Journal of the Senate

FIRST REGULAR SESSION


FIFTY-FOURTH DAY--THURSDAY, APRIL 17, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we need courage, strength and wisdom to do the work of our state. We also pray for guidance, direction and inspiration. Be with us in all that we do. 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.

     Senator Quick moved that the Senate Journal for Wednesday, April 16, 1997, be corrected on Page 1, Line 3, by deleting the word "THURSDAY" and inserting in lieu thereof the word "WEDNESDAY", which motion prevailed.

     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
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Scott--1

RESOLUTIONS

     Senator Banks offered Senate Resolution No. 637, regarding the Fiftieth Birthday of Mr. Richard K. Gaines, St. Louis, which was adopted.

     Senator Kenney offered Senate Resolution No. 638, regarding Ken Rimmer, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 639, regarding Grant Edward Knowles, Lee's Summit, which was adopted.

     President Pro Tem McKenna announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

THIRD READING OF SENATE BILLS

     SS for SB 275, introduced by Senator Kinder, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 275

     An Act to repeal sections 188.015, 188.030, 188.035 and 188.075, RSMo 1994, relating to abortions, and to enact in lieu thereof five new sections relating to the same subject, with a penalty provision.

     Was taken up.

     On motion of Senator Kinder, SS for SB 275 was read the 3rd time and passed by the following vote:
Yeas--Senators
CaskeyChildersCurlsDePasco
EhlmannFlotronGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators
BanksClayJacob--3
Absent--Senators--Goode--1
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem declared the bill passed.

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

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

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

     SB 20, introduced by Senator Staples, entitled:

     An Act to repeal section 476.083, RSMo Supp. 1996, relating to circuit court marshals, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     On motion of Senator Staples, SB 20 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--Goode--1
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem 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 Wiggins moved that motion lay on the table, which motion prevailed.

     SCS for SBs 457 and 458, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 457 and 458

     An Act to repeal section 143.751, RSMo 1994, relating to taxation, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up by Senator Wiggins.

     On motion of Senator Wiggins, SCS for SBs 457 and 458 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem 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 Lybyer moved that motion lay on the table, which motion prevailed.

     SB 21, introduced by Senator Lybyer, entitled:

     An Act to repeal section 67.1300, RSMo Supp. 1996, relating to a local sales tax for certain counties, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

     Was taken up.

     On motion of Senator Lybyer, SB 21 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
BentleyScott--2

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

     SB 298, introduced by Senator DePasco, entitled:

     An Act to repeal sections 86.387, 86.447, 86.450, 86.453, 86.457, 86.463, 86.467, 86.620, 86.650 and 86.670, RSMo 1994, and sections 86.370, 86.430, 86.600, 86.630 and 86.672, RSMo Supp. 1996, relating to certain police retirement systems, and to enact in lieu thereof sixteen new sections relating to the same subject.

     Was taken up.

     Senator Johnson assumed the Chair.

     On motion of Senator DePasco, SB 298 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerRohrbachRussell
SchneiderSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--Quick--1
Absent with leave--Senators
BentleyScott--2

     The President declared the bill passed.

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

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

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

     SS for SCS for SB 345, introduced by Senator McKenna, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 345

     An Act to repeal sections 572.010, 572.070 and 572.125, RSMo 1994, relating to the crime of gambling, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     Was taken up.

     On motion of Senator McKenna, SS for SCS for SB 345 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksClayCurlsDePasco
FlotronGravesHowardJacob
JohnsonMathewsonMcKennaMueller
QuickSimsStaplesWestfall
WigginsYeckel--18
Nays--Senators
CaskeyChildersEhlmannGoode
HouseKenneyKinderKlarich
LybyerMaxwellRohrbachRussell
SchneiderSingleton--14
Absent--Senators--None
Absent with leave--Senators
BentleyScott--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 Quick moved that motion lay on the table, which motion prevailed.

     SB 449, introduced by Senator Quick, entitled:

     An Act to repeal sections 30.260, 30.300 and 30.350, RSMo 1994, relating to the state treasurer, and to enact in lieu thereof eleven new sections relating to the same subject.

     Was taken up.

     President Pro Tem McKenna resumed the Chair.

     On motion of Senator Quick, SB 449 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickSchneiderSims
StaplesWigginsYeckel--27
Nays--Senators
KinderRohrbachRussellSingleton
Westfall--5
Absent--Senators--None
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem 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 Mueller moved that motion lay on the table, which motion prevailed.

