Journal of the Senate

SECOND REGULAR SESSION


SIXTY-SIXTH DAY--MONDAY, MAY 6, 2002


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Let us not love in word or in speech, but in deed and in truth." (I John 3:18)

We ask O Lord, as we begin this new week that will certainly be filled with pressures and decisions called forth, that we may never fail to show our appreciation for those who do so much to help us get through each week. Let us show in loving words and actions how much they mean to us and treat them accordingly. 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 for Friday, May 3, 2002, 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 Caskey Cauthorn
Childers Coleman Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senator DePasco--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 1676, regarding Corrections Officer II Odell L. Henry, Jefferson City, which was adopted.

Senator Gibbons offered Senate Resolution No. 1677, regarding Dr. Richard Burns, Ph.D., St. Louis, which was adopted.

Senator Gibbons offered Senate Resolution No. 1678, regarding Sarah McCarthy, which was adopted.

Senator Stoll offered Senate Resolution No. 1679, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gene Cooper, Crystal City, which was adopted.

Senator Stoll offered Senate Resolution No. 1680, regarding the University of Missouri Outreach and Extension Programs and Personnel, which was adopted.

Senator Rohrbach offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1681

WHEREAS, upon occasion the members of the Missouri Senate pause to applaud the hard work, dedication, and faithful service of the many fine individuals who continually give of themselves in proud, tireless fashion as a means of performing their multi-faceted duties and responsibilities as government employees; and

WHEREAS, Public Service Recognition Week is being observed this year from Monday, May 6, to Sunday, May 12, 2002, in accordance with a well-established schedule of tradition that has been followed since 1985; and

WHEREAS, the primary purpose of Public Service Recognition Week is to set aside a formal period of time during which citizens can be better informed about the vast array of important services so ably and so willingly provided by government employees at the federal, state, county, and local levels; and

WHEREAS, all state employees strive daily on an individual basis to achieve excellent results in the various tasks that have been assigned to them, to increase the degree of satisfaction of those who are being served, and to reduce the cost of government by helping citizens get more for their tax dollar; and

WHEREAS, those individuals who work for the state of Missouri are known, admired, and respected for the remarkable competence and exceptional talent that they have contributed to the betterment of our government through rigorous training and years of experience so vital and valuable to effective and efficient operation; and

WHEREAS, Missouri governmental employees put forth tremendous effort to ensure excellence on the job at all levels of service in the Executive, Legislative, and Judicial Branches; the Office of Administration; and the state Departments of Agriculture, Conservation, Corrections, Economic Development, Elementary and Secondary Education, Health and Senior Services, Higher Education, Insurance, Labor and Industrial Relations, Mental Health, Natural Resources, Public Safety, Revenue, Social Services, and Transportation:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, join unanimously in a thunderous round of applause as a token of our deep gratitude for the loyalty, ability, and commitment demonstrated by the countless state employees who so often go above and beyond the call of duty in an earnest endeavor to accomplish their tasks by consistently rising to the challenge day after day, week after week, month after month, and year after year; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution to acknowledge with sincere appreciation the invaluable public service of all Missouri state employees.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1682

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Robert J. "Bob" Mohart, of Kansas City; and

WHEREAS a lifelong resident of Kansas City, Bob was born there October 2, 1946, and during his outstanding and most productive life became a long time highly respected public servant; and

WHEREAS, Bob Mohart graduated from Rockhurst High School and Rockhurst college and received his Masters Degree in Public Administration from the University of Missouri at Kansas City; and

WHEREAS, Bob began his career with the City of Kansas City while still in college and began his professional career with the City in 1971, rising through the ranks until 1994 when he was promoted to Director of Neighborhood and Community Services, a position he held with great distinction until his death; and

WHEREAS, Bob was most of all a devoted husband and father in whose heart and love his family always came first:

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate pause in their deliberations to salute the memory of Robert J. "Bob" Mohart, express their appreciation for his lifetime of good citizenship and his outstanding contributions to Kansas City and to Missouri; and extend to his wife, Mrs. Cheryl A. (Meiners) Mohart, his family and many friends most sincere sympathy on his death; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mrs. Cheryl A. Mohart; children, Chris Mohart, Molly Mohart and Pat Mohart; Mayor Kay Barnes; City Manager Bob Collins; Rockhurst High School; and Rockhurst University.

CONCURRENT RESOLUTIONS

Senator Singleton offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 75

WHEREAS, Cinco de Mayo is a date of great importance for the Mexican and Chicano communities as it marks the victory of the Mexican Army over the French at the Battle of Puebla; and

WHEREAS, the victory demonstrated to Mexican citizens that they could repel superior fighting power, instilled national pride, improved the international stature of Mexican President Juarez, and discouraged further American and European invasions of Mexico and Latin America; and

WHEREAS, the day is observed by Mexican-Americans in Missouri and throughout the nation as a celebration of cultural pride and a show of respect for the rights of people everywhere to enjoy in the fruits of self determination:

NOW, THEREFORE, BE IT RESOLVED that the members of the Senate of the Ninety-first General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby designate the month of May as "Hispanic Cultural Month" and urge the Governor to issue a proclamation calling upon the people of the State of Missouri to observe this month with appropriate programs, ceremonies and activities; and

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

HOUSE BILLS ON THIRD READING

HB 1781, introduced by Representatives Green (73) and Ladd Baker, entitled:

An Act to repeal section 198.439, RSMo, and to enact in lieu thereof one new section relating to the nursing facility reimbursement allowance.

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

On motion of Senator Russell, HB 1781 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Dougherty
Foster Gibbons Goode Gross
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Mathewson Russell Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--26
NAYS--Senators--None
Absent--Senators
Bland Childers House Quick
Rohrbach Schneider--6
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

Senator Foster moved that HB 2080, with SCS (pending), be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HB 2080 was again taken up.

