Journal of the Senate

FIRST REGULAR SESSION


FORTY-NINTH DAY--WEDNESDAY, APRIL 9, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, the Bible teaches, "A friend loves at all times." We are thankful for the friends we have at the Capitol. We come from different backgrounds and traditions; but we have learned love and respect for one another. Thank You for giving to us, friends. In Jesus 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.

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

Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Mueller offered Senate Resolution No. 583, regarding Leslie M. Deckard, Kirkwood, which was adopted.

     Senator Russell offered Senate Resolution No. 584, regarding the Marshfield High School Girls Basketball Team, which was adopted.

     Senator Flotron offered Senate Resolution No. 585, regarding Aaron Loehr, Maryland Heights, which was adopted.

     Senator Staples offered Senate Resolution No. 586, regarding Farmington High School's Interdisciplinary Teams, which was adopted.

     Senator Lybyer offered Senate Resolution No. 587, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Jim Gentry, Cabool, which was adopted.

     Senator Lybyer offered Senate Resolution No. 588, regarding Ellen Loren Cardin, which was adopted.

     SENATE BILLS FOR PERFECTION

     Senator Maxwell moved that SB 223, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SB 223, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 223

     An Act to repeal sections 354.400, 354.405, 354.410, 354.430, 354.470, 354.490, 354.505, 354.515, 354.535, 374.500, 374.507 and 374.510, RSMo 1994, and sections 376.381 and 376.811, RSMo Supp. 1996, relating to managed care organizations, and to enact in lieu thereof forty-eight new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Maxwell moved that SCS for SB 223 be adopted.

     Senator Howard offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 223, Page 38, Section 354.618, Line 3, by striking the word "or" and inserting in lieu thereof a comma","; and

     Further amend said bill, Page 38, Section 354.618, Line 3, by inserting immediately after the word "provider" the following: "or a chiropractor"; and

     Further amend said bill, Page 38, Section 354.618, Line 6, by striking the word "or" and inserting in lieu thereof a comma","; and

     Further amend said bill, Page 38, Section 354.618, Line 6, by inserting immediately after the word "provider" the following: "or a chiropractor"; and

     Further amend said bill, Page 38, Section 354.618, Line 9, by striking the word "or" and inserting in lieu thereof a comma","; and

     Further amend said bill, Page 38, Section 354.618, Line 9, by inserting immediately after the word "provider" the following: "or a chiropractor"; and

     Further amend said bill, Page 38, Section 354.618, Line 10, by striking the word "or" and inserting in lieu thereof a comma","; and

     Further amend said bill, Page 38, Section 354.618, Line 10, by inserting immediately after the word "provider" the following: "or a chiropractor"; and

     Further amend said bill, Page 39, Section 354.618, Line 18, by inserting immediately after the word "medicine." the following: "For the purposes of this section a chiropractor shall be licensed pursuant to chapter 331, RSMo.".

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

     At the request of Senator Maxwell, SB 223, with SCS, as amended (pending), was placed on the Informal Calendar.

REFERRALS

     President Pro Tem McKenna referred SS for SCS for SB 327 to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

     HB 1, introduced by Representative Lumpe, entitled:

     An Act to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Third State Building Bonds and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund and Fourth State Building Fund, and to transfer money among certain funds for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     On motion of Senator Lybyer, HB 1 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsFlotronSims--4
Absent with leave--Senators--None

     The President Pro Tem 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.

     HCS for HB 2, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money from the General Revenue Fund to the State School Moneys Fund, and to transfer money from the General Revenue Fund to the Video Instructional Development and Educational Opportunity Fund, and to transfer money from the General Revenue Fund to the Outstanding Schools Trust Fund, and to transfer money from the Gaming Proceeds for Education Fund to the State School Moneys Fund and to transfer money from the Gaming Proceeds for Education Fund to the School District Bond Fund and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 2, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 2

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money from the General Revenue Fund to the State School Moneys Fund, and to transfer money from the General Revenue Fund to the Video Instructional Development and Educational Opportunity Fund, and to transfer money from the General Revenue Fund to the Outstanding Schools Trust Fund, and to transfer money from the Gaming Proceeds for Education Fund to the State School Moneys Fund and to transfer money from the Gaming Proceeds for Education Fund to the School District Bond Fund and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 2 be adopted.

     Senator Klarich raised the point of order that Section 2.201 is not a true appropriation, but a legislative act under Article III.