     SS for SB 173, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 173

     An Act to amend chapter 537, RSMo, by adding one new section relating to claims against certain licensed professionals.

     Was taken up by Senator Mueller.

     On motion of Senator Mueller, SS for SB 173 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksChildersClayDePasco
EhlmannFlotronGoodeGraves
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSimsSingleton
StaplesWestfallYeckel--27
Nays--Senators
CaskeyCurlsSchneiderWiggins--4
Absent--Senators--House--1
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem declared the bill passed.

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

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

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

     SS for SB 432, introduced by Senator Sims, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 432

     An Act to repeal section 89.020, RSMo 1994, relating to zoning powers of a municipal legislative body, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     On motion of Senator Sims, SS for SB 432 was read the 3rd time and passed by the following vote:
Yeas--Senators
ClayCurlsEhlmannFlotron
GoodeGravesJacobJohnson
KlarichLybyerMathewsonMcKenna
MuellerRohrbachRussellSchneider
SimsStaplesWigginsYeckel--20
Nays--Senators
CaskeyChildersDePascoHouse
HowardKenneyKinderMaxwell
SingletonWestfall--10
Absent--Senators
BanksQuick--2
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem declared the bill passed.

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

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

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

     SCS for SJR 14, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION NO. 14

     Joint Resolution submitting to the qualified voters of Missouri, an amendment to article III of the Constitution of Missouri by adding thereto one new section relating to powers of the legislature concerning rulemaking and the right of citizens to petition for redress of grievances for bureaucratic abuse of rulemaking function.

     Was taken up by Senator Schneider.

     On motion of Senator Schneider, SCS for SJR 14 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachRussell
SchneiderSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--Mueller--1
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem declared the bill passed.

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

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

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

     SCS for SBs 49, 213, 130, 32, 235 and 221, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 49, 213, 130, 32, 235 and 221

     An Act to repeal sections 70.820, 252.085 and 575.010, RSMo 1994, and sections 571.030 and 590.105, RSMo Supp. 1996, relating to criminal procedure, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Kinder.

     On motion of Senator Kinder, SCS for SBs 49, 213, 130, 32, 235 and 221 was read the 3rd time and passed by the following vote:
Yeas--Senators
CaskeyChildersClayDePasco
EhlmannFlotronGoodeHouse
HowardJacobKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachRussell
SchneiderSimsSingletonStaples
WestfallWigginsYeckel--27
Nays--Senators
BanksCurlsGravesJohnson--4
Absent--Senators--Mueller--1
Absent with leave--Senators
BentleyScott--2

     The President Pro Tem declared the bill passed.

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

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

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

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and HB 123; HB 150; and HB 244, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

     Senator Wiggins assumed the Chair.

THIRD READING OF SENATE BILLS

     Senator Howard moved that SCS for SB 79 be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     On motion of Senator Howard, SCS for SB 79 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksClayCurlsDePasco
FlotronGoodeGravesHouse
HowardJacobJohnsonKinder
MathewsonMaxwellMcKennaSchneider
SimsWigginsYeckel--19
Nays--Senators
CaskeyChildersEhlmannKenney
KlarichLybyerQuickRohrbach
RussellSingletonStaplesWestfall--12
Absent--Senators--Mueller--1
Absent with leave--Senators
BentleyScott--2

     The President declared the bill passed.

     The emergency clause failed to receive the necessary two-thirds majority by the following vote:
Yeas--Senators
BanksClayCurlsDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KinderMaxwellMcKennaWiggins
Yeckel--17
Nays--Senators
CaskeyChildersKenneyKlarich
LybyerMathewsonQuickRohrbach
RussellSimsSingletonStaples
Westfall--13
Absent--Senators
MuellerSchneider--2
Absent with leave--Senators
BentleyScott--2

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

     Senator Howard 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 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 SJR 13; SB 108; and SS for SCS for SJR 11, 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.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 24, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 348, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 543, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of HB 700, with SCS, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 19, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

     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:

     Linda L. Behlmann, as a member of the Regional Convention and Sports Complex Authority;

     Also,

     Martha Clevenger, as a member of the Missouri Historical Records Advisory Board;

     Also,

     Krikor O. Partamian, as a member of the Missouri Western State College Board of Regents;

     Also,

     Gene Lee Burden, Bruce C. Scott, Diane M. Garber and John Stephen Whitney, as members of the Peace Officer Standards and Training Commission;

     Also,

     C. Drew Morten and Joyce B. Winkels, as members of the Advisory Commission for Registered Physician Assistants;

     Also,

     Mark D. Jackson, as a member of the Missouri Board for Respiratory Care;

     Also,

     Oswald L. Thomas and Charles D. Fuszner, as members of the Missouri Dental Board;

     Also,

     Daniel J. Abbott, as a member of the Board of Boiler and Pressure Vessel Rules;

     Also,

     Marilyn A. Roberts, William L. Durbin and Marie A. Collins as members of the Seismic Safety 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.

