Miller, Overland, which was adopted.

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 Rep. Franklin will replace Rep. Scheve on SCS for HCS for HB 1105 and SCS for HCS for HB 1110, replace Rep. Williams (159) on SCS for HCS for HB 1106 and SCS for HCS for HB 1107, replace Rep. Days on SCS for HCS for HB 1108, replace Rep. Lakin on SCS for HCS for HB 1109 and SCS for HCS for HB 1111.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 1591: Representatives Backer, Hoppe, Days, Griesheimer and Richardson.

PRIVILEGED MOTIONS

Senator Wiggins moved that the Senate refuse to concur in HS for HCS for SB 881, as amended, and request the House to recede from its position and, failing to do so, grant the Senate a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

HB 1659, with SCS, introduced by Represen-tatives Summers and Berkowitz, entitled:

An Act to amend chapter 94, RSMo, relating to sales taxes for economic development by adding thereto one new section relating to the same subject.

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

SCS for HB 1659, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1659

An Act to repeal section 144.157, RSMo 1994, and sections 67.1003 and 67.1360, RSMo Supp. 1999, relating to sales taxes, and to enact in lieu thereof four new sections relating to the same subject with an emergency clause for a certain section.

Was taken up.

Senator Maxwell moved that SCS for HB 1659 be adopted.

Senator Rohrbach requested unanimous consent of the Senate to suspend Senate Rule 45 for the purpose of offering an amendment, which request was granted.

Senator Rohrbach offered SA 1, which was read:

SENATE AMENDMENT NO. 1



Amend Senate Committee Substitute for House Bill No. 1659, Page 1, Section 67.1003, Lines 6-8, by deleting all of said lines and inserting in lieu thereof the following: "classification with a population of [less than seven thousand three hundred fifty and having an assessed valuation of less than forty-nine million dollars] more than seven thousand but less than seven thousand four hundred inhabitants may impose a tax on the charges for all sleeping rooms".

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

Senator Maxwell moved that SCS for HB 1659, as amended, be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for HB 1659, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Carter Caskey Childers
Clay DePasco Flotron Goode
House Howard Jacob Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senator Graves--1
Absent--Senators
Bland Ehlmann Scott--3
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Carter Caskey Childers
DePasco 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--31
NAYS--Senators--None
Absent--Senators
Bland Clay Ehlmann--3
Absent with leave--Senators--None

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

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

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

HB 1647, introduced by Representative Skaggs, entitled:

An Act to amend chapter 77, RSMo, relating to third class cities, by adding thereto one new section relating to capital improvement reserve funds in third class cities.

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

On motion of Senator Quick, HB 1647 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter 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 Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Stoll--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1097, with SCS, introduced by Represen-tative Hosmer, entitled:

An Act to repeal section 537.340, RSMo 1994, relating to trespass, 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 Caskey.

SCS for HB 1097, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1097

An Act to repeal section 537.340, RSMo 1994, relating to trespass, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for HB 1097 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HB 1097 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter 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 Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Stoll--1
Absent with leave--Senators--None

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

HB 1428, with SCAs 1, 2 and 3, introduced by Representative Hickey, et al, entitled:

An Act to amend chapter 8, RSMo, by adding thereto one new section relating to a permanent memorial for workers killed or injured on the job.

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

SCA 1 was taken up.

Senator DePasco moved that the above amendment be adopted.

At the request of Senator DePasco, the above motion was withdrawn.

President Wilson assumed the Chair.

HB 1739, with SCS, introduced by Represen-tative Auer, entitled:

An Act to repeal section 376.300, RSMo Supp. 1999, relating to life insurance companies, 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 Jacob.

SCS for HB 1739, entitled:

SENATE COMMITTEE SUBSTITUTE FOR



HOUSE BILL NO. 1739

An Act to repeal section 376.300, RSMo Supp. 1999, relating to life insurance, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause for a certain section.

Was taken up.

Senator Jacob moved that SCS for HB 1739 be adopted, which motion prevailed.

On motion of Senator Jacob, SCS for HB 1739 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Klarich Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Kinder Mathewson Staples--3
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bland Carter Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Scott
Sims Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senator Singleton--1
Absent--Senators
Bentley Schneider--2
Absent with leave--Senators--None

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

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

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

HB 1544, introduced by Representative Smith, entitled:

An Act to repeal section 355.661, RSMo 1994, relating to authorized distributions by not-for-profit corporations, 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 Mueller.

On motion of Senator Mueller, HB 1544 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Rohrbach Russell Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Ehlmann Quick Schneider--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HCS for HB 1113, with SCS, entitled:

An Act to appropriate money for real property leases, related services, utilities, and systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds for the period beginning July 1, 2000, and ending June 30, 2001.

Was taken up by Senator Goode.

SCS for HCS for HB 1113, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1113



An Act to appropriate money for real property leases, real property lease purchases, related services, utilities, and systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds for the period beginning July 1, 2000, and ending June 30, 2001.

Was taken up.

Senator Goode moved that SCS for HCS for HB 1113 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HCS for HB 1113 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senators--None

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

HCS for HB 1120, with SCS, entitled:

An Act to appropriate money for planning, expenses, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions.

