Journal of the Senate

SECOND REGULAR SESSION

SIXTY-SIXTH DAY--THURSDAY, MAY 4, 2000

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

"Where can I go then from Your Spirit?...If I take the wings of the morning and dwell in the uttermost parts of the sea even there Your hand will lead me and Your right hand hold me fast." (Psalm 139:6,8-9)

Gracious God, help us to always remember that wherever we may be and whatever the circumstances we find ourselves You are there for us, present in our lives, our joys and sorrows and disappointments. Help us to remember whatever circumstances of life we are living through, even here, You are with us to walk with us and uphold us. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

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

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1698, regarding Louis N. "Lou" Fosburgh, 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 the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 1120, as amended: Represen-tatives Franklin, Lakin, Green, Shields and Legan.

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 1108 and has taken up and passed CCS for HB 1108.

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

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:

Jeannine H. Osborn, Republican, 706 Briarfarm Lane, Kirkwood, St. Louis County, Missouri 63122, as a member of the State Board of Education, for a term ending July 1, 2005, and until her successor is duly appointed and qualified; vice, William Kahn, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

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:

Vanetta E. Rogers, Democrat, 5049 North Kingshighway Boulevard, St. Louis City, Missouri 63115, as a member of the State Board of Education, for a term ending June 27, 2004, and until her successor is duly appointed and qualified; vice, Jacqueline D. Wellington, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

Senator Wiggins assumed the Chair.

HOUSE BILLS ON THIRD READING

HB 1486, introduced by Representative Abel, et al, entitled:

An Act to repeal section 163.191, RSMo 1994, relating to state aid to community colleges, 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 Stoll.

On motion of Senator Stoll, HB 1486 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1848, with SCS, introduced by Represen-tative Treadway, entitled:

An Act to repeal section 334.040, RSMo Supp. 1999, relating to examination of physicians and surgeons, 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 Carter.

SCS for HB 1848, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1848

An Act to repeal sections 324.130 and 334.040, RSMo Supp. 1999, relating to licensing of health practitioners and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Carter moved that SCS for HB 1848 be adopted.

President Wilson assumed the Chair.

Senator Singleton offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1848, Page 1, Section A, Line 3, by inserting after all of said line the following:

"190.142. 1. The department shall, within a reasonable time after receipt of an application, cause such investigation as it deems necessary to be made of the applicant for an emergency medical technician's license. The director may authorize investigations into criminal records in other states for any applicant.

2. The department shall issue a license to all levels of emergency medical technicians, for a period of five years, if the applicant meets the requirements established pursuant to sections 190.001 to 190.245 and the rules adopted by the department pursuant to sections 190.001 to 190.245. The department may promulgate rules relating to the requirements for an emergency medical technician including but not limited to:

(1) Age requirements;

(2) Education and training requirements based on respective national curricula of the United States Department of Transportation and any modification to such curricula specified by the department through rules adopted pursuant to sections 190.001 to 190.245;

(3) Initial licensure testing requirements;

(4) Continuing education and relicensure requirements; and

(5) Ability to speak, read and write the English language.

3. Application for all levels of emergency medical technician license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245. The application form shall contain such information as the department deems necessary to make a determination as to whether the emergency medical technician meets all the requirements of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245.

4. All levels of emergency medical technicians may perform only that patient care which is:

(1) Consistent with the training, education and experience of the particular emergency medical technician; [and]

(2) Ordered by a physician or set forth in protocols approved by the medical director; and

(3) In an emergency situation providing pre-hospital care, during continued emergency care in a health care facility, or inter-hospital and non-emergency transports notwithstanding other provisions of law.

5. No person shall hold themselves out as an emergency medical technician or provide the services of an emergency medical technician unless such person is licensed by the department.

6. All patients transported in a supine position in a vehicle other than an ambulance shall receive an appropriate level of care. The department shall promulgate rules regarding the provisions of this section. This subsection shall only apply to vehicles transporting patients for a fee."; and

Further amend the title and enacting clause accordingly.

Senator Singleton requested unanimous consent of the Senate to suspend Senate Rule 97 and adopt SA 1, which request was denied.