     On behalf of Senator Schneider, Chairman of the Committee on Judiciary, Senator Caskey submitted the following reports:

     Mr. President: Your Committee on Judiciary, to which was referred HB 516, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Judiciary, to which was referred SB 431, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Ways and Means, to which was referred HB 491, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     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 HCS for HBs 600 and 388, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bills Nos. 600 and 388, Page 1, In the Title, Line 3, by striking the word "three" and inserting in lieu thereof the word "four"; and

     Further amend said bill, Page 1, Section A, Line 1, by striking the word "three" and inserting in lieu thereof the word "four"; and

     Further amend said bill, Page 1, Section A, Line 2, by striking the following: "and 376.1219" and inserting in lieu thereof the following: ", 376.1219 and 1"; and

     Further amend said bill, Page 3, Section 191.331, Lines 63-78, by striking all of said lines; and

     Further amend said bill, Page 5, Section 376.1219, Line 20, by inserting immediately after all of said line the following:

     "Section 1. 1. In any action challenging any rule promulgated pursuant to the provisions of sections 191.331, 376.995 and 376.1219, RSMo, the department shall be required to prove by a preponderance of 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 sections 191.331, 376.995 and 376.1219, RSMo, shall expire on August twenty-eighth 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 sections 191.331, 376.995 and 376.1219, RSMo, shall be 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 terminate if legislation amending the provisions of section 536.024, RSMo, has been signed into law prior to the effective date of this act.".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend House Committee Substitute for House Bills Nos. 600 and 388, Page 2, Section 191.331, Line 35, by striking the word "may" and inserting in lieu thereof the word "shall".

     On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator McKenna submitted the following report:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 51, begs leave to report that it has considered the same and recommends that the bill do pass.

     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 343, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 159, begs leave to report that it has considered the same and recommends that the bill do pass.

     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 HCS for HB 589, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Staples, Chairman of the Committee on Transportation, submitted the following report:

     Mr. President: Your Committee on Transportation, to which was referred HB 207, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following report:

     Mr. President: Your Committee on Appropriations, to which was referred HB 342, begs leave to report that it has considered the same and recommends that the bill do pass.

     On behalf of Senator Goode, Chairman of the Committee on Commerce and Environment, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Commerce and Environment, to which was referred HB 259, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HS for HCS for HB 335, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HCS for HBs 424 and 534, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bills Nos. 424 and 534, Page 2, Section 252.245, Line 6, by striking the word "may" and inserting in lieu thereof the following: "shall"; and

     Further amend said bill, page and section, line 17, by inserting after the word "persons" the following: "functioning within the scope and purpose of the designated authority and".

SENATE COMMITTEE AMENDMENT NO.2

     Amend House Committee Substitute for House Bills Nos. 424 and 534, Page 2, Section 252.245, Line 23, by striking the following: "and other persons".

     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 HJR 16, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator House, Chairman of the Committee on Education, submitted the following report:

     Mr. President: Your Committee on Education, to which was referred HCS for HB 538, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Maxwell, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 257, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator House, Chairman of the Committee on Education, submitted the following report:

     Mr. President: Your Committee on Education, to which was referred HB 628, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 628, Page 1, In the Title, Line 2, by inserting immediately after "1994," the following: "and section 163.011, RSMo Supp. 1996,"; and further amend said line by striking the following: "changing boundaries of"; and

     Further amend said bill and page, in the title, line 3, by striking the following: "one new section" and inserting in lieu thereof the following: "two new sections"; and further amend said line, by inserting immediately after "subject" the following: ", with an emergency clause for a certain section"; and

     Further amend said bill and page, section A, line 1, by striking the following: "is repealed and one new section" and inserting in lieu thereof the following: "and section 163.011, RSMo Supp. 1996, are repealed and two new sections"; and

     Further amend said bill, page and section, line 2, by striking the following: "section 162.431" and inserting in lieu thereof the following: "sections 162.431 and 163.011"; and

     Further amend said bill, page 2, section 162.431, line 32, by inserting after all of said line the following:

     "163.011. As used in this chapter unless the context requires otherwise:

     (1) "Adjusted gross income":

     (a) "District adjusted gross income per return" shall be the total Missouri individual adjusted gross income in a school district divided by the total number of Missouri income tax returns filed from the school district as reported by the state department of revenue for the second preceding year;

     (b) "State adjusted gross income per return" shall be the total Missouri individual adjusted gross income divided by the total number of Missouri individual income tax returns, of those returns designating school districts, as reported by the state department of revenue for the second preceding year;

     (c) "District income factor" shall be one plus thirty percent of the difference of the district income ratio minus one, except that the district income factor applied to the portion of the assessed valuation corresponding to any increase in assessed valuation above the assessed valuation of a district as of December 31, 1994, shall not exceed a value of one;

     (d) "District income ratio" shall be the ratio of the district adjusted gross income per return divided by the state adjusted gross income per return;

     (2) "Average daily attendance" means the quotient or the sum of the quotients obtained by dividing the total number of hours attended in a term by resident pupils between the ages of five and twenty-one by the actual number of hours school was in session in that term. To the average daily attendance of the school term shall be added the full-time equivalent average daily attendance of summer school students. "Full-time equivalent average daily attendance of summer school students" shall be computed by dividing the total number of hours attended by all summer school pupils by the number of hours required in section 160.011, RSMo, in the school term. For purposes of determining average daily attendance under this subdivision, the term "resident pupil" shall include all children between the ages of five and twenty-one who are residents of the school district and who are attending kindergarten through grade twelve in such district. If a child is attending school in a district other than the district of residence and the child's parent is teaching in the school district or is a regular employee of the school district which the child is attending, then such child shall be considered a resident pupil of the school district which the child is attending for such period of time when the district of residence is not otherwise liable for tuition. Average daily attendance for students below the age of five years for which a school district may receive state aid based on such attendance shall be computed as regular school term attendance unless otherwise provided by law;

     (3) "District's tax rate ceiling", the highest tax rate ceiling in effect subsequent to the 1980 tax year or any subsequent year. Such tax rate ceiling shall not contain any tax levy for debt service;

     (4) "Eligible pupils" shall be the sum of the average daily attendance of the school term plus the product of two times the average daily attendance for summer school;

     (5) "Equalized assessed valuation of the property of a school district" shall be determined by multiplying the assessed valuation of the real property subclasses specified in section 137.115, RSMo, times the percent of true value as adjusted by the department of elementary and secondary education to an equivalent sales ratio of thirty-three and one-third percent and dividing by either the percent of true value as determined by the state tax commission on or before March fifteenth preceding the fiscal year in which the valuation will be effective as adjusted by the department of elementary and secondary education to an equivalent sales ratio of thirty-three and one-third percent or the average percent of true value for the highest three of the last four years as determined and certified by the state tax commission, whichever is greater. To the equalized locally assessed valuation of each district shall be added the assessed valuation of tangible personal property. The assessed valuation of property which has previously been excluded from the tax rolls, which is being contested as not being taxable and which increases the total assessed valuation of the school district by fifty percent or more, shall not be included in the calculation of equalized assessed valuation under this subdivision;

     (6) "Free and reduced lunch eligible pupil count", the number of pupils eligible for free and reduced lunch on the last Wednesday in January for the preceding school year who were enrolled as students of the district, as approved by the department in accordance with applicable federal regulations;

     (7) "Guaranteed tax base" means the amount of equalized assessed valuation per eligible pupil guaranteed each school district by the state in the computation of state aid. To compute the guaranteed tax base, school districts shall be ranked annually from lowest to highest according to the amount of equalized assessed valuation per pupil. The guaranteed tax base shall be based upon the amount of equalized assessed valuation per pupil of the school district in which the ninety-fifth percentile of the state aggregate number of pupils falls during the third preceding year and shall be equal to the state average equalized assessed valuation per eligible pupil for the third preceding year times two and one hundred and sixty-seven thousandths. The average equalized assessed valuation per pupil shall be the quotient of the total equalized assessed valuation of the state divided by the number of eligible pupils;

     (8) "Membership" shall be the average of (1) the number of resident full-time students and the full-time equivalent number of part-time students who were enrolled in the public schools of the district on the last Wednesday in September of the previous year and who were in attendance one day or more during the preceding ten school days and (2) the number of resident full-time students and the full-time equivalent number of part-time students who were enrolled in the public schools of the district on the last Wednesday in January of the previous year and who were in attendance one day or more during the preceding ten school days, plus the full-time equivalent number of summer school pupils. "Full-time equivalent number of part-time students" is determined by dividing the total number of hours for which all part-time students are enrolled by the number of hours in the school term. "Full-time equivalent number of summer school pupils" is determined by dividing the total number of hours for which all summer school pupils were enrolled by the number of hours required pursuant to section 160.011, RSMo, in the school term. Only students eligible to be counted for average daily attendance shall be counted for membership;