Was taken up by Senator Goode.

SCS for HCS for HB 1120, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1120

An Act to appropriate money for planning, expenses, grants, and for capital improvements including but not limited to major additions and renovations, new structures, and land improve-ments or acquisitions.

Was taken up.

Senator Goode moved that SCS for HCS for HB 1120 be adopted.

Senator Clay offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1120, Page 5, Section 20.100, Lines 2-4, by deleting all of said lines and inserting in lieu thereof the following:

"For the Department of Social Services

For the design, construction, improvements and land acquisition of a St. Louis youth services facility and land acquisition shall be contiguous with the real property parcel donated by the City of St. Louis and land acquisition shall be bounded by Hamilton Avenue on the east, rear of Kennerly Avenue property on the south, St. Louis Avenue on the north and parallel with the donated property to the west".

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

Senator Wiggins assumed the Chair.

Senator Ehlmann offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1120, Page 5, Section 20.100, Line 5, by adding the following:

"Section 20.106. To the Department of

Transportation

There is transferred out of the State Treasury

chargeable to General Revenue.....$25,000,000".

Senator Ehlmann moved that the above amendment be adopted.

At the request of Senator Ehlmann, SA 2 was withdrawn.

Senator Johnson assumed the Chair.

Senator Goode moved that SCS for HCS for HB 1120, as amended, be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HCS for HB 1120, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Carter Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senator Bland--1
Absent--Senators
Jacob Schneider--2
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 DePasco moved that motion lay on the table, which motion prevailed.

HB 1121, with SCS, introduced by Represen-tative Franklin, entitled:

An Act to appropriate money for expenses, grants, distributions and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 2000 and ending June 30, 2001.

Was taken up by Senator Goode.

SCS for HB 1121, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1121

An Act to appropriate money for expenses, grants, distributions and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 2000 and ending June 30, 2001.

Was taken up.

Senator Goode moved that SCS for HB 1121 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HB 1121 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter 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 Goode, title to the bill was agreed to.

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

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

HB 1122, with SCS, introduced by Represen-tative Franklin, entitled:

An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2000.

Was taken up by Senator Goode.

SCS for HB 1122, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1122

An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2000.

Was taken up.

President Pro Tem Quick assumed the Chair.

Senator Goode moved that SCS for HB 1122 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HB 1122 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Sims--1
Absent with leave--Senators--None

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

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on Pensions and General Laws, submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred HCS for HB 1967, 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 Committee Substitute for House Bill No. 1967, Page 1, In the Title, Line 5, by striking the following: "and 72.423" and inserting in lieu thereof the following: ", 72.423 and 72.424"; and further amend line 6, by striking the word "thirteen" and inserting in lieu thereof the word "fourteen"; and

Further amend said bill, Page 1, Section A, Line 4, by striking the following: "and 72.423" and inserting in lieu thereof the following: ", 72.423 and 72.424"; and further amend said line, by striking the word "thirteen" and inserting in lieu thereof the word "fourteen"; and further amend line 6, by striking the following: "and 72.423" and inserting in lieu thereof the following: ", 72.423 and 72.424"; and

Further amend said bill, Page 16, Section 72.723, Line 36, by inserting after all of said line the following:

"72.424. Notwithstanding any other provisions of sections 72.400 to [72.422] 72.423, any owner of a tract of land of thirty acres or less owned by a single owner and that is located within two or more municipalities, one municipality being a city of the fourth classification with a population between four thousand six hundred and five thousand, and the other municipality being [of the third classification] a constitutional charter city with a population between sixteen thousand three hundred and seventeen thousand, and both municipalities located within a county of the first classification having a charter form of government and having a minimum population of nine hundred thousand, may elect which municipality to belong to by agreement of that municipality. Such owner's election shall occur within ninety days of August 28, [1999] 2000. Such agreement shall consist of the enactment by the governing body of the receiving municipality of an ordinance describing by metes and bounds the property, declaring the property so described to be detached and annexed, and stating the reasons for and the purposes to be accomplished by the detachment and annexation. A copy of said ordinance shall be mailed to the county clerk and to the city clerk and assessor of the contributing municipality before December fifteenth, with such transfer becoming effective the next January first. Such choice of municipalities shall be permanent. Thereafter, all courts of this state shall take notice of the limits of both municipalities as changed by the ordinances. This section shall only apply to boundary changes effected after January 1, 1990, and occurring by the incorporation of a municipality. This section shall expire and be of no force and effect on March 1, [2000] 2001.".

Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred HB 1452, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Scott, Chairman of the Committee on Pensions and General Laws, submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred HS for HCS for HBs 1652 and 1433, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1, 2, 3, 4, 5 and 6.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for House Bills Nos. 1652 and 1433, Page 8, Section 407.931, Line 12, by inserting immediately before the period "." the following: "or on any machine located within the unobstructed line of sight of an adult responsible for preventing persons less than eighteen years of age from purchasing any tobacco product from such machine".

SENATE COMMITTEE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for House Bills Nos. 1652 and 1433, Page 10, Section 407.934, Line 1, by inserting immediately after the word "products" the following: "in any establishment located in this state".

