Journal of the Senate

FIRST REGULAR SESSION


SIXTY-THIRD DAY--MONDAY, MAY 5, 1997


     The Senate met pursuant to adjournment.

     Senator Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, Isaiah proclaimed, "Woe unto them that call evil good and good evil." Lord, knowing good from evil is not our problem; but having enough conviction to do what is right at difficult times can be a problem. Give us the strength of character to do what is right even when it isn't easy. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

     A quorum being established, the Senate proceeded with its business.

     President Pro Tem McKenna assumed the Chair.

     Senator Quick moved that the Senate Journal for Thursday, May 1, 1997, be corrected on page 962, column 1, line 2, by deleting "SB" and inserting in lieu thereof "HB", which motion prevailed.

     The Journal for Thursday, May 1, 1997, was read and approved, as corrected.

     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 Curls offered Senate Resolution No. 777, regarding Father Norman Francis Rotert, Kansas City, which was adopted.

     Senators Ehlmann and House offered Senate Resolution No. 778, regarding Dale L. Houdeshell, St. Peters, which was adopted.

     Senator Kenney offered Senate Resolution No. 779, regarding Amy Wiseman, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 780, regarding Susan Landers, which was adopted.

     Senator Kenney offered Senate Resolution No. 781, regarding Sergeant Chris Reagan, Lee's Summit, which was adopted.

     Senator Howard offered Senate Resolution No. 782, regarding Shirley Burton, Bloomfield, which was adopted.

     Senator Howard offered Senate Resolution No. 783, regarding Jason R. Ramsey, Hayti, which was adopted.

     Senator Howard offered Senate Resolution No. 784, regarding Patti S. Melson, Bloomfield, which was adopted.

     Senator Howard offered Senate Resolution No. 785, regarding Ronald Neeley, Piggott, Arkansas, which was adopted.

     Senator Howard offered Senate Resolution No. 786, regarding Stacey Lynn Greer, Bragg City, which was adopted.

     Senator Howard offered Senate Resolution No. 787, regarding Jaime Davis, New Madrid, which was adopted.

     Senator Wiggins offered Senate Resolution No. 788, regarding the death of Mrs. Wilma M. Fisher, Kansas City, which was adopted.

     Senator Kenney offered Senate Resolution No. 789, regarding Joseph F. Waeckerle, M.D., FACEP, which was adopted.

     Senator Scott offered Senate Resolution No. 790, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Dinty Moore, which was adopted.

     Senator Scott offered Senate Resolution No. 791, regarding Sergeant Stanley T. (Tim) Cunningham, St. Louis, which was adopted.

HOUSE BILLS ON THIRD READING

     HCS for HBs 600 and 388, with SCAs 1 and 2, entitled:

     An Act to repeal sections 191.331 and 376.995, RSMo Supp. 1996, relating to limited mandate health insurance act, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

     Was taken up by Senator Howard.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

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

     Senator Klarich offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bills Nos. 600 and 388, Page 5, Section 376.1219.1, Line 9, by deleting from said line the words "or any inherited disease of amino and organic acids".

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

     Senator Johnson assumed the Chair.

     On motion of Senator Howard, HCS for HBs 600 and 388, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsScott--2
Absent with leave--Senators--None

     President Pro Tem McKenna assumed the Chair.

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senator Curls--1
Absent with leave--Senators--None

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

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

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

PRIVILEGED MOTIONS

     Senator Howard moved that the Senate refuse to concur in HS for HCS for SB 218, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

     HB 51 was placed on the Informal Calendar.

     HB 343, with SCS, introduced by Represen-tative Kelly (27), et al, entitled:

     An Act to repeal section 453.080, RSMo 1994, relating to adoption, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up by Senator Sims.

     SCS for HB 343, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 343

     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 Sims moved that SCS for HB 343 be adopted.

     Senator Sims offered SS for SCS for HB 343, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 343

     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-six new sections relating to the same subject, with penalty provisions.

     Senator Sims moved that SS for SCS for HB 343 be adopted, which motion prevailed.

     Senator Johnson resumed the Chair.

     On motion of Senator Sims, SS for SCS for HB 343 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--Senator Curls--1
Absent with leave--Senators--None

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

     At the request of Senator Mathewson, HCS for HB 589, with SCS, was placed on the Informal Calendar.

     HB 207, with SCS, was placed on the Informal Calendar.

     At the request of Senator Lybyer, HB 342 was placed on the Informal Calendar.

     HB 259, with SCS, was placed on the Informal Calendar.

     HS for HCS for HB 335, with SCS, was placed on the Informal Calendar.

     HCS for HBs 424 and 534, with SCAs 1 and 2, entitled:

     An Act to repeal sections 252.085 and 252.230, RSMo 1994, relating to the department of conservation, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions, and an emergency clause for a certain section.

     Was taken up by Senator Caskey.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

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

     President Pro Tem McKenna resumed the Chair.

     Senator Ehlmann offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bills Nos. 424 and 534, Page 3, Section 252.085, Line 34, by inserting immediately after all of said line the following:

     "Section 1. Notwithstanding any other provision of the law to the contrary, the commission shall not sell, lease or otherwise convey any property owned, operated, managed or leased by the commission to any gaming facility as defined in chapter 313 RSMo."; and

     Further amend the title and enacting clause accordingly.