Senator Singleton moved that Senate Rule 97 be suspended, which motion failed to receive the necessary two-thirds majority by the following vote:

Senator Carter moved that SCS for HB 1848 be adopted, which motion prevailed.

On motion of Senator Carter, SCS for HB 1848 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1568, with SCS, introduced by Represen-tatives Riback Wilson (25) and Holand, entitled:

An Act to repeal section 210.030, RSMo Supp. 1999, relating to blood tests of pregnant women, 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 1568, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1568

An Act to repeal section 210.030, RSMo Supp. 1999, relating to women's health, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Jacob moved that SCS for HB 1568 be adopted, which motion prevailed.

On motion of Senator Jacob, SCS for HB 1568 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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 1596, introduced by Representative Auer, entitled:

An Act to amend chapter 375, RSMo, relating to insurance companies by adding thereto one new section relating to the same subject.

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

On motion of Senator Clay, HB 1596 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1875, with SCA 1, introduced by Representative Franklin, entitled:

An Act to repeal section 29.230, RSMo Supp. 1999, relating to duties of the state auditor, 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 Wiggins.

SCA 1 was taken up.

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

Senator Wiggins moved that HB 1875, as amended, be read the 3rd time and finally passed.

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

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 1120, as amended: Senators Goode, Maxwell, Wiggins, Russell and Westfall.

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 1106, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1106

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. 1106, 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. 1106.

2. That the House recede from its position on House Committee Substitute for House Bill No. 1106.

3. That the attached Conference Committee Substitute for House Bill No. 1106, be truly agreed to and finally passed.

Senator Goode moved that the above conference committee report be adopted.

Senator Klarich offered a substitute motion that the House grant a further conference on CCS for SCS for HCS for HB 1106 and that the conferees be instructed to remove the $250,000 in general revenue from Section 6.372.

At the request of Senator Klarich, the above substitute motion was withdrawn.

Senator Staples assumed the Chair.

CCR for SCS for HCS for HB 1106 was adopted by the following vote:

On motion of Senator Goode, CCS for HB 1106, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1106

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources 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:

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 1107, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1107

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. 1107, 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. 1107.

2. That the House recede from its position on House Committee Substitute for House Bill No. 1107.

3. That the attached Conference Committee Substitute for House Bill No. 1107, be truly agreed to and finally passed.

Senator Goode moved that the above conference committee report be adopted.

Senator Ehlmann offered the following substitute motion, which was read:

SUBSTITUTE MOTION

That the Senate reject the Conference Committee Report on CCS/SCS/HCS/HB 1107 and request that the House grant further conference thereon, and the Senate conferees be instructed to adopt the following amendment:

To amend CCS/SCS/HCS/HB 1107, page 3, lines 4-6 of said page, by striking the following:

"Kansas City Midtown, Excelsior Springs Elms Hotel, Independence Santa Fe Trail Neighborhood, St. Louis City Convention Hotel, Riverside Levee, Vista Del Rio, and Cupples Station.".

Senator Ehlmann offered SA 1 to his substitute motion, which was read:

SENATE AMENDMENT NO. 1

Amend the substitute motion on the Conference Committee Report for CCS/SCS/HCS/HB 1107, Page 1, Line 8 of said page, by striking the following: "and Cupples Station".

Senator Ehlmann moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bentley, Childers, Kinder and Steelman.

SA 1 to the substitute motion was adopted by the following vote:

At the request of Senator Goode, the conference committee report on SCS for HCS for HB 1107, as amended, with the substitute motion offered by Senator Ehlmann, as amended (pending), was placed on the Calendar.

REPORTS OF STANDING COMMITTEES

Senator Clay, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HS for HB 1728, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

Senator Howard offered Senate Resolution No. 1699, regarding Stephanie Parker, Puxico, which was adopted.

Senator Howard offered Senate Resolution No. 1700, regarding Amanda E. Smith, Sikeston, which was adopted.

Senator Howard offered Senate Resolution No. 1701, regarding Lori Rachelle Williams, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1702, regarding Charlina Nicole Bible, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1703, regarding Leah Ford, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1704, regarding Nicole R. Harris, Sikeston, which was adopted.