Senator Foster moved that SCS for HB 2080 be adopted, which motion prevailed.

On motion of Senator Foster, SCS for HB 2080 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Goode
Gross House Jacob Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Rohrbach
Russell Sims Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Bland Quick Schneider Singleton--4
Absent with leave--Senators
Coleman DePasco--2


The President declared the bill passed.

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

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

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

HB 1674, introduced by Representatives O'Toole and Dempsey, entitled:

An Act to repeal section 105.661, RSMo, and to enact in lieu thereof one new section relating to public retirement plans.

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

On motion of Senator Stoll, HB 1674 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Goode
Gross House Jacob Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Rohrbach
Russell Schneider Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Quick--2
Absent with leave--Senators
Coleman DePasco--2

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

HB 1890, with SCS, introduced by Representative Hilgemann, et al, entitled:

An Act to repeal sections 32.087 and 144.190, RSMo, and to enact in lieu thereof three new sections relating to the sales tax and refund procedures related to mobile telecommunications services, with an effective date.

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

SCS for HB 1890, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1890

An Act to repeal sections 32.087 and 144.190, RSMo, and to enact in lieu thereof three new sections relating to the sales tax and refund procedures related to mobile telecommunications services, with an emergency clause.

Was taken up.

Senator Gross moved that SCS for HB 1890 be adopted.

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

Senator Gross offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1890, Page 6, Section 144.190, Line 11, by striking the numeral "144.510" and inserting in lieu thereof the numeral "144.525"; and further amend line 28, by striking the following: "92 and" and inserting in lieu thereof the following: "70, 92,"; and further amend line 29, by inserting immediately after the numeral "94" the following: "162, 190, 238, 321, and 644,"; and

Further amend said bill, Page 7, Section 144.190, Lines 32-33, by striking "as defined by subdivision (5) of subsection 1 of section 144.010,"; and further amend line 38, by striking all of said line and inserting in lieu thereof the following: "section 144.013;".

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

Senator Gross moved that SCS for HB 1890, as amended, be adopted, which motion prevailed.

On motion of Senator Gross, SCS for HB 1890, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Goode
Gross House Jacob Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Rohrbach
Russell Schneider Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Quick--2
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Gross
House Jacob Johnson Kennedy
Kenney Kinder Klarich Klindt
Loudon Rohrbach Russell Schneider
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Bland Goode Mathewson Quick--4
Absent with leave--Senators
Coleman DePasco--2

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

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

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

HB 1518, introduced by Representative Luetkenhaus, entitled:

An Act to repeal section 376.307, RSMo, and to enact in lieu thereof one new section relating to life insurance company investments.

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

On motion of Senator Rohrbach, HB 1518 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Goode
Gross House Johnson Kennedy
Kenney Kinder Klarich Klindt
Loudon Mathewson Quick Rohrbach
Russell Schneider Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Bland Jacob--2
Absent with leave--Senators
Coleman DePasco--2

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Dougherty moved that SB 695, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 695, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 695

An Act to repeal section 210.170, RSMo, and to enact in lieu thereof one new section relating to the children's trust fund board.

Was taken up.

Senator Dougherty moved that HCS for SB 695 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Coleman Dougherty Foster Gibbons
Goode Gross House Johnson
Kennedy Kenney Klarich Klindt
Loudon Rohrbach Russell Schneider
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Bland Jacob Kinder Mathewson
Quick--5
Absent with leave--Senator DePasco--1

On motion of Senator Dougherty, HCS for SB 695 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Coleman
Dougherty Foster Gibbons Gross
House Johnson Kennedy Kenney
Klarich Klindt Loudon Rohrbach
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Bland Childers Goode Jacob
Kinder Mathewson Quick Russell--8
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Singleton moved that SB 714, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 714, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 714

An Act to repeal section 190.500, RSMo, relating to the declaration of a state public health emergency, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Singleton moved that HCS for SB 714 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Gross
House Johnson Kennedy Kenney
Klarich Klindt Loudon Rohrbach
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Bland Coleman Goode Jacob
Kinder Mathewson Quick Russell--8
Absent with leave--Senator DePasco--1

On motion of Senator Singleton, HCS for SB 714 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Gross
House Johnson Kennedy Kenney
Klarich Klindt Loudon Rohrbach
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Bland Coleman Goode Jacob
Kinder Mathewson Quick Russell--8
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Cauthorn moved that SCS for SB 737, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 737, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 737

An Act to amend chapter 301, RSMo, by adding thereto one new section relating to license plates.

Was taken up.

Senator Cauthorn moved that HCS for SCS for SB 737 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Gross
House Johnson Kennedy Kenney
Klarich Klindt Loudon Rohrbach
Schneider Sims Staples Steelman
Stoll Westfall Wiggins Yeckel--24
NAYS--Senators--None
Absent--Senators
Bland Coleman Goode Jacob
Kinder Mathewson Quick Russell
Singleton--9
Absent with leave--Senator DePasco--1

On motion of Senator Cauthorn, HCS for SCS for SB 737 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Gross
House Johnson Kennedy Kenney
Klarich Klindt Loudon Rohrbach
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Bland Coleman Goode Jacob
Kinder Mathewson Quick Russell--8
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Bentley moved that the Senate refuse to concur in HCS for SB 758 and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator House moved that SCS for SB 776, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 776, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 776

An Act to repeal section 166.415, RSMo, and to enact in lieu thereof two new sections relating to the Missouri higher education savings program.

Was taken up.

Senator House moved that HCS for SCS for SB 776 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Gross
House Johnson Kennedy Kenney
Klarich Klindt Loudon Rohrbach
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Bland Coleman Goode Jacob
Kinder Mathewson Quick Russell--8
Absent with leave--Senator DePasco--1

On motion of Senator House, HCS for SCS for SB 776 was read the 3rd time and passed by the following vote:



YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Gross
House Johnson Kennedy Kenney
Klarich Klindt Loudon Rohrbach
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Bland Coleman Goode Jacob
Kinder Mathewson Quick Russell--8
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Schneider moved that SB 795, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 795, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 795

An Act to amend chapter 650, RSMo, by adding thereto nine new sections relating to emergency communication systems.

