Journal of the Senate

FIRST REGULAR SESSION


FIFTIETH DAY--THURSDAY, APRIL 10, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, what others think is important to us; but even more important is what we think of ourselves. We are more concerned about what You think about us. Help us to make decisions every day that we can live with and that are pleasing in Your sight. 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.

CONCURRENT RESOLUTIONS

     Senator Howard moved that SCR 21 be taken up for adoption, which motion prevailed.

     On motion of Senator Howard, SCR 21 was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoFlotron
GoodeGravesHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
EhlmannHouseSchneider--3
Absent with leave--Senators--None

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 SCR 23, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

CONCURRENT RESOLUTIONS

     Senator Goode moved that SCR 7, with SCS, be taken up for adoption, which motion prevailed.

     On motion of Senator Goode, SCS for SCR 7 was adopted 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

     Senator Johnson assumed the Chair.

     Senator Caskey moved that SCR 23 be taken up for adoption, which motion prevailed.

     On motion of Senator Caskey, SCR 23 was adopted 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

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Kinder moved that the vote by which SS for SCS for SB 345 failed on perfection be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BentleyClayCurlsDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachScottSimsStaples
WestfallWigginsYeckel--27
Nays--Senators
CaskeyChildersKlarichRussell
Singleton--5
Absent--Senators
BanksSchneider--2
Absent with leave--Senators--None

     Senator McKenna moved that SS for SCS for SB 345, as amended, be declared perfected and ordered printed, which motion prevailed.

HOUSE BILLS ON SECOND READING

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

     HB 402--Commerce and Environment.

     HB 487--Civil and Criminal Jurisprudence.

     HB 547--Financial and Governmental Organization.

     HB 817--Elections, Pensions and Veterans' Affairs.

     HB 827--Elections, Pensions and Veterans' Affairs.

REFERRALS

     President Pro Tem McKenna referred SCS for SB 319 and SS for SB 248 to the Committee on State Budget Control.

     President Pro Tem McKenna referred HCR 13 to the Committee on Corrections and General Laws.

     President Pro Tem McKenna referred SCR 22 to the Committee on Rules, Joint Rules and Resolutions.

REPORTS OF STANDING COMMITTEES

     Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

     Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     Cassandra C. Herrman, as a member of the Community Service Commission;

     Also,

     Jeannette A. Wessel, Anne G. Rottmann, Mary Louise Brown and Julie M. March, as members of the Missouri Historical Records Advisory Board;

     Also,

     Patricia R. Porterfield and Patricia A. Versluis, as members of the State Board of Nursing;

     Also,

     Loretta M. Wilcox, as a member of the Missouri Southern State College Board of Regents;

     Also,

     Dorothy M. Creager and Wayne K. Mueller, as members of the Board of Boiler and Pressure Vessel Rules;

     Also,

     Harold L. Poynter, as a member of the State Board of Optometry;

     Also,

     Katherine K. Wesselschmidt, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund;

     Also,

     R. Thomas Dunn, Jr., as a member of the Missouri Veterinary Medical Board;

     Also,

     Joseph D. Wrinkle, as a member of the Missouri Planning Council for Developmental Disabilities;

     Also,

     Nathan R. Williams, as a member of the State Advisory Council on Emergency Medical Services;

     Also,

     Phillip L. Gould, Robert B. Herrmann and Thomas R. Schwetye, as members of the Seismic Safety Commission;

     Also,

     Jacqueline McKinsey, as a member of the Missouri Women's Council;

     Also,

     Brenda S. Lampton, as a member of the State Fair Commission.

     Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

HOUSE BILLS ON THIRD READING

     HB 410, introduced by Representative Bray, entitled:

     An Act to repeal section 177.091, RSMo 1994, relating to the sale of school property, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was taken up by Senator Scott.

     On motion of Senator Scott, HB 410 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--McKenna--1
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichMathewsonMaxwell
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
LybyerMcKenna--2
Absent with leave--Senators--None

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

     Senator Scott 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 356, with SCS, entitled:

     An Act to repeal sections 104.103, 104.374, 104.415, 104.612, 476.450 and 476.580, RSMo 1994, and sections 104.335, 104.395, 104.515, 287.820, 476.539 and 476.601, RSMo Supp. 1996, relating to retirement of state officers and employees, and to enact in lieu thereof twelve new sections relating to the same subject.

