Journal of the Senate

FIRST REGULAR SESSION


FIFTY-SIXTH DAY--TUESDAY, APRIL 22, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     Senator Schneider offered the following prayer:

     Dear Lord, our God, we praise You and thank You for the peace and blessings You have given to Your people. We recall Your promises and pray that You send Your spirit of wisdom to the Missouri Senate. Enlighten us to perceive Your truth and help us to honor the trust You have given us to use Your power to attain good and that we have the courage to seek and attain justice for the People of Missouri. In Your 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 Maxwell offered Senate Resolution No. 651, regarding Angela Stephenson, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 652, regarding St. Marys Health Center Auxiliary, Jefferson City, which was adopted.

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

SENATE RESOLUTION NO. 653

NOTICE OF PROPOSED RULE CHANGE

     BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, First Regular session, that Senate Rule 91 be amended to read as follows:

     "Rule 91. When a question has once been decided by a vote of the senate, any senator voting on that side which prevails may move for a reconsideration of the vote at any time within three legislative days, excluding legislative days wherein the roll is not called, after the day on which the vote was had, except votes ordering bills printed as perfected, which may be reconsidered at any time before third reading of such bills. When a vote by which a bill was declared perfected is reconsidered, any previous actions on the bill are subject to reconsideration for three legislative days thereafter. When a motion is made to reconsider the vote by which a bill failed of perfection, the presiding officer shall briefly state the nature of the bill and, thereupon, the vote on the motion to reconsider shall be immediately taken without interrogation or debate. All motions to reconsider shall be decided by a majority vote of the senators elected. Only one motion to reconsider shall be allowed on any question.".

     Senator Howard offered Senate Resolution No. 654, regarding the Mingo Job Corps Civilian Conservation Center, Puxico, which was adopted.

PRIVILEGED MOTIONS

     Senator Caskey moved that SB 164, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 164, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 164

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

     Was taken up.

     Senator Caskey moved that HCS for SB 164 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsEhlmannMaxwell--4
Absent with leave--Senators--None

     On motion of Senator Caskey, HCS for SB 164 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsMaxwell--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

     Senator Johnson moved that SB 179, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Johnson moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMcKennaMueller
QuickRussellSchneiderSims
SingletonWestfallWigginsYeckel--28
Nays--Senators--None
Absent--Senators
ClayCurlsMaxwellRohrbach
ScottStaples--6
Absent with leave--Senators--None

     On motion of Senator Johnson, SB 179, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
ClayCurlsLybyerMaxwell
Scott--5
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

     Senator Johnson moved that SB 309, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 309, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 309

     An Act to repeal sections 169.595 and 169.712, RSMo 1994, and sections 169.010, 169.040, 169.050, 169.070, 169.075, 169.315, 169.326, 169.328, 169.440, 169.466, 169.570, 169.577, 169.600, 169.620, 169.630, 169.660 and 169.670, RSMo Supp. 1996, relating to certain school retirement systems, and to enact in lieu thereof nineteen new sections relating to the same subject.

     Was taken up.

     Senator Johnson moved that HCS for SB 309 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWiggins--31
Nays--Senators--None
Absent--Senators
ClayScottYeckel--3
Absent with leave--Senators--None

     On motion of Senator Johnson, HCS for SB 309 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWiggins--31
Nays--Senators--None
Absent--Senators
ClayScottYeckel--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

     Senator Johnson moved that SB 389, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 389, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 389

     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.

     Was taken up.

     Senator Johnson moved that HCS for SB 389 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoFlotronGoode
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators
BentleySims--2
Absent--Senators
EhlmannGravesSchneiderScott--4
Absent with leave--Senators--None

     On motion of Senator Johnson, HCS for SB 389 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Scott--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

     Senator Quick announced that photographers from KRCG-TV had been given permission to take pictures in the Senate Chamber today.

     Senator Quick requested unanimous consent of the Senate to return SCR 24 to the Committee on Rules, Joint Rules and Resolutions for a hearing upon noon adjournment, which request was granted.

REFERRALS

     President Pro Tem McKenna referred the Gubernatorial Appointments appearing on pages 773-775 of the Senate Journal for Monday, April 21, 1997, to the Committee on Gubernatorial Appointments.

     President Pro Tem McKenna requested unanimous consent of the Senate that SB 248 be returned to the Senate from the Committee on State Budget Control in accordance with the revised fiscal note, which request was granted.

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

HOUSE BILLS ON THIRD READING

     HB 31, introduced by Representative Backer, entitled:

     An Act to repeal section 89.142, RSMo 1994, relating to peripheral zoning, and to enact in lieu thereof one new section relating to the same subject.

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

     On motion of Senator Lybyer, HB 31 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Scott--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.

     HB 762, introduced by Representatives Davis (63) and Shear, entitled:

     An Act relating to identification of health care personnel.

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

     Senator Wiggins assumed the Chair.

     On motion of Senator Clay, HB 762 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannGoode
HouseJacobKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickSchneiderScott
SingletonStaplesWiggins--23
Nays--Senators
ChildersGravesHowardJohnson
MuellerRohrbachRussellSims
WestfallYeckel--10
Absent--Senators--Flotron--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 633, introduced by Representatives Copeland and Leake, entitled:

     An Act to repeal section 443.903, RSMo Supp. 1996, relating to reverse mortgage loans, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

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

     On motion of Senator Scott, HB 633 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ChildersJohnsonSchneider--3
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
HowardJacobKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Johnson--1
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.

     HB 709, with SCS, introduced by Representative Foley, entitled:

     An Act relating to publicly owned sewer treatment works, with an emergency clause.

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

     SCS for HB 709, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 709

     An Act to repeal section 249.422, RSMo Supp. 1996, relating to publicly owned sewer treatment works, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

     Was taken up.

     Senator McKenna moved that SCS for HB 709 be adopted, which motion prevailed.

     On motion of Senator McKenna, SCS for HB 709 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
JacobKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWiggins--31
Nays--Senators--None
Absent--Senators
JohnsonYeckel--2
Absent with leave--Senators--Howard--1

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
JacobKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Johnson--1
Absent with leave--Senators--Howard--1

     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.

     Senator Quick announced that photographers from KMOS-TV had been given permission to take pictures in the Senate Chamber today.

     HB 41, introduced by Representative Hosmer, entitled:

     An Act to repeal sections 115.615 and 115.621, RSMo 1994, relating to certain political party committees, and to enact in lieu thereof two new sections relating to the same subject.

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

     On motion of Senator Bentley, HB 41 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseJacob
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksJohnson--2
Absent with leave--Senators--Howard--1

     The President declared the bill passed.

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

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

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

     President Pro Tem McKenna resumed the Chair.

SENATE BILLS FOR PERFECTION

     Senator Kinder moved that SB 147, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 147, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 147

     An Act to repeal section 290.140, RSMo 1994, relating to the disclosure of employment information, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Kinder moved that SCS for SB 147 be adopted.

     Senator Kinder offered SS for SCS for SB 147, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 147

     An Act to repeal section 290.140, RSMo 1994, relating to the disclosure of employment information, and to enact in lieu thereof one new section relating to the same subject.

     Senator Kinder moved that SS for SCS for SB 147 be adopted.

     Senator Johnson assumed the Chair.

     Senator Caskey offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 147, Page 3, Section 290.140, Line 23, by inserting after said line the following:

     "4. Any information provided by the current or former employer to the prospective employer must also be provided in writing to the former employee."; and

     Further amend by renumbering the bill accordingly.

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

     Senator Schneider offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 147, Page 4, Section 290.140, Line 2, by adding after the word "information," the following: "and in such circumstances the employer shall be liable for all damages as may be provided by law as a direct result of providing false information"; and

     Further amend page 4, line 1, subsection 4, by striking the word "knowingly" and substitute "knew or should have known".