SENATE COMMITTEE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for House Bills Nos. 1652 and 1433, Page 11, Section 2, Lines 1-4, by deleting all of said section from the bill; and

Further amend the title and enacting clause accordingly.

SENATE COMMITTEE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for House Bills Nos. 1652 and 1433, Page 6, Section 149.071, Line 102, by inserting immediately after said line the following:

"11. The provisions of subsections 2 through 10 of this act shall not apply to cigarettes for which payments are made pursuant to sections 196.1000 through 196.1003, RSMo. The director of the department of revenue shall certify those cigarettes for which payment is made.".

SENATE COMMITTEE AMENDMENT NO. 5

Amend House Substitute for House Committee Substitute for House Bills Nos. 1652 and 1433, Page 6, Section 407.926, Lines 1-6, by striking all of said lines and inserting in lieu thereof the following:

"407.926. 1. Any person who sells or distributes tobacco products by mail or through the Internet to persons in this state shall deny the sale of such tobacco products to any person who the seller has reason to believe is less than eighteen years of age.

2. Any person or entity who sells or distributes tobacco products in violation of subsection 1 of this section shall be subject to the penalties and fines imposed for such violations pursuant to section 407.031.

3. Any person or entity that sells tobacco products by mail or through the Internet and uses a delivery service where the age of the recipient of such products is verified by the delivering agent to be eighteen years or older shall be deemed in compliance with the provisions of this section."; and

Further amend the title and enacting clause accordingly.

SENATE COMMITTEE AMENDMENT NO. 6

Amend House Substitute for House Committee Substitute for House Bills Nos. 1652 and 1433, Page 8, Section 407.931, Line 25, by inserting immediately after the word "offense" the following: "within five years"; and further amend line 26, by inserting immediately after the word "offense" the following: "within ten years"; and further amend line 27, by inserting immediately after the word "offense" as it appears the first time the following: "within ten years"; and further amend said line, by inserting immediately after the word "offense" as it appears the second time the following: "within ten years".

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HS for HCS for HBs 1677, 1675 and 1676, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Mathewson, Chairman of the Com-mittee on Local Government and Economic Development, submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HS for HB 1238, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Staples, Chairman of the Committee on Transportation, submitted the following report:

Mr. President: Your Committee on Transportation, to which was referred HS for HCS for HB 1797, 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 Substitute for House Committee Substitute for House Bill No. 1797, Page 2, Section 303.406, Lines 4-7, by striking all of said lines; and

Further amend said bill and section, Page 3, Lines 8 to 10, by striking said lines and inserting in lieu thereof a period "."; and further amend line 11, by striking the word "may" and inserting in lieu thereof "shall"; and further amend lines 11 and 12, by striking "September 1, 2000" and inserting in lieu thereof the following: "July 1, 2001"; and

Further amend said bill, Page 6, Section 303.412, Line 1, by striking "2001" and inserting in lieu thereof "2002"; and

Further amend said bill, Page 7, Section 303.415, Line 2, by striking "September 1, 2000" and inserting in lieu thereof the following: "July 1, 2001"; and further amend line 2, by striking "2005" and inserting in lieu thereof "2006"; and further amend lines 4 and 5, by striking "September 1, 2000" and inserting in lieu thereof the following: "July 1, 2001"; and further amend line 5, by striking "2005" and inserting in lieu thereof "2006".

Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HS for HCS for HBs 1172, 1501, 1633, 1440, 1634, 1177 and 1430, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HS for HCS for HB 1762, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 HCS for HB 1144, 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 HJR 43, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

Senator Jacob, Chairman of the Committee on Insurance and Housing, submitted the following report:

Mr. President: Your Committee on Insurance and Housing, to which was referred HS for HCS for HB 1481, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Scott, Chairman of the Committee on Pensions and General Laws, submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred HCS for HB 1644, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HS for HCS for HBs 1215 and 1240, 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 Civil and Criminal Jurisprudence, to which was referred HB 1768, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 adopted SCS for HB 1454 and has again taken up and passed SCS for HB 1454.

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 1631 and has again taken up and passed SCS for HB 1631.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCS, as amended, to HCS for HB 1142 and has again taken up and passed SCS for HCS for HB 1142, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SS for SB 813, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SS for SB 549, as amended, and grants the Senate a conference thereon.

REFERRALS

President Pro Tem Quick referred HCR 29 to the Committee on Rules, Joint Rules and Resolutions.

CONFERENCE COMMITTEE



APPOINTMENTS

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on HS for HCS for SS for SB 549, as amended: Senators Quick, Scott, Staples, Klarich and Flotron.

SENATE BILLS FOR PERFECTION

At the request of Senator Maxwell, SB 818 and SB 564, with SCS, were placed on the Informal Calendar.

SB 955 was placed on the Informal Calendar.

SB 1048, with SCS, was placed on the Informal Calendar.

SB 866 was placed on the Informal Calendar.

SB 748, with SCS, was placed on the Informal Calendar.

On motion of Senator DePasco, the Senate recessed until 2:30 p.m.

RECESS

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

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on HCS for SS for SB 813, as amended: Senators House, Clay, Stoll, Steelman and Klarich.