     Was taken up by Senator Scott.

     President Pro Tem McKenna resumed the Chair.

     SCS for HCS for HB 356, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 356

     An Act to repeal sections 104.010, 104.103, 104.340, 104.350, 104.371, 104.372, 104.374, 104.401, 104.415, 104.420, 104.470, 104.490, 104.519, 104.602, 104.612, 104.620, 105.691, 287.812, 287.835, 287.845, 287.856, 476.450, 476.480, 476.520, 476.524, 476.530, 476.555, 476.580 and 476.595, RSMo 1994, and sections 104.312, 104.335, 104.342, 104.395, 104.410, 104.515, 104.517, 104.530, 104.800, 287.820, 476.515, 476.539, 476.601 and 476.690, RSMo Supp. 1996, relating to certain state retirement systems, and to enact in lieu thereof forty-three new sections relating to the same subject.

     Was taken up.

     Senator Scott moved that SCS for HCS for HB 356 be adopted, which motion prevailed.

     On motion of Senator Scott, SCS for HCS for HB 356 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 Pro Tem declared the bill passed.

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

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

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

THIRD READING OF SENATE BILLS

     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 by Senator Banks.

     On motion of Senator Banks, SCS for SB 263 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoFlotronGraves
HouseHowardJacobJohnson
KlarichMathewsonMaxwellMcKenna
MuellerQuickSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--26
Nays--Senators
ChildersEhlmannGoodeKenney
KinderRohrbachRussell--7
Absent--Senators--Lybyer--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
DePascoFlotronGravesHouse
HowardJacobJohnsonKinder
MathewsonMcKennaMuellerQuick
RussellSchneiderScottSims
StaplesWestfallWigginsYeckel--24
Nays--Senators
ChildersEhlmannGoodeKenney
KlarichLybyerMaxwellRohrbach
Singleton--9
Absent--Senators--Curls--1
Absent with leave--Senators--None

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

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

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

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

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 adopt SCS for HCS for HB 2 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 3, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 4 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 5, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 6, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HJRs 13 and 6, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39(a) of article III of the Constitution of Missouri, relating to bingo and adopting one new section in lieu thereof 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 HS for HCS for HB 738, entitled:

     An Act to repeal sections 565.024 and 577.023, RSMo 1994, and sections 302.302, 302.309, 302.505, 302.545, 304.012, 577.020 and 577.041, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and 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 13, entitled:

     An Act to appropriate money for real property leases, related services, utilities, systems furniture, and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds, for the period beginning July 1, 1997, and ending June 30, 1998.

     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 17, entitled:

     An Act to appropriate money for capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities, including installation, modification and renovation of facility components, equipment or systems, and to transfer money among certain funds.

     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 19, entitled:

     An Act to authorize the commencement of certain projects to be funded from the Third State Building Fund and the Third State Building Trust Fund pursuant to Article III, Section 37(d) of the Constitution of the State of Missouri and Section 8.275 RSMo.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Schneider moved that the vote by which SS for SB 271, as amended, was perfected be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
CaskeyChildersClayCurls
DePascoEhlmannFlotronGoode
HouseHowardJacobJohnson
KinderKlarichMathewsonMaxwell
McKennaQuickRohrbachRussell
SchneiderScottStaplesWestfall
Wiggins--25
Nays--Senators
GravesKenneyMuellerSims
SingletonYeckel--6
Absent--Senators
BanksBentleyLybyer--3
Absent with leave--Senators--None

     Having voted on the prevailing side, Senator Schneider moved that the vote by which SS for SB 271, as amended, was adopted be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyClayCurls
DePascoEhlmannFlotronGoode
HouseHowardJacobJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaQuickRussell
SchneiderScottSimsStaples
WestfallWiggins--26
Nays--Senators
BentleyChildersGravesKenney
MuellerRohrbachSingletonYeckel--8
Absent--Senators--None
Absent with leave--Senators--None

     At the request of Senator Schneider, SB 271, with SS, as amended (pending), was placed on the Informal Calendar.

     Senator Mathewson assumed the Chair.

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SB 271, with SS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS for SB 271, as amended, was again taken up.

     At the request of Senator McKenna, SS for SB 271, as amended, was withdrawn.

