Journal of the Senate

FIRST REGULAR SESSION


FIFTY-SEVENTH DAY--WEDNESDAY, APRIL 23, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we know You are a God who answers prayer. The people gathered here are a people of prayer. We believe You can change minds, influence people and accomplish great things. Our prayer is to guide us to use the time left in this session to change lives, enrich people and improve our quality of life. 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 Staples offered Senate Resolution No. 657, regarding Mr. Harry Henneman, St. Louis, which was adopted.

     Senator Staples offered Senate Resolution No. 658, regarding Mr. R. Max Frye, St. Joseph, which was adopted.

     Senator Schneider offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 659

     WHEREAS, the members of the Missouri Senate are continually impressed with the level of dedication exhibited by such longstanding and highly-regarded leaders in this state as Mr. Gerald E. Winship of Lee's Summit; and

     WHEREAS, Gerald Winship, President of Winship Travel Agency and former Missouri State Senator for the 16th District, merits special praise for his many years of outstanding public service and civic involvement which have had a profound and lasting impact on improving the quality of life for all Missourians; and

     WHEREAS, past Vice President and Director of Public Relations for both the Bank of Independence and for the Farm & Home Savings & Loan Association, Mr. Winship entered the political arena in 1966 when Governor Warren E. Hearnes appointed him member and Secretary of the Jackson County Election Board, in which capacity he served faithfully and well until 1974, when he was appointed by Governor Christopher S. Bond to serve as Chairman of the Election Board; and

     WHEREAS, prior to his election to the Missouri Senate, Gerald Winship earned further recognition for his leadership as Chairman for the State of Missouri, 1976 Republican National Convention in Kansas City, and as Chairman of the Airport Welcoming Committee for Delegates and Guests; and

     WHEREAS, while serving as State Senator representing the areas of Independence, Blue Springs, and Lee's Summit, Gerald Winship faithfully addressed the needs and concerns of his constituents and made history as the Senator who cast the deciding vote in passing the last salary increase for judges, statewide officials, and legislators; and

     WHEREAS, the 1980 Republican candidate for the office of State Treasurer, Mr. Winship has maintained an extensive record of community involvement that includes his efforts as a member of the Kansas City Royals Baseball Royal Lancers Group, the Chamber of Commerce, YMCA, Rotary Club, RLDS Men's Club, John Knox Village Board, Park College Board of Directors, and many other boards, commissions, and organizations:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join unanimously in extending a most cordial welcome to Gerald Winship, his wife, Dr. Sally Winship; and his son, Steve, as they visit the state capitol, and extend to him our best wishes for many more years of success and happiness; and further, that the flag be flown over the State Capitol today in his honor, and hereafter on this date annually into perpetuity; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mr. Gerald E. Winship, as a measure of our esteem for him.

     Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 660

     WHEREAS, the members of the Missouri Senate welcome every opportunity to celebrate the achievements of the students and professors at our state's institutions of higher learning; and

     WHEREAS, the Missouri Senate values well-reasoned debate as an important instrument for the processes of the democratic framework, and take special pride in recognizing the accomplishments and special talents of intercollegiate debaters; and

     WHEREAS, on March 31, 1997, the University of Missouri-Kansas City Debate Squad brought tremendous honor and recognition to the university and the state of Missouri by winning their third National Debate Championship in four years; and

     WHEREAS, UMKC ranked number one in the nation, ahead of such fine schools as Michigan State University, Northwestern University, Southern Illinois University and the United States Military Academy, and defeated two hundred and thirty-seven other colleges and universities in the Cross Examination Debate Association; and

     WHEREAS, UMKC debate teams won tournaments at Southwestern Missouri State University, California State University at Sacramento, the University of Central Oklahoma, the University of Utah, and closed out the MidAmerica Regional tournament on their way to capturing the 1997 Cross Examination Debate Association National Sweepstakes Award, which recognizes the college program that won the most debates over the course of the 1996-97 season; and

     WHEREAS, this prestigious National Championship testifies to the exceptional skill and determination of the individual debaters Jenny Barker, Scott Betz, Josh Coffman, Casie Collignon, Eric Jenkins, Myron King, Monte Stevens, and Adam Whyte; and

     WHEREAS, the outstanding success of the UMKC Debate Squad would not have been possible without the input and guidance of Director of Debate Linda M. Collier, Assistant Director of Debate Lea Farstveet, and Assistant Coaches Elizabeth Repko, David Genco and Brian Johnston; and

     WHEREAS, UMKC debater Jenny Barker was named the eighth-best speaker out of four hundred competitors, and Eric Jenkins was named the tenth-best speaker out of four hundred competitors at the national tournament and was also named to the All-American Debate Squad, and Monte Stevens was named the eleventh-best speaker out of the four hundred competitors at the national tournament, and Scott Betz was named to the National Scholastic Debate Team;

     NOW, THEREFORE, BE IT RESOLVED, that we, the members of the Missouri Senate, Eighty-Ninth General Assembly, unanimously join in extending our hearty congratulations and best wishes to the debate squad in recognition of this truly significant achievement, and further extend our very best wishes for continued success; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for each member of this national championship squad and for each of their directors and coaches, as a measure of our esteem for them.

REFERRALS

     President Pro Tem McKenna referred HCR 21, HCR 24, HCR 27 and HCR 29 to the Committee on Rules, Joint Rules and Resolutions.

HOUSE BILLS ON THIRD READING

     HB 540, introduced by Representative Bray, entitled:

     An Act to repeal section 475.120, RSMo 1994, relating to guardianship of a minor, 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 Sims.

     On motion of Senator Sims, HB 540 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsSingleton--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 309, introduced by Representative Treadway, entitled:

     An Act to repeal sections 329.040, 329.045, 329.080 and 329.085, RSMo Supp. 1996, relating to the licensing and regulation of cosmetologists, and to enact in lieu thereof four new sections relating to the same subject.

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

     On motion of Senator Banks, HB 309 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Curls--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 727, introduced by Representative McBride, entitled:

     An Act to repeal section 559.021, RSMo 1994, relating to community 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 Caskey.

     On motion of Senator Caskey, HB 727 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Curls--1
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 Yeckel moved that motion lay on the table, which motion prevailed.

     HB 249, with SCA 1, introduced by Representative Kreider, entitled:

     An Act to repeal sections 190.305 and 190.329, RSMo Supp. 1996, relating to emergency telephone service, and to enact in lieu thereof three new sections relating to the same subject.

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

     SCA 1 was taken up.

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

     On motion of Senator Childers, HB 249, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsSchneider--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 300, introduced by Representative Barry, entitled:

     An Act to repeal section 565.250, RSMo Supp. 1996, relating to invasion of privacy, 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 Yeckel.