Senator Howard offered Senate Resolution No. 1705, regarding Ashley Lufcy, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1706, regarding Ashley Bruce, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1707, regarding Brandi Nicole Taylor, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1708, regarding Jennifer Bell, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1709, regarding Melissa Dawn Fincher, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1710, regarding Jamie Reynolds, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1711, regarding Cortney Smith, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 1712, regarding Lindsay Warrington, Kennett, which was adopted.

Senator Yeckel offered Senate Resolution No. 1713, regarding Sharon Clayton Knueppe, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1714, regarding Henry Menghini, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1715, regarding Dr. W. Gene Engelhardt, St. Louis, which was adopted.

Senator Yeckel offered Senate Resolution No. 1716, regarding Mrs. Kelley Erwin, St. Charles, which was adopted.

Senator Yeckel offered Senate Resolution No. 1717, regarding Jack P. Lunsford, Mehlville, which was adopted.

Senator Yeckel offered Senate Resolution No. 1718, regarding Mrs. Janet Shamia, St. Louis County, which was adopted.

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 Senator Staples.

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 1604 and has again taken up and passed SCS for HB 1604.

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 1739 and has again taken up and passed SCS for HB 1739.

Emergency clause defeated.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1097 and has again taken up and passed SCS for HB 1097.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1, SCA 2, SCA 3 to HB 1428 and has again taken up and passed HB 1428 as amended.

Emergency clause defeated.

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 1142, as amended, and requests the Senate to recede from its position, or failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1109 and has taken up and passed CCS for HB 1109.

President Wilson assumed the Chair.

PRIVILEGED MOTIONS

Senator Johnson moved that the Senate refuse to recede from its position on SCS for HCS for HB 1142, as amended, and grant the House a conference thereon, which motion prevailed.

RESOLUTIONS

Senator Staples offered Senate Resolution No. 1719, regarding Sherry Goodson, Centerville, which was adopted.

Senator Staples offered Senate Resolution No. 1720, regarding James V. Hughes, Ellington, which was adopted.

Senator Staples offered Senate Resolution No. 1721, regarding Harold Fox, Ellington, which was adopted.

Senator Goode offered Senate Resolution No. 1722, regarding the One Hundred Fiftieth Anniversary of the St. Vincent Home for Children, St. Louis, which was adopted.

Senator Flotron offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE RESOLUTION NO. 1723

WHEREAS, the Holy See is a governing authority of the sovereign State of Vatican City; and

WHEREAS, the Holy See has an internationally recognized legal personality, which allows it to enter into treaties as the juridical equal of a state and to send and receive diplomatic representatives; and

WHEREAS, the diplomatic history of the Holy See began over 1,600 years ago, during the 4th century, A.D. and the Holy See currently has formal diplomatic relations with one hundred sixty-nine nations, including the United States, and maintains one hundred seventy-nine permanent diplomatic missions abroad; and

WHEREAS, although the Holy See was an active participant in a wide range of United Nations activities since 1946, and was eligible to become a member state of the United Nations, it chose instead to become a nonmember state with Permanent Observer status over thirty-six years ago, in 1964; and

WHEREAS, unlike other geographically small countries such as Monaco, Nauru, San Marino and Liechtenstein, the Holy See does not possess a vote in the General Assembly of the United Nations; and

WHEREAS, according to a July 1998 assessment by the United States Department of State, the United States values the Holy See's significant contributions to international peace and human rights; and

WHEREAS, during the past year, certain organizations that oppose the views of the Holy See regarding abortion and the sanctity of human life have initiated an organized effort to pressure the United Nations to remove the Permanent Observer status of the Holy See; and

WHEREAS, the removal of the Holy See's Permanent Observer status would constitute an expulsion of the Holy See from the United Nations as a state participant:

NOW THEREFORE BE IT RESOLVED, that the members of the Missouri Senate, Ninetieth General Assembly, Second Regular Session, hereby request that Congress commend the Holy See for its unique contributions to a thoughtful and robust dialogue in issues of international concern during its thirty-six years as a Permanent Observer at the United Nations; and