     President Pro Tem McKenna ruled the point of order not well taken.

     Senator Lybyer moved that SCS for HCS for HB 2 be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 2 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BanksClay--2
Absent with leave--Senators--None

     The President Pro Tem 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.

     HCS for HB 3, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri and to transfer money among certain funds for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 3, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 3

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 3 be adopted.

     Senator Lybyer offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 2, Section 3.020, Line 5, by deleting the number "873,400" and inserting in lieu thereof the number "903,400".

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

     Senator Childers offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 8, Section 3.095, Line 3, by deleting the number "3,675,400" and inserting in lieu thereof the number "3,745,400"; and

     Further amend said bill, page 10, Section 3.111, line 4, by deleting the number "2,699,639" and inserting in lieu thereof the number "2,709,639" and further amend said section, line 9, by deleting the number "2,928,620" and inserting in lieu thereof the number "2,938,620".

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

     Senator Lybyer moved that SCS for HCS for HB 3, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 3, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators
Clay--1
Absent with leave--Senators--None

     The President Pro Tem 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.

PRIVILEGED MOTIONS

     Senator Caskey moved that the Senate refuse to concur in HSA 1 for HCA 1, HA 1 and HA 2 to SCS for SB 430 and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

     HCS for HB 4, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 4, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 4

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 4 be adopted.

     Senator Howard offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 4, Page 2, Section 4.015, by inserting immediately after said section, the following new section:

"Section 4.020. To the Department of Revenue

For the purpose of funding the Motor

Vehicle Commission

Personal Service          $368,106

Expense and Equipment      131,894

From Motor Vehicle Commission Fund $500,000".

     Senator Howard moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Banks, Childers, Mathewson and Scott.

     SA 1 failed of adoption by the following vote:
Yeas--Senators
CurlsHowardJohnson--3
Nays--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseJacob
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Absent--Senators--None
Absent with leave--Senators--None

     Senator Lybyer moved that SCS for HCS for HB 4 be adopted, which motion prevailed.

     Senator Johnson assumed the Chair.

     On motion of Senator Lybyer, SCS for HCS for HB 4 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     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.

HOUSE BILLS ON SECOND READING

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

     HB 82--Commerce and Environment.

     HB 348--Ways and Means.

     HB 470--Local Government and Economic Development.

     HB 592--Corrections and General Laws.

     HB 642--Aging, Families and Mental Health.

     HB 802--Local Government and Economic Development.

     HB 813--Transportation.

     HB 816--Local Government and Economic Development.

     HB 820--Civil and Criminal Jurisprudence.

     HB 821--Financial and Governmental Organization.

     HB 823--Corrections and General Laws.

     HB 844--Civil and Criminal Jurisprudence.

     HB 193--Insurance and Housing.

     HCS for HB 528--Agriculture, Conservation, Parks and Tourism.

     HCS for HBs 600 and 388--Public Health and Welfare.

     HJR 18--Financial and Governmental Organization.

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 487, entitled:

     An Act to repeal section 595.209, RSMo Supp. 1996, relating to victims of crime, and to enact in lieu thereof one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 547, entitled:

     An Act relating to certain operations of government.

     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 817, entitled:

     An Act to repeal section 104.110, RSMo Supp. 1996, relating to the highways and transportation employees' and highway patrol retirement system, and to enact in lieu thereof one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 827, entitled:

     An Act to repeal sections 169.010 and 169.600, RSMo Supp. 1996, relating to the public school retirement system, and to enact in lieu thereof two new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 402, entitled:

     An Act to repeal section 701.051, RSMo 1994, relating to inspection fees for on-site sewage disposal systems, and to enact in lieu thereof one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

REPORTS OF STANDING COMMITTEES

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 540, 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 Civil and Criminal Jurisprudence, to which was referred HB 727, 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 Civil and Criminal Jurisprudence, to which was referred HB 300, 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 HB 213, 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 HB 249, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 249, Page 3, Section 190.328, Line 5, by inserting after the word "classification" the following: "but do not border the Mississippi River"; and

     Further amend said bill, Page 3, Section 190.329, Line 5, by inserting after the word "classification" the following: "but do not border the Mississippi River".

     Also,

     Mr. President: Your Committee on Commerce and Environment, to which was referred HB 713, 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 Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 20; and SS for SB 248, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

     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 President Pro Tem McKenna.