     On motion of Senator Yeckel, HB 300 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 213, introduced by Representative Treadway, entitled:

     An Act to repeal section 339.770, RSMo Supp. 1996, relating to intersectional reference in real estate broker disclosure statute, 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 Caskey.

     On motion of Senator Caskey, HB 213 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 713, introduced by Representatives Davis (63) and Murray, entitled:

     An Act relating to disposition of a stillborn child, with penalty provisions.

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

     On motion of Senator DePasco, HB 713 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Jacob--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 773, introduced by Representative McBride, entitled:

     An Act relating to motor vehicles, with an emergency clause.

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

     Senator Wiggins assumed the Chair.

     On motion of Senator Lybyer, HB 773 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Flotron--1
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ChildersFlotronSchneiderScott--4
Absent with leave--Senators--None

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

     HB 783, introduced by Representative Stoll, entitled:

     An Act to repeal section 302.171, RSMo Supp. 1996, relating to motor vehicle drivers' licenses, 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 McKenna.

     On motion of Senator McKenna, HB 783 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyGravesStaples--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

     Senator House moved that SJR 19 be taken up for perfection, which motion prevailed.

     Senator Johnson announced that photographers from The Riverfront Times had been given permission to take pictures in the Senate Chamber today.

     Senator Staples assumed the Chair.

     Senator Ehlmann offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Joint Resolution No. 19, Page 2, Section 40, Line 33, by deleting the brackets on said line and adding after the word "districts;" the following "except that existing school districts may be subdivided into smaller school districts".

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

     Senator House moved that SJR 19 be declared perfected and ordered printed, which motion failed.

PRIVILEGED MOTIONS

     Senator House moved that SB 155, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Johnson assumed the Chair.

     Senator House moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
SingletonStaples--2
Absent with leave--Senators--None

     On motion of Senator House, SB 155, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyMcKennaStaples--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Bill ordered enrolled.

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 adopted HCR 28.

HOUSE CONCURRENT RESOLUTION NO. 28

     WHEREAS, in recent years, the rail transportation service provided by Amtrak between St. Louis and Kansas City has been jeopardized by low levels of patronage which have made the service unprofitable to Amtrak; and

     WHEREAS, in order to rectify this situation, the State of Missouri has begun providing subsidies to Amtrak in order to keep the service from St. Louis to Kansas City operating at its current level; and

     WHEREAS, on March 15, 1997, Amtrak refused to allow members of the Jackson County Wheelmen, a local bicycle club, and other area cyclists, to take their bicycles on the train from Independence to Sedalia, where they wished to ride on the KATY Trail; and

     WHEREAS, Amtrak currently has regulations in place forbidding bicycles to be rolled on board its passenger trains in the Midwest due to concerns about space; and

     WHEREAS, bicyclists have proposed viable solutions to this problem of storage; and

     WHEREAS, cyclists wishing to board Amtrack in Missouri with their bicycles are seeking to take advantage of the Amtrak line's close proximity to the KATY Trail, where Amtrack could provide convenient access for cyclists to the trail at Sedalia, Jefferson City, Hermann, and Washington; and

     WHEREAS, were Amtrak to revise its policy to allow cyclists to board passenger trains in the Midwest with their bicycles, the new service could substantially increase Amtrack's low usage and thereby save taxpayers money in the future; and

     WHEREAS, the Missouri Department of Natural Resources has estimated that 300,000 people used the KATY Trail last year, a large portion of whom were cyclists; and

     WHEREAS, last year, the State of Missouri subsidized Amtrak in the amount of $3.6 million, and Amtrack is again seeking a substantial state subsidy in 1997; and

     WHEREAS, as a condition for the continued subsidization of Amtrack with taxpayer money, the company should make every reasonable effort to meet the needs and desires of its customers and potential customers as a means toward operating with a greater degree of efficiency and profitability:

     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 call upon Amtrack to modify its current policy in order to allow cyclists to bring their bicycles on board its passenger trains in 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 Amtrak.

     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 refuses to concur in SCA 1 to HB 327 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 125 and has again taken up and passed HB 125 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 566 and has again taken up and passed HB 566 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 709 and has again taken up and passed SCS for HB 709.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 520 and has again taken up and passed HB 520 as amended.

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

RECESS

     The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

RESOLUTIONS

     Senator Sims offered Senate Resolution No. 661, regarding Sarah Derhake, St. Louis, which was adopted.

     Senators Staples and Sims offered Senate Resolution No. 662, regarding Heather Keith, Sulphur Springs, which was adopted.

     Senators Scott and Sims offered Senate Resolution No. 663, regarding Jennifer Neumann, St. Louis, which was adopted.

     Senators Scott and Sims offered Senate Resolution No. 664, regarding Katherine Rodi, St. Louis, which was adopted.

     Senators Scott and Sims offered Senate Resolution No. 665, regarding Jennifer Shew, St. Louis, which was adopted.

     Senators Scott and Sims offered Senate Resolution No. 666, regarding Michele Hayes, St. Louis, which was adopted.

     Senators Scott and Sims offered Senate Resolution No. 667, regarding Joanna Wokurka, St. Louis, which was adopted.

     Senators Scott and Sims offered Senate Resolution No. 668, regarding Brianna Carter, St. Louis, which was adopted.

     Senators Ehlmann and Sims offered Senate Resolution No. 669, regarding Kelly Bauer, St. Peters, which was adopted.

     Senators Ehlmann and Sims offered Senate Resolution No. 670, regarding Marie Livergood, Lake St. Louis, which was adopted.

     Senators Mueller and Sims offered Senate Resolution No. 671, regarding Stacy Stevens, Fenton, which was adopted.

     Senators Mueller and Sims offered Senate Resolution No. 672, regarding Alyssa Barker, Fenton, which was adopted.

     Senators Mueller and Sims offered Senate Resolution No. 673, regarding Michelle Toole, Fenton, which was adopted.

     Senators Mueller and Sims offered Senate Resolution No. 674, regarding Whitney Lyn, St. Louis, which was adopted.

     Senators Schneider and Sims offered Senate Resolution No. 675, regarding Rebecca Jackson, Florissant, which was adopted.

     Senators House and Sims offered Senate Resolution No. 676, regarding Amanda Licklider, St. Charles, which was adopted.

     Senators House and Sims offered Senate Resolution No. 677, regarding Kristin Manes, St. Charles, which was adopted.

     Senators House and Sims offered Senate Resolution No. 678, regarding Darla Brassel, Wentzville, which was adopted.

