Journal of the Senate

SECOND REGULAR SESSION


SIXTY-SEVENTH DAY--TUESDAY, MAY 7, 2002


The Senate met pursuant to adjournment.

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"You desire truth in the inward being, therefore teach me wisdom in my secret heart." (Psalm 51:6)

Omniscient God, help us to seek wisdom and understanding as we go about our daily living and are confronted by so many decisions that have to be made. We invite You, therefore, to help us know the truth and to live and act the truth, in our thinking, in our decisions and in our actions, so we may pass on the wisdom of our hearts to help our people live more effective lives. 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 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 Kinder offered Senate Resolution No. 1687, regarding Mica Morse, Patton, which was adopted.

Senator Coleman offered Senate Resolution No. 1688, regarding Judith Ann Weichold, Walnut Creek, California, which was adopted.

Senator House offered Senate Resolution No. 1689, regarding the Registered Nurses of Saint John's Mercy Medical Center, St. Louis, which was adopted.

Senators House and Cauthorn offered Senate Resolution No. 1690, regarding Cathie L. VanMatre, Mexico, which was adopted.

HOUSE BILLS ON THIRD READING

Senator Dougherty moved that HB 1811, with SCS, as amended (pending), be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HB 1811, as amended, was again taken up.

Senator Dougherty moved that SCS for HB 1811, as amended, be adopted, which motion prevailed.

Senator Dougherty moved that SCS for HB 1811, as amended, be read the 3rd time and finally passed and was recognized to close.

President Pro Tem Kinder referred SCS for HB 1811, as amended, to the Committee on State Budget Control.

HB 1568, with SCS, introduced by Representative Luetkenhaus, entitled:

An Act to repeal section 375.330, RSMo, and to enact in lieu thereof one new section relating to investments by insurance companies.

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

SCS for HB 1568, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1568

An Act to repeal sections 375.246, 375.330, 375.1202, 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 insurance.

Was taken up.

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

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



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

At the request of Senator Singleton, HB 1953, with SCS, was placed on the Informal Calendar.

HB 1446, with SCS, introduced by Representative Luetkenhaus, entitled:

An Act to repeal section 376.1350, RSMo, and to enact in lieu thereof one new section relating to exclusions from certain insurance definitions.

Was taken up by Senator Kenney.

SCS for HB 1446, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1446

An Act to repeal section 376.1350, RSMo, and to enact in lieu thereof two new sections relating to certain insurance definitions and requirements.

Was taken up.

Senator Kenney moved that SCS for HB 1446 be adopted.

Senator Kenney offered SS for SCS for HB 1446, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1446

An Act to repeal sections 354.085, 354.405, 354.603 and 376.1350, RSMo, and to enact in lieu thereof ten new sections relating to health insurance, with an effective date for a certain section.

Senator Kenney moved that SS for SCS for HB 1446 be adopted.

Senator Childers assumed the Chair.

Senator Dougherty offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1446, Page 1, Section A, Line 5, by inserting immediately after said line the following:

"194.220. 1. Any individual of sound mind who is at least eighteen years of age may give all or any part of his or her body for any purpose specified in section 194.230, the gift to take effect upon death. Any individual who is a minor and at least sixteen years of age may effectuate a gift for any purpose specified in section 194.230, provided parental or guardian consent is deemed given. Parental or guardian consent shall be noted on the minor's donor card, application for the donor's instruction permit or driver's license, or other document of gift. An express gift that is not revoked by the donor before death is irrevocable, and the donee shall be authorized to accept the gift without obtaining the consent of any other person.

2. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual knowledge of a gift by the decedent [under] pursuant to subsection 1 of this section or actual notice of contrary indications by the decedent [or of opposition by a member of the same or a prior class], may give all or any part of the decedent's body for any purpose specified in section 194.230:

(1) An attorney in fact under a durable power of attorney that expressly refers to making a gift of all or part of the principal's body [under] pursuant to the uniform anatomical gift act;

(2) The spouse;

(3) An adult son or daughter;

(4) Either parent;

(5) An adult brother or sister;

(6) A guardian of the person of the decedent at the time of his or her death;

(7) Any other person authorized or under obligation to dispose of the body.

3. If the donee has actual notice of contrary indications by the decedent [or that a gift by a member of a class is opposed by a member of the same or a prior class], the donee shall not accept the gift. The persons authorized by subsection 2 of this section may make the gift after or immediately before death.

4. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

5. The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection 4 of section 194.270.

194.230. The following persons may become donees of gifts of bodies or parts thereof for the purposes stated:

(1) Any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or

(2) Any accredited medical or dental school, college or university or the state anatomical board for education, research, advancement of medical or dental science, or therapy; or

(3) Any bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or

(4) Any specified individual for therapy or transplantation needed by [him] such individual; and

Further amend said bill, page 17, section 376.1253, line 8, by inserting after said line the following:

"376.1275. 1. Each health carrier or health benefit plan that offers or issues health benefit plans which are delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2003, shall include coverage for the cost for human leukocyte antigen testing, also referred to as histocompatibility locus antigen testing, for A, B, and DR antigens for utilization in bone marrow transplantation. The testing must be performed in a facility which is accredited by the American Association of Blood Banks or its successors, and is licensed under the Clinical Laboratory Improvement Act, 42 U.S.C. Section 263a, as amended. At the time of testing, the person being tested must complete and sign an informed consent form which also authorizes the results of the test to be used for participation in the National Marrow Donor Program. The health benefit plan may limit each enrollee to one such testing per lifetime to be reimbursed by the health carrier or health benefit plan.

2. For the purposes of this section, "health carrier" and "health benefit plan" shall have the same meaning as defined in section 376.1350.

3. The health care service required by this section shall not be subject to any greater deductible or copayment than other similar health care services provided by the health benefit plan.

4. The provisions of this section shall not apply to a supplemental insurance policy, including a life care contract, accident-only policy, specified disease policy, hospital policy providing a fixed daily benefit only, Medicare supplement policy, long-term care policy, short-term major medical policies of six months or less duration, or any other supplemental policy as determined by the director of the department of insurance."; and

Further amend the title and enacting clause accordingly.

Senator Dougherty moved that the above amendment be adopted.

Senator Klarich offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 1446, Page 3, Line 23, by inserting after the word "lifetime" the following:

"not to exceed seventy-five dollars".

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

SA 1, as amended, was again taken up.

Senator Dougherty moved that the above amendment, as amended, be adopted, which motion prevailed.

Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1446, Page 16, Section 376.430.2, Line 5, by deleting from said line the words "which are renewed"; and further deleting lines 6 through 10; and substituting in lieu thereof the following:

"which make changes in prescription drug coverage.".

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

Senator Kenney offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1446, Page 16, Section 376.430.1, Line 1, by adding the following:

"If the prescription information is contained on the plan's standard member identification card, the card shall contain, at a minimum the name and phone number of the benefits administrator or other entity responsible for prescription claims submission, adjudication or pharmacy provider correspondence for prescription benefits claims.".

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

Senator Klarich offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1446, Page 16, Section 376.430, Line 10, by inserting after all of said line the following:

"376.1230. 1. Every policy issued by a health carrier, as defined in section 376.1350, that includes coverage for physician services in the physician's office and every policy that provides major medical or similar comprehensive coverage, including managed care organizations, shall provide chiropractic care, as defined in chapter 331, RSMo, as part of basic health care services.

(1) For plans offered by all health carriers, as defined in section 376.1350, a covered enrollee who wishes to receive chiropractic care shall have direct access to the services of a chiropractic physician of his or her choice within the provider network.

(2) A covered enrollee shall have the right to obtain clinically necessary and appropriate initial and follow-up chiropractic care and referrals for diagnostic testing related to chiropractic care. The chiropractic services shall be within the scope of practice of the selected doctor of chiropractic and shall be subject to the terms and conditions of the policy.

2. No health carrier utilizing a gatekeeper shall permit such gatekeeper to intentionally misinform a covered enrollee of the existence or availability of chiropractic care benefits under such enrollee's plan.

3. Nothing in this section shall be construed to limit the health carrier's ability to credential providers or be deemed as a willing provider provision.

376.1231. 1. For purposes of this section, "health care provider" or "provider" means a chiropractic physician licensed pursuant to chapter 331, RSMo, or a medical physician or surgeon licensed pursuant to chapter 334, RSMo. Any health carrier, as defined in section 376.1350, shall not discriminate against any health care provider or group of providers based on licensure, or limit or restrict the diagnosis, treatment, management, or reimbursement of the same or similar condition, injury, complaint, disorder, or ailment while acting within the scope of their practice.

2. All health care providers may be subject to reasonable deductibles, co-payment, and coinsurance amounts, fee or benefit limits, practice parameters and reasonable utilization review; provided that any such amounts, limits, and review shall not function to direct treatment in a manner which unfairly discriminates against any health care providers and are no more restrictive than those applicable under the same policy of care or services provided by other health care providers in the diagnosis, treatment, and management of the same or similar conditions, injuries, complaints, disorders, or ailments, even if differing nomenclature is used to describe the condition, injury, complaint, disorder, or ailment."; and

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

Senator Klarich moved that the above amendment be adopted, which motion failed.

At the request of Senator Kenney, HB 1446, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Singleton, Chairman of the Committee on State Budget Control, submitted the following report:

Mr. President: Your Committee on State Budget Control, to which was referred SS No. 2 for SCS for SBs 1279, 1162 and 1164, begs leave to report that it has considered the same and recommends that the bill do pass.

On motion of Senator Kenney, the Senate recessed until 1:45 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Steelman.

HOUSE BILLS ON THIRD READING

HB 1381, with SCS, introduced by Representative Luetkenhaus, entitled:

An Act to amend chapter 375, RSMo, by adding thereto one new section relating to the interpretation of insurance materials.

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

SCS for HB 1381, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1381

An Act to amend chapter 375, RSMo, by adding thereto one new section relating to interpretation of insurance materials.

Was taken up.

Senator Rohrbach moved that SCS for HB 1381 be adopted, which motion prevailed.

On motion of Senator Rohrbach, SCS for HB 1381 was read the 3rd time and passed by the following vote:

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

HB 1701, with SCS, introduced by Representatives Luetkenhaus and Ward, entitled:

An Act to repeal sections 376.951, 376.952, 376.955, and 376.957, RSMo, and to enact in lieu thereof nine new sections relating to long-term care insurance, with penalty provisions.

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

SCS for HB 1701, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1701

An Act to repeal sections 376.671, 376.951, 376.952, 376.955 and 376.957, RSMo, and to enact in lieu thereof nine new sections relating to long-term care insurance.

Was taken up.

Senator Rohrbach moved that SCS for HB 1701 be adopted, which motion prevailed.

On motion of Senator Rohrbach, SCS for HB 1701 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
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senators
DePasco Jacob--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.

Senator Gross assumed the Chair.

THIRD READING OF SENATE BILLS

SS No. 2 for SCS for SBs 1279, 1162 and 1164, introduced by Senator Kinder, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1279, 1162 and 1164

An Act to repeal sections 70.853, 99.845, 143.183, 172.273 and 253.559, RSMo, and to enact in lieu thereof twenty-nine new sections relating to community development, with a termination date for a certain section and an effective date for a certain section.

Was taken up.

President Maxwell assumed the Chair.

Senator Rohrbach assumed the Chair.

Senator Westfall assumed the Chair.

Senator Childers assumed the Chair.

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

A quorum was established by the following vote:

Present--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kennedy Kenney
Kinder Klarich Loudon Mathewson
Quick Rohrbach Russell Sims
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
Absent--Senators
Klindt Schneider--2
Absent with leave--Senator DePasco--1

A quorum was established by the following vote:

Present--Senators
Bentley Bland Caskey Cauthorn
Childers Coleman Dougherty Foster
Gibbons Goode Gross House
Jacob Kennedy Kenney Kinder
Klarich Klindt Loudon Quick
Rohrbach Russell Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--29
Absent--Senators
Johnson Mathewson Schneider Staples--4
Absent with leave--Senator DePasco--1

On motion of Senator Kinder, SS No. 2 for SCS for SBs 1279, 1162 and 1164 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 1281, introduced by Senators Russell and Goode, entitled:

An Act to appropriate money pursuant to Article IV, Section 27(a), Subsection 5 of the Missouri Constitution and for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds designated for the fiscal period ending June 30, 2002.

Was taken up by Senator Russell.

On motion of Senator Russell, SB 1281 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 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

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.

PRIVILEGED MOTIONS

Senator Sims moved that the Senate refuse to concur in HS for SB 1220, as amended, and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon.

Senator Rohrbach offered a substitute motion that the Senate refuse to adopt the HS for SB 1220, as amended, and request the House to recede from its position or, failing to do so, grant the Senate a conference, and that the Senate conferees be bound to the House's position on House Amendment No. 2 to Part II of HS for SB 1220, relating to prohibiting the Missouri Lottery Commission from implementing keno games until given statutory authority or by approval of a vote of the people, which motion failed.

Senator Sims moved that the Senate refuse to concur in HS for SB 1220, as amended, and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Kenney moved that SCS for SB 960, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 960, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 960

An Act to amend chapter 301, RSMo, by adding thereto three new sections relating to the creation of special license plates.

Was taken up.

Senator Kenney moved that HCS for SCS for SB 960 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Coleman Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kennedy Kenney Kinder
Klarich Klindt Loudon Mathewson
Russell Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senators
Cauthorn Quick Schneider--3
Absent with leave--Senator DePasco--1

On motion of Senator Kenney, HCS for SCS for SB 960 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Coleman Dougherty Foster Gibbons
Gross House Jacob Johnson
Kennedy Kenney Kinder Klarich
Klindt Loudon Mathewson Sims
Singleton Steelman Stoll Wiggins
Yeckel--25
NAYS--Senator Rohrbach--1
Absent--Senators
Cauthorn Goode Quick Russell
Schneider Staples Westfall--7
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

Senator Kenney 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 Caskey moved that SB 1012, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 1012, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR



SENATE BILL NO. 1012

An Act to repeal section 8.231, RSMo, and to enact in lieu thereof one new section relating to guaranteed energy cost savings contracts.

Was taken up.

Senator Caskey moved that HCS for SB 1012 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
Mathewson Quick Rohrbach Russell
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Schneider Staples--2
Absent with leave--Senator DePasco--1

On motion of Senator Caskey, HCS for SB 1012 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 Quick
Rohrbach Sims Singleton Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Coleman Jacob Russell Schneider
Staples--5
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Johnson moved that SCS for SB 1210, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 1210, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1210

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to sales taxes for the promotion of tourism and convention facilities.

Was taken up.

Senator Johnson moved that HCS for SCS for SB 1210 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 Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Coleman Schneider Staples--3
Absent with leave--Senator DePasco--1

On motion of Senator Johnson, HCS for SCS for SB 1210 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 Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Sims Singleton
Steelman Stoll Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Coleman Russell Schneider Staples
Westfall--5
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.

HOUSE BILLS ON THIRD READING

Senator Kenney moved that HB 1446, with SCS and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

Senator Singleton offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1446, Page 26, Section 376.1575, Line 24, by inserting after all of said line the following:

"430.225. 1. As used in sections 430.225 to 430.250, the following terms shall mean:

(1) "Claim", a claim of a patient for:

(a) Damages from a tort-feasor; or

(b) Benefits from an insurance carrier;

(2) "Clinic", a group practice of health practitioners or a sole practice of a health practitioner who has incorporated his or her practice;

(3) "Health practitioner", a chiropractor licensed pursuant to chapter 331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, a dentist licensed pursuant to chapter 332, RSMo, a physician or surgeon licensed pursuant to chapter 334, RSMo, or an optometrist licensed pursuant to chapter 336, RSMo, while acting within the scope of their practice;

(4) "Insurance carrier", any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381 or 383, RSMo;

(5) "Other institution", a legal entity existing pursuant to the laws of this state which delivers treatment, care or maintenance to patients who are sick or injured;

(6) "Patient", any person to whom a health practitioner, hospital, clinic or other institution delivers treatment, care or maintenance for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort-feasor.

2. Clinics, health practitioners and other institutions, as defined in this section shall have the same rights granted to hospitals in sections 430.230 to 430.250.

3. If the liens of such health practitioners, hospitals, clinics or other institutions exceed fifty percent of the amount due the patient, every health care practitioner, hospital, clinic or other institution giving notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of health care practitioners, hospitals, clinics or other institutions. "Net proceeds", as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.

4. In administering the lien of the health care provider, the insurance carrier may pay the amount due secured by the lien of the health care provider directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries cause by the tort-feasor.