     Senator Schneider moved that the above amendment be adopted.

     At the request of Senator Kinder, SB 147, with SCS, SS for SCS and SA 2 (pending), was placed on the Informal Calendar.

HOUSE BILLS ON SECOND READING

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

     HB 105--Corrections and General Laws.

     HB 129--Public Health and Welfare.

     HCS for HB 331--Elections, Pensions and Veterans' Affairs.

     HCS for HBs 364, 33, 148, 187, 488 and 503--Commerce and Environment.

     HB 376--Commerce and Environment.

     HS for HCS for HB 451--Corrections and General Laws.

     HS for HCS for HB 474--Civil and Criminal Jurisprudence.

     HCS for HB 560--Public Health and Welfare.

     HCS for HB 696--Elections, Pensions and Veterans' Affairs.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 2, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

     Senator 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 SJR 17, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 302, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 302, Page 2, Section 575.110, Line 15, by inserting immediately after the numeral "2." the following: "For the purposes of this section and sections 109.010 and 109.080, RSMo, the terms "records" and "public records" shall include any records maintained in an electronic format.

     3.".

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 460, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 86, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which were referred SB 244 and SB 312, 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 90, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Commerce and Environment, to which was referred SB 204, 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 Commerce and Environment, to which was referred SB 245, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Education, to which was referred SB 126, 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 Education, to which was referred SJR 5, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Education, to which was referred SB 322, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Education, to which were referred SB 311 and SB 200, 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 Education, to which was referred SB 185, begs leave to report that it has considered the same and recommends that the bill do pass.

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 HCS for SB 375, entitled:

     An Act to repeal sections 409.301, 409.403 and 409.415, RSMo 1994, and sections 409.201, 409.202, 409.203 and 409.401, RSMo Supp. 1996, relating to the Missouri uniform securities act, and to enact in lieu thereof eight new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 150.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 342.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 243.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 197.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 387, entitled:

     An Act to repeal sections 528.010 and 528.600, RSMo 1994, relating to the sale of certain property, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 220.

     With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 220, Page 2, Section 294.011, Line 19, by inserting after the word "lawn" the words "and garden"; and

     Further amend said bill, Page 2, Section 294.011, Line 3, by inserting after the word "lawn" the words "and garden".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 346.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 133.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 255.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 318.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 148, entitled:

     An Act to repeal section 381.412, RSMo Supp. 1996, relating to real estate settlement agents, and to enact in lieu thereof one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     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 SB 34, entitled:

     An Act relating to the conveyance of certain real property.

     With House Perfecting Amendment No. 1.

HOUSE PERFECTING AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Bill No. 34, Page 2, Section 1, Line 41, by deleting "MG-05" and inserting in lieu thereof the following: "MC-05"; and

     Further amend said     bill, Page 2, Section 1, Line 58, by deleting "MG-05" and inserting in lieu thereof the following: "MC-05".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 155.

     With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 155, Page 3, Section 67.1000, Line 56, by deleting the word "or" and inserting in lieu thereof the following: "[or]"; and

     Further amend said bill, Page 3, Section 67.1000, Line 58, by inserting immediately after the word "classification," the words "or any city of the fourth classification with a population in excess of forty thousand which borders on a city of the first classification having a charter form of government which is situated in a county of the first classification with a charter form of government and such county borders another county of the first classification with a charter form of government having a population in excess of eight hundred thousand,".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 353.

     With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 353, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:

"To repeal section 67.1000, RSMo Supp. 1996, relating to tourism tax, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause."; and

     Further amend said bill, Page 1, Section A, Line 1, by deleting all of said line and inserting in lieu thereof the following: "Section A. Section 67.1000, RSMo Supp. 1996, is repealed and three"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting immediately before the number "67.1360" the following: "67.1000,"; and

      Further amend said bill, Page 1, Section A, Line 3, by inserting after all of said line the following:

     "67.1000. The governing body of any county of the second classification which is north of the Missouri River and which adjoins a county with a population of more than one hundred thousand inhabitants which contains a campus of the University of Missouri, or the governing body of any county with a township form of government with a population of less than nine thousand inhabitants which adjoins at least six other counties with a township form of government, or the governing body of any county with a township form of government which adjoins at least four other counties with a township form of government and at least one, but not more than one, county of the third classification without a township form of government with a population of less than three thousand inhabitants, or the governing body of any county of the third classification with a population of less than ten thousand inhabitants which adjoins only two other counties, or the governing body of any county which contains a state educational institution described as a state teachers college, as defined in paragraph (c) of subdivision (5) of section 176.010, RSMo, other than a county which adjoins the Mississippi River, or a county with a population of more than one hundred fifty thousand inhabitants, or in any county of the third classification without a township form of government which has at least thirteen thousand inhabitants but not more than fourteen thousand inhabitants and adjoins six counties of the third classification and no counties of any other classification, or any city which is the county seat of any county of the third classification which borders the state of Arkansas and contains a branch of Southwest Missouri State University, or in any third class city with a population of at least six thousand inhabitants which is the county seat of a county of the third classification with a township form of government which has a population of at least ten thousand inhabitants but not more than twelve thousand inhabitants, or any fourth class city which is the county seat of any county of the third classification which borders the state of Iowa and has at least five counties of the third classification bordering it, or any city with a special charter that is the county seat of a county of the third classification with at least six counties of the third classification bordering it, or any third class city located in two counties of the third classification only one of which has a township form of government but both of which border the same county of the first classification or any third class city with a population of at least twelve thousand inhabitants but not more than fifteen thousand inhabitants located in a county of the third classification which contains a medium security state correctional facility, or any third class city with a population of at least fifteen thousand but not more than seventeen thousand inhabitants which is the county seat of a county of the fourth classification which is operating as a county of the second classification and has a state university located in such city, or any city which is the county seat of any county of the third classification with a population of at least twenty-one thousand five hundred inhabitants which borders a county of the third classification with a population of less than three thousand inhabitants, or any city of the third classification with a population of at least eleven thousand inhabitants in a county of the first classification without a charter form of government with a population less than one hundred fifty thousand which borders two counties of the first classification with a charter form of government, or any city which is the county seat of any county of the third classification with a population not greater than nine thousand inhabitants which borders only two counties of the third classification, may impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels or motels situated in the city or county, which shall be not more than five percent per occupied room per night, except that such tax shall not become effective unless the governing body of the city or county submits to the voters of the city or county at a state general, primary or special election, a proposal to authorize the governing body of the city or county to impose a tax under the provisions of this section and section 67.1002. The tax authorized by this section and section 67.1002 shall be in addition to the charge for the sleeping room and shall be in addition to any and all taxes imposed by law and the proceeds of such tax shall be used by the city or county solely for funding a convention and visitors bureau which shall be a general not for profit organization with whom the city or county has contracted, and which is established for the purpose of promoting the city or county as a convention, visitor and tourist center. Such tax shall be stated separately from all other charges and taxes.".