     Senators House and Sims offered Senate Resolution No. 679, regarding Audrey Gecas, Warrenton, which was adopted.

     Senators House and Sims offered Senate Resolution No. 680, regarding Christine E. Clark, Warrenton, which was adopted.

     Senators House and Sims offered Senate Resolution No. 681, regarding Athena Schenck, Warrenton, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 682, regarding Victoria Viefhaus, Eureka, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 683, regarding Leddy G. Glenn, Eureka, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 684, regarding Sue Shafferkoetter, Sullivan, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 685, regarding Sonya Tucker, Sullivan, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 686, regarding Wendy Buchholz, Washington, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 687, regarding Beth Thome, Ellisville, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 688, regarding Wendy Wildberger, Washington, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 689, regarding Elizabeth Smith, Union, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 690, regarding Gabrielle Lynn Farley, Eureka, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 691, regarding Mandy Glenn, Eureka, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 692, regarding Ann Louise Edler, Ellisville, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 693, regarding Joan Marie Klinger, Stanton, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 694, regarding Erica Louise Hayes, Union, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 695, regarding Margaret Jacobs, Eureka, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 696, regarding Jennifer Denzer, Ballwin, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 697, regarding Theresa Durst, Ballwin, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 698, regarding Christina Altholz, Union, which was adopted.

     Senators Klarich and Sims offered Senate Resolution No. 699, regarding Amy Altholz, Union, which was adopted.

     Senators McKenna and Sims offered Senate Resolution No. 700, regarding Tonya Thompson, Barnhart, which was adopted.

     Senators McKenna and Sims offered Senate Resolution No. 701, regarding Angela Margaret Crews, Barnhart, which was adopted.

     Senators McKenna and Sims offered Senate Resolution No. 702, regarding Holly Pierce, Imperial, which was adopted.

     Senators McKenna and Sims offered Senate Resolution No. 703, regarding Jennifer Mathes, High Ridge, which was adopted.

     Senators McKenna and Sims offered Senate Resolution No. 704, regarding Leah Fischer, Barnhart, which was adopted.

PRIVILEGED MOTIONS

     Senator Caskey moved that SCS for SB 194, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SCS for SB 194, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 194

     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.

     Was taken up.

     Senator Caskey moved that HCS for SCS for SB 194 be adopted, which motion prevailed by the following vote:
Yeas--Senators
CaskeyDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators--None
Absent--Senators
BanksBentleyChildersClay
CurlsSchneider--6
Absent with leave--Senators--None

     On motion of Senator Caskey, HCS for SCS for SB 194 was read the 3rd time and passed by the following vote:
Yeas--Senators
CaskeyChildersDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BanksBentleyClayCurls
Schneider--5
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 Mathewson moved that SB 375, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 375, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 375

     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.

     Was taken up.

     Senator Mathewson moved that HCS for SB 375 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BanksClayCurlsSchneider--4
Absent with leave--Senators--None

     On motion of Senator Mathewson, HCS for SB 375 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayMuellerSchneider--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

     HB 438, introduced by Representative Fritts, entitled:

     An Act to amend chapter 181, RSMo, by adding thereto one new section relating to the establishment of the Wolfner library trust fund.

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

     On motion of Senator Caskey, HB 438 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClaySchneider--2
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.

PRIVILEGED MOTIONS

     Senator Jacob moved that SCS for SB 408, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SCS for SB 408, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 408

     An Act relating to energy costs.

     Was taken up.

     Senator Jacob moved that HCS for SCS for SB 408 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClaySchneider--2
Absent with leave--Senators--None

     On motion of Senator Jacob, HCS for SCS for SB 408 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClaySchneiderScott--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

     Senator Jacob 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 Graves moved that SB 58, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 58, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 58

     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.

     Was taken up.

     Senator Graves moved that HCS for SB 58 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayLybyerSchneider--3
Absent with leave--Senators--None

     On motion of Senator Graves, HCS for SB 58 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClaySchneider--2
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 Quick moved that motion lay on the table, which motion prevailed.

     Bill ordered enrolled.

     Senator Graves moved that SB 59, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 59, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 59

     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.

     Was taken up.

     Senator Graves moved that HCS for SB 59 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsJohnson--3
Absent with leave--Senators--None

     On motion of Senator Graves, HCS for SB 59 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayJohnsonStaples--3
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 Quick moved that motion lay on the table, which motion prevailed.

     Bill ordered enrolled.

     Senator Rohrbach moved that SB 353, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Rohrbach moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
KenneyKinderKlarichMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsJohnsonLybyer--4
Absent with leave--Senators--None

     On motion of Senator Rohrbach, SB 353, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsJohnson--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsJohnson--3
Absent with leave--Senators--None

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

     Senator Rohrbach 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 Singleton moved that SB 34, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 34, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 34

     An Act relating to the conveyance of certain real property.

     Was taken up.

     Senator Singleton moved that HCS for SB 34, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsLybyerScott--4
Absent with leave--Senators--None

     On motion of Senator Singleton, HCS for SB 34, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayLybyer--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

SENATE BILLS FOR PERFECTION

     Senator Kinder moved that SB 147, with SCS, SS for SCS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 2 was again taken up.

     At the request of Senator Schneider, the above amendment was withdrawn.

     At the request of Senator Kinder, SS for SCS for SB 147 was withdrawn.

     Senator Kinder offered SS No. 2 for SCS for SB 147, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 147

     An Act to repeal sections 57.201, 57.220, 57.221, 57.251, 85.011, 290.140 and 590.500, RSMo 1994, and section 57.250, RSMo Supp. 1996, relating to the rights of certain employees, and to enact in lieu thereof six new sections relating to the same subject.

     Senator Kinder moved that SS No. 2 for SCS for SB 147 be adopted.

     Senator Rohrbach raised the point of order that SS No. 2 for SCS for SB 147 is out of order in that the substitute goes beyond the scope of the original bill.

     Senator Wiggins assumed the Chair.

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

     Senator Howard offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 147, Page 9, Section 290.140, Line 19, by inserting after said line the following:

     "Section 1. The provisions of Section 290.140 shall not apply to any employer engaged in agriculture or to any employee engaged in agricultural labor, as defined in Section 288.034, RSMo."; and

     Further amend the title and enacting clause accordingly.