Was taken up.

Senator Schneider moved that HCS for SB 795 be adopted.

At the request of Senator Schneider, the motion to adopt HCS for SB 795 was withdrawn.

Senator Schneider moved that the Senate refuse to concur in HCS for SB 795 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Klarich moved that SB 932, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 932, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 932

An Act to repeal sections 250.140 and 535.081, RSMo, and to enact in lieu thereof two new sections relating to notice provisions.

Was taken up.

Senator Klarich moved that HCS for SB 932 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Cauthorn Childers
Dougherty Foster Gibbons Gross
House Johnson Kennedy Kenney
Klarich Klindt Loudon Rohrbach
Schneider Sims Steelman Stoll
Westfall Wiggins Yeckel--23
NAYS--Senators--None
Absent--Senators
Bland Coleman Goode Jacob
Kinder Mathewson Quick Russell
Singleton Staples--10
Absent with leave--Senator DePasco--1

On motion of Senator Klarich, HCS for SB 932 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Dougherty Foster Gibbons Gross
House Johnson Kennedy Klarich
Klindt Loudon Rohrbach Schneider
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--24
NAYS--Senators--None
Absent--Senators
Cauthorn Coleman Goode Jacob
Kenney Kinder Mathewson Quick
Russell--9
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Klindt moved that SCS for SB 947, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 947, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 947

An Act to repeal sections 178.870, 360.106, 360.111, and 360.112, RSMo, and to enact in lieu thereof five new sections relating to public community colleges.

Was taken up.

Senator Klindt moved that HCS for SCS for SB 947 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Johnson
Kennedy Kenney Klarich Klindt
Loudon Rohrbach Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Coleman Jacob Kinder Mathewson
Quick Russell Schneider Staples--8
Absent with leave--Senator DePasco--1

Senator Childers assumed the Chair.

On motion of Senator Klindt, HCS for SCS for SB 947 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross Johnson Kennedy
Kenney Klarich Klindt Loudon
Singleton Steelman Stoll Westfall
Wiggins Yeckel--22
NAYS--Senators--None
Absent--Senators
Coleman House Jacob Kinder
Mathewson Quick Rohrbach Russell
Schneider Sims Staples--11
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Goode moved that SB 749, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 749, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 749

An Act to repeal sections 21.250 and 116.050, RSMo, relating to powers of the general assembly, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Goode moved that HCS for SB 749 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Johnson
Kennedy Kenney Klarich Klindt
Loudon Rohrbach Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Coleman Jacob Kinder Mathewson
Quick Russell Schneider Sims--8
Absent with leave--Senator DePasco--1

On motion of Senator Goode, HCS for SB 749 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Johnson
Kennedy Kenney Klindt Loudon
Rohrbach Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators--None
Absent--Senators
Coleman Jacob Kinder Klarich
Mathewson Quick Russell Schneider--8
Absent with leave--Senator DePasco--1

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

Bill ordered enrolled.

Senator Goode moved that SB 786, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 786, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 786

An Act to amend chapter 327, RSMo, by adding thereto one new section relating to the licensing of architects and engineers.

Was taken up.

Senator Goode moved that HCS for SB 786 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Rohrbach Schneider
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Coleman Jacob Mathewson Quick
Russell--5
Absent with leave--Senator DePasco--1

On motion of Senator Goode, HCS for SB 786 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Rohrbach Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Coleman Jacob Mathewson Quick--4
Absent with leave--Senator DePasco--1

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

Bill ordered enrolled.

Senator Gibbons moved that SB 950, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 950, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 950

An Act to amend chapter 227, RSMo, by adding thereto one new section relating to the designation of the Henry Shaw Ozark Corridor.

Was taken up.

Senator Gibbons moved that HCS for SB 950 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Rohrbach Russell
Schneider Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Coleman Jacob Mathewson Quick--4
Absent with leave--Senator DePasco--1

On motion of Senator Gibbons, HCS for SB 950 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Russell
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Coleman Jacob Quick Rohrbach
Schneider--5
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Loudon moved that SCS for SB 957, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 957, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 957

An Act to repeal section 301.131, RSMo, and to enact in lieu thereof three new sections relating to license plates, with penalty provisions.

Was taken up.

Senator Loudon moved that HCS for SCS for SB 957 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Coleman Schneider--2
Absent with leave--Senator DePasco--1

On motion of Senator Loudon, HCS for SCS for SB 957 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kennedy Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Coleman Kenney Schneider--3
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Wiggins moved that SB 961, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 961, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 961

An Act to repeal sections 86.370, 86.398, 86.447, 86.600, 86.671, and 86.745, RSMo, and to enact in lieu thereof eight new sections relating to police retirement systems.

Was taken up.

Senator Wiggins moved that HCS for SB 961 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kennedy Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Coleman Kenney Schneider--3
Absent with leave--Senator DePasco--1

On motion of Senator Wiggins, HCS for SB 961 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kennedy Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Coleman Kenney Schneider--3
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Wiggins moved that SB 962, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 962, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 962

An Act to repeal section 115.507, RSMo, and to enact in lieu thereof one new section relating to the certification of election results.

Was taken up.