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

     On motion of Senator Caskey, HCS for HBs 424 and 534, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWiggins
Yeckel--29
Nays--Senators
BentleyStaplesWestfall--3
Absent--Senators
CurlsMathewson--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsStaples
WigginsYeckel--30
Nays--Senators
SingletonWestfall--2
Absent--Senators
BanksCurls--2
Absent with leave--Senators--None

     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.

     HJR 16, with SCS, introduced by Represen-tative Farnen, et al, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 50 of article III of the Constitution of Missouri, relating to initiative petitions and adopting one new section in lieu thereof relating to the same subject.

     Was taken up by Senator DePasco.

     SCS for HJR 16, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE JOINT RESOLUTION NO. 16

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 50 of article III of the Constitution of Missouri relating to initiative petitions, and adopting one new section in lieu thereof relating to the same subject.

     Was taken up.

     Senator DePasco moved that SCS for HJR 16 be adopted, which motion prevailed.

     On motion of Senator DePasco, SCS for HJR 16 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyChildersClay
DePascoGoodeGravesHouse
HowardJacobJohnsonLybyer
MathewsonMcKennaMuellerQuick
RohrbachScottSimsStaples
Wiggins--21
Nays--Senators
CaskeyEhlmannKenneyKinder
KlarichMaxwellRussellSingleton
WestfallYeckel--10
Absent--Senators
CurlsFlotronSchneider--3
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 Quick moved that motion lay on the table, which motion prevailed.

     HB 257, with SCS, introduced by Representatives Copeland and Leake, entitled:

     An Act to repeal sections 361.170 and 362.610, RSMo 1994, relating to financial institutions, and to enact in lieu thereof twelve new sections relating to the same subject, with an emergency clause.

     Was taken up by Senator Quick.

     SCS for HB 257, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 257

     An Act to repeal sections 361.170, 362.471, 362.610, 362.915, 400.3-118, 400.4-111 and 427.041, RSMo 1994, and sections 304.155 and 362.077, RSMo Supp. 1996, relating to financial institutions, and to enact in lieu thereof thirty-seven new sections relating to the same subject, with an emergency clause for a certain section.

     Was taken up.

     Senator Quick moved that SCS for HB 257 be adopted.

     Senator Kenney offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Bill No. 257, Page 26, Section 427.190, Line 4, by inserting immediately after all of said line the following:

     "Section 1. 1. Notwithstanding the pro-visions of sections 443.827 and 443.857, RSMo, any applicant for or holder of a residential mortgage license issued under sections 443.800 to 443.893, RSMo, need not maintain a full-service office within the state of Missouri if the following requirements are met:

     (1) The applicant or licensee is licensed or registered to broker, fund, originate, service and purchase residential mortgage loans in an adjoining state;

     (2) The applicant or licensee has a full-service office meeting the requirements of section 443.857, RSMo, which is located within fifty miles of all residences in Missouri for which the applicant or licensee provides or will provide residential mortgage services; and

     (3) The applicant or licensee has a dedicated toll-free telephone number for the exclusive use of its Missouri customers and provides written notice, at lease annually, to the licensee's Missouri customers advising them of such telephone number.

     2. The applicant or licensee shall comply with all other requirements of sections 443.800 to 443.893, RSMo, and shall provide any documents or records, including the notice as to the toll-free telephone number, to the director of the Missouri division of finance to allow the director to determine compliance with all licensing requirements."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Goode offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Bill No. 257, Page 6, Section 304.155, Lines 152-157, by striking said lines and inserting in lieu thereof the following:

     "12. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel [by having such property towed] without the knowledge or cooperation of the owner, then the [towing company and the lienholder] repossesser shall notify the [Missouri state highway patrol of such tow within one hour] local law enforcement agency where the repossession occurred within two hours of the [tow being made] repossession and shall further provide the [patrol] local law enforcement agency with any additional information the [patrol] agency deems appropriate. The local law enforcement agency shall make an inquiry with the national crime information center and the Missouri statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.".

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

     Senator Rohrbach offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for House Bill No. 257, Page 8, Section 362.077, Line 14, by striking "Nor shall such" and inserting in lieu thereof "Such"; further amend page 8, line 14, by inserting immediately after the word "limitation", the words "shall also not".

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

     Senator Quick moved that SCS for HB 257, as amended, be adopted, which motion prevailed.

     On motion of Senator Quick, SCS for HB 257, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
HowardSchneider--2
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
ClayCurlsDePascoEhlmann
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
FlotronSchneider--2
Absent with leave--Senators--None

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

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

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

     HB 628, with SCAs 1 and 2, introduced by Representative Froelker, entitled:

     An Act to repeal section 162.431, RSMo 1994, relating to changing boundaries of school districts, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator Klarich.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

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

     Senator Klarich offered SS for HB 628, entitled:

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 628

     An Act to repeal sections 162.431, 163.036, 165.121 and 168.221, RSMo 1994, and sections 163.011, 163.031, 165.011 and 165.111, RSMo Supp. 1996, relating to school districts, and to enact in lieu thereof nine new sections relating to the same subject.

     Senator Klarich moved that SS for HB 628 be adopted.

     Senator Wiggins offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for House Bill No. 628, Page 39, Section 1, Line 25 of said page, by inserting after all of said line the following:

     "Section 2. Notwithstanding any other provision of law to the contrary, no school district or school in Missouri that receives state aid pursuant to chapter 163, RSMo, shall belong to or participate in any athletic activities or events sponsored by an athletic association or group that provides separate classifications or competitions for state championships for any athletic activities or events for public schools and other classifications or competitions for state championships for private or parochial schools. Such classifications and competitions shall include athletic activities and events scheduled during the school year or any post-season or playoff athletic activities or event.".