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

     Senator House offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 147, Page 8, Section 590.500, Lines 3-4 of said page, by inserting an opening bracket "[" before the word "which" on line 3 and a closing bracket "]" after "officers" on line 4; and

     Further amend said bill and section, page 8, line 20, of said page, by inserting immediately after all of said line the following:

     "2. In addition to the procedural rights provided to law enforcement officers described in subsection 1 of this section, any such officer employed by a political subdivision of this state shall be entitled to the same procedural rights provided to deputy sheriffs pursuant to subsections 3 and 4 of this section."; and

     Further amend said section by renumbering the remaining subsections accordingly; and

     Further amend said bill, page and section, line 21, by inserting immediately after the word "sheriff," as it appears for the second time the following: "chief deputy, or an officer of the rank of major or above,"; and further amend page 9, line 1, by striking the word "ten" and inserting in lieu thereof the following: "three working"; and further amend line 3, by striking the words "fifteen days" and inserting in lieu thereof the following: "a reasonable time"; and further amend line 11, by striking "2" and inserting in lieu thereof the following: "3".

     Senator House moved that the above amendment be adopted.

     President Wilson assumed the Chair.

     Senator Wiggins resumed the Chair.

     Senator Singleton offered SSA 1 for SA 2:

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

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 147, Page 8, Section 590.500, Line 21, by adding following the words "under sheriff" the following "the chief deputy or command staff"; and

     Further amend on line 1, page 9, by striking the word "ten" and adding the words "five working".

     Senator Singleton moved that the above substitute amendment be adopted.

     Senator House raised the point of order that SSA 1 for SA 2 is out of order as it is not a true substitute in that it could be offered as an amendment to the amendment.

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

     Senator Singleton moved that SSA 1 for SA 2 be adopted.

     Senator House requested a roll call vote be taken on the adoption of SSA 1 for SA 2 and was joined in his request by Senators Mathewson, Rohrbach, Russell and Schneider.

     SSA 1 for SA 2 was adopted by the following vote:
Yeas--Senators
CaskeyChildersCurlsDePasco
GravesJohnsonKenneyKinder
MaxwellMuellerRohrbachRussell
ScottSingletonStaplesWestfall
Yeckel--17
Nays--Senators
BanksEhlmannFlotronGoode
HouseHowardJacobKlarich
LybyerMathewsonMcKennaQuick
SchneiderWiggins--14
Absent--Senators
BentleyClaySims--3
Absent with leave--Senators--None

     Senator Schneider offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 147, Page 7, Section 290.140, Line 23, by striking the word "knowingly" and substitute: "knew or should have known that he"; and amend line 24, by inserting after the word "information" the words: "and in such circumstances the employer shall only be liable for damages as may be provided by law as a direct and proximate result of providing false information".

     Senator Schneider moved that the above amendment be adopted.

     Senator Kinder requested a roll call vote be taken on the adoption of SA 3 and was joined in his request by Senators Childers, Jacob, Klarich and Schneider.

     SA 3 failed of adoption by the following vote:
Yeas--Senators
CaskeyCurlsDePascoGoode
HouseHowardJacobJohnson
MathewsonMaxwellMcKennaQuick
SchneiderStaplesWiggins--15
Nays--Senators
BentleyChildersEhlmannFlotron
GravesKenneyKinderKlarich
LybyerMuellerRohrbachRussell
ScottSimsSingletonWestfall
Yeckel--17
Absent--Senators
BanksClay--2
Absent with leave--Senators--None

     Senator Schneider offered SA 4, which was read:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 147, Page 7, Section 290.140, Line 24, by inserting after the word "information" the following: "and in such circumstances the employer shall only be liable for damages as may be provided by law as a direct and proximate result of providing such false information".

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

     Senator Johnson resumed the Chair.

     At the request of Senator Kinder, SB 147, with SCS and SS No. 2 for SCS, as amended (pending), was placed on the Informal Calendar.

     Senator McKenna moved that SB 274, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SB 274, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 274

     An Act to repeal sections 313.540 and 313.660, RSMo 1994, and section 313.655, RSMo Supp. 1996, relating to off-track pari-mutuel wagering, and to enact in lieu thereof eight new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator McKenna moved that SCS for SB 274 be adopted.

     Senator McKenna offered SS for SCS for SB 274, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 274

     An Act to repeal sections 313.540 and 313.660, RSMo 1994, and sections 313.500 and 313.510, RSMo 1996, relating to off-track pari-mutuel wagering, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions.

     Senator McKenna moved that SS for SCS for SB 274 be adopted.

     Senator McKenna offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 5, Section 313.656, Lines 6 and 7, by deleting the words "at least four" and adding the words "up to five".

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

     Senator Mathewson offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 8, Section 313.657, Line 6 of said page, by inserting immediately after said line the following:

     "9. The commission shall not approve the licensee to accept off-track pari-mutuel wagers anywhere except at one of the following locations:

     (1) A facility located on an excursion gambling boat as defined in section 313.800 or within fifteen hundred feet of the principal gambling space of an excursion gambling boat; or

     (2) Within the enclosure and all associated buildings and permanent or temporary structures where live racing is conducted.".

     Senator Mathewson moved that the above amendment be adopted.

     Senator Caskey offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

     Amend Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 1, Section 313.657, Line 9 of said page, by inserting immediately after said line the following:

     "10. If the commission accepts a licensee's application to accept off-track pari-mutuel wagers, such licensee shall contribute fifty percent of its proceeds from pari-mutuel wagering to the horse racing commission for the establishment of a horse racing facility in the state of Missouri.".

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

     Senator Singleton offered SA 2 to SA 2, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 2

     Amend Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 1, Section 313.657, Line 5, by deleting all of lines 5 through 7; and further on line 8 delete "(2)" and insert "(1)".

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

     Senator McKenna offered SSA 1 for SA 2:

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

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 8, Section 313.657, Line 6 of said page, by inserting immediately after said line the following:

     "9. The commission shall approve the licensee to accept off-track pari-mutuel wagers only:

     (1) in a county or city that has adopted riverboat gaming or

     (2) within the enclosure and all associated buildings and permanent or temporary structures where live racing is conducted.".

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

     Senator Howard offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 4, Section 313.656, Lines 22 and 23, by deleting the words "thoroughbred or standard-bred" on said lines; and further amend line 24, by deleting "thoroughbred or standard-bred" on said line.

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

     Senator Mathewson offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 8, Section 313.658, Line 5 of said section, by striking the following: "If there is an"; and further amend lines 6-8, by striking all of said lines and inserting in lieu thereof the following: "At the end of such six month period, and thereafter, if the commission finds that it will be compatible with any proposed operations, the commission may issue licenses under the provisions of subsection 2 of this section.".

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

     Senator Schneider offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 11, Section 313.660.1, Line 10, by adding after "enclosure": "and no other forms of gambling, such as is authorized on riverboats, shall be authorized other than that specifically authorized in this act.".