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 383, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 383, Page 1, In the Title, Line 3, by striking "and 195.410" and inserting in lieu thereof the following: ", 195.410, 338.043, 338.057, 338.059, 338.060, 338.065, 338.070, 338.100, 338.120, 338.130, 338.140, 338.220, 338.285, 338.353, and 338.365; and further amend the title, line 5 by inserting immediately before the word "controlled" the following: "the distribution of"; and further amend the title, line 5, by striking "sixteen" and inserting in lieu thereof the following: "thirty-one"; and

     Further amend said bill, Section A, line 2, by striking "and 195.410" and inserting in lieu thereof the following: ", 195.410, 338.043, 338.057, 338.059, 338.060, 338.065, 338.070, 338.100, 338.120, 338.130, 338.140, 338.220, 338.285, 338.353, and 338.365; and further amend Section A, line 4, by striking "sixteen" and inserting in lieu thereof the following: "thirty-one"; and further amend Section A, line 7, by inserting immediately after "195.410" the following: ", 338.043, 338.057, 338.059, 338.060, 338.065, 338.070, 338.100, 338.120, 338.130, 338.140, 338.220, 338.285, 338.353, 338.365; and

     Further amend said bill, Section 195.410, Page 46, Line 136, by inserting immediately after all of said line the following:

     "338.013. 1. Any person desiring to assist a pharmacist in the practice of pharmacy as defined in this chapter shall apply to the board of pharmacy for registration as a pharmacy technician or auxiliary personnel. Such applicant shall not have engaged in conduct or behavior determined to be grounds for discipline pursuant to this chapter. Such applicant shall forward to the board the appropriate fee and written application on a form provided by the board. Such registration shall be the sole authorization permitted to allow persons to assist licensed pharmacists in the practice of pharmacy as defined in this chapter.

     2. If an applicant has submitted the required fee and an application for registration to the board of pharmacy, the applicant for registration as a pharmacy technician may assist a licensed pharmacist in the practice of pharmacy as defined in this chapter for a period of up to ninety days prior to the issuance of a certificate of registration. The applicant shall keep a copy of the submitted application on the premises where the applicant is employed.

     3. A certificate of registration issued by the board shall be conspicuously displayed in the pharmacy or place of business where the registrant is employed.

     4. Every pharmacy technician or auxiliary person who desires to continue to be registered as provided in this section shall, within thirty days before the registration expiration date, file an application for the renewal, accompanied by the fee prescribed by the board. No registration as provided in this section shall be valid if the registration has expired and has not been renewed as provided in this subsection.

     5. The board shall maintain an employment disqualification list of the names of all pharmacy technicians who have been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere to violation of any state, territory or federal drug law, been found guilty, pled guilty or nolo contendere to any felony or has violated any provision of subdivision (2), (3), (4), (6), (7), (11), (12) or (15) of subsection 2 of section 338.055.

     6. After an investigation and a determination has been made to place a person's name on the employment disqualification list, the board shall notify such person in writing mailed to the person's last known address that:

     (1) An allegation has been made against the person, the substance of the allegation and that an investigation has been conducted which tends to substantiate the allegation;

     (2) Such person's name will be included in the employment disqualification list of the board;

     (3) The consequences to the person of being listed and the length of time the person's name will be on the list; and

     (4) The person's rights and the procedure to challenge the inclusion of the person's name on the disqualification list.

     7. If no reply has been received by the board within thirty days after the board mailed the notice, the board may include the name of such person on such disqualification list. The length of time a person's name shall remain on the disqualification list shall be determined by the board. The board may, also, provide for alternative sanctions, including, but not limited to, conditional employment based on a requirement that the person submit certain documentation within a certain period of time. Any person who receives notice that the board intends to place the person's name on the employment disqualification list may file an appeal with the administrative hearing commission as provided in chapter 621, RSMo.

     8. No licensed pharmacy shall knowingly employ any person whose name appears on the employee disqualification list. Any licensed pharmacy permit holder who refuses to employ or terminates a person whose name appears on the employee disqualification list shall not be subject to any civil damages from any suit brought by a person, or on behalf of a person, based on a failure to employ, or for the termination of, a person whose name is on the employee disqualification list.

     338.043. 1. Notwithstanding any provision of law to the contrary, the board of pharmacy may grant a temporary license [to any graduate of a school or college of pharmacy whose requirements for graduation are satisfactory to and approved by the board of pharmacy and who holds a license to practice pharmacy by examination in another state and] to an applicant that meets such [other] requirements as the board may prescribe by rule and regulation.

     2. The temporary license provided in subsection 1 of this section shall limit the right of the licensee to practice only in locations approved by the board under the supervision of a pharmacist licensed to practice pharmacy in this state.

     3. The license shall be renewable at the discretion of and with the approval of the board of pharmacy. A temporary license fee shall accompany the original application for a temporary license and a similar amount shall be paid in the event the temporary license is renewed.

     338.057. The [department of economic development] board of pharmacy shall publish a list of drug products for which substitution as provided in section 338.056 shall not be permitted. The list of drug products to be included on this list shall be based upon a joint determination made by the department of health, the state board of registration for the healing arts, and the state board of pharmacy. The [department of economic development] board of pharmacy shall publish the list not less often than semiannually, and shall publish amendments to the list as required.

     338.059. 1. It shall be the duty of a licensed pharmacist or a physician to affix or have affixed by someone under [his] the pharmacist's or physician's supervision a label to each and every container provided to a consumer in which is placed any prescription drug upon which is typed or written the following information:

     (1) The date [of] the prescription is filled;

     (2) The sequential number;

     (3) The patient's name;

     (4) The prescriber's directions for usage;

     (5) The [prescribing doctor's] prescriber's name;

     (6) The name and address of the pharmacy;

     (7) The exact name and dosage of the drug dispensed;

     (8) There may be one line under the words written stating "Refill" with a blank line or squares following; immediately under the word "Refill" the words "No Refill";

     (9) When a generic substitution is dispensed, the name of the manufacturer or an abbreviation thereof shall appear on the label or in the pharmacist's records as required in section 338.100.

     2. The label of any drug which is sold at wholesale in this state and which requires a prescription to be dispensed at retail shall contain the name of the manufacturer, expiration date, if applicable, batch or lot number and national drug code.

     338.060. 1. Every licensed pharmacist or permit holder who desires to continue in the practice of this profession shall, within thirty days before the license expiration date, file an application for the renewal, which application shall be accompanied by the fee [herein] prescribed in sections 338.010 to 338.198.

     2. If any pharmacist [shall fail] fails, for a period of sixty days after the expiration of [his] the pharmacist's license, to make application to the board for its renewal, [his] the pharmacist's name shall be [erased] removed from the register of licensed pharmacists, and such person, in order to again become registered as a licensed pharmacist, shall be required to pay all delinquent fees. Any pharmacist who fails to renew [his] the pharmacist's license within two years of its expiration and then desires to be reregistered shall be treated in the same manner as a person who has never been licensed. Any registered pharmacist whose certificate of registration has expired while [he] the pharmacist has been engaged in active duty with the United States Army, United States Navy, United States Air Force, the Marine Corps, Coast Guard, or any other branch of the armed services or the state militia called into the service or training of the United States of America, or in training or education under the supervision of the United States preliminary to induction into the military services may have [his] the pharmacist's certificate of registration renewed without paying any lapse, renewal or registration fee or without passing any examination, if within one year after the termination of such service, training or education, other than by dishonorable discharge, [he] the pharmacist furnishes the board with an affidavit to the effect that [he] the pharmacist has been so engaged and that [his] the pharmacist's service, training or education has [been so] terminated.

     3. Except as provided in subsection 5 of this section, when applying for a renewal of the license as required by the provisions of this section, each licensed pharmacist shall submit proof of the completion of at least [ten] fifteen hours per year of board-approved continuing education courses during the twelve-month period immediately preceding the date of the application for renewal of the license. The board shall prescribe the form to be completed. No license shall be renewed unless the holder thereof has complied with the provisions of this subsection.

     4. The proof of completion of such continuing education shall be in such form as the board may require. The approved courses shall include those offered by correspondence, but the board shall approve all courses of instruction which may be used to satisfy the education requirements of subsection 3 of this section.