     Senator Wiggins moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 1 is out of order in that it goes beyond the scope and purpose of the original bill.

     Senator Johnson resumed the Chair.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     President Pro Tem McKenna resumed the Chair.

     Senator Singleton offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for House Bill No. 628, Page 33, Section 165.121, Line 3 of said page, by inserting immediately after all of said line the following:

     "167.161. 1. The school board of any district, after notice to parents or others having custodial care and a hearing upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils. In addition to the authority granted in section 167.171, a school board may authorize, by general rule, the immediate removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a threat of harm to such pupil or others, as evidenced by the prior conduct of such pupil. Prior disciplinary actions shall not be used as the sole basis for removal, suspension or expulsion of a pupil. Removal of any pupil who is a student with a disability is subject to state and federal procedural rights. At the hearing upon any such removal, suspension or expulsion, the board shall consider the evidence and statements that the parties present and may consider records of past disciplinary actions, criminal court records or juvenile court records consistent with other provisions of the law, or the actions of the pupil which would constitute a criminal offense. The board may provide by general rule not inconsistent with this section for the procedure and conduct of such hearings. After meeting with the superintendent or his designee to discuss the expulsion, the parent, custodian or the student, if at least eighteen years of age, may, in writing, waive any right to a hearing before the board of education.

     2. The school board of any district, after notice to parents or others having custodial care and a hearing upon the matter, may suspend a pupil upon a finding that the pupil has been charged, convicted or pled guilty in a court of general jurisdiction for the commission of a felony criminal violation of state or federal law. At a hearing required by this subsection, the board shall consider statements that the parties present. The board may provide for the procedure and conduct of such hearings.

     3. The school board shall make a good-faith effort to have the parents or others having custodial care present at any such hearing. Notwithstanding any other provision of law to the contrary, student discipline hearings or proceedings related to the rights of students to attend school or to receive academic credit shall not be required to comply with the requirements applicable to contested case hearings as provided in chapter 536, RSMo, provided that appropriate due process procedures shall be observed."; and

     Further amend the title and enacting clause accordingly.

     Senator Singleton moved that the above amendment be adopted.

     Senator Russell raised the point of order that SS for HB 628 is out of order in that it goes beyond the scope of the original bill.

     President Pro Tem McKenna ruled the point of order well taken.

     HB 628, as amended, was again taken up.

     Senator Johnson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Bill No. 628, Page 2, Section 162.431, Line 32, by inserting immediately after said line the following:

     "163.031. 1. School districts which meet the requirements of section 163.021 shall be entitled to an amount computed as follows: an amount determined by multiplying the number of eligible pupils by the district's equalized operating levy for school purposes as defined in section 163.011 multiplied by the guaranteed tax base per eligible pupil times the proration factor. For the purposes of this section, the proration factor shall be equal to the sum of the total appropriation for distribution under subsections 1 and 2 of this section; and the state total of the deductions as calculated in subsection 2 of this section which do not exceed the district entitlements as adjusted by the same proration factor; divided by the amount of the state total of district entitlements before proration as calculated pursuant to this subsection.

     2. From the district entitlement for each district there shall be deducted the following amounts: an amount determined by multiplying the district equalized assessed valuation by the district's equalized operating levy for school purposes times the district income factor plus ninety percent of any payment received the current year of protested taxes due in prior years no earlier than the 1997 tax year minus the amount of any protested taxes due in the current year and for which notice of protest was received during the current year; one hundred percent of the amount received the previous year for school purposes from intangible taxes, fines, forfeitures and escheats, payments in lieu of taxes and receipts from state assessed railroad and utility tax, except that any penalty paid after July 1, 1995, by a concentrated animal feeding operation as defined by the department of natural resources rule shall not be included; one hundred percent of the amounts received the previous year for school purposes from federal properties pursuant to sections 12.070 and 12.080, RSMo; federal impact aid received the previous year for school purposes pursuant to P.L. 81-874 less fifty thousand dollars multiplied by ninety percent or the maximum percentage allowed by federal regulation if that percentage is less than ninety; fifty percent, or the percentage otherwise provided in section 163.087, of Proposition C revenues received the previous year for school purposes from the school district trust fund pursuant to section 163.087; one hundred percent of the amount received the previous year for school purposes from the fair share fund pursuant to section 149.015, RSMo; and one hundred percent of the amount received the previous year for school purposes from the free textbook fund, pursuant to section 148.360, RSMo.

