Journal of the Senate

SECOND REGULAR SESSION

SIXTY-EIGHTH DAY--SUNDAY, MAY 7, 2000

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

"The righteous....are in the hand of God." (Ecclesiastes 9:1)

Heavenly Father, in what has seemed to be a short weekend, we are safely back here to work and bring to conclusion this session. There is much to be done this week, Lord, and we will need Your strong hand to guide us. And we pray for Your help to have the confidence of making the right decisions we are expected to make. Watch over us this week and provide us the energy and wherewithal we will need. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal for Friday, May 5, 2000, was read and approved.

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

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

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 has taken up and passed HS for HCS for SB 788, entitled:

An Act to repeal section 105.055, RSMo 1994, and section 105.058, RSMo Supp. 1999, relating to whistleblower and related protections for employees, and to enact in lieu thereof ten new sections relating to the same subject, with an effective date for a certain section.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Bill No. 788, Page 11, Section 3, Line 11, by deleting the word "nine" and inserting in lieu thereof the word "eleven"; and

Further amend said bill, Page 11, Section 3, Line 13, by deleting the word "one" and inserting in lieu thereof the word "two"; and

Further amend said bill, Page 11, Section 3, Line 13, by deleting the word "a" found on said line; and

Further amend said bill, Page 11, Section 3, Line 14, by deleting the word "representative" and inserting in lieu thereof the word "represen-tatives"; and

Further amend said bill, Page 11, Section 3, Line 15, by deleting the word "two" and inserting in lieu thereof the word "three".

In which the concurrence of the Senate is respectfully requested.

PRIVILEGED MOTIONS

Senator Maxwell moved that the Senate refuse to concur in HS for HCS for SB 856, 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.

Senator Johnson moved that the Senate refuse to concur in HS for HCS for SB 788, 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.

Senator Mathewson moved that the Conference Committee Report on SCS for HS for HCS for HB 1742, as amended, be returned to the House of Representatives for the purpose of adopting the emergency clause on the Conference Committee Substitute.

Senator Wiggins assumed the Chair.

Senator Johnson assumed the Chair.

Senator Singleton offered a substitute motion that the Conference Committee Report on SCS for HS for HCS for HB 1742, as amended, be sent back to the House of Representatives, which motion failed.

Senator Mathewson renewed his motion that the Conference Committee Report on SCS for HS for HCS for HB 1742, as amended, be returned to the House of Representatives for the purpose of adopting the emergency clause on the Conference Committee Substitute, which motion prevailed.

HOUSE BILLS ON THIRD READING

HS for HB 1603, with SCS, entitled:

An Act to repeal section 407.820, RSMo 1994, and sections 407.815, 407.816, 407.822 and 407.825, RSMo Supp. 1999, relating to motor vehicle franchise practices, and to enact in lieu thereof seven new sections relating to the same subject.

Was called from the Informal Calendar and taken up by Senator Jacob.

SCS for HS for HB 1603, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 1603

An Act to repeal sections 407.820, 407.850 and 407.870, RSMo 1994, and sections 407.815, 407.816, 407.822, 407.825 and 621.053, RSMo Supp. 1999, relating to motor vehicle franchise practices, and to enact in lieu thereof ten new sections relating to the same subject.

Was taken up.

Senator Jacob moved that SCS for HS for HB 1603 be adopted.

Senator Jacob offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Bill No. 1603, Page 18, Section 407.826, Line 31, by inserting immediately after "2000" the following: ";

(4) Nothing in this section shall prohibit a factory from providing wholesale financing or dealer financing in the form of capital loans, revolving lines of credit and mortgage loans. Additionally, nothing in this section shall prohibit a factory from providing retail and lease financing of motor vehicles through its franchised motor vehicle dealers. Nor does this section prohibit a factory's wholly owned finance company from selling repossessed or off-lease vehicles at auction in Missouri to franchised motor vehicle dealers".

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

Senator Wiggins assumed the Chair.

Senator Stoll assumed the Chair.

Senator Russell offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Bill No. 1603, Page 3, Section 407.815, Line 65, by inserting after the word "vessels" the following: "using pontoon flotation systems or those".

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

Senator Staples offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Bill No. 1603, Page 2, Section 407.815, Lines 38-39, by striking all of said lines after the words "301, RSMo" and inserting a semicolon ";".

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

Senator Childers offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Bill No. 1603, Page 2, Section 407.815, Lines 32-33, by deleting said lines and inserting in lieu thereof the following:

"vehicles or used motor vehicles taken in trade of new motor vehicles or used motor vehicles purchased".

Senator Childers moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

Senator Jacob offered SSA 1 for SA 4, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Bill No. 1603, Page 2, Section 407.815, Lines 32-33, by deleting said lines and inserting in lieu thereof the following:

"vehicles or used motor vehicles taken in trade of new motor vehicles or used motor vehicles purchased"; and

Further amend said section, page 3, lines 62-66, by deleting said lines.