Senator Wiggins moved that HCS for SB 962 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bland Caskey Cauthorn Childers
Coleman Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kennedy Kinder Klarich
Klindt Loudon Mathewson Rohrbach
Russell Sims Singleton Staples
Steelman Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Bentley Kenney Quick Schneider
Stoll--5
Absent with leave--Senator DePasco--1

On motion of Senator Wiggins, HCS for SB 962 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Cauthorn Childers Coleman
Dougherty Foster Gibbons Goode
Gross House Jacob Johnson
Kennedy Kinder Klarich Klindt
Loudon Mathewson Quick Rohrbach
Russell Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Bentley Bland Kenney Schneider--4
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Singleton moved that the Senate refuse to concur in HCS for SCS for SB 980 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Johnson moved that SB 992, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 992, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 992

An Act to repeal section 447.721, RSMo, and to enact in lieu thereof two new sections relating to property development.

Was taken up.

Senator Johnson moved that HCS for SB 992 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Quick Russell Schneider Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senator Rohrbach--1
Absent--Senator Mathewson--1
Absent with leave--Senator DePasco--1

On motion of Senator Johnson, HCS for SB 992 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Loudon
Quick Russell Schneider Sims
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senator Rohrbach--1
Absent--Senators
Mathewson Singleton--2
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

Bill ordered enrolled.

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

SENATE BILLS FOR PERFECTION

Senator Russell moved that SB 1281 be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Westfall assumed the Chair.

Senator Childers assumed the Chair.

Senator Staples requested a roll call vote be taken on the perfection of SB 1281 and was joined in his request by Senators Jacob, Kinder, Stoll and Wiggins.

SB 1281 was declared perfected and ordered printed by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kennedy Kenney
Kinder Klarich Klindt Mathewson
Quick Rohrbach Russell Schneider
Sims Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators
Loudon Singleton--2
Absent--Senators--None
Absent with leave--Senator DePasco--1

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 grant the Senate further conference on HCS for HB 1711 as amended and request the Senate adopt the Conference Committee Report on HCS for HB 1711 and take up and truly agree to and finally pass CCS for HCS for HB 1711.

CONFERENCE COMMITTEE REPORTS

Senator Jacob, on behalf of the conference committee appointed to act with a like committee from the House on HCS for HB 1711, as amended, moved that the following conference committee report be taken up, which motion prevailed.

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR



HOUSE BILL NO. 1711

The Conference Committee appointed on House Committee Substitute for House Bill No. 1711, with Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 4, Senate Amendment No. 5, Senate Amendment No. 6, Senate Amendment No. 7, Senate Amendment No. 8, and Senate Amendment No. 11, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on House Committee Substitute for House Bill No. 1711, as amended;

2. That the House recede from its position on House Committee Substitute for House Bill No. 1711;

3. That the attached Conference Committee Substitute for House Committee Substitute for House Bill No. 1711, be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Ken Jacob /s/ Chuck Graham
/s/ Harold Caskey /s/ Dick Franklin
/s/ Roseann Bentley /s/ D. J. Davis
/s/ Betty Sims /s/ Kathlyn Fares
Bill Kenney /s/ Charlie Shields

Senator Gibbons assumed the Chair.

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

Senator Loudon assumed the Chair.

President Maxwell assumed the Chair.

Senator Westfall offered a substitute motion that the Senate refuse to adopt the Conference Committee Report on HCS for HB 1711, as amended, and request the House to grant further conference thereon.

Senator Westfall requested a roll call vote be taken on his motion and was joined in his request by Senators Childers, Gibbons, Rohrbach and Yeckel.

The substitute motion was defeated by the following vote:

YEAS--Senators
Cauthorn Childers Foster Gibbons
Goode Kinder Klarich Klindt
Loudon Rohrbach Russell Schneider
Singleton Steelman Westfall Yeckel--16
NAYS--Senators
Bentley Bland Caskey Coleman
Dougherty Gross House Jacob
Johnson Kennedy Kenney Mathewson
Quick Sims Staples Stoll
Wiggins--17
Absent--Senators--None
Absent with leave--Senator DePasco--1

Senator Jacob moved that the Conference Committee Report on HCS for HB 1711, as amended, be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Coleman
Dougherty Goode Gross House
Jacob Johnson Kennedy Kenney
Mathewson Quick Schneider Sims
Staples Stoll Wiggins--19
NAYS--Senators
Cauthorn Childers Foster Gibbons
Kinder Klarich Klindt Loudon
Rohrbach Russell Singleton Steelman
Westfall Yeckel--14
Absent--Senators--None
Absent with leave--Senator DePasco--1

On motion of Senator Jacob, CCS for HCS for HB 1711, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1711

An Act to repeal sections 108.140, 160.011, 160.051, 160.518, 160.530, 161.092, 163.011, 163.036, 166.260, and 168.400, RSMo, and to enact in lieu thereof fourteen new sections relating to state school aid, with an emergency clause.

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

YEAS--Senators
Bentley Bland Caskey Cauthorn
Coleman Dougherty Gross House
Jacob Johnson Kennedy Kenney
Klindt Mathewson Quick Sims
Staples Stoll Wiggins--19
NAYS--Senators
Childers Foster Gibbons Goode
Kinder Klarich Loudon Rohrbach
Russell Schneider Singleton Steelman
Westfall Yeckel--14
Absent--Senators--None
Absent with leave--Senator DePasco--1

The President declared the bill passed.

The emergency clause failed to receive the necessary two-thirds majority by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Coleman Dougherty Gross House
Jacob Johnson Kennedy Kenney
Klindt Mathewson Quick Schneider
Sims Staples Steelman Stoll
Wiggins--21
NAYS--Senators
Childers Foster Gibbons Goode
Kinder Klarich Loudon Rohrbach
Russell Singleton Westfall Yeckel--12
Absent--Senators--None
Absent with leave--Senator DePasco--1

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

HOUSE BILLS ON SECOND READING

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

HB 1460--Education.

HCS for HB 1695--Insurance and Housing.

HS for HCS for HBs 1729, 1589 and 1435--Civil and Criminal Jurisprudence.

HCS for HJR 51--Agriculture, Conservation, Parks and Tourism.

HB 1726--Education.