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

     Senator Schneider offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 3, Section 313.540, Line 24 of said page, by striking "section 536.024" and inserting in lieu thereof the following: "chapter 536"; and

     Further amend said bill, page 14, section 313.664, line 20 of said page, by inserting immediately after said line the following:

     "536.028. 1. The delegation of authority to any state agency to propose to the general assembly rules as provided under this section is contingent upon the agency complying with the provisions of this section and this delegation of legislative power to the agency to propose an order of rulemaking containing a rule or portion thereof that has the effect of substantive law, other than a rule relating to the agency's organization and internal management, is contingent and dependent upon the power of the general assembly to review such proposed order of rulemaking, to delay the effective date of such proposed order of rulemaking until the expiration of at least thirty legislative days of a regular session after such order is filed with the general assembly and the secretary of state, and to disapprove and annul any rule or portion thereof contained in such order of rulemaking.

     2. No rule or portion of a rule that has the effect of substantive law shall become effective until the order of rulemaking, in which such rule or portion thereof is contained, has been reviewed by the general assembly in accordance with the procedures provided herein and the agency's authority to propose an order of rulemaking is dependent upon the power of the general assembly to disapprove and annul any such proposed rule or portion thereof as provided herein.

     3. In order for the general assembly to have an effective opportunity to be advised of rules proposed by any state agency under the authority of this section, an agency may propose a rule by complying with the procedures provided in section 536.021, except that the notice of proposed rulemaking shall first be filed with the general assembly by providing a copy thereof to the joint committee on administrative rules which may hold hearings upon any proposed rule or portion thereof at any time. The agency shall cooperate with the joint committee on administrative rules by providing any witnesses, documents or information within the control of the agency as may be requested.

     4. In order to propose an order of rulemaking to the general assembly, the agency shall comply with the provisions of section 536.021, except that the agency may file a proposed order of rulemaking with the secretary of state only by first filing such proposed order with the general assembly by providing a copy thereof to the secretary of the senate and the clerk of the house of representatives. The president pro tem of the senate shall direct that a copy of the proposed order of rulemaking be delivered to the joint committee on administrative rules which may hold hearings thereon. The agency shall cooperate with the committee by providing any witnesses, documents or information within the control of the agency as may be requested.

     5. Such proposed order of rulemaking shall not become effective prior to the expiration of thirty legislative days of a regular session after such order is filed with the secretary of state and the general assembly.

     6. The committee may, by majority vote of its members, recommend that the general assembly disapprove and annul any rule or portion thereof contained in an order of rulemaking after hearings thereon and, upon a finding that such rule or portion thereof should be disapproved and annulled upon the following grounds:

     (1) Such rule is substantive in nature in that it creates rights or liabilities or provides for sanctions as to any person, corporation or other legal entity; and

     (2) Such rule or portion thereof is not in the public interest or is not authorized by the general assembly for one or more of the following grounds:

     (a) An absence of statutory authority for the proposed rule;

     (b) The proposed rule is in conflict with state law;

     (c) Such proposed rule is likely to substantially endanger the public health, safety or welfare;

     (d) The rule exceeds the purpose, or is more restrictive than is necessary to carry out the purpose, of the statute granting rulemaking authority;

     (e) A substantial change in circumstance has occurred since enactment of the law upon which the proposed rule is based as to result in a conflict between the purpose of the law and the proposed rule, or as to create a substantial danger to public health and welfare;

     (f) The proposed rule is so arbitrary and capricious as to create such substantial inequity as to be unreasonably burdensome on persons affected.

     7. Any recommendation or report issued by the committee pursuant to subsection 6 of this section shall be admissible as evidence in any judicial proceeding and entitled to judicial notice without further proof.

     8. The general assembly may adopt a concurrent resolution in accordance with the provisions of article IV, section 8 of the Missouri constitution to disapprove and annul any rule or portion thereof upon one or more of the grounds stated in subsection 6 of this section.

     9. Any rule or portion thereof not disapproved within thirty legislative days of a regular session pursuant to subsection 8 of this section shall be deemed approved by the general assembly and the secretary of state may publish such order of rulemaking as soon as practicable upon the expiration of thirty legislative days of a regular session after the order of rulemaking was filed with the secretary of state and the general assembly.

     10. Upon adoption of such concurrent resolution as provided in subsection 8 of this section, the secretary of state shall not publish the order of rulemaking until the expiration of time necessary for such resolution to be signed by the governor, or vetoed and subsequently acted upon by the general assembly pursuant to article III, section 32 of the Missouri Constitution. If such concurrent resolution is adopted and signed by the governor or reconsidered pursuant to article III, section 32, the secretary of state shall publish in the Missouri Register, as soon as practicable, the order of rulemaking along with notice of the proposed rules or portions thereof which are disapproved and annulled by the general assembly.

     11. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable and the delegation of legislative authority to an agency to propose orders of rulemaking is essentially dependent upon the powers vested with the general assembly as provided herein. If any of the powers vested with the general assembly to review, to delay the effective date or to disapprove and annul a rule or portion of a rule contained in an order of rulemaking, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking pursuant thereto shall be invalid and void.

     12. Nothing in this section shall prevent the general assembly from adopting by bill within thirty legislative days of a regular session the rules or portions thereof, or as the same may be amended, as contained in a proposed order of rulemaking. In that event, the proposed order of rulemaking shall have been superseded and any rule proposed therein shall be void and only such rules adopted by the general assembly and submitted to the governor may become effective. Rules so adopted shall be published by the secretary of state as soon as practicable. In that event, the secretary of state shall not publish the proposed order of rulemaking and such proposed order of rulemaking shall be invalid and void.

     13. Upon adoption of any rule now in effect or hereafter promulgated, any such rule or portion thereof may be revoked by the general assembly either by bill, or by concurrent resolution pursuant to article IV, section 8 of the constitution on recommendation of the committee on administrative rules upon the grounds listed in subsection 6 of this section. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the revocation."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 274, Page 6, Section 313.657.4, Line 4, by inserting after "Missouri" the words: "and unless the applicant is a member in good standing of the Thoroughbred Racing Association of America".

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

     Senator McKenna moved that SS for SCS for SB 247, as amended, be adopted, which motion prevailed.

     Senator McKenna moved that SS for SCS for SB 247, as amended, be declared perfected and ordered printed and requested a roll call vote be taken. He was joined in his request by Senators Caskey, Ehlmann, Kenney and Mathewson.

     SS for SCS for SB 274, as amended, was declared perfected and ordered printed by the following vote:
Yeas--Senators
BanksBentleyClayCurls
DePascoHowardJacobJohnson
MathewsonMcKennaMuellerQuick
SchneiderScottSimsWiggins
Yeckel--17
Nays--Senators
CaskeyChildersEhlmannFlotron
GoodeGravesHouseKenney
KinderKlarichLybyerMaxwell
RohrbachRussellSingletonWestfall--16
Absent--Senators--Staples--1
Absent with leave--Senators--None

CONCURRENT RESOLUTIONS

     Senator Schneider moved that SCR 24 be taken up for adoption, which motion prevailed.

     On motion of Senator Schneider, SCR 24 was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
GoodeStaples--2
Absent with leave--Senators--None

     Senator DePasco requested unanimous consent of the Senate to allow the Committee on Elections, Pensions and Veterans' Affairs to meet while the Senate is in session, which request was granted.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SS for SCS for SBs 225 and 3; SJR 6; and SCS for SB 376, begs leave to report that it has examined the same and finds that the bills and joint resolution have been truly perfected and that the printed copies furnished the Senators are correct.

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

     Mr. President: Your Committee on State Budget Control, to which were referred SCS for SB 319; HB 491, with SCS; HB 229; and HS for HCS for HB 335, with SCS, begs leave to report that it has considered the same and recommends that the bills 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 HB 459, entitled:

     An Act to repeal section 136.055, RSMo 1994, and section 301.030, RSMo Supp. 1996, 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.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 681, entitled:

     An Act to repeal sections 115.013, 115.363 and 115.379, RSMo 1994, and sections 115.127, 115.359, 115.361 and 115.373, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof seven new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 542, entitled:

     An Act relating to the construction of a correctional facility in a city located in at least four counties, with an emergency clause.

     Emergency clause defeated.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 318 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon, and the conferees be allowed to exceed the differences only in Section 321.300.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 410.

     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 69.

     With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 69, Page 3, by adding a new section after line 27 to read as follows:

     "Section 3. Section 301.451, RSMo Supp. 1996, is repealed and one new section enacted in lieu thereof, to be known as section 301.451, to read as follows:

301.451. Any person who has been awarded the purple heart medal may apply for special motor vehicle license plates for any vehicle he owns, either solely or jointly, other than commercial vehicles weighing over twelve thousand pounds. Any such person shall make application for the special license plates on a form provided by the director of revenue and furnish such proof as a recipient of the purple heart medal as the director may require. The director shall then issue license plates bearing letters or numbers or a combination thereof, with the words "PURPLE HEART" in place of the words "SHOW-ME STATE" in a form prescribed by the advisory committee established in section 301.129. Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130. There shall be an additional fee charged for each set of special purple heart license plates issued equal to the fee charged for personalized license plates, but the additional fee shall only have to be paid once by the qualified applicant at the time of initial application. No more than two sets of purple heart license plates shall be issued to a qualified applicant. License plates issued under the provisions of this section shall not be transferable to any other person except that any registered coowner of the motor vehicle shall be entitled to operate the motor vehicle for the duration of the year licensed in the event of the death of the qualified person.".

     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 SCS for SB 316, entitled:

     An Act to repeal section 301.210, RSMo 1994, and section 301.025, RSMo Supp. 1996, relating to personal property tax receipts used for motor vehicle registration, 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 437.

     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 SCS for SB 373.

     With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 373, Page 1, in the title by inserting after the word "1994," the words "and sections 197.305, 197.313, and 197.318, RSMo, SUPP 1996," and

     Further amend said bill in the title, Line 2, by deleting the word "home"; and

     Further amend said bill in the title, Line 3, by deleting the words "one new section" and inserting in lieu thereof the words "four new sections"; and

     Further amend said bill, Section A, Line 1, by inserting after the word "1994," the words "and sections 197.305, 197.313, and 197.318, RSMo, SUPP 1996," and

     Further amend said bill, Section A, Line 2, by deleting the words "one new section" and inserting in lieu thereof the words "four new sections"; and

     Further amend said bill, Section A, Line 2, by deleting the word "Section" and inserting in lieu thereof "Sections 197.305, 197.313, 197.318 and"

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

     "197.305. As used in sections 197.300 to 197.366, the following terms mean:

     (1) "Affected persons", the person proposing the development of a new health care service, the public to be served, the health systems agency and health care facilities within the service area in which the proposed new health care service is to be developed;

     (2) "Agency", the state health planning and development agency of the Missouri department of health;

     (3) "Capital expenditure", an expenditure by or on behalf of a health care facility which, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance;

     (4) "Certificate of need", a written certificate issued by the committee setting forth the committee's affirmative finding that a proposed project sufficiently satisfies the criteria prescribed for such projects by sections 197.300 to 197.366;

     (5) "Continuing care retirement community", a continuing care retirement community provides at the same site or location independent housing, long-term health care and other services to older persons not related by blood or marriage to the owner or operator of the continuing care retirement community under an agreement effective for the life of the person or a specified period of time in excess of one year which guarantees or provides priority access to on-site health related long-term care services when needed;

     (6) "Develop", to undertake those activities which on their completion will result in the offering of a new institutional health service or the incurring of a financial obligation in relation to the offering of such a service;

     (7) "Expenditure minimum" shall mean:

     (a) For beds in existing or proposed health care facilities licensed [under] pursuant to chapter 198, RSMo, and long-term care beds in a hospital as described in subdivision (3) of subsection 1 of section 198.012, RSMo, six hundred thousand dollars in the case of capital expenditures, or four hundred thousand dollars in the case of major medical equipment [and new institutional health services as described in subdivision (12), paragraphs (a), (b), (c), (d), (e), (f), and (g), unless such sum exceeds federal regulations], provided, however, that prior to December 31, 1999, the expenditure minimum for beds in such a facility and long-term care beds in a hospital described in section 198.012, RSMo, shall be zero, subject to the provisions of subsection 7 of section 197.318;

     (b) For beds or equipment [used to provide twenty-four hour accommodations, board and basic or skilled nursing care and treatment services or beds] in a long-term care hospital meeting the requirements described in 42 C.F.R., section 412.23(e), the expenditure minimum shall be zero[. Nothing in this paragraph shall change or alter the exceptions in paragraphs (e) and (g) of subdivision (12) of this section]; and

     (c) For health care facilities, new institutional health services or beds not described in paragraph (a) or (b) of this subdivision one million dollars in the case of capital expenditures, excluding major medical equipment, and one million dollars in the case of medical equipment;