     Senator Schneider offered SS No. 2 for SB 271, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 271

     An Act to repeal section 537.610, RSMo 1994, relating to sovereign immunity, and to enact in lieu thereof one new section relating to the same subject.

     Senator Schneider moved that SS No. 2 for SB 271 be adopted.

     Senator Quick offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 2 for Senate Bill No. 271, Page 1, Section 537.610, Line 10 of said page, by inserting after the word "dollars" the following: "in addition to reasonable and necessary medical expenses"; and

     Further amend said bill, page and section, line 11, by striking "three" and inserting in lieu thereof the following: "two"; and further amend said line, by inserting after the word "dollars" the following: "in addition to reasonable and necessary medical expenses not to exceed two hundred fifty thousand dollars"; and

     Further amend said bill and section, page 2, line 5, by inserting after the word "dollars" the following: "in addition to reasonable and necessary medical expenses"; and

     Further amend said bill, page and section, line 6, by striking "three" and inserting in lieu thereof the following: "two"; and

     Further amend said bill, page and section, line 7, by inserting after the word "dollars" the following: "in addition to reasonable and necessary medical expenses not to exceed two hundred fifty thousand dollars"; and

     Further amend said bill, page and section, line 14, by inserting after the word "dollars" the following: "in addition to reasonable and necessary medical expenses,"; and

     Further amend said bill, page and section, line 15, by placing an opening and closing bracket "[ ]" around the word "his" and inserting after the word "his" the following: "the claimant's"; and

     Further amend said bill, page and section, line 21, by striking "three" and inserting in lieu thereof the following: "two"; and

     Further amend said bill, page, section and line by inserting immediately after the word "dollars" the following: "in addition to reasonable and necessary medical expenses not to exceed two hundred fifty thousand dollars."; and

     Further amend said bill, Page 3, Section 537.610, Line 4, by inserting after all of said line the following:

     "6. The increased amounts of liability set in this act shall be applicable only to causes of action arising on or after August 28, 1997.

     7. When an award is made pursuant to this section, any amount included for reasonable and necessary medical expenses shall not be used in the calculation of an attorney's contingency fee in such case.".

     Senator Quick moved that the above amendment be adopted.

     Senator Staples assumed the Chair.

     Senator Schneider requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators House, Jacob, Kinder and Maxwell.

     SA 1 was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BanksCurls--2
Absent with leave--Senators--None

     Senator Kenney offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute No. 2 for Senate Bill No. 271, Page 2, Section 537.610, Lines 22-28, by deleting all of said lines; and further amend said bill, page 3, lines 1-4, by deleting all of said lines.

     Senator Kenney moved that the above amendment be adopted.

     Senator Johnson resumed the Chair.

     Senator Schneider offered SSA 1 for SA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute No. 2 for Senate Bill No. 271, Page 2, Section 536.610, Line 28, by striking the word "calculated" and insert "determined".

     Senator Schneider moved that the above substitute amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Jacob, Maxwell, Russell and Wiggins.

     SSA 1 for SA 2 was adopted by the following vote:
Yeas--Senators
BanksCaskeyClayCurls
DePascoEhlmannJacobJohnson
KlarichMathewsonMaxwellQuick
SchneiderScottStaplesWiggins--16
Nays--Senators
BentleyChildersFlotronGoode
HowardKenneyKinderMueller
RohrbachRussellSimsSingleton
WestfallYeckel--14
Absent--Senators
GravesHouseLybyer--3
Absent with leave--Senators--McKenna--1

     Senator Mathewson resumed the Chair.

     At the request of Senator Schneider, SB 271, with SS No. 2, as amended (pending), was placed on the Informal Calendar.

CONFERENCE COMMITTEE REPORTS

     Senator Caskey, on behalf of the conference committee appointed 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, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 430

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for Senate Bill No. 430 begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Amendment No. 2;

     2. That the Senate recede from its position on House Substitute Amendment No. 1 for House Committee Amendment No. 1 and House Amendment No. 1; and

     3. That Senate Committee Substitute for Senate Bill 430 with Conference Committee Amendment No. 1 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Harold Caskey      /s/ Wayne Crump

/s/ Jim Mathewson      /s/ Craig Hosmer

/s/ John E. Scott      /s/ Francis Overschmidt

/s/ Sam Graves      /s/ John E. Griesheimer

/s/ David Klarich      Merrill Townley

CONFERENCE COMMITTEE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 430, Page 10, Section 595.020, Line 69, by adding immediately after said line, the following:

     "Section 1. 1. In any action challenging any rule promulgated pursuant to the provisions of this act, the agency, as defined in section 536.010, RSMo, promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

     2. The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails in such action.

     3. All rules promulgated pursuant to the provisions of this section, shall expire on August 28 of the year after the year in which the rule became effective unless the general assembly extends by statute the rule or set of rules beyond that date to a date specified by the general assembly.