     5. Each licensed pharmacist may, instead of submitting proof of the completion of the required continuing education courses, apply for an inactive license at the time [he] the pharmacist makes application for the renewal of [his] the pharmacist's license and pay the required renewal fee. An inactive license shall then be issued, and may be renewed annually. While the inactive license is in effect the pharmacist shall not practice pharmacy. The inactive license may be changed to a regular license without other examination whenever the pharmacist submits proof of the completion of continuing education courses for the total amount of such courses not completed since [he] the pharmacist was last licensed on an active basis.

     338.065. 1. After August 28, 1990, at such time as the final trial proceedings are concluded whereby a [pharmacist] licensee or registrant has been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, in a felony prosecution [under] pursuant to the laws of the state of Missouri, the laws of any other state, territory or the laws of the United States of America for any offense reasonably related to the qualifications, functions or duties of a [pharmacist] licensee or registrant pursuant to this chapter or any felony offense, an essential element of which is fraud, dishonesty or an act of violence, or for any felony offense involving moral turpitude, whether or not sentence is imposed, the board of pharmacy may hold a disciplinary hearing to singly or in combination censure or place the pharmacist named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, registration or permit.

     2. Anyone who has been revoked or denied a license, permit or certificate to practice in another state may automatically be denied a license or permit to practice in this state. However, the board of pharmacy may establish other qualifications by which a person may ultimately be qualified and licensed to practice in Missouri.

     338.070. 1. The board of pharmacy shall set the amount of the fees which this chapter authorizes and requires by rules and regulations promulgated pursuant to [section 536.021] chapter 536, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering this chapter. All fees shall be paid before an applicant may be admitted to examination or his or her name placed upon the register of pharmacists, or before any license or permit, or any renewal thereof, is issued by the board.

     2. All fees payable [under] pursuant to the provisions of this chapter shall be collected by the division of professional registration and transmitted to the department of revenue for deposit in the state treasury to the credit of the fund to be known as the "Board of Pharmacy Fund".

     3. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule permit renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.

     4. Notwithstanding any other provisions of this chapter to the contrary, the board of pharmacy is not required to collect or process fees required for testing, if the fees are paid by license applicants or licensees directly to a testing service and if no part of the fee is remitted to the board from the testing service.

     338.100. 1. Every permit holder of a licensed pharmacy shall cause to be kept in a uniform fashion consistent with this section a suitable file in which shall be preserved, for a period of not less than [five] three years, the original or order of each drug which has been compounded or dispensed at such pharmacy, numbering, dating and filing them in the order in which they are compounded or dispensed, and shall produce the same in court or before any grand jury whenever lawfully required. The pharmacist in charge shall be responsible for complying with the permit holder's record keeping system in compliance with this section. Records maintained by a pharmacy that contain medical or drug information on patients or their care shall be considered as confidential. Upon request, the pharmacist in charge of such pharmacy shall furnish to the prescriber, and may, except when otherwise instructed by the prescriber, furnish to the person for whom such prescription was compounded or dispensed, a true and correct copy of the original prescription[, and]. The file of original prescriptions and other confidential records, as defined by law, shall at all times be open for inspection by board of pharmacy representatives or duly authorized officers of the law.

     2. An institutional pharmacy located in a hospital shall be responsible for maintaining records of the transactions of the pharmacy as required by federal and state laws and as necessary to maintain adequate control and accountability of all drugs. This shall include a system of controls and records for the requisitioning and dispensing of pharmaceutical supplies where applicable to patients, nursing care units and to other departments or services [on] of the institution. Inspection performed pursuant to this subsection shall be consistent with the provisions of section 197.100, RSMo.

     338.120. Annually the board of pharmacy shall organize by the election of a president and [secretary] vice-president who shall hold their offices for one year and until their successors shall have been elected and qualified.

     338.130. 1. [The secretary, if a member of the board, shall receive such salary as is prescribed by the board of pharmacy not to exceed the sum of five hundred dollars monthly and his necessary expenses while engaged in the performance of his official duties.] Each member of the board shall receive as compensation an amount set by the board not to exceed fifty dollars for each day devoted to the affairs of the board, and shall be entitled to reimbursement of [his] the member's expenses necessarily incurred in the discharge of [his] the member's official duties.

     2. The board may employ such board personnel, as defined in subdivision (4) of subsection [16] 15 of section 620.010, RSMo, as it deems necessary to carry out the provisions of this chapter. The compensation and expenses of such personnel and all expenses incurred by the board in carrying into execution the provisions of this chapter, shall be paid out of the board of pharmacy fund upon a warrant on the state treasurer.

     338.140. 1. The board of pharmacy shall have a common seal, and shall have power to adopt such rules and bylaws not inconsistent with law as may be necessary for the regulation of its proceedings and for the discharge of the duties imposed [under] pursuant to sections 338.010 to [338.190] 338.198, and shall have power to employ an attorney to conduct prosecutions or to assist in the conduct of prosecutions [under] pursuant to sections 338.010 to [338.190] 338.198.

     2. The board shall keep a record of its proceedings.

     3. The board of pharmacy shall make annually to the governor and, upon written request, to persons licensed [under] pursuant to the provisions of this chapter a written report of its proceedings.

     4. The board of pharmacy shall appoint an advisory committee composed of five members, one of whom shall be a representative of pharmacy but who shall not be a member of the pharmacy board, three of whom shall be representatives of wholesale drug distributors as defined in section 338.330, and one of whom shall be a representative of drug manufacturers. The committee shall review and make recommendations to the board on the merit of all rules and regulations dealing with pharmacy distributors, wholesale drug distributors and drug manufacturers which are proposed by the board.

     5. A majority of the board shall constitute a quorum for the transaction of business.

     6. Notwithstanding any other provisions of law to the contrary, the board may issue letters of reprimand, censure or warning to any holder of a license or registration required pursuant to this chapter for any violations that could result in disciplinary action as defined in section 338.055. The board may impose limitations, conditions or restrictions on a license or registration that is reprimanded pursuant to this section.

     338.220. 1. It shall be unlawful for any person, copartnership, association [or], corporation or any other business entity to open, establish, operate or maintain any pharmacy, as defined by statute without first obtaining a permit to do so from the Missouri board of pharmacy. The following classes of pharmacy permits are hereby established:

     (1) Class A: Community/Ambulatory;

     (2) Class B: Hospital;

     (3) Class C: Long-term care;

     (4) Class D: Home health care;

     (5) Class E: Radiopharmaceutical;

     (6) Class F: Renal Dialysis; and

     (7) Class G: Medical gas.

     2. Application for such permit shall be made upon a form furnished to the applicant; shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration; and shall be accompanied by a permit fee. The permit issued shall be renewable upon payment of a renewal fee. Separate applications shall be made and separate permits required for each pharmacy opened, established, operated or maintained by the same owner.

     3. All permits or renewal fees collected [under] pursuant to the provisions of sections 338.210 to 338.370 shall be deposited in the state treasury to the credit of the Missouri board of pharmacy fund, to be used by the Missouri board of pharmacy in the enforcement of the provisions of sections 338.210 to 338.370, when appropriated for that purpose by the general assembly.

     338.285. The board is hereby authorized and empowered, when examination or inspection of a pharmacy shall disclose to the board that the pharmacy is not being operated or conducted according to such legal rules and regulations and the laws of Missouri with respect thereto, to cause a complaint to be filed before the administrative hearing commission pursuant to section 338.055 and chapter 621, RSMo, charging the holder of a permit to operate a pharmacy with conduct constituting grounds for probation, suspension or revocation of his permit.

     338.353. 1. The board of pharmacy is hereby authorized and empowered, when complaints, examinations or inspection of a wholesale drug distributor or pharmacy distributor disclose to the board that a wholesale drug distributorship or pharmacy distributorship is not being operated or conducted according to such legal rules and regulations and the laws of Missouri or any other state or the federal government with respect thereto, to cause a complaint to be filed before the administrative hearing commission pursuant to section 338.055 and chapter 621, RSMo, charging the holder of a license to operate a drug distributorship or pharmacy wholesale operation constituting grounds for probation, suspension or revocation of the distributor license.