     (8) "Health care facilities", hospitals, health maintenance organizations, tuberculosis hospitals, psychiatric hospitals, professional nursing facilities, practical nursing facilities, residential care facilities I and II, kidney disease treatment centers, including free standing hemodialysis units, any entity delivering health services whether licensed or unlicensed, and ambulatory surgical facilities, but excluding the private offices of physicians, dentists and other practitioners of the healing arts, and Christian Science sanatoriums, also known as Christian Science Nursing facilities listed and certified by the Commission for Accreditation of Christian Science Nursing Organization/Facilities, Inc., and facilities of not for profit corporations in existence on October 1, 1980, subject either to the provisions and regulations of section 302 of the Labor-Management Relations Act, 29 U.S.C. 186 or the Labor-Management Reporting and Disclosure Act, 29 U.S.C. 401-538, and any residential care facility I or residential care facility II operated by a religious organization qualified [under] pursuant to section 501(c)(3) of the federal Internal Revenue Code, as amended, which does not require the expenditure of public funds for purchase or operation, with a total licensed bed capacity of one hundred beds or fewer;

     (9) "Health service area", a geographic region appropriate for the effective planning and development of health services, determined on the basis of factors including population and the availability of resources, consisting of a population of not less than five hundred thousand or more than three million;

     (10) "Health systems agency", a regional health planning agency established pursuant to PL 93-641 and, after December 31, 1981, in accordance with section 1512(b)(1)(B) thereof;

     (11) "Major medical equipment", medical equipment used for the provision of medical and other health services;

     (12) "New institutional health service":

     (a) The development of a new health care facility costing in excess of the applicable expenditure minimum;

     (b) The acquisition, including acquisition by lease, of any health care facility, or major medical equipment costing in excess of the expenditure minimum;

     (c) Any capital expenditure by or on behalf of a health care facility in excess of the expenditure minimum;

     (d) Predevelopment activities as defined in subdivision (15) hereof costing in excess of one hundred fifty thousand dollars;

     (e) Any change in licensed bed capacity of a health care facility which increases the total number of beds by more than ten or more than ten percent of total bed capacity, whichever is less, over a two-year period;

     (f) Health services, excluding home health services, which are offered in a health care facility and which were not offered on a regular basis in such health care facility within the twelve-month period prior to the time such services would be offered;

     (g) A reallocation by an existing health care facility of licensed beds among major types of service or reallocation of licensed beds from one physical facility or site to another by more than ten beds or more than ten percent of total licensed bed capacity, whichever is less, over a two-year period;

     (13) "Nonsubstantive projects", projects which do not involve the addition, replacement, modernization or conversion of beds or the provision of a new health service but which include a capital expenditure which exceeds the expenditure minimum and are due to an act of God or a normal consequence of maintaining health care services, facility or equipment;

     (14) "Person", any individual, trust, estate, partnership, corporation, including associations and joint stock companies, state or political subdivision or instrumentality thereof, including a municipal corporation;

     (15) "Predevelopment activities", expenditures for architectural designs, plans, working drawings and specifications, and any arrangement or commitment made for financing; but excluding submission of an application for a certificate of need.

     197.313. A continuing care retirement community, skilled nursing facility or residential care facility I or II may increase its licensed bed capacity by the lessor of ten beds or ten percent [for one] only once during the two-year period beginning on July 12, 1996, and ending on July 11, 1998. A [skilled nursing] facility's increase in beds [under] pursuant to this section shall only be [skilled nursing beds] within the same licensure category.

     197.318. 1. The provisions of section 197.317 shall not apply to a residential care facility I, residential care facility II, intermediate care facility or skilled nursing facility only where the department of social services has first determined that there presently exists a need for additional beds of that classification because the average occupancy of all licensed and available residential care facility I, residential care facility II, intermediate care facility and skilled nursing facility beds exceeds ninety percent for at least three consecutive calendar quarters, in a particular county, and within a fifteen-mile radius of the proposed facility, and the facility otherwise appears to qualify for a certificate of need. The department's certification that there is no need for additional beds shall serve as the final determination and decision of the committee. In determining ninety percent occupancy, residential care facility I and II shall be one separate classification and intermediate care and skilled nursing facilities are another separate classification. The provisions of sections 197.300 to 197.366 shall not apply to any of the following:

     (1) A residential care facility I or residential care facility II which has received approval by the division of aging of plans for construction of such facility by August 1, 1995, and is licensed by the division of aging by August 1, 1996;

     (2) A combined skilled nursing facility and residential care facility I and II located in a tax increment financing district which has received approval by the division of aging of plans for construction of the residential care facility I and II beds by August 1, 1995;

     (3) A residential care facility I or residential care facility II which has received approval by the division of aging of plans for construction of such facility by August 1, 1995, and is located in any county of the first classification without a charter form of government with an assessed valuation of at least one billion dollars but not more than one billion five hundred million dollars;

     (4) A residential care facility I or residential care facility II which has received approval by the division of aging of plans for construction of such facility by August 1, 1995, and is located in a nursing home district which is contiguous to a public hospital district located in a county of the third classification.

     2. The Missouri health facilities review committee may, for any facility certified to it by the department, consider the predominant ethnic or religious composition of the residents to be served by that facility in considering whether to grant a certificate of need.

     3. There shall be no expenditure minimum for facilities, beds, or services referred to in subdivisions (1), (2) and (3) of section 197.317. The provisions of this subsection shall expire December 31, 1999. [Nothing in this subsection shall change or alter the exceptions described in paragraphs (e) and (g) of subdivision (12) of section 197.305.]

     4. As used in this section, the term "licensed and available" means beds which are actually in place and for which a license has been issued.

     5. The provisions of section 197.317 shall not apply to any facility where at least ninety-five percent of the patients require diets meeting the dietary standards defined by section 196.165, RSMo.

     6. The committee shall review all letters of intent and applications for long-term care hospital beds meeting the requirements described in 42 C.F.R., section 412.23(e) under its criteria and standards for long-term care beds.

     7. Sections 197.300 to 197.366 shall not be construed to apply to litigation pending in state court on or before April 1, 1996, in which the Missouri health facilities review committee is a defendant in an action concerning the application of sections 197.300 to 197.366 to long-term care hospital beds meeting the requirements described in 42 C.F.R., section 412.23(e).".

     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 SCS for SB 104, entitled:

     An Act to repeal section 206.110, RSMo Supp. 1996, relating to the powers of hospital districts, and to enact in lieu thereof one new section relating to the same subject.

     With House Perfecting Amendment No. 1.

HOUSE PERFECTING AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 104, Page 1, Section 206.110, Line 2 by deleting the words "the [county" and inserting in lieu thereof the words "[the county".

     In which the concurrence of the Senate is respectfully requested.

REFERRALS

     President Pro Tem McKenna referred HCR 28 to the Committee on Rules, Joint Rules and Resolutions.

     President Pro Tem McKenna referred SJR 6 to the Committee on State Budget Control.

RESOLUTIONS

     Senator Schneider offered Senate Resolution No. 705, regarding Harry R. Bean, VI, and Ann Marie Mattingly, which was adopted.

     Senator Caskey offered Senate Resolution No. 706, regarding the Sixty-eighth Wedding Anniversary of Mr. and Mrs. Richard King, Butler, and Mr. King's Ninetieth Birthday, which was adopted.

INTRODUCTIONS OF GUESTS

     On behalf of Senator Kinder and himself, Senator Howard introduced to the Senate, the Physician of the Day, Robert W. George, M.D., and his wife, Ruth.

     Senator Schneider introduced to the Senate, former State Senator Gerald Winship, his wife, Sally, and his son, Steve, Independence.

     Senator Kinder introduced to the Senate, twenty-eight fourth grade students from May Greene School, Cape Girardeau; and Darryl Bird, Amber England, Darrell Haynes, Cobret Joe, Adrian Liggins, Adam Schafer, Tinesha Warren, Christina Wolford, David Burke, Jamala Garmon, Thomas Holley, Deidra King, Deron Moore, Garmeisha Terry and Tamika Wiseman were made honorary pages.

     Senator Mathewson introduced to the Senate, Paul Bennett, and a delegation participating in the American Legion State Youth and Government Day from Sedalia; and Sarah Hamilton, Megan McKinzie and Crystal Bennett were made honorary pages.

     Senator Rohrbach introduced to the Senate, seniors from Pilot Grove High School, Pilot Grove.

     Senator Childers introduced to the Senate, Rick Crawford, Jerry Seymour, Jerry Martin, Bob Samuelson, Josh Crooker, Marianna Rodriguez, Amber Verburgt, Laurie Poor, Amanda Carney, Jeff Marsh and Kayla Hunsaker.

     Senator Graves introduced to the Senate, Betty Williams, and a delegation participating in State Youth Day; and Andrea George, Jodi Anderson, Danelle Bierman, Betty Theas, Jack Fries, Stephen Proctor and Brett Hurst were made honorary pages.

     Senator Graves introduced to the Senate, George Henggeler, Brandi Wilmes, Julie Blair, David Klamm, Lacie Mires, Katie Owens, Daisy Workman, Nancy Rickabaugh and Arlene Masters, Nodaway County.

     Senator Johnson introduced to the Senate, Oneida Gillispie, Danny Wise, Heather Dennis and Kevin Harris; and Danny, Heather and Kevin were made honorary pages.

     Senator Staples introduced to the Senate, Arlene Nichols, Justine Tigmor and students from Bloomsdale Elementary School, Ste. Genevieve.

     Senator Westfall introduced to the Senate, Bob Martin, and students from Bolivar High School, Bolivar.

     Senator Yeckel introduced to the Senate, Marion and Rita Sauer and Edward and Mary Walsh, St. Louis County.

     Senator Childers introduced to the Senate, Myra Poe, Rita Hightower, and forty fourth grade students from Barry County.

     Senator Staples introduced to the Senate, Hilda Ayres, and seventh grade students from Sunrise School, DeSoto.

     Senator Mathewson introduced to the Senate, Janet Himmelberg, and twenty-five eighth grade students from Keytesville R-III, Keytesville; and Nicole Blackwell, Heather Peters, Jubal Bowers and Casey Imgarten were made honorary pages.

     Senator Mathewson introduced to the Senate, A.J. Phipps, Dean Richards, and a delegation participating in the American Legion State Youth and Government Day from Richmond; and Joe Keeler, Cole Noble, Justin Sullard and Erica Blakeman were made honorary pages.

     Senator Singleton introduced to the Senate, Dr. Donald Clark, Joplin.

     On behalf of Senator Staples, the President introduced to the Senate, Denise Thompson, and students from East Carter County R-II School, Ellsinore.

     On behalf of Senator Staples, the President introduced to the Senate, Joyce Wood, Fred McDaniel, Teri Kinsey, Connie Hester, Shawn Grindstaff, Phil Page, and members of the Parkland Chambers of Commerce.

     Senator Childers introduced to the Senate, Mrs. Poe, Mrs. Degraffenreid, and forty fourth grade students from Cassville.

     Senator Graves introduced to the Senate, Jeff Moser, Diane Lade, Vicki Auxier, and forty-two seventh and eighth grade students from St. Gregory's School, Maryville.

     Senator Schneider introduced to the Senate, Sue Downs, and students from Robinwood School, St. Louis; and Joseph Caldwell, Ramona Meahan, Jamie Francis and Matthew Kruckeberg were made honorary pages.

     Senator Schneider introduced to the Senate, students from St. Jerome's Elementary School; and Rachael Berry, Daniel Mesey, Jenna Groezinger and Theresa Weber were made honorary pages.

     Senator Sims introduced to the Senate, Pat Waterston, Marvin Boisseau, Louise Green, Bud Blake and Dan Berg, St. Louis.

     Senator Caskey introduced to the Senate, Greg Lee, Freeman; and Tim Mathes, Harrisonville.

     Senator Scott introduced to the Senate, Bernie Federko and Vic and Dale Turvey, Chesterfield.

     Senator Singleton introduced to the Senate, Greg Koetting, Jasper.

     Senator Klarich introduced to the Senate, Gary Delhougne, Columbia; Ed Scott, St Charles; Bryan White and Maureen Byrne, St. Louis; and James Harris, Washington.

     Senator Caskey introduced to the Senate, Matthew Coffelt, Creighton; and Matthew was made an honorary page.

     Senator Caskey introduced to the Senate, his wife, Kay, Dorothy Ferguson, Charlotte Hirni, Betty Pruden, Mary Ellen Whitehead, Nadine Westoff, Carolyn Gunnels, Delores Shannon, Hazel Shelton, Dorothy Winter, Irene Welliver, Lorraine Kershner, Grace Fritts, Roberta Kershner, Lucille Greer, Evelyn Prough, Barbara Allen, Ethel Young, Martha McDowell, Wilma Martens, Eleanor Crawford, Faye Bagby, Maxine Rush, Jeri Foote, Leona Catron, Maxine Evans, Bonnie Vansandt, Willa Allen, Thelma Wheatley, L. Berta Leftwich, Donna Estes, Marge Fritts, Dottie Vansandt, Wanda Brown, Barbara Powell, Betty Spangler, Hazel Burris, Mary Limpus, Ruth Wheatley, Lucille Lindsay, Maxine Riley, Thelma Six and Matthew Coffelt from the 31st Senatorial District.

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