     3. School districts which meet the requirements of section 163.021 shall receive categorical add-on revenue as provided in this subsection. There shall be individual proration factors for each categorical entitlement provided for in this subsection, and each proration factor shall be determined by annual appropriations, but no categorical proration factor shall exceed the entitlement proration factor established pursuant to subsection 1 of this section, except that the vocational education entitlement proration factor established pursuant to line 16 of subsection 6 of this section and the educational and screening program entitlements proration factor established pursuant to line 17 of subsection 6 of this section may exceed the entitlement proration factor established pursuant to subsection 1 of this section. The categorical add-on for the district shall be the sum of: seventy-five percent of the district allowable transportation costs pursuant to section 163.161 multiplied by the proration factor; the special education approved or allowed cost entitlement for the district, provided for by section 162.975, RSMo, multiplied by the proration factor; seventy-five percent of the district gifted education approved or allowable cost entitlement as determined pursuant to section 162.975, RSMo, multiplied by the proration factor; the free and reduced lunch eligible pupil count for the district, as defined in section 163.011, multiplied by twenty percent times the guaranteed tax base per eligible pupil times the minimum value for an operating levy for school purposes as provided in section 163.011 times the proration factor; the career ladder entitlement for the district, as provided for in sections 168.500 to 168.515, RSMo, multiplied by the proration factor; the vocational education entitlement for the district, as provided for in section 167.332, RSMo, multiplied by the proration factor and the district educational and screening program entitlements as provided for in sections 178.691 to 178.699, RSMo, times the proration factor.

     4. Each district's apportionment shall be the prorated categorical add-ons plus the greater of the district's prorated entitlement minus the total deductions for the district or zero.

     5. (1) In the 1993-94 school year and all subsequent school years, pursuant to section 10(c) of article X of the state constitution, a school district shall adjust upward its operating levy for school purposes to the extent necessary for the district to at least maintain the current operating expenditures per pupil received by the district from all sources in the 1992-93 school year, except that its operating levy for school purposes shall not exceed the highest tax rate in effect subsequent to the 1980 tax year, or the minimum rate required by subsection 2 of section 163.021, whichever is less.

     (2) Beginning with the 1993-94 school year, the revenue per eligible pupil received by a district from the following sources: line 1 minus line 10, or zero if line 1 minus line 10 is less than zero, plus line 14 of subsection 6 of this section; plus the product of the current assessed valuation of the district multiplied by the following tax rate - the greater of zero or the minimum rate required by subsection 2 of section 163.021 minus the district's equalized operating levy for school purposes for 1993, shall not be less than the revenue per eligible pupil received by a district in the 1992-93 school year from the foundation formula entitlement payment amount. The department of elementary and secondary education shall make an addition in the payment amount of line 19 of subsection 6 of this section to assure compliance with the provisions contained in this section.

     (3) For any school district which meets the eligibility criteria for state aid as established in section 163.021, but which under subsections 1 to 4 of this section, receives no state aid for two successive school years, other than categorical add-ons, by August first following the second such school year, the commissioner of education shall present a plan to the superintendent of the school district for the waiver of rules and the duration of said waivers, in order to promote flexibility in the operations of the district and to enhance and encourage efficiency in the delivery of instructional services. The provisions of other law to the contrary notwithstanding, the plan presented to the superintendent shall provide a summary waiver, with no conditions, for the pupil testing requirements pursuant to section 160.257, RSMo. Further, the provisions of other law to the contrary notwithstanding, the plan shall detail a means for the waiver of requirements otherwise imposed on the school district related to the authority of the state board of education to classify school districts pursuant to section 161.092, RSMo, and such other rules as determined by the commissioner of education, except that such waivers shall not include the provisions established pursuant to sections 160.514 and 160.518, RSMo.

     (4) In the 1993-94 school year and each school year thereafter for two years, those districts which are entitled to receive state aid under subsections 1 to 4 of this section, shall receive state aid in an amount per eligible pupil as provided in this subsection. For the 1993-94 school year, the amount per eligible pupil shall be twenty-five percent of the amount of state aid per eligible pupil calculated for the district for the 1993-94 school year pursuant to subsections 1 to 4 of this section plus seventy-five percent of the total amount of state aid received by the district from all sources for the 1992-93 school year for which the district is entitled and which are distributed in the 1993-94 school year pursuant to subsections 1 to 4 of this section. For the 1994-95 school year, the amount per eligible pupil shall be fifty percent of the amount of state aid per eligible pupil calculated for the district for the 1994-95 school year pursuant to subsections 1 to 4 of this section plus fifty percent of the total amount of state aid received by the district from all sources for the 1992-93 school year for which the district is entitled and which are distributed in the 1994-95 school year pursuant to subsections 1 to 4 of this section. For the 1995-96 school year, the amount of state aid per eligible pupil shall be seventy-five percent of the amount of state aid per eligible pupil calculated for the district for the 1995-96 school year pursuant to subsections 1 to 4 of this section plus twenty-five percent of the total amount of state aid received by the district from all sources for the 1992-93 school year for which the district is entitled and which are distributed in the 1995-96 school year pursuant to subsections 1 to 4 of this section. Nothing in this subdivision shall be construed to limit the authority of a school district to raise its district operating levy pursuant to subdivision (1) of this subsection.

     (5) If the total of state aid apportionments to all districts pursuant to subdivision (3) of this subsection is less than the total of state aid apportionments calculated pursuant to subsections 1 to 4 of this section, then the difference shall be deposited in the outstanding schools trust fund. If the total of state aid apportionments to all districts pursuant to subdivision (1) of this subsection is greater than the total of state aid apportionments calculated pursuant to subsections 1 to 4 of this section, then funds shall be transferred from the outstanding schools trust fund to the state school moneys fund to the extent necessary to fund the district entitlements as modified by subdivision (4) of this subsection for that school year with a district entitlement proration factor no less than one and such transfer shall be given priority over all other uses for the outstanding schools trust fund as otherwise provided by law.

     6. State aid shall be determined as follows:

      District Entitlement

1. Number of eligible pupils x (district's equalized

     operating levy for school purposes) x      (proration x GTB per EP).................................... $........