     4. Any rulemaking authority granted pursuant to the provisions of this act, is subject to any rulemaking authority contained in chapter 536, RSMo, including any subsequent amendments to chapter 536, RSMo.

     5. The provisions of this section shall not take effect if legislation amending the provisions of section 536.024, RSMo, has been signed into law prior to the effective date of this act.

     6. The provisions of this section shall not apply to any rules promulgated pursuant to chapter 595, RSMo."; and

     Further amend the title and enacting clause accordingly.

     Senator Caskey moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--McKenna--1

     On motion of Senator Caskey, SCS for SB 430, as amended by the conference committee report, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--McKenna--1

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Scott--1
Absent with leave--Senators--McKenna--1

     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 SECOND READING

     On behalf of President Pro Tem McKenna, Senator Quick made the following referrals:

     HB 339--Civil and Criminal Jurisprudence.

     HS for HCS for HB 335--Aging, Families and Mental Health.

THIRD READING OF SENATE BILLS

     SS for SB 208, introduced by Senator Maxwell, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 208

     An Act to repeal sections 41.435, 42.002 and 42.105, RSMo 1994, and section 173.239, RSMo Supp. 1996, relating to the Missouri national guard, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     At the request of Senator Maxwell, SS for SB 208 was placed on the Informal Calendar.

     SB 24, introduced by Senator Curls, entitled:

     An Act to amend chapter 376, RSMo, by adding thereto one new section relating to certain health care benefits.

     Was taken up.

     On motion of Senator Curls, SB 24 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMuellerRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--Rohrbach--1
Absent--Senators--None
Absent with leave--Senators
McKennaQuick--2

     The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 374, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

     Senator Westfall offered Senate Resolution No. 592, regarding the Seventy-fifth Wedding Anniversary of Mr. and Mrs, Albert Simpson, El Dorado Springs, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Bentley introduced to the Senate, the Physician of the Day, her husband, Dr. John Bentley, Springfield.

     On behalf of Senator Rohrbach and himself, Senator Russell introduced to the Senate, Kim Bechtal, and thirty-eight fourth grade students from Osage Beach School, Osage Beach.

     Senator Caskey introduced to the Senate, eight students from Lowry City Christian School, Lowry City.

     Senator Singleton introduced to the Senate, Tom Geeding, Brian Hinkle, Jennifer Mills, Brandon Rakes and Tabitha Rowlins, Seneca.

     Senator Graves introduced to the Senate, Nan Stepp, Lois Powell, and twenty-nine fourth grade students from Tarkio Elementary School, Tarkio.

     Senator Westfall introduced to the Senate, Judy Perusse and Rev. Bert and Ann Miller, Republic.

     Senator Mueller introduced to the Senate, forty-five fifth grade students from Oak Hill School, St. Louis; and Sarah Mickes, Colin Dowling, Megan Strout and Jonathan Tirjan were made honorary pages.

     Senator Schneider introduced to the Senate, students from Gibson Elementary School, St. Louis; and Shan'e Cushshon, Tykita Fondren, Jajuan Hicks and Josh Campbell were made honorary pages.

     Senator Mathewson introduced to the Senate, Cindy Woolfston, Beverly Newson, and twenty-five ninth grade students from Brunswick High School, Brunswick; and Misty Hawkins, Jerri Jo Myers, Kathleen Ostermann and Timothy Gorman were made honorary pages.

     Senator Yeckel introduced to the Senate, Joan Wiese and seventy 4th grade students from Trautwein Elementary School, St. Louis; and David Bender, Marissa Burkemper, Sarah Birchfield and Daniel Rasch were made honorary pages.

     On motion of Senator Johnson, the Senate adjourned until 3:00 p.m., Monday, April 14, 1997.