     2. If the board concludes that a wholesale drug distributor or pharmacy distributor has committed an act or is engaging in a course of conduct which constitutes a clear and present danger to the public health and safety in Missouri, the board may file a complaint before the administrative hearing commission requesting an expedited hearing and specifying the activities which give rise to the danger and the nature of the proposed restriction or suspension of the wholesale drug distributor's or pharmacy distributor's license. Within fifteen days after service of the complaint on a wholesale drug distributor or pharmacy distributor, the administrative hearing commission shall conduct a preliminary hearing to determine whether the alleged activities of the wholesale drug distributor or pharmacy distributor appear to constitute a clear and present danger to the public health and safety which justify that the wholesale drug distributor's or pharmacy distributor's license be immediately restricted or suspended. The burden of proving that a wholesale drug distributor or pharmacy distributor is a clear and present danger to the public health and safety shall be upon the state board of pharmacy. The administrative hearing commission shall issue its decision immediately after the hearing and shall either grant to the board the authority to suspend or restrict the license or dismiss the action.

     3. If the administrative hearing commission grants temporary authority to the board to restrict or suspend the wholesale drug distributor's or pharmacy distributor's license, such temporary authority of the board shall become final authority if there is no request by the wholesale drug distributor or pharmacy distributor for a full hearing within thirty days of the preliminary hearing. The administrative hearing commission shall, if requested by the wholesale drug distributor or pharmacy distributor named in the complaint, set a date to hold a full hearing under the provisions of chapter 621, RSMo, regarding the activities alleged in the initial complaint filed by the board.

     4. If the administrative hearing commission dismisses the action filed by the board pursuant to subsection 2 of this section, such dismissal shall not bar the board from initiating a subsequent action on the same grounds.

     338.365. 1. Upon proper application by the board of pharmacy, a court of competent jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

     (1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required [in sections 338.010 to 338.370] by this chapter upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license[.]; or

     (2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to this chapter upon a showing that the holder presents a probability of serious danger to the health, safety or welfare of any resident of the state or client or patient.

     2. Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which defendant resides.

     3. Any action brought [under] pursuant to this section shall be in addition and not in lieu of any penalty provided by law and may be brought concurrently with other actions to enforce this chapter.".

     Also,

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 392, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 253, 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 Public Health and Welfare, to which was referred SB 234, 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 Public Health and Welfare, to which was referred SB 158, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 66, 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 Public Health and Welfare, to which was referred SB 293, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

MESSAGES FROM THE GOVERNOR

     The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 22, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     The following addendum should be made to the appointment of Joseph M. Ojile, M.D. for the Advisory Commission for Registered Physician Assistants, submitted to you on March 27, 1997. Line 3 should be amended to read:

     for a term ending March 27, 2000

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 22, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     The following addendum should be made to the appointment of Trina V. Fleming for the Advisory Commission for Registered Physician Assistants, submitted to you on March 27, 1997. Line 3 should be amended to read:

     for a term ending March 27, 2000

Respectfully submitted,

MEL CARNAHAN

Governor

     President Pro Tem McKenna referred the above addendums to the Committee on Gubernatorial Appointments.

     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.

REFERRALS

     President Pro Tem McKenna referred HCS for HB 114 to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

     HB 95, introduced by Representative Long, entitled:

     An Act to repeal section 190.308, RSMo Supp. 1996, relating to emergency 911 service, and to enact in lieu thereof one new section relating to the same subject.

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

     On motion of Senator Russell, HB 95 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksCurlsScott--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 125, with SCA 1, introduced by Representative Heckemeyer, entitled:

     An Act to repeal section 85.541, RSMo 1994, relating to certain municipal police departments, and to enact in lieu thereof one new section relating to the same subject.

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

     SCA 1 was taken up.

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

     On motion of Senator Staples, HB 125, 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 Staples, title to the bill was agreed to.

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

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

     HB 609, introduced by Representative Summers, entitled:

     An Act relating to special road districts.

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

     On motion of Senator Graves, HB 609 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 Graves, title to the bill was agreed to.

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

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

     HB 566, with SCA 1, introduced by Representative Treadway, entitled:

     An Act relating to school bus drivers, with penalty provisions and an effective date.

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

     SCA 1 was taken up.

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

     On motion of Senator Scott, HB 566, 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 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.

     HB 689, introduced by Representative Foley, entitled:

     An Act to repeal section 99.340, RSMo 1994, relating to land clearance for redevelopment authority commissioners, and to enact in lieu thereof one new section relating to the same subject.

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

     On motion of Senator Scott, HB 689 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 Scott, title to the bill was agreed to.

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

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

     HB 651, introduced by Representative Schilling, entitled:

     An Act to authorize the governor to convey certain property of Southwest Missouri State University in Greene County, Missouri, to the city of Springfield.

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

     On motion of Senator Bentley, HB 651 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 Bentley, title to the bill was agreed to.

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

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

SENATE BILLS FOR PERFECTION

     Senator Bentley moved that SB 225 and SB 3, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs 225 and 3, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 225 and 3

     An Act to repeal sections 192.016, 193.125, 210.491, 211.444, 211.447, 453.005, 453.010, 453.014, 453.015, 453.025, 453.030, 453.040, 453.065, 453.070, 453.073, 453.075, 453.080, 453.110, 453.170, and 568.175, RSMo 1994, and sections 210.109 and 453.060, RSMo Supp. 1996, relating to adoption, and to enact in lieu thereof twenty-five new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Bentley moved that SCS for SBs 225 and 3 be adopted.

     Senators Bentley and Sims offered SS for SCS for SBs 225 and 3, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 225 and 3

     An Act to repeal sections 192.016, 193.125, 210.491, 211.444, 211.447, 453.005, 453.010, 453.014, 453.015, 453.025, 453.030, 453.040, 453.065, 453.070, 453.073, 453.075, 453.080, 453.110, 453.170, and 568.175, RSMo 1994, and sections 210.109 and 453.060, RSMo Supp. 1996, relating to adoption, and to enact in lieu thereof twenty-five new sections relating to the same subject, with penalty provisions.

     Senator Bentley moved that SS for SCS for SBs 225 and 3 be adopted.

     Senator Sims offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate - Bills Nos. 225 and 3, Page 18, Section 211.447, Line 3 of said page, by inserting immediately before the word "specific" the following: "committing a"; and further amend line 4 of said page, by striking the following: "spousal abuse" and inserting in lieu thereof the following: "abuses as defined in section 455.010, RSMo,".

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

     Senator Johnson assumed the Chair.

     Senator Ehlmann offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 225 and 3, Page 18, Section 211.447, Line 1, by adding immediately after said line the following:

     "(5) The child was conceived and born as a result of an act of forcible rape. When the biological father has pled guilty to, or is convicted of, the forcible rape of the birth mother, such a plea or conviction shall be conclusive evidence supporting the termin-ation of the biological father's parental rights; or"; and

     Further amend by renumbering the remaining subsection accordingly.

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

     Senator Schneider offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 225 and 3, Page 26, Section 453.030, Line 14, by inserting after the word "persons" the words: "who are present at the execution"; and amend line 15, by inserting after the word "thereon" the words: "and who determine and certify that the consent is knowingly and freely given"; and amend page 14, Section 211.444, line 11, by inserting after "persons" the words: "who are present at the execution"; and amend line 12, by inserting after "thereon" the words "and who determine and certify that the consent is knowingly and freely given".