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 the following conferees to act with a like committee from the Senate on HCS for SS for SB 813, as amended: Representatives Kissell, Britt, McLuckie, Dolan and Barnett.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1102 and has taken up and passed CCS for HB 1102.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1103 and has taken up and passed CCS for HB 1103.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1104 and has taken up and passed CCS for HB 1104.

HOUSE BILLS ON THIRD READING

Senator DePasco moved that HB 1428, with SCAs 1, 2, and 3, be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCA 1 was again taken up.

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

SCA 2 was taken up.

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

SCA 3 was taken up.

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

Senator Wiggins assumed the Chair.

On motion of Senator DePasco, HB 1428, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Carter Caskey Childers DePasco
Ehlmann Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Bentley Bland Clay--3
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bland Carter Caskey Childers
DePasco 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--31
NAYS--Senators--None
Absent--Senators
Bentley Clay Ehlmann--3
Absent with leave--Senators--None

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

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

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

SENATE BILLS FOR PERFECTION

Senator Rohrbach moved that SB 1047, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 1047, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1047

An Act to repeal section 565.030, RSMo 1994, relating to certain criminal procedures, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was taken up.

Senator Rohrbach moved that SCS for SB 1047 be adopted.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 1047, Page 3, Section 565.030, Line 70, by inserting after all of said line the following:

"650.055. 1. Every individual convicted in a Missouri circuit court, of a felony, defined as a violent offense under chapter 565, RSMo, or as a sex offense under chapter 566, RSMo, excluding sections 566.010 and 566.020, RSMo, shall have a blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis:

(1) Upon entering the department of correction's reception and diagnostic centers; or

(2) Before release from a county jail or detention facility; or

(3) If such individual is under the jurisdiction of the department of corrections on or after August 28, 1996. Such jurisdiction includes persons currently incarcerated, persons on probation, as defined in section 217.650, RSMo, and on parole, as also defined in section 217.650, RSMo.

Any evidence leading to a conviction of a felony described in this subsection which has been or can be tested for DNA shall be preserved by the Missouri state highway patrol.

2. The Missouri state highway patrol and department of corrections shall be responsible for ensuring adherence to the law. Any person required to provide a DNA sample pursuant to this section shall be required to provide such sample, without the right of refusal, at a collection site designated by the Missouri state highway patrol and the department of corrections. Authorized personnel collecting or assisting in the collection of samples shall not be liable in any civil or criminal action when the act is performed in a reasonable manner. Such force may be used as necessary to the effectual carrying out and application of such processes and operations. The enforcement of these provisions by the authorities in charge of state correctional institutions and others having custody of those convicted of the felony which shall not be set aside or reversed, is hereby made mandatory.

3. The procedure and rules for the collection, analysis, storage, expungement, use of DNA database records and privacy concerns shall not conflict with procedures and rules applicable to the Missouri DNA profiling system and the Federal Bureau of Investigation's DNA data bank system.

4. Unauthorized uses or dissemination of individually identifiable DNA information in a database for purposes other than criminal justice or law enforcement is a class A misdemeanor.

5. Implementation of section 650.050 and this section shall be subject to future appropriations to keep Missouri's DNA system compatible with the Federal Bureau of Investigation's DNA data bank system.

6. A defendant convicted of any felony listed in subsection 1 of this section may make a motion before the trial court that entered the judgment of conviction in his or her case for DNA testing on the defendant and on evidence that was secured in relation to the trial which resulted in the conviction. The defendant shall serve notice of the motion upon the prosecuting attorney of the county in which the conviction occurred. The defendant shall present a prima facie case that identity was a contested issue in the defendant's trial. If the defendant establishes a prima facie case, and the trial court determines that the results of the testing have the scientific potential to produce new, noncumulative evidence materially relevant to the defendant's assertion of actual innocence, the trial court shall order the state to compare DNA test results regarding the trial evidence and the defendant."; and

Further amend the title and enacting clause accordingly.

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

President Wilson assumed the Chair.

At the request of Senator Rohrbach, SB 1047, with SCS, as amended (pending), was placed on the Informal Calendar.

PRIVILEGED MOTIONS

Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1102, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 1102

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1102, begs leave to report that we, after open, free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1102.

2. That the House recede from its position on House Committee Substitute for House Bill No. 1102.

3. That the attached Conference Committee Substitute for House Bill No. 1102, be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Wayne Goode /s/ Dick Franklin
/s/ Harry Wiggins /s/ Steve Gaw
/s/ Joe Maxwell /s/ Scott B. Lakin
/s/ John T. Russell /s/ Ken Legan
/s/ Morris Westfall /s/ Daniel J. Hegeman

Senator Goode moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Clay Johnson--2
Absent with leave--Senators--None

Senator Wiggins assumed the Chair.

On motion of Senator Goode, CCS for HB 1102, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR HOUSE BILL NO. 1102

An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 2000 and ending June 30, 2001.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Clay Johnson--2
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 DePasco moved that motion lay on the table, which motion prevailed.

Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1103, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1103

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No.1103, begs leave to report that we, after open, free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No.1103.