BE IT FURTHER RESOLVED, that Congress should strongly object to any effort to expel the Holy See from the United Nations as a state participant by removing its status as a nonmember state Permanent Observer; and

BE IT FURTHER RESOLVED, that Congress should emphasize that any degradation of the status accorded to the Holy See at the United Nations would seriously damage the credibility of the United Nations by demonstrating that its rules of participation are manipulable for ideological reasons rather than being rooted in neutral principles and objective facts of sovereignty and that any degradation of the status of the Holy See will damage relations between the United States and the United Nations; and

BE IT FURTHER RESOLVED, that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for each member of Missouri's Congressional Delegation.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 1142, as amended: Senators Johnson, Mathewson, Caskey, Childers and Russell.

CONFERENCE COMMITTEE REPORTS

Senator Goode moved that the conference committee report on SCS for HCS for HB 1107, as amended, with the substitute motion made by Senator Ehlmann (pending), be taken up for adoption, which motion prevailed.

The substitute motion made by Senator Ehlmann was again taken up.

Senator Scott raised the point of order that the substitute motion made by Senator Ehlmann is out of order as the body may only accept or reject the report or return the bill to conference.

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

At the request of Senator Scott, his point of order was withdrawn.

Senator Ehlmann offered SA 2 to the substitute motion:

SENATE AMENDMENT NO. 2

Amend the substitute motion on the Conference Committee Report for CCS/SCS/HCS/HB 1107, Page 1, Lines 6-7 of said page, by striking the following: "Independence Santa Fe Trail Neighborhood,".

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

Senator Ehlmann offered SA 3 to the substitute motion:

SENATE AMENDMENT NO. 3

Amend the substitute motion on the Conference Committee Report for CCS/SCS/HCS/HB 1107, Page 1, Line 7 of said page, by striking the following: "Riverside Levee,".

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

Senator Ehlmann offered SA 4 to the substitute motion:

SENATE AMENDMENT NO. 4

Amend the substitute motion on the Conference Committee Report for CCS/SCS/HCS/HB 1107, Page 1, Line 6 of said page, by striking the following: "Kansas City Midtown,".

Senator Ehlmann moved that the above amendment be adopted.

Senator Maxwell raised the point of order that the amendment before the body is out of order because the conference committee report may not be amended in that the conferees have been dissolved and the body must vote on the underlying motion.

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

At the request of Senator Maxwell, his point of order was withdrawn.

SA 4 to the substitute motion was again taken up.

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

Senator Mathewson assumed the Chair.

Senator Ehlmann offered SA 5 to the substitute motion:

SENATE AMENDMENT NO. 5

Amend the substitute motion on the Con-ference Committee Report for CCS/SCS/HCS/HB 1107, Page 1, Lines 7-8 of said page, by striking the following: "Vista Del Rio,".

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

Senator Ehlmann offered SA 6 to the substitute motion:

SENATE AMENDMENT NO. 6

Amend the substitute motion on the Con-ference Committee Report for CCS/SCS/HCS/HB 1107, Page 1, Line 6 of said page, by striking the following: "Excelsior Springs Elms Hotel,".

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

Senator Ehlmann offered SA 7 to the substitute motion:

SENATE AMENDMENT NO. 7

Amend the substitute motion on the Con-ference Committee Report for CCS/SCS/HCS/HB 1107, Page 1, Line 7 of said page, by striking the following: "St. Louis City Convention Hotel,".

Senator Ehlmann moved that the above amendment be adopted.

Senator Scott offered SSA 1 for SA 7 to the substitute motion, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 7

Amend the substitute motion on the Con-ference Committee Report for CCS/SCS/HCS/HB 1107, Page 1, Line 8 of said page, by inserting at the end of said line the following: "; further amend said bill, page 10, Section 7.075, line 15, by inserting the following:

", but excluding funding for St. Charles Workforce Investment Board,".

Senator Scott moved that the above substitute amendment be adopted.

At the request of Senator Scott, SSA 1 for SA 7 was withdrawn.

SA 7 was again taken up.

Senator Ehlmann moved that the above amendment be adopted.

Senator Kinder requested a roll call vote be taken on the adoption of SA 7 and was joined in his request by Senators Bentley, Childers, Goode and Wiggins.