REFERRALS

President Pro Tem Kinder referred HB 1489 and HB 1850, with SCS; HS for HCS for HB 1962, with SCS; HS for HCS for HBs 1461 and 1470, with SCS; HB 1748; HCS for HBs 1150, 1237 and 1327, with SCS; HB 1508, with SCS; and HCS for HB 1898, with SCS, to the Committee on State Budget Control.

REPORTS OF STANDING COMMITTEES

Senator Kenney, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SB 1281, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

On behalf of Senator Foster, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, Senator Kenney submitted the following report:

Mr. President: Your Committee on Agri-culture, Conservation, Parks and Tourism, to which was referred HB 1988, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Gibbons, Chairman of the Committee on Ways and Means, Senator Kenney submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred HS for HCS for HB 1906, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On behalf of Senator Klarich, Chairman of the Committee on Judiciary, Senator Kenney submitted the following report:

Mr. President: Your Committee on Judiciary, to which was referred HS for HCS for HB 1756, begs leave to report that it has considered the same and recommends that the bill 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 refuses to recede from its position on HS for HCS for SS for SB 1248, 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 Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SS for SB 1248, as amended. Representatives: Foley, Kreider, Graham, Hanaway, Cooper.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 1313 and requests the Senate to recede from its position and 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 adopted SCS for HB 1849 and has taken up and passed SCS for HB 1849.

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 2022 and has taken up and passed SCS for HB 2022.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 2047 and has taken up and passed SCS for HB 2047.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1964 and has taken up and passed SCS for HB 1964.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1477 and has taken up and passed SCS for HB 1477.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1548 and has taken up and passed SCS for HB 1548.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1078 and has taken up and passed SCS for HB 1078.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1937 and has taken up and passed HB 1937, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1783 and has taken up and passed SCS for HB 1783.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1921 and has taken up and passed SCS for HB 1921.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1492 and has taken up and passed SCS for HB 1492.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1495 and has taken up and passed SCS for HB 1495.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1265 and has taken up and passed SCS for HB 1265.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1776 and has taken up and passed SCS for HB 1776.

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 SB 895, entitled:

An Act to repeal sections 30.260, 139.235, 143.081, 148.020, 148.610, 301.560, 301.600, 301.610, 301.620, 301.630, 301.640, 301.660, 306.400, 306.405, 306.410, 306.420, 306.430, 351.120, 351.140, 351.145, 351.150, 351.155, 355.856, 356.211, 361.700, 362.020, 362.106, 362.117, 362.170, 362.245, 362.270, 362.275, 362.335, 365.100, 367.518, 400.9-102, 400.9-109, 400.9-303, 400.9-317, 400.9-323, 400.9-406, 400.9-407, 400.9-408, 400.9-409, 400.9-504, 400.9-509, 400.9-513, 400.9-525, 400.9-602, 400.9-608, 400.9-611, 400.9-613, 400.9-615, 400.9-625, 400.9-710, 407.432, 408.140, 408.510, 408.556, 408.557, 409.204, 409.402, 417.210, 454.516, 525.070, 570.130, 575.060, 700.350, 700.355, 700.360, 700.365, 700.370, and 700.380, RSMo, sections 375.018 and 375.065 as enacted by house committee substitute for senate substitute for senate bill no. 193, ninety-first general assembly, first regular session, section 375.018 as enacted by conference committee substitute for senate committee substitute for house committee substitute for house bill no. 709, eighty-seventh general assembly, first regular session, and section 375.065 as enacted by conference committee substitute for house substitute for house committee substitute for senate bill no. 896, ninetieth general assembly, second regular session, and to enact in lieu thereof seventy-eight new sections relating to financial services, with penalty provisions and an effective date for certain sections.

With House Amendment No. 2.

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Bill No. 895, by inserting at the appropriate location the following section:

"454.507. 1. In addition to the authority of the division to request information pursuant to section 454.440, the division may request information from financial institutions pursuant to this section.

2. As used in this section:

(1) "Account" includes a demand deposit, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account;

(2) "Encumbered assets", the noncustodial parent's interest in an account which is encumbered by a lien arising by operation of law or otherwise;

(3) "Financial institution" includes:

(a) A depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(c));

(b) An institution affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(u));

(c) Any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. section 1752), including an institution affiliated party of such a credit union as defined in section 206(r) of the Federal Credit Union Act (12 U.S.C. section 1786(r)); or

(d) Any benefit association, insurance company, safe deposit company, money market fund or similar entity authorized to do business in the state.

3. The division shall enter into agreements with financial institutions to develop and operate a data match system which uses automated exchanges to the maximum extent feasible. Such agreements shall require the financial institution, to provide to the division, for each calendar quarter, the name, record address, Social Security number or other taxpayer identification number, and other identifying information of each noncustodial parent who maintains an account at such institution and who owes past due support, as identified by the division by name and Social Security number or other taxpayer identification number. The financial institution shall only provide such information stated in this subsection that is readily available through existing data systems, and as such data systems are enhanced, solely at the financial institution's discretion and for its business purposes, the financial institution shall provide any original and additional information which becomes readily available for any new data match request.

4. The division shall pay a reasonable fee to the financial institution for conducting the data match pursuant to this section, but such amount shall not exceed the costs incurred by the financial institution.

5. The division [of] or a IV-D agency may issue liens against any account in a financial institution and may release such liens.

6. (1) If a notice of lien is received from the division or a IV-D agency, the financial institutions shall immediately encumber the assets held by such institution on behalf of any noncustodial parent who is subject to such lien. However, if the account is in the name of a noncustodial parent and such parent's spouse or parent, the financial institution at its discretion may not encumber the assets and when it elects not to encumber such assets, shall so notify the division or IV-D agency. The amount of assets to be encumbered shall be stated in the notice and shall not exceed the amount of unpaid support due at the time of issuance. [The financial institution shall, within five business days of receipt of such notice, mail a copy of the notice of lien to the noncustodial parent and any other person named on the account at the address shown in the records of the financial institution.] The financial institution shall, within five business days of receipt of a notice of lien, notify the division or IV-D agency of the financial institution's response to the notice of lien.

(2) Within five business days of notification by the financial institution that assets have been encumbered, the division or IV-D agency shall notify by mail the noncustodial parent of the issuance of the lien and the reasons for such issuance. The notice shall advise the noncustodial parent of the procedures to contest such lien pursuant to section 454.475 by requesting a hearing within thirty days from the date the notice was mailed by the division to the noncustodial parent.

7. (1) Except as provided in subsection 6 of this section, the interest of the noncustodial parent shall be presumed equal to all other joint owners, unless at least one of the joint owners provides the division or IV-D agency with a true copy of a written agreement entered prior to the date of issuance of notice of lien, or other clear and convincing evidence regarding the various ownership interests of the joint owners within twenty days of the financial institution's mailing of the notice of lien. The financial institution shall only encumber the amount presumed to belong to the noncustodial parent. The division or IV-D agency may proceed to issue an order for the amount in the account presumed to belong to the noncustodial parent if no prior written agreement or other evidence is provided.

(2) If a prior written agreement or other clear and convincing evidence is furnished to the division, and based on such agreement or evidence the division or IV-D agency determines that the interest of the noncustodial parent is less than the presumed amount, the division or IV-D agency shall amend the lien to reflect the amount in the account belonging to the noncustodial parent or shall release the lien if the noncustodial parent has no interest in the account. In no event shall the division or IV-D agency obtain more than the presumed amount of the account without a judicial determination that a greater amount of the account belongs to the noncustodial parent. The division or IV-D agency may by levy and execution on a judgment in a court of competent jurisdiction seek to obtain an amount greater than the amount presumed to belong to the noncustodial parent upon proof that the noncustodial parent's interest is greater than the amount presumed pursuant to this subsection.

(3) For purposes of this subsection, accounts are not joint accounts when the noncustodial parent has no legal right to the funds, but is either a contingent owner or agent. Such nonjoint accounts shall include, but are not limited to, a pay-on-death account or any other account in which the noncustodial parent owner may act as agent by a power of attorney or otherwise. Furthermore, when any account naming the noncustodial parent has not been disclosed to the noncustodial parent which is evidenced by a signature card or other deposit agreement not containing the signature of such noncustodial parent, then for the purposes of this subsection, such account shall not be treated as a joint account.

(4) Notwithstanding any other provision of this section, a financial institution shall not encumber any account of less than one hundred dollars.

8. Upon service of an order to surrender issued pursuant to this section, any financial institution in possession of a jointly owned account may interplead such property as otherwise provided by law.

9. Any other joint owner may petition a court of competent jurisdiction for a determination that the interests of the joint owners are disproportionate. The party filing the petition shall have the burden of proof on such a claim. If subject to the jurisdiction of the court, all persons owning affected accounts with a noncustodial parent shall be made parties to any proceeding to determine the respective interests of the joint owners. The court shall enter an appropriate order determining the various interests of each of the joint owners and authorizing payment against the obligor's share for satisfaction of the child support or maintenance obligation.

10. The court may assess costs and reasonable attorney's fees against the noncustodial parent if the court determines that the noncustodial parent has an interest in the affected joint account.

11. The division may order the financial institution to surrender all or part of the encumbered assets. The order shall not issue until sixty days after the notice of lien is sent to the financial institution. The financial institution shall, within seven days of receipt of the order, pay the encumbered amount as directed in the order to surrender. If the noncustodial parent contests a lien pursuant to subdivision (2) of subsection 6 of this section and a hearing is pending, the bank shall retain the surrendered funds in escrow pending the hearing determination.

12. A financial institution shall not be liable pursuant to any state or federal law, including 42 U.S.C. section 669A, to any person for:

(1) Any disclosure of information to the division pursuant to this section;

(2) Encumbering or surrendering any assets held by the financial institution in response to a lien or order pursuant to this section and notwithstanding any other provisions in this section to the contrary, encumbering or surrendering assets from any account in the financial institution connected in any way to the noncustodial parent; or

(3) Any other action taken in good faith to comply with the requirements of this section.

13. A financial institution that fails without due cause to comply with a notice of lien or order to surrender issued pursuant to this section shall be liable for the amount of the encumbered assets and the division may bring an action against the financial institution in circuit court for such amount. For purposes of this subsection, "due cause" shall include, but not be limited to, when a financial institution demonstrates to a court of competent jurisdiction that the institution established in good faith a routine to comply with the requirements of this section and that one or more transactions to enforce the lien or order to surrender were not completed due to an accidental error, a misplaced computer entry, or other accidental human or mechanical problems."; and

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

In which the concurrence of the Senate is respectfully requested.

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 1868, entitled:

An Act to amend chapter 67, RSMo, by adding thereto thirty-nine new sections relating to the creation of a regional taxicab commission.

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 SS for SCS for SB 884.

Bill ordered enrolled.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on HS for HCS for SS for SB 1248, as amended: Senators Mathewson, Quick, Gross, Klarich and Gibbons.

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 1109. Representatives Green (73), Kelly (27), Wilson (42), Bearden, Legan.

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 1110. Representatives Green (73), Wilson (25), Campbell, Bearden, Shields.

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 1111, as amended. Representatives Green (73), Troupe, Campbell, Bearden, Naeger.

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 1112. Representatives: Green (73), Bonner, Merideth, Bearden, Legan.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SCS for SB 1070, entitled:

An Act to repeal sections 43.540, 547.170, 589.400, and 589.410, RSMo, and to enact in lieu thereof four new sections relating to protection of children, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SCS for SB 1009, entitled:

An Act to repeal sections 375.330, 375.345, 376.307, 376.311, 376.671, 376.951, 376.952, 376.955, 376.957, and 379.080 RSMo, and to enact in lieu thereof fourteen new sections relating to investments by insurance companies.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 729.

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 SB 812.

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 SB 865.

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 SCS for SB 918.

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 SB 1109.

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 SCS for SB 1207.

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 SCS for SB 1151.

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 SCS for SB 874.

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 SCS for SB 1182.

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 SCS for SB 1024.

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 SB 976.

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 SB 644.

Bill ordered enrolled.

RESOLUTIONS

Senator Staples offered Senate Resolution

No.1683, regarding the 2001-2002 Winona High School Girls Volleyball Team, Winona, which was adopted.

Senator Staples offered Senate Resolution No. 1684, regarding Coach Francie McBride, Winona, which was adopted.

Senator Loudon offered Senate Resolution No. 1685, regarding Kyle G. Cranston, Ellisville, which was adopted.

Senator Stoll offered Senate Resolution No. 1686, regarding Roger Kaido, Arnold, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Rohrbach introduced to the Senate, Ron Baumgartner, Versailles.

Senator Russell introduced to the Senate, his wife, Margaret, Lebanon; their daughter, Melissa Montgomery, and her children, Makenzie and Audrey, Springfield; and Makenzie and Audrey were made honorary pages.

Senator Gibbons introduced to the Senate, Tom and Ellie Cribbin, and their children, Andrew and Joseph, Kirkwood; and Andrew and Joseph were made honorary pages.

Senator Staples introduced to the Senate, Carlos Welch and sixth grade students from Bunker.

Senator Kenney introduced to the Senate, Diane and Jim McIntosh, and their children, Shanda and Adison, Home Schoolers from Lee's Summit; and Shanda and Adison were made honorary pages.

On motion of Senator Kenney, the Senate adjourned until 9:30 a.m., Tuesday, May 7, 2002.





SENATE CALENDAR

______



SIXTY-SEVENTH DAY-TUESDAY, MAY 7, 2002

______



FORMAL CALENDAR



HOUSE BILLS ON SECOND READING



HS for HCS for HB 1868-

Barry





THIRD READING OF SENATE BILLS



SCS for SB 676-Yeckel, et al

(In Budget Control)

SS#2 for SCS for SBs 1279,

1162 & 1164-Kinder

(In Budget Control)



SB 1281-Russell and Goode



SENATE BILLS FOR PERFECTION



SB 652-Singleton and

Russell, with SCS



HOUSE BILLS ON THIRD READING



1. HB 1953-Van Zandt, et al,

with SCS (Singleton)

2. HB 1446-Luetkenhaus,

with SCS (Kenney)

3. HCS for HB 1888, with

SCS (Westfall)

4. HBs 1270 & 2032-Gratz,

with SCS (Westfall)

5. HB 1712-Monaco, et al,

with SCS (Klarich)

6. HS for HB 1994-Hosmer

(Bentley)

7. HCS for HB 1443, with

SCS (Gibbons)

8. HB 1041-Myers, with

SCS (Foster)

9. HB 1600-Treadway

(Mathewson)

10. HB 2008-O'Connor,

with SCS (Kenney)

11. HS for HCS for

HB 1532-Hoppe,

with SCS (Gross)

12. HB 1348-Myers, et al,

with SCS (Foster)

13. HB 1402-Burton, et al,

with SCS (Steelman)

14. HB 2023-Franklin,

with SCA 1 (Foster)

15. HB 1086-Harlan, with

SCS (House)

16. HB 1926-Fraser, et al (Quick)

17. HB 2078-Clayton (Rohrbach)

18. HS for HCS for HBs 1502 &

1821- Luetkenhaus, with

SCS (Rohrbach)

19. HB 1196-Barnett, et al,

with SCS (Westfall)

20. HBs 1489 & 1850-Britt,

with SCS (Steelman)

(In Budget Control)

21. HS for HCS for HB 1962-

Monaco, with SCS

(In Budget Control)

22. HCS for HB 1817, with

SCS (Bentley)

23. HB 1773-Shelton and

Carnahan, with SCS



24. HS for HCS for HBs 1461 &

1470-Seigfreid, with SCS (Yeckel)

(In Budget Control)

25. HB 1748-Ransdall

(Steelman)

(In Budget Control)

26. HCS for HBs 1150, 1237

& 1327, with SCS

(In Budget Control)

27. HS for HB 1455-

O'Toole, with SCS

28. HB 1508-Koller, with

SCS (Westfall)

(In Budget Control)

29. HCS for HBs 1344 &

1944, with SCS (Caskey)

30. HB 1679-Crump, with SCS

& point of order (Sims)

31. HCS for HB 1898, with

SCS (Goode)

(In Budget Control)

32. HCS for HB 1403, with SCS

33. HB 1988-Kelly (144)

34. HS for HCS for HB 1906-

Green (73), with SCS

(Kenney)

35. HS for HCS for

HB 1756-Reid



INFORMAL CALENDAR



THIRD READING OF SENATE BILLS



SCS for SB 954-Loudon



SENATE BILLS FOR PERFECTION



SBs 641 & 705-Russell, et al,

with SCS (pending)

SB 647-Goode, with SCS

(pending)

SB 651-Singleton and

Russell, with SCS (pending)

SB 659-House and Kenney,

with SS#2, SA 3 and

SSA 1 for SA 3 (pending)

SB 660-Westfall, et al,

with SCS (pending)

SB 668-Bentley, with SS &

SA 1 (pending)

SB 689-Gibbons, et al, with SCS

SB 696-Cauthorn, et al

SB 735-Steelman and

Kinder, with SCS

SBs 766, 1120 & 1121-

Steelman, with SCS

SB 832-Schneider, with SCS

SB 881-Steelman and

Yeckel, with SCS & SS

for SCS (pending)

SB 910-Gibbons

SB 912-Mathewson, with

SCS, SS for SCS & SA 4

(pending)

SB 926-Kenney, et al, with SCS

SB 938-Cauthorn, et al

SB 971-Klindt, et al, with SCS

SB 1010-Sims

SB 1035-Yeckel

SB 1040-Gibbons, et al, with SCS

SB 1046-Gross and House,

with SCS (pending)

SB 1052-Sims, with SCS,

SS for SCS, SA 1 &

SA 1 to SA 1 (pending)

SBs 1063 & 827-Rohrbach

and Kenney, with SCS, SS

for SCS & SA 3 (pending)

SB 1087-Gibbons, et al, with SCS

SB 1099-Childers, with SCS

SB 1100-Childers, et al,

with SS and SA 3 (pending)

SB 1103-Westfall, et al,

with SA 2 (pending)

SB 1105-Loudon

SB 1111-Quick, with SCS

SB 1133-Gross, with SCS

SB 1157-Klindt, with SCS

SB 1195-Steelman, et al

SB 1205-Yeckel

SB 1206-Bentley and Stoll

SJR 23-Singleton, with SS,

SA 1 & SSA 1 for SA 1 (pending)

CONSENT CALENDAR

Senate Bills



Reported 2/5



SB 995-Rohrbach

House Bills



Reported 4/15



HB 1955-Hilgemann, et al,

with SCS (pending) (Coleman)

HB 1811-Gambaro, with SCS

(pending) (Dougherty)

HB 1085-Mays (50) (Quick)

HB 1568-Luetkenhaus, with

SCS (Rohrbach)

HB 1381-Luetkenhaus, with

SCS (Rohrbach)

HB 1701-Luetkenhaus and

Ward, with SCS (Rohrbach)

HB 1468-Ward, with SCS

(Loudon)

HB 1473-Green (15), et al,

with SCS (House)

HB 1918-Koller, with SCS

(Staples)

HBs 1093, 1094, 1159, 1204, 1242,

1272, 1391, 1397, 1411, 1624,

1632, 1714, 1755, 1778, 1779, 1852,

1862, 2025 & 2123-Relford

and Seigfreid, with SCS

(Mathewson)



HBs 1141, 1400, 1645,

1745 & 2026-Naeger,

with SCS (Yeckel)

HBs 1205, 1214, 1314, 1320,

1504, 1788, 1867 & 1969-

Seigfreid and Relford, with

SCS (Mathewson)

HB 1075-Nordwald (House)

HB 2062-Hosmer, et al

(Westfall)

HB 1789-Ross, et al, with

SCS (Klarich)

HB 1643-Holand and Barry

(Singleton)



SENATE BILLS WITH HOUSE AMENDMENTS



SCS for SB 645-Mathewson,

with HCS

SB 895-Yeckel and Gross, with

HS for HCS, as amended

SCS for SB 960-Kenney,

et al, with HCS

SS for SCS for SB 1009-

Rohrbach, with HCS

SB 1012-Caskey, with HCS

SB 1041-Russell, with

HCAs 1, 2 & 3

SCS for SB 1070-Gibbons,

with HCS

SB 1078-Kennedy, with HCS

SCS for SB 1093-Loudon,

with HCS

SB 1094-Russell, with HCS

SB 1102-Westfall, with HCS

SCS for SB 1113-Caskey,

with HCS

SB 1119-Johnson, with HCS

SB 1168-Russell, with HCA 1

SB 1199-Foster, with HCA 1

SCS for SB 1202-Westfall,

with HCS

SCS for SB 1210-Johnson,

with HCS

SCS for SB 1212-Mathewson,

with HCS

SB 1213-Mathewson, with HCS

SB 1220-Sims, with HS, as

amended

SB 1244-Bland, et al, with HCS

SB 1251-Gibbons, with HCS

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



SS for SB 1248-Mathewson,

with HS for HCS, as amended

HCS for HB 1101, with SCS

(Russell)

HCS for HB 1102, with SCS,

as amended (Russell)

HCS for HB 1103, with SCS,

as amended (Russell)

HCS for HB 1104, with SCS,

as amended (Russell)

HCS for HB 1105, with SCS

(Russell)

HCS for HB 1106, with SCS

(Russell)



HCS for HB 1107, with SCS,

as amended (Russell)

HCS for HB 1108, with SCS

(Russell)

HCS for HB 1109, with SCS

(Russell)

HCS for HB 1110, with SCS

(Russell)

HCS for HB 1111, with SCS,

as amended (Russell)

HCS for HB 1112, with SCS

(Russell)

HB 2120-Ridgeway and Hosmer,

with SCS (Gibbons)



Requests to Recede or Grant Conference



SB 758-Bentley, with HCS

(Senate requests House

recede or grant conference)

SB 795-Schneider, with HCS

(Senate requests House

recede or grant conference)

SCS for SB 980-Singleton

and Schneider, with HCS

(Senate requests House

recede or grant conference)



SCS for SBs 1086 & 1126-

DePasco & Quick, with HCS

(Senate requests House

recede or grant conference)

HB 1313-Burton, with SCS

(Foster)

(House requests Senate

recede or grant conference)

RESOLUTIONS



SR 1026-Jacob, with SA 1

(pending)



SR 1602-Klarich, with SS

(pending)

To be Referred



SCR 75-Singleton



Reported from Committee



SCR 51-Mathewson and

Yeckel, with SCA 1

SCR 60-Kennedy, with SCS

(pending)

SCR 57-Steelman, with SCS

& SS for SCS (pending)

HCR 13-Bowman, et al

(Caskey)



HCR 24-Kreider (Westfall)

SCR 69-Schneider, et al

HCR 4-Boucher (Bentley)

HCR 25-Meredith (Foster)

HCR 18-Wilson (42)

(Mathewson)



MISCELLANEOUS



REMONSTRANCE 1-Caskey