2. That the House recede from its position on House Committee Substitute for House Bill No.1103.

3. That the attached Conference Committee Substitute for House Bill No. 1103, be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Wayne Goode /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Joe Maxwell /s/ Scott B. Lakin
/s/ John T. Russell /s/ Ken Legan
/s/ Morris Westfall /s/ Daniel J. Hegeman

Senator Goode moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Kenney Kinder Klarich
Mathewson Maxwell Mueller Rohrbach
Russell Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Johnson Quick Schneider--4
Absent with leave--Senators--None

On motion of Senator Goode, CCS for HB 1103, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1103

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs, and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Russell Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Johnson Rohrbach Schneider--4
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 DePasco moved that motion lay on the table, which motion prevailed.

Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1104, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1104

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1104, begs leave to report that we, after open, free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1104.

2. That the House recede from its position on House Committee Substitute for House Bill No. 1104.

3. That the attached Conference Committee Substitute for House Bill No. 1104, be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Wayne Goode /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Joe Maxwell /s/ Timothy P. Green
/s/ John T. Russell /s/ Ken Legan
/s/ Morris Westfall /s/ Chuck Gross

Senator Goode moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Kenney Kinder Klarich
Mathewson Maxwell Mueller Rohrbach
Russell Schneider Scott Sims
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Johnson Quick Singleton--4
Absent with leave--Senators--None

On motion of Senator Goode, CCS for HB 1104, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1104

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Kenney Kinder
Klarich Mathewson Maxwell Mueller
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Johnson Quick--2
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 DePasco moved that motion lay on the table, which motion prevailed.

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 adopted the Conference Committee Report on SCS for HCS for HB 1105 and has taken up and passed CCS for HB 1105.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1120, as amended, and requests the Senate to recede from its position, or failing to do so, grant the House a conference thereon.

Photographers from KOMU-TV were given permission to take pictures in the Senate Chamber today.

REPORTS OF STANDING COMMITTEES

Senator Mathewson, Chairman of the Committee on State Budget Control, submitted the following reports:

Mr. President: Your Committee on State Budget Control, to which was referred SCR 40, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which were referred SCS for HB 1604; HS for HCS for HBs 1566 and 1810, with SCS; and HS for HCS for HB 1076, with SCS, begs leave to report that it has considered the same and recommends that the bills do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which was referred SS for SCS for HB 1808, begs leave to report that it has con-sidered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1808, Page 261, Section 513.430, Line 8 of said page, by inserting immediately after said line the following:

"Section 1. The provisions of section 169.596, RSMo, shall apply to contract years beginning on and after July 1, 2002, and ending on or before June 30, 2005."; and

Further amend the title and enacting clause accordingly.

PRIVILEGED MOTIONS

Senator Goode moved that the Senate refuse to recede from its position on SCS for HCS for HB 1120, as amended, and grant the House a conference thereon, which motion prevailed.

Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1105, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1105

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1105, begs leave to report that we, after open, free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1105.

2. That the House recede from its position on House Committee Substitute for House Bill No. 1105.

3. That the attached Conference Committee Substitute for House Bill No. 1105, be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Wayne Goode /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Joe Maxwell /s/ Timothy P. Green
/s/ John T. Russell /s/ Ken Legan
/s/ Morris Westfall /s/ Daniel J. Hegeman

Senator Goode moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Carter 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
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senators--None

On motion of Senator Goode, CCS for HB 1105, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1105An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration, the Department of Transportation, and the Chief Executive's Office, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Mathewson--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 DePasco moved that motion lay on the table, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Johnson moved that SCS for HB 1604 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Johnson, SCS for HB 1604 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter 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.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Ehlmann--1
Absent with leave--Senators--None

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

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

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

Senator Scott moved that SS for SCS for HB 1808, as amended, with SCA 1, be taken up for third reading and final passage, which motion prevailed.

SCA 1 was taken up.

Senator Scott moved that the above amendment be adopted.

Senator Scott offered SSA 1 for SCA 1:

SENATE SUBSTITUTE AMENDMENT NO.1 FOR

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1808, Page 1, In the Title, Line 22 of said title, by inserting immediately after the word "clause" the following: "for certain sections and a termination date"; and

Further amend said bill, page 262, Section B, line 23 of said page, by inserting immediately after said line the following:

"Section C. Section 169.596 shall terminate on June 30, 2003.".

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

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Scott moved that the vote by which SS for SCS for HB 1808, as amended, was adopted be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Flotron
Goode Graves Howard Jacob
Johnson Kenney Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Ehlmann House Kinder--3
Absent with leave--Senators--None

Senator Johnson assumed the Chair.

SS for SCS for HB 1808, as amended, was again taken up.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Scott moved that the vote by which SA 3 was adopted be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Flotron
Goode Graves Howard Jacob
Johnson Kenney Klarich Mathewson
Maxwell Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Ehlmann House Kinder--3
Absent with leave--Senators--None

SA 3 was again taken up.