     (9) "Operating levy for school purposes" means the sum of tax rates levied for teachers and incidental funds in the payment year and shall be, after all adjustments and equalization of the operating levy, no less than the minimum value required in section 163.021 for eligibility for increases in state aid as calculated pursuant to section 163.031 and no greater than a maximum value of four dollars and sixty cents per one hundred dollars assessed valuation. To equalize the operating levy, multiply the aggregate tax rates for teachers, incidental, and building funds by either the percent of true value, as determined by the state tax commission on or before March fifteenth preceding the fiscal year in which the evaluation will be effective as adjusted by the department of elementary and secondary education to an equivalent sales ratio of thirty-three and one-third percent, or the average percent of true value for the highest three of the last four years as determined and certified by the state tax commission, whichever is greater, and divide by the percent of true value as adjusted by the department of elementary and secondary education to an equivalent sales ratio of thirty-three and one-third percent, provided that for any district for which the equivalent sales ratio is equal to or greater than thirty-three and one-third percent, the equalized operating levy shall be the adjusted operating levy. For any county in which the equivalent sales ratio is less than thirty-one and two-thirds percent, the state tax commission shall conduct a second study in that county and shall use a sample at least twice as large as the one originally used. If the new ratio is higher than the original ratio provided by this subdivision, the new ratio shall be used for the purposes of this subdivision and for determining equalized assessed valuation pursuant to subdivision (5) of this section. For the purposes of calculating state aid pursuant to section 163.031, for any district which has not enacted a voluntary tax rate rollback nor increased the amount of a voluntary tax rate rollback from the previous year's amount, the tax rate used to determine a district's entitlement shall be adjusted so that any decrease in the entitlement due to a decrease in the tax rate resulting from the reassessment shall equal the decrease in the deduction for the assessed valuation of the district as a result of the change in the tax rate due to reassessment. The tax rate adjustments required under this subdivision due to reassessment shall be cumulative and shall be applied each year to determine the tax rate used to calculate the entitlement; except that whenever the actual current operating levy exceeds the tax rate calculated pursuant to this subdivision for the purpose of determining the district's entitlement, then the prior tax rate adjustments required under this subdivision due to reassessment shall be eliminated and shall not be applied in determining the tax rate used to calculate the district entitlement;

     (10) "School purposes" pertains to teachers and incidental funds;

     (11) "Teacher" means any teacher, teacher-secretary, substitute teacher, supervisor, principal, supervising principal, superintendent or assistant superintendent, school nurse, social worker, counselor or librarian who shall, regularly, teach or be employed for no higher than grade twelve more than one-half time in the public schools and who is certified under the laws governing the certification of teachers in Missouri;

     (12) "Adjusted operating levy", the sum of tax rates for the current year for teachers and incidental funds for a school district as reported to the proper officer of each county pursuant to section 164.011, RSMo;

     (13) "Current operating costs", all expenditures for instruction and support services excluding capital outlay and debt service expenditures less the revenue from federal categorical sources, food service, student activities and payments from other districts.

     Section B. Because of the immediate need to allow pupils to attend school in certain districts for the next school year, Section 163.011 is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and Section 163.011 shall be in full force and effect upon its passage and approval.".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend House Bill No. 628, Page 1, Section 162.431, Lines 6-7, by striking the following from said lines: "or one hundred voters, whichever is the higher number".

REFERRALS

     President Pro Tem McKenna referred the Gubernatorial Appointment appearing on page 735 of the Senate Journal for Wednesday, April 16, 1997, to the Committee on Gubernatorial Appointments.

HOUSE BILLS ON SECOND READING

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

     HB 58--Transportation.

     HCS for HB 214--Judiciary.

     HCS for HB 276--Corrections and General Laws.

     HCS for HB 288--Commerce and Environ-ment.

     HB 304--Agriculture, Conservation, Parks and Tourism.

     HS for HB 389--Transportation.

     HS for HCS for HB 472--Labor and Industrial Relations.

     HS for HCS for HB 495--Judiciary.

     HB 772--Transportation.

     HB 301--Appropriations.

     HCS for HJR 14--Appropriations.