RESOLUTIONS

     Senator Maxwell offered Senate Resolution No. 589, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Jeff Otto, Novelty, which was adopted.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HSA 1 for HCA 1, HA 1, HA 2 to SCS for SB 430 and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for SB 430, as amended: Representatives: Crump, Hosmer, Overschmidt, Townley, Griesheimer.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for SB 430, with HSA 1 for HCA 1, HA 1 and HA 2: Senators Caskey, Scott, Mathewson, Klarich and Graves.

     Senator Mathewson assumed the Chair.

HOUSE BILLS ON THIRD READING

     HCS for HB 5, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 5, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 5

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 5 be adopted.

     Senator Lybyer offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 5, Page 25, Section 5.365, by deleting said section and inserting in lieu thereof the following new section:

"Section 5.365. To the Office of Administration

For paying the approved claims submitted by the county courts for the payment of the costs in criminal cases, and for the transportation of convicted criminals to the state penitentiaries as well as the costs for reimbursement of the expenses associated with extradition, provided that such claims shall be reduced by any amount paid by the state for office space or utility services due to the failure of such city or county to comply with the provisions of section 600.040, RSMo.

From General Revenue

     Fund (0 F.T.E.) .. . .$25,002,500 E".

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

     Senator Lybyer moved that SCS for HCS for HB 5, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 5, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyScottSims--3
Absent with leave--Senators--None

     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.

     HCS for HB 6, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources, Department of Conservation, and for payments to counties for the unimproved value of land in lieu of property taxes for privately owned lands acquired by the Conservation Commission after July 1, 1977 and for lands classified as forest croplands, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 6, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 6

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 6 be adopted.

     Senator Lybyer offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 6, Page 12, Section 6.084, Lines 3-4, by deleting said lines and inserting in lieu thereof the following new lines:

"General Revenue Fund, Three Hundred Fifty Thousand Dollars ($350,000) to the State Fair Fees Fund".

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

     Senator Lybyer moved that SCS for HCS for HB 6, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 6, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BentleySims--2
Absent with leave--Senators--None

     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.

     HCS for HB 8, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 8, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 8

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 8 be adopted.

     Senator Lybyer offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 8, Page 1, Section 8.005, Line 18, by deleting the number "2,096,522" and inserting in lieu thereof the number "2,092,453".

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

     Senator Lybyer moved that SCS for HCS for HB 8, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 8, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyScottStaples--3
Absent with leave--Senators--None

     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.

     HCS for HB 9, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 9, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 9

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 9 be adopted.

     Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 9, Page 15, Section 9.500, Line 3, by deleting the number "$13,394,152" and inserting in lieu thereof the number "$13,416,160"; and

     Further amend said section, line 7, by deleting the number "$23,659,335" and inserting in lieu thereof the number "$23,681,343"; and

     Further amend said bill, page 16, section 9.505, line 6, by deleting the number "$27,030,072" and inserting in lieu thereof the number "$28,040,940".

     Senator Goode moved that the above amendment be adopted.

     President Wilson assumed the Chair.

     Senator Mathewson resumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Singleton offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 9, Page 15, Section 9.500, Line 3, by deleting the number "13,394,152" and inserting in lieu thereof the number "13,416,160"; and further amend said section and line by inserting immediately after said line the following new line:

"Any salary adjustment other than the Governor's recommendation for Fiscal Year 1998 is subject to review and reclassification of probation and parole officers by the Division of Personnel"; and

     Further amend said section, line 7, by deleting the number "$23,659,335" and inserting in lieu thereof the number "$23,681,343"; and

     Further amend said bill, page 16, section 9.505, line 6, by deleting the number "$27,030,072" and inserting in lieu thereof the number "$28,040,940"; and

     Further amend said section, line 6, by inserting immediately after said line the following new line:

"Any salary adjustment other than the Governor's recommendation for Fiscal Year 1998 is subject to review and reclassification of probation and parole officers by the Division of Personnel".

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

     Senator Lybyer moved that SCS for HCS for HB 9, as amended, be adopted, which motion prevailed.

     Senator Maxwell assumed the Chair.

     On motion of Senator Lybyer, SCS for HCS for HB 9, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators
EhlmannMueller--2
Absent--Senators
BanksCurls--2
Absent with leave--Senators--None

     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.

     President Wilson resumed the Chair.

     HCS for HB 10, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health and the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 10, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 10

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health and the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 10 be adopted.

     Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 39, Section 10.685, Lines 3-15, by deleting all of said lines and inserting in lieu thereof the following:

"For the purpose of funding family planning services provided directly by the Division of Maternal, Child and Family Health or provided directly by public health agencies through contractual agreement, provided that none of the funds may be expended for the purpose of performing, promoting or referring for an abortion, and further provided that none of the funds may be expended to subsidize abortion services or administrative expenses as verified by independent audit.

From General Revenue Fund .$4,354,639

From Federal Funds . . . . 1,464,819

For funding to local public health agencies, community action agencies, rural health clinics, hospitals, and physicians' offices to provide pregnancy testing and follow-up services, provided that no money appropriated in this section shall be used to provide, promote or refer for abortion.

From General Revenue Fund .$ 664,000

Total      . . . . . .. . .$6,483,458".

     Senator Klarich moved that the above amendment be adopted.

     Senator Klarich offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 39, Section 10.685, Lines 1-15, by deleting all of said section and inserting in lieu thereof the following:

"Section 10.685. 1. To the Department of Health

For the Division of Maternal, Child and Family Health Care

For funding family planning services at private physicians' offices, public and private hospitals, public health agencies, federally-qualified health centers, community health centers, rural health clinics and community action agencies; provided, however, that none of the funds appropriated under this section shall go to any organization which performs, promotes or refers for abortions as a method of family planning

From General Revenue Fund .$4,354,639

From Federal Funds . . . . 1,464,819

     2. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable. If any provision of this section or the application thereof is held invalid or unconstitutional, then this section is invalid and void. It is the intent of the general assembly that there shall be no appropriation pursuant to this section if all or any part of the appropriation is made contrary to the provisions of this section, and there shall be no appropriation pursuant to this section if all or any part of this section is held invalid or unconstitutional.

For funding to local public health agencies, rural health clinics, physicians' offices and hospitals to provide pregnancy testing and follow-up services

From General Revenue Fund .$664,000

Total (O.F.T.E.) . . . . .$6,483,458".

     Senator Klarich moved that the above substitute amendment be adopted.

     Senator Lybyer requested a roll call vote be taken on the adoption of SSA 1 for SA 1 and was joined in his request by Senators Mueller, Quick, Sims and Wiggins.

     SSA 1 for SA 1 failed of adoption by the following vote:
Yeas--Senators
ChildersEhlmannFlotronGraves
HouseKenneyKlarichMueller
RohrbachSchneider--10
Nays--Senators
BanksBentleyCaskeyClay
GoodeHowardJacobJohnson
KinderLybyerMathewsonMaxwell
McKennaQuickRussellScott
SimsSingletonStaplesWestfall
WigginsYeckel--22
Absent--Senators
CurlsDePasco--2
Absent with leave--Senators--None

     SA 1 was again taken up.

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

     Senator House offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 40, Section 10.690, Lines 9 and 10, by striking the words "excluding any service not consistent with the requirements of Sections 188.200 to 188.220, RSMo." and inserting in their stead the words, "provided that no money appropriated in this section, and no state employee or facility which operates with funds appropriated in this section, may be used to promote abortion or directly or indirectly refer a woman elsewhere for the purpose of an abortion other than an abortion necessary to prevent the death of the woman."; and

     Further amend said section, line 3, by inserting after the word "departments" the following: ", community action agencies as defined in section 660.370 RSMo.".

     Senator House moved that the above amendment be adopted and requested that a roll call vote be taken. He was joined in his request by Senators Childers, Mueller, Russell and Singleton.

     SA 2 failed of adoption by the following vote:
Yeas--Senators
ChildersEhlmannFlotronGraves
HouseKenneyKinderKlarich
MuellerRohrbachRussellSchneider
ScottYeckel--14
Nays--Senators
BanksBentleyCaskeyClay
GoodeHowardJacobJohnson
LybyerMathewsonMaxwellMcKenna
QuickSimsSingletonStaples
WestfallWiggins--18
Absent--Senators
CurlsDePasco--2
Absent with leave--Senators--None

     Senator Lybyer moved that SCS for HCS for HB 10 be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 10 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators
ChildersKenney--2
Absent--Senators
Curls--1
Absent with leave--Senators--None

     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.

     HCS for HB 11, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 11, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 11

     An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 11 be adopted.

     Senator Klarich offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 29, Section 11.315, by adding the following:

"For Division of Youth Services

For the purpose of funding community based youth services job programs pursuant to Section 219.091 RSMo          $150,000.00".