SA 7 was adopted by the following vote:

At the request of Senator Ehlmann, his substitute motion was withdrawn.

Senator Flotron offered the following substitute motion:

SUBSTITUTE MOTION

That the Senate refuse to adopt the Conference Committee Report on CCS/SCS/HCS/HB 1107 and request that the House grant further conference thereon, and the Senate conferees be instructed to adopt the following amendment:

To amend CCS/SCS/HCS/HB 1107, page 21 & 22, Section 7.835 of said pages, by deleting said section and inserting the following:

"Section 7.835. To the Department of Labor and Industrial Relations

For the Division of Workers' Compensation

For the purpose of funding Administration

Personal Service $7,181,851

Annual salary adjustment in accordance with Section 105.005, RSMo 235,104

Expense and Equipment 1,001,664

There is transferred from the Workers'

Compensation Fund

to the Kids' Chance Scholarship

Fund 50,000

From Workers' Compensation Fund 8,468,619

Personal Service 21,829

Annual salary adjustment in accordance with

Section 105.005, RSMo 1,296

From Crime Victims' Compensation Fund.. 23,125

Total (Not to exceed 156.75 F.T.E.) $8,491,744"

Senator Flotron moved that the above substitute motion be adopted.

Senator Childers requested a roll call vote be taken on the substitute motion offered by Senator Flotron and was joined in his request by Senators Flotron, Kenney, Rohrbach and Sims.

The substitute motion offered by Senator Flotron failed of adoption by the following vote:

Senator Goode moved that the conference committee report on SCS for HCS for HB 1107 be adopted, which motion prevailed by the following vote:

On motion of Senator Goode, CCS for HB 1107, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1107

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and Department of Labor and Industrial Relations, 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:

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 message was 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 refuses to adopt the Conference Committee Report on SCS for HCS for HB 1110 and requests the Senate to grant the House a further conference on SCS for HCS for HB 1110, and the House conferees be bound to the Conference Committee Report except in Section 10.110 and Section 10.415.

PRIVILEGED MOTIONS

Senator Goode moved that the Senate grant the House a further conference on SCS for HCS for HB 1110, as amended, 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 1108, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1108

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. 1108, 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. 1108.

2. That the House recede from its position on House Committee Substitute for House Bill No. 1108.

3. That the attached Conference Committee Substitute for House Bill No. 1108, be truly agreed to and finally passed.

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

On motion of Senator Goode, CCS for HB 1108, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1108

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, 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:

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 1109, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1109

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. 1109, 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. 1109.

2. That the House recede from its position on House Committee Substitute for House Bill No. 1109.

3. That the attached Conference Committee Substitute for House Bill No. 1109, be truly agreed to and finally passed.

Senator Goode moved that the above conference committee report be adopted.

Senator Rohrbach raised the point of order that the conference committee report on SCS for HCS for HB 1109 is out of order as it exceeds the differences between the bodies in Section 9.407.

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

At the request of Senator Rohrbach, his point of order was withdrawn.

CCR on SCS for HCS for HB 1109 was adopted by the following vote:

On motion of Senator Goode, CCS for HB 1109, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1109

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

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

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 GOVERNOR

The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 4, 2000

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 28, 2000 for your advice and consent:

Keith E. Spare, 5128 Brookside Boulevard, Kansas City, Jackson County, Missouri 64112, as a member of the Committee for Professional Counselors, for a term ending August 28, 2003, and until his successor is duly appointed and qualified; vice, Christopher Magilo, Ph.D., resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem Quick moved that the above appointment be returned to the Governor, pursuant to his request, which motion prevailed.

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 4, 2000

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 28, 2000 for your advice and consent:

Debra A. Foster, Republican, 6140 North Hull, Kansas City, Jackson County, Missouri 64151, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2004, and until her successor is duly appointed and qualified; vice, Susanne Hoffmann, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem Quick moved that the above appointment be returned to the Governor, pursuant to his request, which motion prevailed.