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

     Senator Bentley moved that SS for SCS for SBs 225 and 3, as amended, be adopted, which motion prevailed.

     On motion of Senator Bentley, SS for SCS for SBs 225 and 3, as amended, was declared perfected and ordered printed.

     SB 282 was placed on the Informal Calendar.

     Senator Russell moved that SB 376, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 376, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 376

     An Act to amend chapter 306, RSMo, by adding thereto five new sections relating to the regulation of vessels, with penalty provisions and an emergency clause.

     Was taken up.

     Senator Russell moved that SCS for SB 376 be adopted, which motion prevailed.

     On motion of Senator Russell, SCS for SB 376 was declared perfected and ordered printed.

     Senator Flotron moved that SJR 6 be taken up for perfection, which motion prevailed.

     Senator Flotron offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Joint Resolution No. 6, Page 1, In the Preamble, Line 2, by striking "the first Tuesday in April, 1997"; and inserting in lieu thereof the following: "Tuesday next following the first Monday in November, 1998".

     Senator Flotron moved that the above amendment be adopted.

     Senator Mathewson assumed the Chair.

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

     Senator Flotron offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Joint Resolution No. 6, Page 1, In the Preamble, Line 2, by striking "on the first Tuesday in April, 1997" and inserting in lieu thereof the following: "at an election to be called by the governor for that purpose".

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

     Senator Klarich offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Joint Resolution No. 6, Page 1, Section A, Line 2, by adding at the end thereof: "and no proposal shall be submitted or have effect by a constitutional salary commission upon the affirmative vote of this amendment".

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

     On motion of Senator Flotron, SJR 6, as amended, was declared perfected and ordered printed.

     Senator Wiggins moved that SB 5, with SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SCS for SB 5 was again taken up.

     Senator Wiggins moved that SCS for SB 5 be adopted.

     Senator Scott assumed the Chair.

     Senator Johnson offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 5, Page 2, Section 2, Line 8, by inserting immediately after all of said line the following:

     "Section 3. The commission shall allow passengers to board the excursion gambling boats at any time while such boats are docked."; and

     Further amend the title and enacting clause accordingly.

     Senator Johnson moved that the above amendment be adopted.

     Senator Caskey offered SA 1 to SA 1:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Committee Substitute for Senate Bill No. 5, Page 1, Section 3, Line 3, by inserting immediately after said line the following:

     "Section 4. Any city or county which has previously voted to conduct gambling games on an excursion gambling boat pursuant to section 313.812, RSMo, may vote to continue or to discontinue all gambling games on any gambling boat. If the voters of such city or county present a petition signed by a number of voters equal to ten percent of those in the city or county who voted in the most recent gubernatorial election, then the governing body of the city or county shall submit such a proposal to the voters of the city or county. Such vote may be held at any general, primary or special election. The ballot submission shall contain, but need not be limited to, the following language:

     Shall the City (County) of .......... continue to allow the licensing of gambling boats or floating facilities in the city (county)?

     [ ] Yes          [ ] No

If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No". If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then all gambling games shall continue as before. If a majority of the votes cast thereon are in favor of discontinuing the gambling games, all such gambling games on gambling boats shall cease sixty days from the date of the election.".

     Senator Caskey moved that the above amendment be adopted.

     Senator Jacob raised the point of order that SA 1 to SA 1 is out of order in that it exceeds the scope of SA 1 and could stand as an amendment on its own.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     Senator Staples assumed the Chair.

     Senator Jacob offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 5, Page 2, Section 2, Line 8, by inserting immediately after all of said line the following:

     "Section 3. The commission shall allow passengers to board the excursion gambling boats at any time while such boats are docked.

     Section 4. Notwithstanding the provisions of Chapter 313, any City or County that has a licensed excursion gambling boat(s) or floating facilities as set forth in Section 313.812(10), upon the motion of the governing body of the city or county, or upon the petition of fifteen percent (15%) of the qualified voters of the city or county determined on the basis of the number of votes cast for governor in the city or county at the last election held prior to filing of the petition, may hold an election, either at a general, primary or special election day, to determine whether the maximum loss provision of Section 313.805(3), which limit the maximum loss per individual player on any gambling excursion, shall apply to gaming licensees in the City or County. The questions shall be submitted in substantially the following form:

     Shall the gaming licensees of the City (County) of .................... be exempt from the maximum loss provisions of Section 313.805(3) which limit the maximum loss per individual player on any gambling excursion?

     The ballot issues will only become effective when the majority of votes cast in a district as defined herein are in favor of the ballot issue. A "district" is defined as all of the home dock cities or counties that have a licensed excursion gambling boat(s) or floating facilities as set forth in Section 313.812(10) within a twenty (20) mile radius of any gaming licensee at the time of the election. The vote will be cumulative in each district. If a majority of the votes in any district defined herein are in favor of the question, then the Commission may not thereafter in that district enforce or regulate the maximum loss provisions of Section 313.805(3).

     If another excursion gambling boat or floating facility is licensed within a district that has already voted in favor of the question, then the Commission may not enforce or regulate the maximum loss provisions of Section 313.805(3) for that licensee. If another excursion gambling boat or floating facility is licensed outside of a district that has already voted in favor of the questions, then the Home Dock City or County of the new licensee becomes a separate district for purposes of this section and for holding an election on the question."; and

     Further amend the title and enacting clause accordingly.

     Senator Jacob moved that the above substitute amendment be adopted.

     Senator Caskey raised the point of order that SSA 1 for SA 1 is out of order as it is in the third degree.

     The point of order was referred to the President Pro Tem.

     Senator Flotron raised the point of order that SSA 1 for SA 1 is not timely in that there is an amendment pending.

     The point of order was referred to the President Pro Tem.

     President Pro Tem McKenna ruled both points of order well taken.

     SA 1 to SA 1 was again taken up.

     Senator Clay assumed the Chair.

     Senator Caskey moved that SA 1 to SA 1 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Kenney, Mathewson and Westfall.

     SA 1 to SA 1 was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersEhlmann
FlotronGoodeGravesHouse
KenneyKinderKlarichLybyer
MaxwellMuellerRohrbachRussell
SchneiderSingletonWestfall--19
Nays--Senators
BanksClayCurlsDePasco
HowardJacobJohnsonMathewson
McKennaQuickScottSims
StaplesWigginsYeckel--15
Absent--Senators--None
Absent with leave--Senators--None

     At the request of Senator Wiggins, SB 5, with SCS and SA 1, as amended (pending), was placed on the Informal Calendar.

PRIVILEGED MOTIONS

     Senator Klarich moved that SB 148, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 148, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 148

     An Act to repeal section 381.412, RSMo Supp. 1996, relating to real estate settlement agents, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Klarich moved that HCS for SB 148 be adopted, which motion prevailed 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

     On motion of Senator Klarich, HCS for SB 148 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 Klarich, title to the bill was agreed to.

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

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

     Bill ordered enrolled.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 310, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

     President Pro Tem McKenna resumed the Chair.

          SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and SB 310, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

BILLS DELIVERED TO THE GOVERNOR

     SB 310, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

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

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

     Mr. President: Your Committee on Education, to which was referred SB 428, begs leave to report that it has considered the same and recommends that the bill do pass.

     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 201, 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 SB 285, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 HCS for SCS for SB 408, entitled:

     An Act relating to energy costs.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 402.

     With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 402, Section 197.400(4), Page 2, Line 13, by deleting ";" and adding the following: ", except for services provided to their own residents by facilities as defined in subdivisions (15), (16) and (17) of section 198.006, RSMo;".

     In which the concurrence of the Senate is respectfully requested.

     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 SB 368, entitled:

     An Act to repeal section 140.170, RSMo Supp. 1996, relating to delinquent property taxes, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 262.