Senator Jacob moved that the above substitute amendment be adopted.

Senator Flotron raised the point of order that the substitute amendment is out of order as it attempts to amend previously amended material.

Senator Mathewson assumed the Chair.

The point of order was referred to the President Pro Tem, who ruled it well taken.

SA 4 was again taken up.

Senator Childers moved that the above amendment be adopted.

Senator Kenney requested a roll call vote be taken on the adoption of SA 4 and was joined in his request by Senators Childers, Flotron, Klarich and Mathewson.

SA 4 failed of adoption by the following vote:

Senator Mueller offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Substitute for House Bill No. 1603, Pages 16-17, Section 407.825(17), Lines 260-269, by striking all of said lines and inserting in lieu thereof the following: "(17) To fail to timely compensate the franchisee for parts used to rectify the franchisor's product or warranty defects or parts used in the delivery and preparations obligations. For purposes of this subdivision, compensation for parts shall be at a rate agreed upon by the two parties. If no agreement can be reached, then the rate of compensation shall be the same as previously provided to the franchisee for warranty work;".

Senator Mueller moved that the above amendment be adopted.

Senator Jacob requested a roll call vote be taken on the adoption of SA 5 and was joined in his request by Senators Flotron, House, Howard and Mueller.

SA 5 failed of adoption by the following vote:

Senator Bland offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Substitute for House Bill No. 1603, Page 5, Section 407.817, Line 86, by inserting after all of said line the following:

"407.818. No franchisee shall have a posted labor rate for motor vehicle repairs of more than ten times the federal minimum wage."; and

Further amend said title, enacting clause and intersectional references accordingly.

Senator Bland moved that the above amendment be adopted.

Senator Kinder requested a roll call vote be taken on the adoption of SA 6 and was joined in his request by Senators Caskey, Childers, House and Sims.

SA 6 failed of adoption by the following vote:

Senator Rohrbach offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Substitute for House Bill No. 1603, Page 1, In the Title, Line 4, by striking the word "ten" in said line and inserting in lieu thereof the word "nine"; and

Further amend said Bill, Page 1, Section A, Line 3, by striking the word "ten" and inserting in lieu thereof the word "nine"; and

Further amend said Bill, Page 2, Section A, Line 4, by deleting "407.817," as it appears in said line; and

Further amend said Bill, Pages 2-3, Section 407.815(11), Lines 47-57, by striking all of said lines; and

Further amend said Bill, Pages 3-5, Section 407.817, Lines 1-86, by striking all of said lines.

Senator Rohrbach moved that the above amendment be adopted.

Senator Jacob requested a roll call vote be taken on the adoption of SA 7 and was joined in his request by Senators Childers, Howard, Steelman and Westfall.

SA 7 failed of adoption by the following vote:

Senator Wiggins assumed the Chair.

At the request of Senator Jacob, HS for HB 1603, with SCS, as amended (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 944, as amended: Representatives Smith, Davis 122, Hollingsworth, McClelland, Patek.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HCS for HB 1434 and has again taken up and passed HCS for HB 1434, as amended.

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 1142, as amended, and has taken up and passed CCS for SCS for HCS for HB 1142.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SRB 1001.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SRB 1002.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HB 1452 and has again taken up and passed SS for SCS for HB 1452.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House of Representatives has adopted the Emergency Clause on CCS for SCS for HS for HCS for HB 1742.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 1948 and requests the Senate to recede from its position, or failing to do so, grant the House a conference thereon.

President Pro Tem Quick assumed the Chair.

REFERRALS

President Pro Tem Quick referred HS for HCS for HB 1305, with SCS; and HCR 22 to the Committee on State Budget Control.

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 were referred HS for HCS for HBs 1215 and 1240, with SCS; HS for HCS for HB 1481; HS for HCS for HB 1762, with SCS; HS for HCS for HB 1797, with SCA 1; HS for HCS for HBs 1677, 1675 and 1676, with SCS; HS for HB 1615, with SCS; and HB 1443, with SCS, begs leave to report that it has considered the same and recommends that the bills do pass.

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

Mr. President: Your Committee on Local Government and Economic Development, to which were referred HB 1499 and HB 1579, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 HB 1946, begs leave to report that it has considered the same and recommends that the bill do pass.

On motion of Senator DePasco, the Senate adjourned until 9:30 a.m., Monday, May 8, 2000.

SENATE CALENDAR

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SIXTY-NINTH DAY-MONDAY, MAY 8, 2000

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FORMAL CALENDAR

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

INFORMAL CALENDAR

SENATE BILLS FOR PERFECTION

HOUSE BILLS ON THIRD READING

CONSENT CALENDAR

Senate Bills

Reported 2/15

SB 740-Wiggins

House Bills

Reported 4/11

HB 1085-Selby (Stoll)

Reported 4/13

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES

In Conference

Requests to Recede or Grant Conference

RESOLUTIONS