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 4, 2000

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 26, 2000 for your advice and consent:

Katherine K. Wesselschmidt, 9566 Banyon Tree Court, St. Louis, St. Louis County, Missouri 63126, as a member of the Safe Drinking Water Commission, for a term ending September 1, 2002, and until her successor is duly appointed and qualified; vice, Susan McHugh, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem Quick moved that the above appointment be returned to the Governor, pursuant to his request, which motion prevailed.

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 4, 2000

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 25, 2000 for your advice and consent:

Kay G. Crockett, Democrat, 117 Hollyridge, Columbia, Boone County, Missouri 65203, as a member of the Board of Probation and Parole, for a term ending April 3, 2004, and until her successor is duly appointed and qualified; vice, Robert E. Newsom, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem Quick moved that the above appointment be returned to the Governor, pursuant to his request, which motion prevailed.

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 4, 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:

Darrel D. Ashlock, Democrat, 917 South 39th Street, St. Joseph, Buchanan County, Missouri 64507, as a member of the Board of Probation and Parole, for a term ending April 3, 2004, and until his successor is duly appointed and qualified; vice, Kay G. Crockett, withdrawn.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 4, 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:

Stacey Daniels-Young, Ph.D., 3428 East 46^th Street, Kansas City, Jackson County, Missouri 64130, as a member of the Kansas City Board of Police Commissioners, for a term ending March 7, 2003, 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

May 4, 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:

Karl B. Zobrist, 1232 Stratford Road, Kansas City, Jackson County, Missouri 64113, as a member of the Kansas City Board of Police Commissioners, for a term ending March 7, 2004, and until his successor is duly appointed and qualified; vice, Jeffery J. Simon, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 1142, as amended: Representatives Ransdall, Wiggins, Leake, Hartzler 124, Marble.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1122 and has again taken up and passed SCS for HB 1122.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1121 and has again taken up and passed SCS for HB 1121.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 1113 and has again taken up and passed SCS for HCS for HB 1113.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HB 2001, entitled:

An Act to repeal sections 137.073 and 139.031, RSMo Supp. 1999, relating to the calculation of real property tax rates in all counties, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1159, entitled:

An Act to repeal section 143.121, RSMo 1994, and sections 135.010, 137.115 and 143.124, RSMo Supp. 1999, relating to income taxation, and to enact in lieu thereof six new sections relating to the same subject, with an effective date for certain sections.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 1888, entitled:

An Act to amend chapter 168, RSMo, by adding thereto one new section relating to a loan repayment assistance program for teachers working in certain school districts.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REPORTS OF STANDING COMMITTEES

Senator Quick, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Michael L. Craighead, as a member of the State Board of Registration for the Healing Arts;

Also,

Larry E. Pratt, as a member of the Fire Education Trust Fund Board;

Also,

Willard H. "Bill" Halmich and Philip B. Sayer, as members of the Missouri Fire Education Commission;

Also,

Christina M. Norton and Gordon V. Spilker, as members of the Missouri Agricultural and Small Business Development Authority;

Also,

Juan M. Rangel, Jr., as a member of the Northwest Missouri State University Board of Regents;

Also,

Elizabeth T. Solberg and W. Michael Ross, as members of the Missouri Development Finance Board;

Also,

Jocelyn J. Osborne and Joanne S. Griffin, as members of the Missouri Community Service Commission;

Also,

Phyllis J. Baker, Denise L. Osment and Susan L. Else, as members of the Missouri Women's Council;

Also,

Lethrone Johnson and John S. Gaal, as members of the Missouri Seed Capital Investment Board;

Also,

Warren C. Davis, Jr. and Susan B. Williamson, as members of the Hazardous Waste Management Commission of the State of Missouri;

Also,

Judith W. Baker and Neal A. Gibbons, as members of the Board of Trustees for the Petroleum Storage Tank Insurance Fund;

Also,

Larry V. Schepers, as a member of the Board of Curators for Lincoln University;

Also,

Patricia A. Nichols, as a member of the Well Installation Board;

Also,

H. Bruce Nethington, as a member of the Missouri Health Facilities Review Committee;

Also,

Susan W. Nall, as a public member of the Video Instructional Development Education Opportunity Fund;