     With House Perfecting Amendment No. 1 and House Committee Amendment No. 1.

HOUSE PERFECTING AMENDMENT NO. 1 TO HOUSE COMMITTEE AMENDMENT NO. 1

     Amend House Committee Amendment No. 1 for Senate Bill No. 262, Page 1095 of the House Journal, 11 lines from the bottom of the page, by inserting after said line the following "Further amend said section, line 26, by inserting immediately after the word "hundred" the following "fifty".

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 262, Page 7, Section 329.080, Line 23, by striking the word "six" and inserting in lieu thereof the word "seven"; and

     Further amend said section, line 36, by inserting immediately after the word "hundred" the following "fifty"; and

     Further amend said section, line 45, by inserting immediately after the word "hundred" the following "fifty"; and

     Further amend said section, line 46, by inserting immediately after the word "hundred" the following "fifty".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 242.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 70.

     Emergency clause adopted.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 175.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SCS for SB 194, entitled:

     An Act to repeal sections 50.1020, 50.1130 and 50.1180, RSMo 1994, relating to death benefits for county retirement system members, and to enact in lieu thereof three new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 112.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 59, entitled:

     An Act to repeal section 301.210, RSMo 1994, relating to motor vehicles, and to enact in lieu thereof two new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 122.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 395.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 58, entitled:

     An Act to repeal section 214.132, RSMo 1994, relating to private burial grounds, and to enact in lieu thereof six new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 371.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 241, entitled:

     An Act to repeal sections 137.021 and 137.555, RSMo 1994, and section 137.016, RSMo Supp. 1996, relating to certain tax levies on property, and to enact in lieu thereof three new sections relating to the same subject.

     With House Perfecting Amendment No. 1.

HOUSE PERFECTING AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Bill No. 241, Page 5, Section 137.555, by deleting the words "two counties" and inserting in lieu thereof the words "one county of the first classification and one county".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 21.

HOUSE CONCURRENT RESOLUTION NO. 21

     WHEREAS, the lack of adequate office space for legislators and staff along with the lack of adequate facilities to conduct hearings, meetings and other legislative functions at our State Capitol has been an issue of major and growing concern for many years; and

     WHEREAS, in 1995, Sverdrup Facilities Corporation and its consultants published a comprehensive State Office Space Study and Master Plan after having been requested by the State of Missouri Office of Administration to develop a strategic plan for accommodating space needs for non-institutional offices statewide through Fiscal Year 2004; and

     WHEREAS, one of the primary goals of this strategic plan was to address those issues which inhibit the efficient delivery of government services to the citizens of the state; and

     WHEREAS, in this State Office Space Study and Master Plan, a specific reference to the State Capitol declared "The State Capitol Building, with the exception of the Senate and House chambers, is suffering from many ill-conceived renovations and overcrowding", and "Many spaces are poorly ventilated, lighted and appointed creating an uncomfortable and unsophisticated office environment"; and

     WHEREAS, also in this office space study, it was suggested that the current Missouri Department of Transportation (MODOT) Headquarters Building could be made available to relieve Capitol overcrowding with the construction of a new office building for MODOT; and

     WHEREAS, remodeling the existing MODOT Headquarters Building to serve as a "Capitol Annex" is the most viable long-term solution to the problem of Capitol overcrowding that has yet been submitted, however, the earliest that the final implementation of this solution would be realized would, in all likelihood, be the year 2004; and

     WHEREAS, one short-term measure that has been implemented to address the problem of inadequate facilities at the Capitol is the appropriation of significant sums of money for the renovation of existing offices that are much too small and crowded to begin with, and which can gain relatively little in the way of becoming more livable and functional after the expenditure of this money; and

     WHEREAS, legislators and their staff deserve to work in a safe, comfortable, and adequately-spaced office environment in order to provide the most efficient and effective service possible for the people of Missouri; and legislators, staff, and private citizens are entitled to conduct state business in a safe and comfortable environment when meeting in the various hearing rooms and committee rooms within our State Capitol; and

     WHEREAS, expedient measures need to be implemented to provide effective short-term solutions for the problem of overcrowding at the State Capitol; and

     WHEREAS, Section 8.460, Revised Statutes of Missouri, subsection 1, states "The board of public buildings may build an office building in the City of Jefferson to house state offices which are presently located in rented quarters within the county of Cole, and they shall remove as many offices from the State Capitol building as the general assembly deems necessary to provide adequate space for its members; and

     WHEREAS, Section 8.015, Revised Statutes of Missouri, gives Senate Administration exclusive control over the Senate Chamber, the Senate Committee rooms, the offices of the members of the Senate at the State Capitol, and all other rooms and offices of the State Capitol designed for or assigned by the Board of Public Buildings to the use of the members and officers of the Senate, and states that "No use of any of said quarters other than by the Senate, its members or officers shall be made except with the written consent of the Senator or officer occupying the office rooms and upon the order of the accounts committee"; and

     WHEREAS, Section 8.017, Revised Statutes of Missouri, gives the House Committee on Accounts, Operation and Finance exclusive control over the House Chamber, the House Committee rooms, the offices of the members of the House at the State Capitol, and all other rooms and offices of the State Capitol designed for or assigned by the Board of Public Buildings to the use of the members and officers of the House, and states that "No use of any of said quarters other than by the House, its members or officers shall be made except with the written consent of the Representative or officer occupying the office rooms and upon the order of the accounts committee":

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, hereby declare all office rooms, committee rooms, hearing rooms, and all other rooms and facilities within the State Capitol building to be under the domain and control of the Missouri General Assembly through the House Accounts, Operation and Finance Committee and Senate Administration, and further assert the right to reserve any and all of these rooms and facilities for the exclusive use of legislators and legislative staff; and

     BE IT FURTHER RESOLVED that the General Assembly hereby calls upon the Office of Administration to take steps bring about the expedient re-location of the Missouri Department of Transportation so that the current MODOT Headquarters building may be renovated to serve as an annex to the State Capitol; and

     BE IT FURTHER RESOLVED that the House Committee on Accounts, Operation and Finance and Senate Administration be directed to coordinate efforts with the Office of Administration to bring about the expedient re-location of the Missouri Department of Transportation; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Commissioner of Administration, the House Committee on Accounts, Operation and Finance, and for Senate Administration.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 24.

HOUSE CONCURRENT RESOLUTION NO. 24

     WHEREAS, the members of the Missouri General Assembly are deeply concerned about the large increases in home heating bills that the citizens of Missouri have experienced this winter; and

     WHEREAS, the price charged by unregulated suppliers for natural gas has increased this winter at an unprecedented rate, resulting in gas bills for many families that are two or three times higher than last year's bills; and

     WHEREAS, many constituents of the Missouri legislature are undergoing significant financial hardship as a direct result of having to pay dramatically increased heating costs; and

     WHEREAS, heat for one's residence in the winter, like food and shelter, is a basic necessity of life that must be made available and accessible to all citizens at affordable rates; and

     WHEREAS, the companies that produce and supply natural gas to local gas distribution companies in Missouri are primarily out-of-state large oil companies which are no longer regulated by the federal government; and

     WHEREAS, local regulated gas distribution companies in Missouri do not make a profit from the commodity price of gas, but pass those costs to consumers under the regulatory supervision of the Missouri Public Service Commission:

     NOW, THEREFORE, BE IT RESOLVED that the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, hereby request the United States Congress to expediently conduct federal hearings and investigations to fully determine all factors responsible for the rapidly rising cost of the natural gas commodity and to ascertain the degree to which this rising cost is necessary as implemented by unregulated suppliers of natural gas; and

     BE IT FURTHER RESOLVED that the Missouri General Assembly further requests the United States Congress to act upon the information obtained from these hearings and investigations by establishing appropriate public policies to protect constituents of Missouri and other states from uncontrolled increases in the natural gas commodity in the future; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for each member of the Missouri Congressional delegation.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 27.

HOUSE CONCURRENT RESOLUTION NO. 27

     WHEREAS, moneys appropriated by the Missouri General Assembly for the University of Missouri represent a substantial portion of the state's annual operating budget; and

     WHEREAS, under the current budget allocation system for the University of Missouri, there are questions concerning how efficiently and how effectively these moneys are being appropriated; and

     WHEREAS, it is the position of the General Assembly that in order to provide greater accountability and expenditure information to the taxpayers of Missouri, the University of Missouri should provide detailed budget requests for submission to the General Assembly:

     NOW, THEREFORE, BE IT RESOLVED that the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, hereby call upon the President of the University of Missouri to include in his annual budget requests for each fiscal year a summary of the requests for each of the major units (campuses, extension, and system-wide administration) of the university; and

     BE IT FURTHER RESOLVED that the General Assembly further calls upon the Board of Curators of the University of Missouri, following action by the General Assembly and the Governor on the President's request, to consider an overall operating budget for the fiscal years including all sources of income, state and non-state; and

     BE IT FURTHER RESOLVED that the General Assembly further requests that any operating budget presented to and acted upon by the Board of Curators include a clear indication of relationship to the previously submitted budget request and to the appropriation; and

     BE IT FURTHER RESOLVED that the General Assembly calls upon the Board of Curators to supply to the Governor's office and to the leadership of the General Assembly the adopted operating budget along with the additional information pertaining to the previously submitted budget request and appropriation, as part of the University's accountability to the people of Missouri; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the President and the Board of Curators of the University of Missouri.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 29.

HOUSE CONCURRENT RESOLUTION NO. 29

     WHEREAS, the United States Congress has begun deliberations that will lead to reauthorization of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); and

     WHEREAS, reauthorization of this federal transportation law is critical to the continued maintenance and development of an efficient and safe transportation system for Missouri citizens; and

     WHEREAS, an efficient and safe transportation system is essential to the economic prosperity of Missouri citizens; and

     WHEREAS, Missouri receives significantly less in federal highway funding than its percentage share of payments into the federal Highway Trust Fund; and

     WHEREAS, the General Accounting Office has determined that current federal highway funding formulas do not adequately account for state highway needs and uses outdated factors for distributing funds among the states; and

     WHEREAS, reauthorization of ISTEA presents a critical opportunity to develop equitable and fair highway distribution formulas and ensure appropriate return of federal highway moneys to Missouri; and

     WHEREAS, adequate support for the National Highway System is necessary to provide mobility and economic benefits to Missouri citizens and to ensure that Missouri is connected to the rest of the nation with a modern transportation system:

     NOW, THEREFORE, BE IT RESOLVED that the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, that the Congress of the United States should enact, prior to expiration of ISTEA, legislation to reauthorize a strong intermodal transportation system; and

     BE IT FURTHER RESOLVED that the Congress of the United States, in reauthorization of ISTEA, should correct the inequitable federal highway funding formulas; and

     BE IT FURTHER RESOLVED that the Congress of the United States should develop federal highway funding formulas that recognize the pressing highway needs of Missouri and return an increased share of federal highway moneys to Missouri; and

     BE IT FURTHER RESOLVED that the Congress of the United States should ensure that such funding formulas provide at least a ninety-five percent return on Missouri's contribution to the federal Highway Trust Fund; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for each member of the Missouri Congressional delegation.

     In which the concurrence of the Senate is respectfully requested.

     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 HB 373, entitled:

     An Act to repeal sections 160.534 and 166.300, RSMo Supp. 1996, relating to the school building revolving fund, 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.

RESOLUTIONS

     Senator Schneider offered Senate Resolution No. 655, regarding Mr. Gerald E. Winship, Lee's Summit, which was adopted.

     Senator Scott offered Senate Resolution No. 656, regarding Phyllis Schlafly, St. Louis, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Mathewson introduced to the Senate, Bob Berlin, Warren Pruitt and Jack Vaughn, Sedalia.

     Senator Rohrbach introduced to the Senate, Steven Cowen and Joseph Litwiller, Boonville.

     Senator Lybyer introduced to the Senate, fourteen fourth grade students from St. Patrick's School, Rolla; and Brenna Flaherty, Kaitlin Keselis, Sam Steelman and Ajay Rao were made honorary pages.

     Senator Flotron introduced to the Senate, Arthur Busekist, and forty seventh through twelfth grade students from Parkway North High School, St. Louis; and Young Paik, Salil Sheth, Martha Sparks and Aaron Fischer were made honorary pages.

     Senator Klarich introduced to the Senate, Dave Craig, Wildwood; and Pepe LaPlant, Dutch Borcherding, Gene Brez, Al Westrich, Thomas L. Miller, Tom Fenner, Robert Miller, H. Corky Maschmann, Gary Lucy, Howard Pelster and Leo Curtwright, Washington.

     Senator Wiggins introduced to the Senate, Bill Roche, Kansas City.

     On behalf of Senator McKenna, the President introduced to the Senate, Krystal Hargis, Kathy Redford, Betty Fox, Barb Allen and Janine Bell, Jefferson County.

     Senator Westfall introduced to the Senate, the Physician of the Day, Ben Koon, M.D., Bolivar.

     Senator Graves introduced to the Senate, members of the Albany and Bethany Chambers of Commerce.

     Senator Russell introduced to the Senate, Lee Eaton, and sixty seventh grade students from Joel E. Barbar School, Lebanon; and Amanda Hodge, Cody Jones, Molly Maggard and Heather Wolken were made honorary pages.

     Senator Mueller introduced to the Senate, Pachyderms from around the state.

     Senator Ehlmann introduced to the Senate, Jim and Penny Bennett, Earl Ludlow, Mike Hazelbaker, Penny Henke, Wilbur Brooks and Roland Wetzel, St. Charles County.

     Senator Bentley introduced to the Senate, David Schultz, Mel Thompson, Paul Nahon, Mavis Busiek and Bill Kay, Springfield.

     Senator McKenna introduced to the Senate, Jim Patmore, and twenty seventh grade students from St. Joseph School, Kimmswick; and Beth Nash, Richard Spicer, Laura Perry and Shannon Selsor were made honorary pages.

     Senator Yeckel introduced to the Senate, John Winston and Marilyn Francie, St. Louis.

     Senator Bentley introduced to the Senate, Bill Perkin and Tammy Leigh, Springfield.

     Senator Klarich introduced to the Senate, Robert and Nadine McDonald, Union.

     On behalf of Senator Caskey, the President introduced to the Senate, Angie Voelmeck, and twenty-five seventh and eighth grade students from Leesville R-IX School, Clinton; and Sam Callahan, Tiffany Todd, Genesis Nichols and Erin Snider were made honorary pages.

     Senator Westfall introduced to the Senate, Carolyn Harshfield, Chris Thompson, Randy Willard, and thirty-nine sixth grade students from Ash Grove; and Jamison Laird, David Townsend, Jessica Dean and Piper Stacey were made honorary pages.

     Senator Westfall introduced to the Senate, Shirley Brown, and thirty-one sixth grade students from Bois D Arc; and Brandon Moore and Nic Carter were made honorary pages.

     Senator Ehlmann introduced to the Senate, eighth grade students from St. Theodore's Catholic School, Flint Hill.

     On behalf of Senator Lybyer, Senator Rohrbach and himself, Senator Westfall introduced to the Senate, Sam Tatiersky, an Exchange Student from Russia; Natasa Netriova and Olga Luchnaskaya, Russia; and Joe and Clay Lincoln, Russellville.

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