Senator Scott offered SSA 1 for SA 3:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1808, Page 256, Section 169.670, Line 15 of said page, by inserting immediately after said line the following:

"173.003. Retirement, severance and associated salary continuance policies and plans of approved public institutions, as defined in section 173.205, shall be applied uniformly, consistently and fairly to all similarly situated officials and employees of such approved public institutions; and no employee or official shall be singled out for retirement or severance benefits which are inconsistent with the formally adopted policies and plans of such approved public institutions."; and

Further amend the title and enacting clause accordingly.

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

Senator Scott moved that SS for SCS for HB 1808, as amended, be adopted, which motion prevailed.

On motion of Senator Scott, SS for SCS for HB 1808, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Carter Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Schneider Scott Sims Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators
Caskey Rohrbach Russell Singleton--4
Absent--Senators
Quick Staples--2
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Bland Carter Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kinder Klarich
Mathewson Maxwell Mueller Quick
Rohrbach Schneider Scott Sims
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators
Caskey Kenney Russell Singleton--4
Absent--Senator Staples--1
Absent with leave--Senators--None

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

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

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

At the request of Senator Scott, HS for HCS for HBs 1566 and 1810, with SCS, was placed on the Informal Calendar.

HB 1082, with SCS, introduced by Represen-tative Crump, entitled:

An Act to repeal section 12.010, RSMo 1994, relating to consent of the state to the acquisition of land by the federal government, and to enact in lieu thereof one new section relating to the same subject.

Was taken up by Senator Childers.

SCS for HB 1082, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1082

An Act to repeal section 12.010, RSMo 1994, relating to consent of the state to the acquisition of land by the federal government, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Stoll assumed the Chair.

Senator Childers moved that SCS for HB 1082 be adopted.

Senator Jacob offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1082, Page 1, Section 12.010, Line 7, by striking all of said lines and inserting in lieu thereof the following: "for Native American/Indian gaming".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Childers, HB 1082, with SCS and SA 1 (pending), was placed on the Informal Calendar.

CONCURRENT RESOLUTIONS

Senator Quick moved that SCR 44 be taken up for adoption, which motion prevailed.

On motion of Senator Quick, SCR 44 was adopted by the following vote:

YEAS--Senators
Bentley Bland Carter Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Singleton--1
Absent with leave--Senators--None


MESSAGES FROM THE GOVERNOR

The following message was received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 3, 2000

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:

E. Gail McCann Beatty, Democrat, 6012 Woodland Avenue, Kansas City, Jackson County, Missouri 64110, as a member of the Tourism Commission, for a term ending January 15, 2003, and until her successor is duly appointed and qualified; vice, Kathleen Tucker, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

REFERRALS

President Pro Tem Quick referred HS for HCS for HBs 1652 and 1433, with SCAs 1, 2, 3, 4, 5 and 6; HS for HCS for HBs 1677, 1675 and 1676, with SCS; HS for HCS for HB 1797, with SCA 1; HS for HCS for HB 1762, with SCS; HS for HCS for HB 1481; and HS for HCS for HBs 1215 and 1240, with SCS, to the Committee on State Budget Control.

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 adopted the Conference Committee Report on SCS for HCS for HB 1106 and has taken up and passed CCS for HB 1106.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1107 and has taken up and passed CCS for HB 1107.

REPORTS OF STANDING COMMITTEES

Senator Maxwell, Chairman of the Committee on Commerce and Environment, submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1326, 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 Bill No. 1326, Page 1, In the Title, Line 2, by striking "section" and inserting in lieu thereof the following: "sections 91.210 and"; and further amend line 3, by striking "one new section" and inserting in lieu thereof the following: "two new sections"; and

Further amend said bill and page, Section A, Lines 1 and 2, by striking said lines and inserting in lieu thereof the following:

"Section A. Sections 91.210 and 386.570, RSMo 1994, are repealed and two new sections enacted in lieu thereof, to be known as sections 91.210 and 386.570, to read as follows:

91.210. 1. All the provisions of sections 91.010 to 91.300, 91.450 to 91.540, 91.600 and 91.610, which concern the purchase of waterworks, shall apply, so far as the same are applicable, to the erection, acquisition, condemnation, operation or purchase of electric light plants, gas plants, ice plants or other lighting plants, but nothing in this section shall be construed to give any city any condemnation authority otherwise prohibited by section 71.525, RSMo.

2. For purposes of this section, "gas plant" includes all real estate, fixtures and personal property owned, operated, controlled, used or to be used for or in connection with or to facilitate the manufacture, distribution, sale or furnishing of gas, natural or manufactured, for light, heat or power.".

SENATE COMMITTEE AMENDMENT NO. 2

Amend House Bill No. 1326, Page 1, In the Title, Line 3, by striking "one new section" and inserting in lieu thereof the following: "two new sections"; and

Further amend said bill and page, section A, line 1, by striking "one new section" and inserting in lieu thereof the following: "two new sections"; and further amend line 2, by striking "section 386.570" and inserting in lieu thereof the following: "sections 386.570 and 1"; and

Further amend said bill, page 2, section 386.570, line 30, by inserting after all of said line the following:

"Section 1. 1. A gas corporation or electric corporation may increase rates to recognize and recover on a more timely basis the cost of relocating facilities to accommodate construction or improvement of a highway, road, street, public way or other public work by or on behalf of the United States, this state, any political subdivision of this state or any other entity having the power of eminent domain.