Also,

Nancy R. Siwak, as a member of the State Environmental Improvement and Energy Resources Authority;

Also,

Michelle L. Ray, as a member of the Seismic Safety Commission;

Also,

John T. Wade, as a member of the Committee for 911 Service Oversight;

Also,

Jacob I. Johnson, as a member of the Bi-State Development Agency of the Missouri-Illinois Metropolitan District;

Also,

Nadia T. Cavner and Robert E. Bell, as members of the Health and Educational Facilities Authority of the State of Missouri;

Also,

Donald J. Gralike, as a member of the Missouri Veterans' Commission;

Also,

Roger L. Gregory, as a member of the Missouri Real Estate Appraisers Commission;

Also,

Muriel Ann Brison, as a public member of the Public Defender Commission;

Also,

Anne B. Schmidt, as a member of the Missouri Housing Development Commission;

Also,

Barbara H. Pickering, as a member of the State Lottery Commission;

Also,

Maurice J. Nutt, as a member of the St. Louis City Board of Police Commissioners;

Also,

Raenne E. Presley, as a member of the Tourism Commission;

Also,

Betsy A. Baird, Maria I. Gomez, Anne B. Schmidt, Linda W. Hancik, Timothy J. Fete, Carolyn V. Atkins, Barbara B. Smith and Jennie L. Crisp, as members of the Child Abuse and Neglect Review Board;

Also,

Denise Troy Curry, David L. Ohlms, Betty C. Hearnes and Dorsey Alan Baumgartner, as members of the State Mental Health Commission;

Also,

Dorothy Stroh Becvar and John R. Small, as members of the State Committee of Marital and Family Therapists;

Also,

Davis D. Minton, as a member of the Clean Water Commission of the State of Missouri;

Also,

Jean Galloway, as a member of the Board of Certification of Interpreters;

Also,

Cheryl Lynn Bisbee, as a member of the Kansas City Board of Election Commissioners;

Also,

Charles E. Dumsky, as a member of the Jackson County Board of Election Commissioners;

Also,

Karen A. Winn, as a member of the Administrative Hearing Commission.

Senator Quick requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Quick moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 1110, as amended: Senators Goode, Maxwell, Wiggins, Russell and Westfall.

REPORTS OF STANDING COMMITTEES

Senator Johnson, Chairman of the Committee on Public Health and Welfare, submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred HS for HCS for HBs 1489, 1488 and 1650, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1724, regarding Larry Berry, Hume, which was adopted.

Senator DePasco offered Senate Resolution No. 1725, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Antonio Vasquez, Kansas City, which was adopted.

Senator DePasco offered Senate Resolution No. 1726, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Jim Reyes, Kansas City, which was adopted.

Senator DePasco offered Senate Resolution No. 1727, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Robert Peters, Kansas City, which was adopted.

Senator DePasco offered Senate Resolution No. 1728, regarding the Fiftieth Wedding Anniversary

of Mr. and Mrs. Fred Marx, Kansas City, which was adopted.

Senator DePasco offered Senate Resolution No. 1729, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Louis Garcia, Kansas City, which was adopted.

Senator DePasco offered Senate Resolution No. 1730, regarding Larry Polzin, Sylmar, California, which was adopted.

Senator Caskey offered Senate Resolution No. 1731, regarding Jeanie Naylor, Osceola, which was adopted.

Senator Caskey offered Senate Resolution No. 1732, regarding Esther McLerran, Osceola, which was adopted.

Senator Caskey offered Senate Resolution No. 1733, regarding Susan Brockus, Osceola, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Childers introduced to the Senate, Sheena Morris, Teresa Porter, Roger Butler, Julie Pruitt and forty-four fifth grade students from Blue Eye Elementary School, Blue Eye.

Senator Kenney introduced to the Senate, the Physician of the Day, Dr. Donald Potts, M.D., Independence.

On motion of Senator DePasco, the Senate adjourned until 9:30 a.m., Friday, May 5, 2000.

SENATE CALENDAR

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SIXTY-SEVENTH DAY-FRIDAY, MAY 5, 2000

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FORMAL CALENDAR

HOUSE BILLS ON SECOND READING

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING