Journal of the Senate

FIRST REGULAR SESSION


TWENTY-FIFTH DAY--WEDNESDAY, FEBRUARY 19, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, keep us from going anywhere we couldn't take You with us, or from speaking anything we wouldn't want You to hear, or doing things we wouldn't want You to see. You always are with us. You always see and hear us. Forgive us when we behave as though You weren't around. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     Senator Quick submitted the following correction to the Senate Journal for Tuesday, February 18, 1997, which was read and adopted:

     Mr. President:

     I move that the Senate Journal for Tuesday, February 18, 1997, be corrected on page 235, column 1, lines 7-14, by deleting said lines and inserting in lieu thereof the following:

     "Senator Jacob, Chairman of the Committee on Interstate Cooperation, submitted the following report:

     Mr. President: Your Committee on Interstate Cooperation, to which was referred SB 29, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.".

     The Journal of the previous day was read and approved, as corrected.

     The following Senators were present during the day's proceedings:
Present--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Absent with leave--Senators
CurlsJacob--2
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Howard offered Senate Resolution No. 276, regarding Michael L. Mittermeyer, Poplar Bluff, which was adopted.

CONCURRENT RESOLUTIONS

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

SENATE CONCURRENT RESOLUTION NO. 19

     WHEREAS, families are an important institution in this nation and in the state of Missouri; and

     WHEREAS, the role that parents play in a child's life is important and the time that parents spend with children is crucial to the future of our society; and

     WHEREAS, since 1965, the amount of time that parents spend with their children has dropped forty percent; and

     WHEREAS, a 1993 study found that sixty-six percent of adults surveyed nationwide wanted to spend more time with their children; and

     WHEREAS, in 1960, less than nineteen percent of married women were in the workforce who had a spouse present and children less than six years of age, yet today, more than sixty percent of such women are in the workplace; and

     WHEREAS, currently, seventy-six percent of mothers with school-age children are in the workforce; and

     WHEREAS, inflexible work schedules conflict with school hours, day care arrangements and family emergencies; and

     WHEREAS, working parents, especially working mothers, require flexible working schedules so that they can take the time to tend to their children's needs; and

     WHEREAS, federal law allows public employees to have flexible working schedules, so that such employees can balance the needs of work and family; and

     WHEREAS, federal law prohibits employees in the private sector from having flexibility in work schedules which public employees currently enjoy; and

     WHEREAS, in the interest of creating equity between private and public sector employment, and in the interest of promoting the importance of family obligations in our society, private sector employees should be allowed to have flexibility in their work schedules in order to meet their family and personal obligations; and

     WHEREAS, such flexibility can be established by allowing employees to opt for paid flexible leave; and

     WHEREAS, paid flexible leave would allow a private sector employee to choose to work hours in addition to a forty-hour work week, and use those extra hours as compensatory time for a shorter, future work week. Such flexibility could be met by allowing an employee to work eighty hours over a two-week period in any combination that the employee wishes, or by allowing the employee to take time-and-a-half off instead of time-and-a-half pay for any overtime hours worked. The decision to work a flexible schedule would be solely at the option of the employee, not the employer; and

     WHEREAS, federal law prohibits such flexibility at the option of the private sector employee;

     NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the First Regular Session of the Eighty-ninth General Assembly, the House of Representatives concurring therein, that we respectfully urge the Congress of the United States to address this important issue by enacting legislation which would allow private sector employees to be able to choose paid flexible leave as set forth in this resolution; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution to be transmitted forthwith to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and to each member of the Missouri Delegation of Congress.

REFERRALS

     President Pro Tem McKenna referred SB 19 to the Committee on State Budget Control.

THIRD READING OF SENATE BILLS

     SCS for SB 16, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 16

     An Act to repeal sections 105.450, 105.472, 105.492, 105.957, 105.959, 105.961, 105.963, 105.969, 130.016, 130.021, 130.031, 130.032, 130.036, 130.038, 130.051, 130.053, 130.054 and 130.056, RSMo 1994, and sections 105.483, 105.487, 130.011, 130.034, 130.037, 130.041, 130.046, 130.052, 130.100, 130.120, 130.130 and 130.140, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof twenty-five new sections relating to the same subject, with penalty provisions and with a termination date for a certain section.

     Was taken up by Senator Mathewson.

     On motion of Senator Mathewson, SCS for SB 16 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
WestfallWigginsYeckel--27
Nays--Senators
BanksClayMaxwellStaples--4
Absent--Senators--Schneider--1
Absent with leave--Senators
CurlsJacob--2

     The President declared the bill passed.

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

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

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

     SS for SB 11, introduced by Senator Caskey, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 11

     An Act to repeal sections 49.082, 50.334, 51.281, 52.269, 53.082, 53.270, 54.261, 54.320, 55.091, 56.600, 57.317 and 57.550, RSMo 1994, and sections 50.333, 50.343, 56.265 and 58.095, RSMo Supp. 1996, relating to certain county officers and to enact in lieu thereof nineteen new sections relating to the same subject.

     Was taken up.

     On motion of Senator Caskey, SS for SB 11 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannGoodeGraves
HouseJohnsonKlarichLybyer
MathewsonMaxwellMcKennaRohrbach
RussellSchneiderScottSingleton
StaplesWestfallWigginsYeckel--24
Nays--Senators
BanksFlotronHowardKenney
KinderMuellerQuickSims--8
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

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

     SB 246, introduced by Senators Wiggins and Howard, entitled:

     An Act to repeal sections 337.606, 337.612, 337.618, 337.621, 337.630 and 337.633, RSMo 1994, and sections 337.603, 337.615 and 337.627, RSMo Supp. 1996, relating to the state committee for social workers, and to enact in lieu thereof ten new sections relating to the same subject.

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

     On motion of Senator Wiggins, SB 246 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BanksStaples--2
Absent with leave--Senators
CurlsJacob--2

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

     SB 179, introduced by Senator Johnson, entitled:

     An Act to repeal sections 266.321 and 266.343, RSMo 1994, relating to fertilizer and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Johnson, SB 179 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

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

     SB 155, introduced by Senator House, entitled:

     An Act to repeal section 67.1000, RSMo Supp. 1996, relating to tourism sales taxes, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator House, SB 155 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

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

     President Wilson assumed the Chair.

     Senator Mathewson assumed the Chair.

     SB 34, with SCA 1, introduced by Senator Singleton, entitled:

     An Act relating to the conveyance of certain real property by the Department of Natural Resources located in McDonald County.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator Singleton, SB 34, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

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

     SB 131, introduced by Senator Staples, entitled:

     An Act to repeal section 301.041, RSMo 1994, relating to commercial vehicle registration, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Staples, SB 131 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--McKenna--1
Absent with leave--Senators
CurlsJacob--2

     The President declared the bill passed.

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

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

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

     SB 170, introduced by Senator Caskey, entitled:

     An Act to repeal section 347.015, RSMo Supp. 1996, relating to regulation of businesses, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Caskey, SB 170 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--Banks--1
Absent with leave--Senators
CurlsJacob--2

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

     SB 197, introduced by Senator Klarich, entitled:

     An Act to repeal sections 351.093 and 351.323, RSMo 1994, and section 351.180, RSMo Supp. 1996, relating to corporations, and to enact in lieu thereof four new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Klarich, SB 197 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BanksStaples--2
Absent with leave--Senators
CurlsJacob--2

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

     SB 215, introduced by Senator Quick, entitled:

     An Act to repeal section 595.050, RSMo 1994, relating to the services to victims fund, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Quick, SB 215 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

     The President declared the bill passed.

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

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

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

     SB 175, with SCA 1, introduced by Senator McKenna, entitled:

     An Act to repeal section 247.220, RSMo 1994, relating to public water supply districts, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator McKenna, SB 175, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

     The President declared the bill passed.

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

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

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

     SB 164, introduced by Senator Caskey, entitled:

     An Act to repeal sections 59.330 and 381.031, RSMo 1994, relating to land title records, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Caskey, SB 164 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

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

     SB 189, with SCS, introduced by Senator Caskey, entitled:

     An Act to repeal section 165.011, RSMo Supp. 1996, relating to guaranteed energy saving performance contracts for schools, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 189, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 189

     An Act to repeal section 165.011, RSMo Supp. 1996, relating to guaranteed energy saving performance contracts for schools, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Caskey moved that SCS for SB 189 be adopted, which motion prevailed.

     On motion of Senator Caskey, SCS for SB 189 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

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

HOUSE BILLS ON THIRD READING

     HB 14, with SCA 1, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 1997.

     Was taken up by Senator Lybyer.

     SCA 1 was taken up.

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

     Senator Johnson assumed the Chair.

     On motion of Senator Lybyer, HB 14, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

     The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

     Senator Klarich moved that SB 55, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 55, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 55

     An Act to repeal section 288.040, RSMo Supp. 1996, relating to unemployment benefit eligibility, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Klarich moved that SCS for SB 55 be adopted.

     Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 55, Page 6, Section 288.040, Line 178, by adding after the word "strike" the following words: "by withholding their service"; and

     Further amend said section, line 183, by striking the words "during the strike" and replacing in lieu thereof the words "directly related to the bargaining process that resulted in the strike.".

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

     Senator Klarich moved that SCS for SB 55, as amended, be adopted, which motion prevailed.

     On motion of Senator Klarich, SCS for SB 55, as amended, was declared perfected and ordered printed.

     Senator Staples moved that SB 132, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     On motion of Senator Staples, SB 132, as amended, was declared perfected and ordered printed.

     Senator House moved that SB 168, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 168, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 168

     An Act to repeal sections 163.161, 167.270 and 167.275, RSMo 1994, and section 166.275, RSMo Supp. 1996, relating to education, and to enact in lieu thereof five new sections relating to the same subject.

     Was taken up.

     Senator House moved that SCS for SB 168 be adopted.

     Senator House offered SS for SCS for SB 168, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 168

     An Act to repeal sections 163.161, 167.270 and 167.275, RSMo 1994, and section 166.275, RSMo Supp. 1996, relating to education, and to enact in lieu thereof five new sections relating to the same subject.

     Senator House moved that SS for SCS for SB 168 be adopted.

     Senator Bentley offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 9, Section 170.015, Lines 7 and 8, by striking all of said lines.

     Senator Bentley moved that the above amendment be adopted.

     At the request of Senator Bentley, SA 1 was withdrawn.

     At the request of Senator House, SB 168, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 257, entitled:

     An Act to repeal sections 361.170 and 362.610, RSMo 1994, relating to financial institutions, and to enact in lieu thereof twelve new sections relating to the same subject, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 99, entitled:

     An Act to repeal section 64.725, RSMo Supp. 1996, relating to county planning, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

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

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 277, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Darwin Johnson, Gallatin, which was adopted.

     Senator House offered Senate Resolution No. 278, regarding Dale Brown, which was adopted.

     Senator House offered Senate Resolution No. 279, regarding Marvin Freeman, which was adopted.

     Senator House offered Senate Resolution No. 280, regarding Phyllis Schneider, St. Charles, which was adopted.

     Senator Graves offered Senate Resolution No. 281, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Cramer Mansur, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 282, regarding Midwest Hanger Company, Cameron, which was adopted.

CONCURRENT RESOLUTIONS

     Senator DePasco moved that SCR 17 be taken up for adoption, which motion prevailed.

     On motion of Senator DePasco, SCR 17 was adopted by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoFlotronGoodeGraves
HouseHowardJohnsonKenney
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
WestfallWigginsYeckel--27
Nays--Senators--None
Absent--Senators
BentleyEhlmannKinderSchneider
Staples--5
Absent with leave--Senators
CurlsJacob--2

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 163 be taken up for perfection, which motion prevailed.

     On motion of Senator Caskey, SB 163 was declared perfected and ordered printed.

     Senator Mathewson moved that SB 128, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     Senator Clay offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 128, Page 5, Section 408.232, Line 3, by deleting the opening bracket, "[", from said line; and further amend said line by inserting immediately after the word "which", the following: ", for any loan commenced prior to the effective date of this section,"; and further amend line 4, by deleting the closing bracket, "]", and inserting in lieu thereof the following: "and, for any loan commenced on or after the effective date of this section, shall be".

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

     Senator DePasco offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 128, page 7, Section 408.233, Line 63, by inserting the following immediately following said line:

     "Section 1. No person, bank, holding company, trust company, partnership, association, corporation or other legal entity may establish, maintain or operate an automated device that processes financial transactions which involve credit cards on an excursion gambling boat. For purposes of this section, term "credit card" shall be as defined in the Consumer Credit Protection Act, 15 U.S.C. Section 1602 (k), or successor acts, and the term "excursion gambling boat" shall be as defined in section 313.800.

     2. Violation of the provisions of subsection 1 of this act shall be a class C misdemeanor.".

     Senator DePasco moved that the above amendment be adopted.

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

     On motion of Senator Mathewson, SB 128, as amended, was declared perfected and ordered printed.

     Senator Russell moved that SB 67, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

     Senator Staples assumed the Chair.

     Senator Banks assumed the Chair.

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

     Senator Singleton offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 67, Page 2, Section 238.302, Line 32, by deleting following "bridges" the ", tunnels or highways"; and further delete on line 35 following "bridges" ", tunnels or highways".

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

     Senator Ehlmann offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 67, Page 4, Section 238.365, Line 12, by adding, at the end of that Section, the following: "In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation. No prosecuting authority may bring any legal proceedings against a rental or leasing company under this section unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within fifteen days of receipt of such notice.".

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

     On motion of Senator Russell, SB 67, as amended, was declared perfected and ordered printed.

     Senator Lybyer moved that SB 299 be taken up for perfection, which motion prevailed.

     Senator Klarich offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 299, Page 1, Section 21.145, Line 6, by adding after the period on said line, the following:

"Any increase in per diem contained herein shall not become effective until the General Assembly enacts lobbyist reform legislation containing restrictions at least equal to those restrictions contained in the Rules of the Senate for the 89th Session of the General Assembly.".

     Senator Klarich moved that the above amendment be adopted.

     Senator Johnson resumed the Chair.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Bill No. 299, Page 1, Section 21.145, by amending said amendment, Line 5, before the word "Legislation", add the following: "expenditure limitation." and delete the remaining language.

     Senator Klarich moved that the above amendment be adopted.

     Senator Flotron offered SSA 1 for SA 1 to SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Bill No. 299, Page 1, Section 21.145, Lines 4-7, by deleting those lines and inserting in lieu thereof the following, "effective until each body of the general assembly enacts rules limiting the receipts of gifts from lobbyists substantially equal to those restrictions contained in the rules of the Senate for the 89th session of the General Assembly.".

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

     SA 1, as amended, was again taken up.

     Senator Mathewson resumed the Chair.

     Senator Jacob raised the point of order that SA 1, as amended, is out of order in that the amendment goes beyond the scope of the title and subject of the bill.

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

     On motion of Senator Lybyer, SB 299 was declared perfected and ordered printed.

     Senator House moved that SB 247 be taken up for perfection, which motion prevailed.

     Senator House offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 247, Page 2, Section 135.550, Line 42, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 2, Section 135.550, Line 44, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 2, Section 135.550, Line 47, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 2, Section 135.550, Line 50, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 3, Section 135.550, Line 57, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 3, Section 135.550, Line 60, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 3, Section 135.550, Line 63, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 3, Section 135.550, Line 65, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 3, Section 135.550, Line 67, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 3, Section 135.550, Line 69, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 3, Section 135.550, Line 71, by striking the word "health" and inserting in lieu thereof the words "social services"; and

     Further amend said bill, Page 3, Section 135.550, Lines 75-79, by striking all of said lines; and

     Further amend said bill, Pages 5-6, Section 135.600, Lines 76-80, by striking all of said lines.

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

     On motion of Senator House, SB 247, as amended, was declared perfected and ordered printed.

     Senator Banks moved that SB 263, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 263, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 263

     An Act to repeal sections 660.100, 660.105, 660.110, 660.115, 660.120, 660.122, 660.125 and 660.135, RSMo 1994, and section 660.130, RSMo Supp. 1996, relating to the funding of the Missouri utilicare and related energy assistance programs, and to enact ten new sections relating to the same subject, with an emergency clause.

     Was taken up.

     Senator Banks moved that SCS for SB 263 be adopted.

     Senator Banks offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 4, Section 660.115, Line 30, by striking the word "of" and inserting in lieu thereof the word "or".

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

     Senator Banks offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 6, Section 660.122, Line 39, by striking all of the following: "Any primary or secondary cooling source supplier subject"; and further amend lines 40 to 45, by striking all of said lines; and further amend line 46, by striking "with the terms of such extreme heat rule." and inserting in lieu thereof the following: "All home energy suppliers receiving funds under this section shall provide service to eligible households consistent with their contractual agreements with the department of social services.".

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

     Senator Singleton offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 2, Section 660.110, by deleting all new language lines 4, 5, 6, 7.

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

     Senator Singleton offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 4, Section 660.115, Line 35, by adding after "year" a period "." and deleting the remaining line including period ".".

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

     Senator Singleton offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Committee Substitute for Senate Bill No. 263, Page 7, Section 660.135, Line 1, by removing brackets from around "five" and deleting "twenty".

     Senator Singleton moved that the above amendment be adopted.

     At the request of Senator Banks, SB 263, with SCS and SA 5 (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 407--By Howard.

     An Act to amend sections 221.405 and 221.410, RSMo 1994, relating to regional jail districts, and to enact in lieu thereof two new sections relating to the same subject.

     SB 408--By Jacob.

     An Act relating to energy costs.

     SB 409--By McKenna and Goode.

     An Act to repeal sections 643.020, 643.225, 643.242 and 643.250, RSMo 1994, relating to asbestos abatement projects, and to enact in lieu thereof four new sections relating to the same subject.

     SB 410--By Mathewson.

     An Act to repeal section 407.950, RSMo Supp. 1996, relating to the wheelchair lemon law, and to enact in lieu thereof one new section relating to the same subject.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 18, 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.

     Senator Scott, Chairman of the Committee on Corrections and General Laws, submitted the following reports:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 141, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 346, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 347, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following reports:

     Mr. President: Your Committee on Commerce and Environment, to which was referred SB 289, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Commerce and Environment, to which was referred SB 342, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 112, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 112, Page 1, Section 89.100, Line 2, by striking "association" and inserting in lieu thereof the following: "any neighborhood organization as defined in section 32.105, RSMo,"; and

     Further amend said bill, page 2, section 89.110, line 2, by striking "association" and inserting in lieu thereof the following: "any neighborhood organization as defined in section 32.105, RSMo,".

RESOLUTIONS

     Senator DePasco offered Senate Resolution No. 283, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Tad Dec, Kansas City, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Staples introduced to the Senate, Roger Hoen and Kevin Tinker, Farmington.

     Senator Flotron introduced to the Senate, Josephine Emerick, and her children, Adam and Erin, St. Louis; and Adam and Erin were made honorary pages.

     Senator Westfall introduced to the Senate, Dr. Anson Elliott, Dr. Johnson, and members of the Southwest Missouri State Collegiate Farm Bureau, Adrienne Nielson, Suzanne Biglieni, Janet Adkison, Tom Howard, Jay Shepherd, Stacy Cornell, Greg Black and Jeremy Hayward.

     Senator Wiggins introduced to the Senate, Dr. Tom Purcell, Kansas City.

     Senator Graves introduced to the Senate, twenty students from Northwest Missouri State University.

     Senator Mueller introduced to the Senate, Bill Remert, Kirkwood.

     Senator Wiggins introduced to the Senate, civic leaders and members of the Raytown Chamber of Commerce.

     Senator Howard introduced to the Senate, Shirley K. Davis, Caruthersville.

     Senator Rohrbach introduced to the Senate, Gary Harris, Boonville; and George Luther, Shawnee, Kansas.

     On motion of Senator Quick, the Senate adjourned under the rules.