     Senator Klarich moved that the above amendment be adopted.

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

     Senator Lybyer moved that SCS for HCS for HB 11 be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 11 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsEhlmann--2
Absent with leave--Senators--None

     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.

REPORTS OF STANDING COMMITTEES

     Senator Scott, Chairman of the Committee on State Budget Control, submitted the following reports:

     Mr. President: Your Committee on State Budget Control, to which were referred SS for SCS for SB 327; SS for SB 208; SB 264; SB 24; SB 176; SS for SB 271; and SCS for SB 263, begs leave to report that it has considered the same and recommends that the bills do pass.

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SCS for SBs 457 and 458; SCS for SB 319; SB 21; and SB 298, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

RESOLUTIONS

     Senator Howard offered Senate Reseolution No. 590, regarding David Pedro Gravseth, Poplar Bluff, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 591, regarding Mrs. Bev Holloran, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Clay introduced to the Senate, the Physician of the Day, Corinna Hendrell, M.D., St. Louis.

     Senator Mathewson introduced to the Senate, Jane, Joyce and Dylon Neville, Lexington; and Dylon was made an honorary page.

     Senator Kenney introduced to the Senate, Chris Brown, Stephanie Hill, Peggy Peterson, and students from the Hickman Mills School District.

     Senator Caskey introduced to the Senate, Sarah Schwartz, and forty-eight students from the Warrensburg Middle School, Warrensburg.

     Senator Rohrbach introduced to the Senate, Danella Joe and Jediah Mae Churchill, Chicago, Illinois.

     On behalf of Senator Singleton and himself, Senator Westfall introduced to the Senate, Dr. Swearingen and Dr. Burton, Lamar.

     Senator Maxwell introduced to the Senate, Kim Kesner, Hannibal.

     Senator Maxwell introduced to the Senate, Chad, Gene and Chris Ledbetter, Hannibal.

     Senator Jacob introduced to the Senate, nine through twelfth grade students from Douglas School, Columbia.

     Senator Jacob introduced to the Senate, four through twelfth grade students from Harrisburg.

     Senator Howard introduced to the Senate, Robinn Daves-Huey, Dexter; Karen Golden, Hiram; Bess Bilbrey, Williamsville; Judy Daves, Silva; Jeff and Pauline Moore, Piedmont; Bill and Eva Asher, Patterson; and Ray and Phyllis Robertson, Qulin.

     Senator Rohrbach introduced to the Senate, Joyce Boudria, and twenty-eight fourth grade students from St. Elizabeth School, St. Elizabeth.

     Senator Westfall introduced to the Senate, Boone Middleton, and eighth grade students from Marionville.

     Senator Schneider introduced to the Senate, Betty Scheller, and students from Walker Elementary, St. Louis; and Mike Lara, Miranda Christie, Shady David and Melanie Tobin were made honorary pages.

     Senator Kinder introduced to the Senate, his parents, Dr. and Mrs. James Kinder, Cape Girardeau.

     Senator Klarich introduced to the Senate, Ann Reilly, Susan Davis and Girl Scout Troop 3154 from Ballwin Elementary School, Ballwin.

     Senator Wiggins introduced to the Senate, Chris Deckwitz, Berlin Germany; and David Capehart, Kansas City.

     Senator Russell introduced to the Senate, Gary Murphy, David Geurin, and the Class 3A State Champion Marshfield Lady Jays High School Basketball Team, Marshfield.

     Senator Scott introduced to the Senate, Mayor-elect Clarence Harmon, St. Louis.

     On behalf of Senator Mathewson, the President introduced to the Senate, Bud Summers, Saline County.

     Senator Childers introduced to the Senate, Tyler Laney and Jim Fhorton, Crane.

     Senator Westfall introduced to the Senate, eighth grade students from Walnut Grove.

     Senator Quick introduced to the Senate, Lisa Douthit, and eight fourth and sixth grade students from Oak Hill Day School, Gladstone; and Lauren Treat, Lindsey Douthit, Helen Schneider and Ryan Al-Salman were made honorary pages.

     Senator Quick introduced to the Senate, Melanie Holden, and Girl Scout Troop 1516, Kansas City; and Dena Tarwater, Taylor Zink, Brooke Taylor, Laura Cantu, Katie Freuk and Kalyca Lawrence were made honorary pages.

     Senator Westfall introduced to the Senate, Richard Biedler, Sarcoxie.

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