5. Any health care provider electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time."; and

Further amend said bill, Page 26, Section 376.1575, Line 24, by inserting after all of said line the following:

"[430.225. 1. As used in sections 430.225 to 430.250, the following terms shall mean:

(1) "Claim", a claim of a patient for:

(a) Damages from a tort-feasor; or

(b) Benefits from an insurance carrier;

(2) "Clinic", a group practice of health practitioners or a sole practice of a health practitioner who has incorporated his or her practice;

(3) "Health practitioner", a chiropractor licensed pursuant to chapter 331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, a dentist licensed pursuant to chapter 332, RSMo, a physician or surgeon licensed pursuant to chapter 334, RSMo, or an optometrist licensed pursuant to chapter 336, RSMo, while acting within the scope of their practice;

(4) "Insurance carrier", any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381 or 383, RSMo;

(5) "Other institution", a legal entity existing pursuant to the laws of this state which delivers treatment, care or maintenance to patients who are sick or injured;

(6) "Patient", any person to whom a health practitioner, hospital, clinic or other institution delivers treatment, care or maintenance for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort-feasor.

2. Clinics, health practitioners and other institutions, as defined in this section shall have the same rights granted to hospitals in sections 430.230 to 430.250.

3. If the liens of such health practitioners, hospitals, clinics or other institutions exceed fifty percent of the amount due the patient, every health care practitioner, hospital, clinic or other institution giving notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of health care practitioners, hospitals, clinics or other institutions. "Net proceeds", as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.

4. In administering the lien of the health care provider, the insurance carrier may pay the amount due secured by the lien of the health care provider directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries cause by the tort-feasor.

5. Any health care provider electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time.]"; and

Further amend the title and enacting clause accordingly.

Senator Singleton moved that the above amendment be adopted.

At the request of Senator Kenney, HB 1446, with SCS, SS for SCS and SA 5 (pending), was placed on the Informal Calendar.

HCS for HB 1888, with SCS, was placed on the Informal Calendar.

HB 1270 and HB 2032, with SCS, were placed on the Informal Calendar.

HB 1712, with SCS, introduced by Representative Monaco, et al, entitled:

An Act to repeal sections 400.9-102, 400.9-109, 400.9-303, 400.9-311, 400.9-313, 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, and 400.9-710, RSMo, and to enact in lieu thereof twenty-two new sections relating to matters regulated by the secretary of state.

Was taken up by Senator Klarich.

SCS for HB 1712, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1712

An Act to repeal sections 347.143, 351.055, 351.182, 351.400, 351.455, 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 and 400.9-710, RSMo, and to enact in lieu thereof twenty-five new sections relating to business and commerce.

Was taken up.

Senator Klarich moved that SCS for HB 1712 be adopted.

Senator Klarich offered SS for SCS for HB 1712, entitled:



SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1712

An Act to repeal sections 347.143, 351.055, 351.120, 351.140, 351.145, 351.150, 351.155, 351.182, 351.385, 351.400, 351.455, 355.856, 356.211, 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, 417.210, 429.010 and 575.060, RSMo, and to enact in lieu thereof forty new sections relating to business and commerce, with penalty provisions.

Senator Klarich moved that SS for SCS for HB 1712, be adopted.

Senator Singleton offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1712, Page 80, Section 429.010, Line 7, by inserting after all of said line the following:

"430.225. 1. As used in sections 430.225 to 430.250, the following terms shall mean:

(1) "Claim", a claim of a patient for:

(a) Damages from a tort-feasor; or

(b) Benefits from an insurance carrier;

(2) "Clinic", a group practice of health practitioners or a sole practice of a health practitioner who has incorporated his or her practice;

(3) "Health practitioner", a chiropractor licensed pursuant to chapter 331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, a dentist licensed pursuant to chapter 332, RSMo, a physician or surgeon licensed pursuant to chapter 334, RSMo, or an optometrist licensed pursuant to chapter 336, RSMo, while acting within the scope of their practice;

(4) "Insurance carrier", any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381 or 383, RSMo;

(5) "Other institution", a legal entity existing pursuant to the laws of this state which delivers treatment, care or maintenance to patients who are sick or injured;

(6) "Patient", any person to whom a health practitioner, hospital, clinic or other institution delivers treatment, care or maintenance for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort-feasor.

2. Clinics, health practitioners and other institutions, as defined in this section shall have the same rights granted to hospitals in sections 430.230 to 430.250.

3. If the liens of such health practitioners, hospitals, clinics or other institutions exceed fifty percent of the amount due the patient, every health care practitioner, hospital, clinic or other institution giving notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of health care practitioners, hospitals, clinics or other institutions. "Net proceeds", as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.

4. In administering the lien of the health care provider, the insurance carrier may pay the amount due secured by the lien of the health care provider directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries cause by the tort-feasor.

5. Any health care provider electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time.

"[430.225. 1. As used in sections 430.225 to 430.250, the following terms shall mean:

(1) "Claim", a claim of a patient for:

(a) Damages from a tort-feasor; or

(b) Benefits from an insurance carrier;

(2) "Clinic", a group practice of health practitioners or a sole practice of a health practitioner who has incorporated his or her practice;

(3) "Health practitioner", a chiropractor licensed pursuant to chapter 331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, a dentist licensed pursuant to chapter 332, RSMo, a physician or surgeon licensed pursuant to chapter 334, RSMo, or an optometrist licensed pursuant to chapter 336, RSMo, while acting within the scope of their practice;

(4) "Insurance carrier", any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381 or 383, RSMo;

(5) "Other institution", a legal entity existing pursuant to the laws of this state which delivers treatment, care or maintenance to patients who are sick or injured;

(6) "Patient", any person to whom a health practitioner, hospital, clinic or other institution delivers treatment, care or maintenance for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort-feasor.

2. Clinics, health practitioners and other institutions, as defined in this section shall have the same rights granted to hospitals in sections 430.230 to 430.250.

3. If the liens of such health practitioners, hospitals, clinics or other institutions exceed fifty percent of the amount due the patient, every health care practitioner, hospital, clinic or other institution giving notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of health care practitioners, hospitals, clinics or other institutions. "Net proceeds", as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.

4. In administering the lien of the health care provider, the insurance carrier may pay the amount due secured by the lien of the health care provider directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries cause by the tort-feasor.

5. Any health care provider electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time.]"; and

Further amend the title and enacting clause accordingly.

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

Senator Kinder assumed the Chair.

Senator Caskey offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1712, Page 2, Section 347.143, Line 2, by inserting immediately before said line the following:

"72.080. 1. Any unincorporated city, town or other area of the state may, except as otherwise provided in sections 72.400 to 72.420, become a city of the class to which its population would entitle it pursuant to this chapter, and be incorporated pursuant to the law for the government of cities of that class, in the following manner: whenever a number of voters equal to fifteen percent of the votes cast in the last gubernatorial election in the area proposed to be incorporated shall present a petition to the governing body of the county in which such city or town or area is situated, such petition shall describe, by metes and bounds, the area to be incorporated and be accompanied by a plat thereof, shall state the approximate population and the assessed valuation of all real and personal property in the area and shall state facts showing that the proposed city shall have the ability to furnish normal municipal services within a reasonable time after its incorporation is to become effective and praying that the question be submitted to determine if it may be incorporated. If the governing body shall be satisfied that a number of voters equal to fifteen percent of the votes cast in the last gubernatorial election in the area proposed to be incorporated have signed such petition, the governing body shall submit the question to the voters.

2. The county may make changes in the petition to correct technical errors or to redefine the metes and bounds of the area to be incorporated to reflect other boundary changes occurring within six months prior to the time of filing the petition. Petitions submitted by proposing agents may be submitted with exclusions for the signatures collected in areas originally included in the proposal but subsequently annexed or incorporated separately as a city, town or village, although the governing body shall be satisfied as to the sufficiency of the signatures for the final proposed area. If a majority of the voters voting on the question vote for incorporation, the governing body shall declare such city, town or other area incorporated, designating in such order the metes and bounds thereof, and thenceforth the inhabitants within such bounds shall be a body politic and incorporate, by the name and style of "the city of ..........", or "the town of ..........", and the first officers of such city or town shall be designated by the order of the governing body, who shall hold their offices until the next municipal election and until their successors shall be duly elected and qualified. The county shall pay the costs of the election.

3. In any county with a charter form of government where fifty or more cities, towns and villages have been incorporated, an unincorporated city, town or other area of the state shall not be incorporated except as provided in sections 72.400 to 72.420.

4. Any unincorporated area located partially within any county of the first classification without a charter form of government and with more than eighty-two thousand but less than eighty-two thousand one hundred inhabitants and partially within any county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants may incorporate as a city of the class to which its population would entitle it pursuant to this chapter notwithstanding any proposed annexation of the unincorporated area by any city of the third or fourth classification or any home rule city with more than four hundred thousand inhabitants and located in more than one county. If any city of the third or fourth classification or any home rule city with more than four hundred thousand inhabitants and located in more than one county proposes annexation by ordinance or resolution of any unincorporated area as defined in this subsection, no such annexation shall become effective until after the qualified voters in the unincorporated area proposed to be incorporated fail to approve the proposed incorporation by a majority vote in the election described in subsection 2 of this section.

5. Prior to the election described in subsection 2 of this section, if the owner or owners of either the majority of the commercial or the majority of the agricultural classification of real property in the proposed area to be incorporated object to such incorporation, such owner or owners may file an action in the circuit court of the county in which such unincorporated area is situated, pursuant to the provisions of chapter 527, RSMo, praying for a declaratory judgment requesting that such incorporation be declared unreasonable by the court. As used in this subsection, a "majority of the commercial or agricultural classification" means a majority as determined by the assessed valuation of the tracts of real property in either classification to be determined by the assessments made according to chapter 137, RSMo. The petition in such action shall state facts showing that such incorporation including the real property owned by the petitioners is not reasonable based on the same criteria as specified in subsection 3 of section 72.403 and is not necessary to the proper development of the city or town. If the circuit court finds that such inclusion is not reasonable and necessary, it may enjoin the incorporation or require the petition requesting the incorporation to be resubmitted excluding all or part of the property of the petitioners from the proposed incorporation.

72.130. Except as provided in sections 72.400 to 72.420, no city, town, village or other area shall be organized within this state under and by virtue of any law thereof, adjacent to or within two miles of the limits of any city of the first, second, third or fourth classification or any constitutional charter city, unless the city, town, village or other area be in a different county from the city or unless the city, town or village is located partially within any county of the first classification without a charter form of government and with more than eighty-two thousand but less than eighty-two thousand one hundred inhabitants and partially within any county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants, except that a city, town, village or other area may be incorporated within the two-mile area if a petition signed by a number of voters equal to fifteen percent of the votes cast in the last gubernatorial election in the area proposed to be incorporated is presented to the existing city requesting that the boundaries of the existing city be extended to include the area proposed to be incorporated and if action taken thereon by the existing city is unfavorable to the petition, or if no action is taken by the existing city on the petition, then the city, town, village or other area may be incorporated after the expiration of one year from the date of the petition and upon a favorable majority vote on the question."; and

Further amend the title and enacting clause accordingly.

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

Senator Sims offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1712, Page 2, Section 347.143, Line 24, by inserting after all of said line the following:

"349.010. As used in sections 349.010 to 349.100, unless the context otherwise requires, the following words and terms shall have the meanings indicated:

(1) "Corporations" means any authority organized pursuant to the provisions of sections 349.010 to 349.100.

(2) ["County and municipality".] "County" means any county in the state. ["Municipality" means any city, incorporated town or village in the state.]

(3) "Governing body" shall mean the board or body in which the general legislative powers of the county or municipality are vested.

(4) "Municipality" means any city, incorporated town or village in the state.

(5) "Project" means the purchase, construction, extension and improvement of plants, buildings, structures, or facilities, whether or not now in existence, including the real estate, used or to be used as a factory, assembly plant, manufacturing plant, processing plant, fabricating plant, distribution center, warehouse building, public facility, waterborne vessels excepting commercial passenger vessels for hire in a city not within a county built prior to 1950, office building, for-profit or not-for-profit hospital, not-for-profit nursing or retirement facility or combination thereof, physical fitness, recreational, indoor and resident outdoor facilities operated by not-for-profit organizations, child or adult day care facilities operated by not-for-profit organizations, commercial or agricultural facility, or facilities for the prevention, reduction or control of pollution. Included in all of the above shall be any required fixtures, equipment and machinery. Excluded are facilities designed for the sale or distribution to the public of electricity, gas, water or telephone, together with any other facilities for cable television and those commonly classified as public utilities. Projects of a municipal authority must be located wholly within the incorporated limits of the municipality except that such projects may be located outside the corporate limits of such municipality and within the county in which the municipality is located with permission of the governing body of the county. Projects of a county authority must be located within an unincorporated area of such county except that such projects may be located within the incorporated limits of a municipality within such county, when approved by the governing body of the municipality."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich moved that SS for SCS for HB 1712, as amended, be adopted, which motion prevailed.

On motion of Senator Klarich, SS for SCS for HB 1712, as amended, 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 Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Sims
Singleton Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Coleman Schneider Staples--3
Absent with leave--Senator DePasco--1

Senator Gibbons assumed the Chair.

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

PRIVILEGED MOTIONS

Senator Loudon moved that SCS for SB 1093, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 1093, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1093

An Act to repeal section 301.131, RSMo, and to enact in lieu thereof one new section relating to historic motor vehicles, with penalty provisions.

Was taken up.

Senator Loudon moved that HCS for SCS for SB 1093 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 Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Coleman Russell Schneider Staples--4
Absent with leave--Senator DePasco--1

On motion of Senator Loudon, HCS for SCS for SB 1093 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
Mathewson Rohrbach Russell Schneider
Sims Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Quick Staples--2
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 Kenney moved that motion lay on the table, which motion prevailed.

Bill ordered enrolled.

Senator Rohrbach moved that SS for SCS for SB 1009, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SS for SCS for SB 1009, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1009

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.

Was taken up.

Senator Rohrbach moved that HCS for SS for SCS for SB 1009 be adopted, which motion prevailed by the following vote:

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

On motion of Senator Rohrbach, HCS for SS for SCS for SB 1009 was read the 3rd time and passed by the following vote:

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

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.

Bill ordered enrolled.

Senator Kennedy moved that SB 1078, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 1078, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1078

An Act to repeal sections 59.800 and 400.9-525, RSMo, and to enact in lieu thereof two new sections relating to the recording fees.

Was taken up.

Senator Kennedy moved that HCS for SB 1078 be adopted, which motion prevailed by the following vote:

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

On motion of Senator Kennedy, HCS for SB 1078 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
Mathewson Rohrbach Russell Sims
Singleton Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Quick Schneider Staples--3
Absent with leave--Senator DePasco--1

The President declared the bill passed.

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

Senator Kennedy 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 Foster moved that the Senate refuse to recede from its position on SCS for HB 1313 and grant the House a conference thereon, which motion prevailed.

REPORTS OF STANDING COMMITTEES

On behalf of Senator Russell, Chairman of the Committee on Appropriations, Senator Kenney submitted the following reports:

Mr. President: Your Committee on Appro-priations, to which was referred HCS for HB 1120, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Appro-priations, to which was referred HB 1121, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 SCR 74, begs leave to report that it has considered the same and recommends that the bill do pass.

REFERRALS

President Pro Tem Kinder referred SCR 75 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

HOUSE BILLS ON SECOND READING

The following Bill was read the 2nd time and referred to the Committee indicated:

HS for HCS for HB 1868--Pensions and General Laws.

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 HB 2120. Representatives: Hosmer, Britt, Kelly (36), Ridgeway, Mayer.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1635 and has taken up and passed SCS for HB 1635.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1636 and has taken up and passed SCS for HB 1636.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS, as amended, for HB 1890 and has taken up and passed SCS for HB 1890, as amended.

Emergency clause adopted.

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 SBs 1241, 1253 and 1189.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 758 and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 795 and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SCS for SB 980 and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SCS for SBs 1086 and 1126 and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 2080 and has taken up and passed SCS for HB 2080.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1568 and has taken up and passed SCS for HB 1568.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1381 and has taken up and passed SCS for HB 1381.

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 966.

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 798.

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 745.

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 for SB 726.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up adopted and third read SCR 46.

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 656.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up adopted and third read SCR 36.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up adopted and third read SCR 37.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up adopted and third read SCS for SCR 47.

Concurrent Resolution ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up adopted and third read SCR 54.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on HCS for SB 758: Senators Bentley, Childers, Sims, Dougherty and Stoll.

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on HCS for SB 795: Senators Schneider, Goode, Klarich, Steelman and Gibbons.

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on SCS for HB 1313: Senators Foster, Childers, Gross, Johnson and Stoll.

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on HCS for SCS for SB 980: Senators Singleton, Sims, Foster, Schneider and Johnson.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1691, regarding Joyce White Hunt, Warrensburg, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1692, regarding Gloria Guinn, Macon, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1693, regarding Michael A. Trumper, Macon County, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1694, regarding Janice M. Teter, Macon, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1695, regarding John Williams, Kirksville, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1696, regarding Kenneth Hoover, State Fire Chief of the Year, Little Dixie, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1697, regarding Alan Shaw, Vandalia, which was adopted.

Senator Cauthorn offered Senate Resolution No. 1698, regarding KMFC Radio, Centralia, which was adopted.

Senator Kenney offered Senate Resolution No. 1699, regarding Benjamin Alexander "Ben" Afton, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1700, regarding Brian Michael Cavender, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1701, regarding Nicholas Alan "Nick" McWilliams, which was adopted.

Senator Kenney offered Senate Resolution No. 1702, regarding Nathaniel James "Nate" McWilliams, which was adopted.

Senator Kenney offered Senate Resolution No. 1703, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Robert Springston, Blue Springs, which was adopted.

Senator Caskey offered Senate Resolution No. 1704, regarding Cara Dawn Phelps, Peculiar, which was adopted.

Senator Quick offered Senate Resolution No. 1705, regarding Kyle Jackson McNabb, Kansas City, which was adopted.

Senator Quick offered Senate Resolution No. 1706, regarding Daniel Edward "Danny" Reckman, Kansas City, which was adopted.

COMMUNICATIONS

Senator Kenney submitted the following:

May 7, 2002

Ms. Terry Spieler

Secretary of the Senate

Room 325, State Capitol Building

Jefferson City, MO 65101

Dear Ms. Spieler:

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members were present and voted unanimously to approve the St. Louis City Caucus.

A list of members is attached.

Sincerely,

/s/ Bill Kenney

Senator Bill Kenney

Members of the St. Louis City Caucus

Senator Pat Dougherty Senator Harry Kennedy

Senator Maida Coleman Rep. Amber Boykins

Rep. James O'Toole Rep. Russ Carnahan

Rep. Toby Paone Rep. Michael Daus

Rep. O.L. Shelton Rep. Derio Gambaro

Rep. Charles Quincy Troupe Rep. Robert Hilgemann

Rep. Thomas Villa Rep. Connie Johnson

Rep. Anthony Walker Rep. Robin Wright Jones



Also,

May 7, 2002

Ms. Terry Spieler

Secretary of the Senate

Room 325, State Capitol Building

Jefferson City, MO 65101

Dear Ms. Spieler:

The Rules, Joint Rules, Resolutions and Ethics Committee met today in the Senate Lounge. All members were present and voted unanimously to approve the St. Louis Area Caucus.

A list of members is attached.

Sincerely,

/s/ Bill Kenney

Senator Bill Kenney

Members of the St. Louis Area Caucus

Senator Pat Dougherty Senator David Klarich

Senator Anita Yeckel Senator Betty Sims

Senator Harry Kennedy Senator Maida Coleman

Senator Wayne Goode Senator John Schneider

Senator Michael Gibbons Senator John Loudon



INTRODUCTIONS OF GUESTS

Senator Klindt introduced to the Senate, Lisa Schoonover, Mary Jo Sawyer, Pearl McGrann, Rhonda Eddy, Brenda Healy, Tina Hollon, Kelly Dickson, Donnie Troester, Teresa Brittian, Lana Ledferd, Anna Diaz and students from Milan C-2 School, Milan.

Senator Klindt introduced to the Senate, Andrea Jean Baker, Florissant; and Andrea Jean was made an honorary page.

On behalf of Senator Jacob, Senator Sims introduced to the Senate, Peggy Crabtree, Carol Ann Wamsley, Debbie Teats and Virginia King, representatives of Isle of Capri Casino, Boonville.

Senator Foster introduced to the Senate, Charles Czerwonka and students from Doniphan Christian School, Doniphan; and Todd Patterson, Cody Asay, Samantha Anderson, Candice Dickerson, Travis Moe and Brandon Jolly were made honorary pages.

On behalf of Senator Singleton and himself, the President introduced to the Senate, Lindsay Runnels, Jasper.

Senator Steelman introduced to the Senate, Kyle Auxier, St. James.

Senator Staples introduced to the Senate, his grandson, Danny Staples, Jim and Laird Thompson and Shane VanSteenis, Eminence; and Danny was made an honorary page.

Senator Stoll introduced to the Senate, Dan and Mary Byers, DeSoto; and Nick Byers and Ryan Amsden, Festus; and Nick and Ryan were made honorary pages.

Senator Rohrbach introduced to the Senate, seventh grade students from St. Andrew School, Tipton; and Rosemary Raymond, Alyssa Elliott, Mark Allison, Cody Koechner, Calen Knipp and Jorell Kuttenkuler were made honorary pages.

Senator Singleton introduced to the Senate, representatives of the American Stroke Association from the 32nd Senatorial District.

Senator Caskey introduced to the Senate, Mr. Ken Bobbitt, Mrs. Laura Hunter and 100 fourth grade students and sponsors from Knob Noster Elementary School, Knob Noster.

Senator Staples introduced to the Senate, Mickey Gage and representatives of the Brotherhood of Locomotive Engineers, Missouri State Legislative Board.

Senator Caskey introduced to the Senate, Mrs. Shirley Dimmit, Mrs. Carla Kratz, Dr. Jeff Mehlenbacher and 125 seventh grade students and sponsors from Yeokum Middle School, Belton.

Senator Stoll introduced to the Senate, John, Kay, Buz, Mary, Roger and Chase Kaido, Jefferson County; and Roger and Chase were made honorary pages.

Senator Russell introduced to the Senate, Mary Vitor and Guenther Wagner Von Hoff, Osage Beach.

Senator Klarich introduced to the Senate, Rick Sullivan, Rick Oertli, Kathy Osborn, John Capps, Mike Zychinski, Paul J. McKee, Jr., L.B. Eckelkamp, Greg Sullivan and Stephen P. Marsh, St. Louis.

On behalf of Senator Rohrbach and himself, Senator Kennedy introduced to the Senate, Brandy Luetkemeyer, Maryland Heights; Jackie Luetkemeyer, St. Elizabeth; and Nikki Luetkemeyer, Jefferson City.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Andy Evans, M.D., Columbia.

On motion of Senator Kenney, the Senate adjourned until 9:30 a.m., Wednesday, May 8, 2002.

SENATE CALENDAR

______



SIXTY-EIGHTH DAY-WEDNESDAY, MAY 8, 2002

______



FORMAL CALENDAR



THIRD READING OF SENATE BILLS



SCS for SB 676-Yeckel, et al

(In Budget Control)





SENATE BILLS FOR PERFECTION



SB 652-Singleton and

Russell, with SCS



HOUSE BILLS ON THIRD READING



1. HS for HB 1994-Hosmer

(Bentley)

2. HCS for HB 1443, with

SCS (Gibbons)

3. HB 1041-Myers, with

SCS (Childers)

4. HB 1600-Treadway

(Mathewson)

5. HB 2008-O'Connor,

with SCS (Kenney)

6. HS for HCS for HB

1532-Hoppe, with SCS

(Gross)

7. HB 1348-Myers, et al,

with SCS (Foster)

8. HB 1402-Burton, et al,

with SCS (Steelman)

9. HB 2023-Franklin,

with SCA 1 (Foster)

10. HB 1086-Harlan, with

SCS (House)

11. HB 1926-Fraser, et al

(Quick)

12. HB 2078-Clayton

(Rohrbach)

13. HS for HCS for HBs

1502 & 1821-Luetkenhaus, with

SCS (Rohrbach)

14. HB 1196-Barnett, et al,

with SCS (Westfall)

15. HBs 1489 & 1850-Britt,

with SCS (Steelman)

(In Budget Control)

16. HS for HCS for HB

1962-Monaco, with SCS

(In Budget Control)

17. HCS for HB 1817, with

SCS (Bentley)

18. HB 1773-Shelton and

Carnahan, with SCS

19. HS for HCS for HBs 1461

& 1470-Seigfreid, with

SCS (Yeckel)

(In Budget Control)

20. HB 1748-Ransdall

(Steelman)

(In Budget Control)

21. HCS for HBs 1150, 1237

& 1327, with SCS

(Gibbons)

(In Budget Control)

22. HS for HB 1455-O'Toole,

with SCS (Gross)

23. HB 1508-Koller, with

SCS (Westfall)

(In Budget Control)



24. HCS for HBs 1344 &

1944, with SCS (Caskey)

25. HB 1679-Crump, with SCS

& point of order (Sims)

26. HCS for HB 1898, with

SCS (Goode)

(In Budget Control)

27. HCS for HB 1403, with

SCS (Foster)

28. HB 1988-Kelly (144)

29. HS for HCS for HB 1906-

Green (73), with SCS

(Kenney)

30. HS for HCS for HB 1756-

Reid (Klarich)

31. HCS for HB 1120 (Russell)

32. HB 1121-Green (73),

with SCS (Russell)



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)



HOUSE BILLS ON THIRD READING



HBs 1270 & 2032-Gratz,

with SCS (Westfall)

HB 1446-Luetkenhaus, with

SCS, SS for SCS & SA 5

(pending) (Kenney)

HCS for HB 1888, with SCS

(Westfall)

HB 1953-Van Zandt, et al,

with SCS (Singleton)

CONSENT CALENDAR



Senate Bills



Reported 2/5



SB 995-Rohrbach



House Bills



Reported 4/15



HB 1955-Hilgemann, et al,

with SCS (pending)

(Coleman)

SCS for HB 1811-Gambaro

(Dougherty)

(In Budget Control)

HB 1085-Mays (50) (Quick)

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

SB 1041-Russell, with

HCAs 1, 2 & 3

SCS for SB 1070-Gibbons,

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 1212-Mathewson,

with HCS

SB 1213-Mathewson, with HCS

SB 1244-Bland, et al, with HCS

SB 1251-Gibbons, with HCS

BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



SB 758-Bentley, with HCS

SB 795-Schneider, with HCS

SCS for SB 980-Singleton

and Schneider, with HCS



SCS for SBs 1086 & 1126-

DePasco & Quick, with

HCS

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 1313-Burton, with SCS

(Foster)

HB 2120-Ridgeway and

Hosmer, with SCS (Gibbons)

Requests to Recede or Grant Conference



SB 1220-Sims, with HS, as

amended

(Senate requests House

recede or grant conference)



RESOLUTIONS



SR 1026-Jacob, with SA 1

(pending)



SR 1602-Klarich, with SS

(pending)

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)

SCR 74-Childers, et al





MISCELLANEOUS



REMONSTRANCE 1-Caskey