      Deductions

2. District equalized assessed valuation

     x district income factor x district's

     equalized operating levy for school purposes

     plus ninety percent of any payment

     received the current year of protested

     taxes due in prior years no earlier

     than the 1997 tax year minus the

     amount of any protested taxes due

     in the current year and for which

     notice of protest was received

     during the current year .... $........

3. Intangible taxes, fines, forfeitures, escheats,

     payments in lieu of taxes, etc. (100% of the

     amount received the previous year for

     school purposes) ................................ $........

4. Receipts from state assessed

     railroad and utility tax (100% of

     the amount received the previous

     year for school purposes) ....................... $........

5. Receipts from federal properties

     pursuant to sections 12.070 and

     12.080, RSMo (100% of the amount

     received the previous year for

     school purposes) ................................ $........

6. (Federal impact aid received the previous

     year for school purposes pursuant to

     P.L. 81-874 less $50,000) x 90% or the

     maximum percentage allowed by federal

     regulations if less than 90% ......... $........

7. Fifty percent or the percentage otherwise

     provided in section 163.087 of Proposition C

     receipts from the school district trust fund

     received the previous year for school purposes

     pursuant to section 163.087, RSMo ............... $........

8. One hundred percent of the amount received

     the previous year for school purposes from

     the fair share fund pursuant to section

     149.015, RSMo ................................... $........

9. One hundred percent of the amount received

     the previous year for school purposes from the

     free textbook fund pursuant to section 148.360,

     RSMo ............................................ $........

10. Total deductions (sum of lines 2-9) ............. $........

      Categorical Add-ons

11. The amount distributed pursuant to section

     163.161 x proration ............................. $........

12. Special education approved or allowed cost

     entitlement for the district pursuant to section

     162.975, RSMo, x proration ...................... $........

13. Seventy-five percent of the gifted education

     approved or allowable cost entitlement as

     determined pursuant to section 162.975,

     RSMo, x proration ...................... $........

14. Free and reduced lunch eligible pupil count for

     the district, as defined in section 163.011,

     RSMo, x .20 x GTB per EP x the minimum

     value for an operating levy for school purposes

     as provided in section 163.011

     x proration ..................................... $........

15. Career ladder entitlement for the district

     as provided for in sections 168.500 to

     168.515, RSMo, x proration ...................... $........

16. Vocational education entitlements for

     the district as provided in section 167.332,

     RSMo, x proration ............................... $........

17. Educational and screening program

     entitlements for the district as provided in

     sections 178.691 to 178.699, RSMo,

     x proration ................... $........

18. Sum of categorical add-ons for the district

     (sum of lines 11-17)............................. $........

19. District apportionment (line 18 plus the

     greater of line 1 minus line 10 or

     zero) ................... $........

     7. Revenue received for school purposes by each school district pursuant to this section shall be placed in each of the incidental and teachers' funds based on the ratio of the property tax rate in the district for that fund to the total tax rate in the district for the two funds.

     163.036. 1. In computing the amount of state aid a school district is entitled to receive under section 163.031, a school district may use an estimate of the number of eligible pupils for the ensuing year or the number of eligible pupils for the immediately preceding year whichever is greater. Any error made in the apportionment of state aid because of a difference between the actual number of eligible pupils and the estimated number of eligible pupils shall be corrected as provided in section 163.091, except that if the amount paid to a district estimating eligible pupils exceeds the amount to which the district was actually entitled by more than five percent, interest at the rate of six percent shall be charged on the excess and shall be added to the amount to be deducted from the district's apportionment the next succeeding year.

     2. Notwithstanding the provisions of subsection 1 of this section or any other provision of law, the state board of education shall make an adjustment for the immediately preceding year for any increase in the actual number of eligible pupils above the number on which the state aid in section 163.031 was calculated. Said adjustment shall be made in the manner providing for correction of errors under subsection 1 of this section.

     3. For the purposes of distribution of state school aid pursuant to section 163.031, RSMo, a school district may elect to use the district's equalized assessed valuation for the preceding year, or an estimate of the current year's assessed valuation if the current year's equalized assessed valuation is estimated to be more than ten percent less than the district's equalized assessed valuation for the preceding year. A district shall give prior notice to the department of its intention to use the current year's assessed valuation pursuant to this subsection. Any error made in the apportionment of state aid because of a difference between the actual equalized assessed valuation for the current year and the estimated equalized assessed valuation for the current year shall be corrected as provided in section 163.091, RSMo, except that if the amount paid to a district estimating current equalized assessed valuation exceeds the amount to which the district was actually entitled, interest at the rate of six percent shall be charged on the excess and shall be added to the amount to be deducted from the district's apportionment the next succeeding year."; and

     Further amend the title and enacting clause accordingly.

     Senator Johnson moved that the above amendment be adopted.

     Senator Klarich raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and intent of the original bill.

     Senator Clay assumed the Chair.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     President Pro Tem McKenna resumed the Chair.

     Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

     Amend House Bill No. 628, Page 2, Section 162.431, Line 32 of said page, by inserting immediately after all of said line the following:

     "6. Other provisions of this chapter to the contrary notwithstanding, the state board of education may not attach a lapsed school district to any school district if the school district being considered to receive territory of a lapsed district opposes the attachment. The board of directors or school board in any school district being considered to receive a lapsed district may, by majority vote, oppose any attachment by the state board of education.".