2. A gas corporation or electric corporation may recover the facilities' relocation costs pursuant to subsection 1 of this section by filing with the commission rate schedules that increase, by an equal amount, the fixed monthly rates applicable to all customer classes for gas service in its service territory.

3. Rate schedules filed to increase the gas corporation's or electric corporation's fixed monthly rates pursuant to subsection 2 of this section shall be accompanied by documentation sufficient to demonstrate:

(1) The governmental requirement or directive for each facility's relocation for which cost recovery is requested;

(2) The entity requiring relocation for each facility's relocation for which cost recover is requested;

(3) The costs incurred for each facility's relocation for which cost recovery is requested, which shall be conclusively established by the relevant work orders and shall include materials, labor, overheads and loadings;

(4) The annual facilities' relocation costs to be recovered, which shall be conclusively established by multiplying the sum of the facilities' relocation costs for which cost recovery is sought, as determined in subdivision (3) of this subsection by the most recent rate of return authorized by the commission for the gas corporation or electric corporation, factored to include the current effective tax rate;

(5) The computation of the increased fixed monthly rates to recover the facilities' relocation costs, which shall be conclusively established by dividing the annual facilities' relocation costs to be recovered, as determined in subdivision (4) of this subsection by the customer numbers reported by the gas corporation or electric corporation in the annual report it most recently filed with the commission pursuant to subdivision (6) of section 393.140, RSMo, and further dividing this quotient by twelve; and

(6) That reimbursement for the facilities' relocation has not been made and is not available from the entity requiring the relocation.

4. Prior to August 28, 2000, the rate schedules filed pursuant to this section, which shall be no less than thirty days from the date of filing with the commission, the commission shall approve or reject the proposed rate schedules. The commission shall not examine any other revenue requirement or ratemaking issues in its consideration of the proposed rate schedules. Rate schedules filed pursuant to this section shall not suspend such rate schedules pursuant to the provisions of section 393.150, RSMo, and may reject such proposed rate schedules only upon finding that:

(1) The facilities' relocations were not required to be performed for the reasons specified in subsection 1 of this section;

(2) The gas corporation or electric corporation did not provide the documentation specified in subsection 3 of this section for the facilities' relocation costs for which recovery is sought; or

(3) The gas corporation or electric corporation obtained reimbursement from the entity requiring the facilities' relocations for which cost recovery is sought.

5. This section applies only to facilities' relocation projects placed in service by a gas corporation or electric corporation on or after January 1, 2000.

6. No gas corporation which falls under this section shall allow any consumer to hook onto a gas service line that has been paid for by a private developer without reasonable reimbursement compensation to said private developer within five years of installation of said gas service line.

7. A gas corporation which falls under this section shall not be entitled to charge a private developer for replacement of a gas pipeline along a public right of way if when the original gas pipeline was installed, the gas corporation knew, or should have known, that the elevation of the adjacent roadway would change or that the gas pipeline would have to be moved should the adjacent roadway be widened or the public right of way be expanded."; and

Further amend the title and enacting clause accordingly.

RESOLUTIONS

Senators House and Ehlmann offered Senate Resolution No. 1696, regarding the St. Charles Lions Club, which was adopted.

Senator Clay offered Senate Resolution No. 1697, regarding Christopher Michael Primm, Cape Girardeau, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Sims introduced to the Senate, the Physician of the Day, Dr. Joseph Hanaway, M.D., St. Louis.

Senator Bentley introduced to the Senate, Nadia, Howard and Maral Cavner, Springfield.

Senator Sims introduced to the Senate, Jacob Siwak, St. Louis; and Jacob was made an honorary page.

Senator Kinder introduced to the Senate, twenty-one fourth grade students from Cape Christian School, Cape Girardeau; and Taylor Billings, Tiffany White, Riley Lohrmann and Bethany Parry were made honorary pages.

Senator Howard introduced to the Senate, Calvin Lee, Piedmont; and Connie Holder, Elkland.

On motion of Senator DePasco, the Senate adjourned until 9:30 a.m., Thursday, May 4, 2000.





SENATE CALENDAR

______



SIXTY-SIXTH DAY-THURSDAY, MAY 4, 2000

______



FORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SB 1045-Caskey, with SCS



SBs 1043, 1031, 580 &

671-Mathewson, with

SCS HOUSE BILLS ON THIRD READING



1. HB 1443-Koller, with

SCS (Johnson)

(In Budget Control)

2. HS for HB 1615-Hosmer,

with SCS (Caskey)

(In Budget Control)

3. HB 1706-Gambaro,

et al, with SCS (Clay)

4. HS for HCS for

HB 1076-Relford,

with SCS (Stoll)

5. HS for HB 1603-May

(108th), with SCS

(Jacob)

6. HB 1292-Auer, with

SCS (Jacob)

7. HCS for HB 1434, with

SCA 1 (Quick)

8. HCS for HB 1967, with

SCA 1 (Scott)

9. HB 1452-Foley and

Levin, with SCS

(DePasco)

10. HS for HCS for HBs

1652 & 1433-Hoppe,

with SCAs 1, 2, 3,

4, 5 & 6 (Caskey)