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 105, entitled:

     An Act to repeal section 163.021, RSMo Supp. 1996, and to enact in lieu thereof one new section for the purpose of permitting school districts in counties which have a nuclear power plant or have an electric power generation unit with a rated generating capacity of more than one hundred fifty megawatts which is owned or operated by a rural electric cooperative to increase their operating levy.

     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 129, entitled:

     An Act to amend chapter 376, RSMo, relating to health insurance by adding thereto one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

RESOLUTIONS

     Senator House offered Senate Resolution No. 640, regarding Jeff Maschmeier, which was adopted.

     Senator Maxwell offered Senate Resolution No. 641, regarding Rita Henderson, Kirksville, which was adopted.

     Senator Caskey offered Senate Resolution No. 642, regarding the Cass Medical Center and the late Rosemary Kauffman, which was adopted.

     Senator Wiggins offered Senate Resolution No. 643, regarding the death of Mrs. Judith Ann Brown, Kansas City, which was adopted.

     Senator Caskey offered Senate Resolution No. 644, regarding Mary Griffith, Warrensburg, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Mueller introduced to the Senate, sixth grade students from the College School of Webster Groves, Webster Groves.

     On behalf of Senator Bentley, Senator Westfall introduced to the Senate, Ms. Shae Johnson, and forty students from Greenwood Lab Elementary, Springfield.

     Senator Schneider introduced to the Senate, students from the College School of Webster Groves, Webster Groves; and Nicolai Brooks, Ashley Brooks and Patrick DeLaperouse were made honorary pages.

     Senator Yeckel introduced to the Senate, students from the College School of Webster Groves, Webster Groves; and Logan Swank and Emily Spataro were made honorary pages.

     On behalf of Senator McKenna, the President introduced to the Senate, Jennifer Stackurski, Fenton; and Nick Britt, Crystal City.

     Senator Flotron introduced to the Senate, Kyle Kloepper, Webster Groves; and Kyle was made an honorary page.

     Senator Yeckel introduced to the Senate, Shaun Hautly, St. Louis; and Shaun was made an honorary page.

     Senator Schneider introduced to the Senate, Karen Elder, and students from Highland Elementary School, St. Louis; and Melissa Menke, Ryan Corcoran, Randy Harper and Samantha Smith were made honorary pages.

     Senator Caskey introduced to the Senate, Benny Odom, Cleveland; and Jerrie Collins, Harrisonville.

     Senator Caskey introduced to the Senate, Delano and Mildred Johnson, Clinton.

     Senator Jacob introduced to the Senate, the vice mayor and a delegation from Kutaisi, Republic of Georgia.

     On behalf of Senator Graves, Senator Jacob introduced to the Senate, Lori Stroteman, and six students from Fayette.

     Senator Singleton introduced to the Senate, Steve Altheide, Carl Junction.

     Senator DePasco introduced to the Senate, Sister Sharon Giemza and twenty-one seventh grade students from St. Ann's School, Independence; and Chavonne Booth, Katie Burnside, Manuel Hernandez and Zachary Parsons were made honorary pages.

     Senator Graves introduced to the Senate, Suzanne McCrey, Anita Stoll, and twenty-eight students from King City.

     Senator Mueller introduced to the Senate, students from Valley Park High School, Valley Park.

     On behalf of Senator Flotron, Senator Sims introduced to the Senate, Frances Cohen, and one hundred fourth grade students from Pierremont School, Manchester; and Laura Pace, Michael Arnold, Katie Ricks, Zachary Braun, Ashley Pritchett, Ben Wahlman, Amy Enix and Chris Alfaro were made honorary pages.

     Senator Klarich introduced to the Senate, Delores Borcherding and Marcella McDonald, New Haven.

     Senator Westfall introduced to the Senate, Kevin Wons, Germany; and Carol Young, Louise Young and Louise Marks, Lawrence County.

     Senator Quick introduced to the Senate, Ruth Schwartz, Larry Harmon, and thirty-eight fourth grade students from Topping Elementary School, Kansas City; and Daniel Lindgren, Nick Sauckman, Zachary Ambriz and Ryan Hinchcliff were made honorary pages.

     Senator Ehlmann introduced to the Senate, Marsha Buechele, and ninety fifth grade students from John Weldon Elementary School, St. Charles; and Chris Blaine and Adam Wolfe were made honorary pages.

     Senator Maxwell introduced to the Senate, a delegation from Options Unlimited, Mexico.

     On motion of Senator Quick, the Senate adjourned until 3:00 p.m., Monday, April 21, 1997.