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

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Wiggins offered SA 3:

SENATE AMENDMENT NO. 3

     Amend House Bill No. 628, Page 2, Section 162.431, Line 32, by inserting immediately after all of said line the following:

     "Section 1. Any school district which chooses to participate in cross-boundary school athletic competition shall participate in conjunction with an association which allows full competition between students from public and private or parochial schools."; and

     Further amend the title and enacting clause accordingly.

     Senator Wiggins moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 3 is out of order in that it goes beyond the scope of the original bill.

     Senator Scott assumed the Chair.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     On motion of Senator Klarich, HB 628, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senator Lybyer--1
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senator McKenna--1
Absent with leave--Senators--None

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

     HB 700, with SCS, introduced by Represen-tative Legan, et al, entitled:

     An Act to amend chapter 10, RSMo, relating to official state emblems by adding thereto two new sections relating to the same subject.

     Was taken up by Senator Westfall.

     SCS for HB 700, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 700

     An Act to amend chapter 10, RSMo, relating to official state emblems by adding thereto two new sections relating to the same subject.

     Was taken up.

     Senator Westfall moved that SCS for HB 700 be adopted.

     Senator Kenney offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Bill No. 700, Page 1, Section 10.135, Line 2, by adding immediately after said line the following:

     "Section 1. 1. The English language is the official language of the State of Missouri.

     2. The English language is designated as the language of official public documents and records and official public meetings as defined in Chapter 610, RSMo. As funds are appropriated by the Missouri General Assembly, the Department of Elementary and Secondary Education shall implement classes to assist individuals who are not proficient in the English language."; and

     Change the title and enacting clause accordingly.

     Senator Kenney moved that the above amendment be adopted.

     Senator Staples raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and title of the bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Westfall moved that SCS for HB 700 be adopted, which motion prevailed.

     On motion of Senator Westfall, SCS for HB 700 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoFlotronGraves
HouseHowardJacobJohnson
KlarichMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSingletonStaplesWestfall
Yeckel--25
Nays--Senators
BanksGoodeKenneyKinder
LybyerSchneiderSimsWiggins--8
Absent--Senator Ehlmann--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HCS for HJR 9, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing sections 11(b) and 11(c) of article X of the Constitution of Missouri, relating to limitations on local tax rates and adopting three new sections in lieu thereof relating to the same subject.

     Was taken up by Senator Curls.

     Senator Flotron offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 1, Section 11(b), Lines 1-11 and Page 2, Section 11(c), by deleting said sections and amending the title and enacting clause accordingly.

     Senator Flotron moved that the above amendment be adopted.

     At the request of Senator Curls, HCS for HJR 9, with SA 1 (pending), was placed on the Informal Calendar.

     Senator Johnson resumed the Chair.

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 SS No. 2 for SCS for SB 284, 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.

THIRD READING OF SENATE BILLS

     Senator McKenna requested unanimous consent of the Senate to suspend the rules for the purpose of third reading of SS No. 2 for SCS for SB 284, which request was granted.

     SS No. 2 for SCS for SB 284, introduced by Senator McKenna, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 284

     An Act to repeal sections 37.010 and 103.059, RSMo 1994, and sections 8.710, 29.100, 33.090, 34.050, 36.060, 36.070, 41.948, 43.509, 66.380, 160.272, 161.102, 173.081, 192.006, 207.021, 260.225, 262.470, 276.406, 287.650, 326.110, 333.111, 337.050, 361.105, 374.045, 454.400, 620.010, 620.125, 630.050, 633.190, 640.010, 640.755, 643.050, 644.026, 650.005 and 660.017, RSMo Supp. 1996, and section 32.125, as both versions of such section appear in RSMo Supp. 1996, relating to rulemaking, and to enact in lieu thereof thirty-eight new sections relating to the same subject, with an emergency clause.

     Was taken up.

     On motion of Senator McKenna, SS No. 2 for SCS for SB 284 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayEhlmann--2
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayEhlmann--2
Absent with leave--Senators--None

     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.

HOUSE BILLS ON SECOND READING

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

     HB 15--Appropriations.

     HB 16--Appropriations.

     HB 190--Public Health and Welfare.

     HCS for HB 336--Labor and Industrial Relations.

     HCS for HB 509--Aging, Families and Mental Health.

     HCS for HB 635--Public Health and Welfare.

     President Pro Tem McKenna resumed the Chair.

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Bentley moved that the vote to lay on the table the motion to reconsider the vote by which HCS for SB 241, as amended, passed be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayEhlmannSchneider--3
Absent with leave--Senators--None

     Having voted on the prevailing side, Senator Bentley moved that the vote by which the title to HCS for SB 241, as amended, was agreed to be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senator Clay--1
Absent with leave--Senators--None

     Having voted on the prevailing side, Senator Bentley moved that the vote by which HCS for SB 241, as amended, was read the third time and passed be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayScott--2
Absent with leave--Senators--None

     Having voted on the prevailing side, Senator Bentley moved that the vote by which HCS for SB 241, as amended, was adopted be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senator Clay--1
Absent with leave--Senators--None

     Senator Bentley withdrew the motion to adopt HCS for SB 241, as amended.

     Senator Bentley moved that the Senate refuse to concur in HCS for SB 241, as amended, and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

     Senator Curls moved that HCS for HJR 9, with SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 1 was again taken up.