(In Budget Control)



11. HS for HCS for HBs 1677,

1675 & 1676-Riback Wilson,

with SCS (Jacob)

(In Budget Control)

12. HS for HB 1238-Hoppe,

with SCS (Mathewson)

13. HS for HCS for HB1797-Gratz,

with SCA 1 (Goode)

(In Budget Control)

14. HS for HCS for HBs 1172,

1501, 1633, 1440, 1634,

1177 & 1430-Davis (122nd),

with SCS (Howard)

15. HS for HCS for HB1762-

Williams (159th),

with SCS (Caskey)

(In Budget Control)

16. HCS for HB 1144, with

SCS (Johnson)

17. HJR 43-Barry, et al

(House)

18. HS for HCS for

HB 1481-Smith

(In Budget Control)

19. HCS for HB 1644, with SCS

20. HS for HCS for HBs

1215 & 1240-Smith,

with SCS (Caskey)

(In Budget Control)

21. HB 1768-Ward, with

SCS (Staples)



22. HB 1326-Mays (50th),

with SCAs 1 & 2

INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION



SBs 545, 628, 647, 728,

834 & 832-Staples,

with SCS (pending)

SBs 584, 539, 630, 777,

796, 918 & 927-Bentley,

with SCS & SS for SCS

(pending)

SBs 599 & 531-Schneider,

with SCS (pending)

SB 604-Wiggins

SB 697-Schneider, with

SCS & SA 1 (pending)

SB 720-Caskey, with SS &

SA 3 (pending)

SB 729-House, with SCS &

SA 8 (pending)

SB 744-Klarich

SB 748-Johnson, with SCS

SB 803-Goode, et al, with SCS

SBs 807, 553, 574, 614,

747 & 860-Jacob, with

SCS, SS for SCS & SA 2

(pending)

SB 817-Stoll, with SCS

SBs 818 & 564-Maxwell and

Kinder, with SCS



SB 826-Jacob, et al, with

SCS, SS for SCS & SA 5

(pending)

SB 827-Scott, et al, with

SS & SA 2 (pending)

SB 866-Klarich

SB 930-Jacob, with SCS

SB 955-Mathewson, et al

SB 957-Johnson and Quick,

with SCS, SA 2, SSA 1

for SA 2 & SA 3 to SSA

1 for SA 2 (pending)

SB 980-Jacob, with SCS

SB 1016-Jacob, et al,

with SS, SA 2 & point

of order (pending)

SB 1047-Rohrbach, with

SCS (pending)

SB 1048-Mathewson, with SCS

SJRs 45 & 41-House, with

SCS (pending)

SJR 46-Goode, et al, with

SCS (pending)

SJR 47-Quick, et al, with

SCS, SS for SCS, SA 1,

SSA 1 for SA 1 & point

of order (pending) HOUSE BILLS ON THIRD READING



HB 1082-Crump, with SCS &

SA 1 (pending) (Childers)

SCS for HCS for HBs 1386

& 1086 (Maxwell)

(In Budget Control)





HS for HCS for HBs 1566 &

1810-Bray, with SCS

(Scott)

HS for HCS for HJR 61-Van

Zandt, with SCS, SA 1

& SA 7 to SA 1 (pending)

(Quick)

CONSENT CALENDAR



Senate Bills



Reported 2/15



SB 740-Wiggins



House Bills



Reported 4/11



HB 1085-Selby (Stoll)





Reported 4/12





HB 1486-Abel, et al (Stoll)



Reported 4/13



HB 1848-Treadway, with

SCS (Carter)

HB 1568-Riback Wilson and

Holand, with SCS (Jacob)

HB 1596-Auer (Clay)

HB 1875-Franklin, with

SCA 1 (Wiggins)



HB 1396-Farnen, with SCS

(Johnson)

HB 1363-Bray, et al (Quick)

HB 1948-Gratz, et al,

with SCS (Staples)

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



SS for SB 549-Quick,

et al, with HS for HCS,

as amended

SS for SB 813-House, with

HCS, as amended

HCS for HB 1106, with SCS,

as amended (Goode)

(House adopted CCR

and passed CCS)

HCS for HB 1107, with SCS,

as amended (Goode)

(House adopted CCR

and passed CCS)

HCS for HB 1108, with SCS

(Goode)

HCS for HB 1109, with SCS

(Goode)



HCS for HB 1110, with SCS,

as amended (Goode)

HCS for HB 1111, with SCS,

as amended (Goode)

HCS for HB 1112, with SCS,

as amended (Goode)

HCS for HB 1120, with SCS,

as amended (Goode)



HB 1591-Backer, with SCS

(Howard)

HS for HCS for HB 1742-

Koller, with SCS, as

amended (Mathewson)

Requests to Recede or Grant Conference



SB 881-Wiggins, with HS

for HCS, as amended

(Senate requests House

recede or grant conference)





RESOLUTIONS



SR 1204-Goode

SR 1373-Mathewson



SCR 33-Kinder, et al



Reported from Committee



SCR 34-Bland, et al, with

point of order (pending)



SCR 40-House