     Senator Goode offered SSA 1 for SA 1:

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

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 1, In the Title, Line 4, by striking the word "three" and inserting in lieu thereof the word "four"; and

     Further amend said resolution and page, in the preamble, line 4, by striking the word "amendment" and inserting in lieu thereof the following: "amendments, to be presented to the voters as separate questions"; and

     Further amend Section A, line 2, by striking the word "three" and by inserting the word "two" and further amend said line by striking "11(b), 11(c) and 11(g)" and inserting in lieu thereof the following "11(b) and 11(c)" and further amend said resolution, page 2, section 11(c), line 25, by inserting after said line the following:

     "Section B. Article X, Constitution of Missouri is amended by adopting one new section thereto, to be submitted to the voters as a separate question, and to be known as 11(g), to read as follows:".

     Senator Goode moved that the above substitute amendment be adopted.

     Senator Flotron raised the point of order that SSA 1 for SA 1 is out of order in that the substitute amendment goes beyond the scope and purpose of the bill.

     Senator Johnson resumed the Chair.

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

     SSA 1 for SA 1 was again taken up.

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

     Senator Mueller offered SA 2:

SENATE AMENDMENT NO. 2

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 1, In the Title, Line 2, by inserting after the word "sections" the following: "4(b)"; and further amend line 4, by striking the word "three" and inserting in lieu thereof the word "four"; and further amend the preamble, line 4, by striking the word "amendment" and inserting in lieu thereof the following: "amendments, to be presented to the voters as separate questions,"; and further amend said resolution, by inserting after line 5 of the preamble by inserting the following:

     "Section A. Section 4(b), article X, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be submitted to the voters as a separate question and to be known as section 4(b), to be read as follows:

     Section 4(b). 1. Property in classes 1 and 2 and subclasses of those classes, shall be assessed for tax purposes at its value or such percentage of its value as may be fixed by law for each class and for each subclass. Property in class 3 and its subclasses shall be taxed only to the extent authorized and at the rate fixed by law for each class and subclass, and the tax shall be based on the annual yield and shall not exceed eight percent thereof. Property in class 1 shall be subclassed in the following classifications:

     (1) Residential property;

     (2) Agricultural and horticultural property;

     (3) Utility, industrial, commercial, railroad, and all other property not included in subclasses (1) and (2) of class 1.

Property in the subclasses of class 1 may be defined by law[, however subclasses (1), (2), and (3) shall not] and may be further divided [, provided] by the general assembly by general law to provide for further classification based solely upon the land, exclusive of buildings and structures thereon, and buildings and structures upon land. Land in subclass (2) may, by general law, be assessed for tax purposes on its productive capability. The same percentage of value shall be applied to all properties within any subclass. No classes or subclass shall have a percentage of its true value in money in excess of thirty-three and one-third percent.

     2. Any general law enacted by the general assembly to provide for further classification of real property based solely upon the land, exclusive of buildings and structures thereon, and buildings and structures upon land, shall provide that it shall not become effective in any unincorporated area of a county or in any city, town, or village of this state until it has been adopted by a majority of the voters of such unincorporated area of a county or of such city, town, or village. In order to implement any general law enacted pursuant to this section to provide for further classification of real property based solely upon the land, exclusive of buildings and structures thereon, and buildings and structures upon land, the limits set in section 11(b) of this article and those set by any law of this state for any tax which will generate less revenue as a result of such general law, may be exceeded by any county, city, town, or village whose voters have adopted such general law and by any other taxing authority located within any county, city, town, or village whose voters have adopted such general law, without any further voter approval, including that mandated by section 22 of this article; but, no tax rate set in excess of the limits in section 11(b) of this article or in any law of this state as allowed in this subsection shall be greater than the rate necessary to generate the same amount of revenue generated by the tax in the year immediately prior to the year in which such general law was adopted plus a percentage of such prior year's revenues which is equal to the final annual percentage rate of inflation, as established by the consumer price index, for such prior year."; and

     Further amend said resolution, page 1, Section A, line 1, by striking "A" and inserting in lieu thereof the letter "B"; and further amend line 2, by inserting after the word "thereof" the following: "To be submitted to the voters as a separate question and".

     Senator Mueller moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 2 is out of order in that the amendment goes beyond the scope and purpose of the original bill.

     The point of order was referred to the President Pro Tem, who took it under advisement, placing the resolution on the Informal Calendar.

     HB 722, introduced by Representative Johnson, entitled:

     An Act to authorize the lease of certain property to a developer for the purpose of constructing a prison to be leased to the state.

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

     Senator Mathewson requested unanimous consent of the Senate to suspend the rules for the purpose of offering SA 1, which request was granted.

     Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Bill No. 722, Page 1, In the Title, Lines 2 and 3, by striking all of said lines and inserting in lieu thereof the following: "Relating to certain public property transactions."; and

     Further amend said bill, page 2, section 1, line 28, of said page, by inserting immediately after all of said the following:

     "Section 2. The director of the department of natural resources is authorized to transfer by quit claim deed, to the governor of the state of Missouri interest in property in Lafayette County more particularly described as follows:

"Tract No. 1

Part of the Southwest Quarter of the Southwest Quarter of Section 25, Township 50 North, Range 26 West, Lafayette County, Missouri, more particularly described as follows:

From the southwest corner of said Section 25; thence North 1 degree 20'24"E. along the Section Line, 41.79 feet to a point on the northerly line of Missouri State Route 13, and the POINT OF BEGINNING for this description; thence continuing North 1 degree 20'24"E. along the Section Line, 995.72 feet to the westerly line of County Road No. 163; thence Southerly, along the westerly line of said County Road, the following courses: S27 degrees 02'37"E. 461.01 feet, thence on a curve to the right, having a radius of 511.17 feet, an arc distance of 276.43 feet (the chord of said curve being S11 degrees 33'06"E. 273.07 feet); thence S03 degrees 56'26"W. 334.28 feet to a point on the northerly line of Missouri State Road 13; thence leaving the westerly line of the County Road, along the northerly line of Missouri State Route 13, the following courses: N87 degrees 34'48"W. 166.43 feet; thence North 2 degrees 25'12"E 5.00 feet; thence N87 degrees 34'48"W. 98.62 feet to the POINT OF BEGINNING.

     Containing 4.69 acres.

Subject to a 30 foot wide Sanitary Sewer Easement across the northern part of the above described tract, said 30 foot wide easement lies 10 feet left of, 20 feet right of, parallel to and adjacent to the following described line:

From the southwest corner of said Section 25; thence N01 degrees 20'24"E. along the Section Line, 1015.34 feet to POINT OF BEGINNING; thence N80 degrees 54'51"E. 11.08 feet to a point on the westerly line County Road No. 163 and the POINT OF TERMINATION.";

"Tract No. 2

Part of the Southwest Quarter of Section 25, Township 50 North, Range 26 West, Lafayette County, Missouri, more particularly described as follows:

From the southwest corner of said Section 25; thence N01 degree 20'24"E. along the Section Line, 41.79 feet to a point on the Northerly line of Missouri State Route 13; thence along the northerly line of Missouri State Route 13 the following courses: S87 degrees 34'48"E. 98.62 feet; thence S02 degrees 25'12"W. 5.00 feet; thence S87 degrees 34'48"E 226.43 feet to the easterly line of County Road No. 163, and the POINT OF BEGINNING for this description; thence leaving the northerly line of Missouri State Route 13, along the easterly and southerly line of said County Road, the following courses: N03 degrees 56'26"E. 332.68 feet; thence northerly, on a curve to the left, having a radius of 571.17 feet, an arc distance of 308.88 feet (the chord of said curve being N11 degrees 33'06"W. 305.13 feet); thence N27 degrees 02'37"W. 303.42 feet; thence northerly, on a curve to the right, having a radius of 563.15 feet, an arc distance of 278.98 feet (the chord of said curve being N12 degrees 51'07"W. 276.13 feet); thence N01 degree 20'24"E 1307.68 feet; thence northerly, on a curve to the right, having a radius of 98.62 feet, an arc distance of 155.96 feet (the chord of said curve being N46 degrees 38'47"E. 140.21 feet); thence S88 degrees 02'51"E. 815.84 feet; thence leaving the southerly line of said County Road, S12 degrees 15'33"E. 1323.35 feet to the most westerly corner of the second described tract in Book 642, Page 485, Lafayette County Recorder's Office; thence S36 degrees 45'52"E. along the westerly line of said tract, 519.22 feet to a point 100 feet northerly of and perpendicular to the northerly line of a tract described by deed of record in Book 513, Page 156, Lafayette County Recorder's Office; thence S29 degrees 50'08"W. parallel to the northerly line of said tract, 998.31 feet to a point on the northerly line of Missouri State Route 13; thence along the northerly line of Missouri State Route 13, the following courses: N87 degrees 34'48"W. 52.33 feet; thence S02 degrees 25'12"W. 5.00 feet; thence N87 degrees 34'48"W. 753.55 feet to the POINT OF BEGINNING.

Containing 66.09 acres.

SUBJECT to a 30 foot wide Sanitary Sewer Easement across the northern part of the above described tract, said 30 foot wide easement lies 10 feet left of, 20 feet right of, parallel to and adjacent to the following described line: From the southwest corner of said Section 25; thence N01 degree 20'24"E. along the Section Line, 1015.34 feet; thence N80 degrees 54'51"E. 85.89 feet to the easterly line of County Road No. 163 and the POINT OF BEGINNING, thence continuing N80 degrees 54'51"E. 45.97 feet; thence N46 degrees 54'17"E. 326.68 feet; thence S75 degrees 29'22"E. 363.48 feet; thence S47 degrees 15'39"E. 483.78 feet; thence N28 degrees 18'47"E. 404.80 feet; thence N50 degrees 02'50"E. 68.07 feet to a point on the westerly line of a tract described by deed of record in Book 642, Page 485, Lafayette County Recorder's Office and the POINT OF TERMINATION. Subject to easements recorded in Book 414 at Page 249 and Book 472 at page 278 of the Layette County Recorder's Office.

Grantors retain the right to a convenient, reasonable access across the above described land in order to maintain, operate, repair and service the above described sanitary sewer easement.";

excepting therefrom approximately 3 acres lying between the creek bed and the property of the Daughters of the Confederacy.

     2. The final legal description for the conveyance shall be determined by survey and the total of acreage conveyed may be less than the acreage described herein, subject to agreement between the parties.

     3. The property described in this section shall not be conveyed until there is a written agreement of conveyance which provides that the property shall revert to the department of natural resources if it is not used as a veterans cemetery within a reasonable time, as agreed to by the parties.

     4. The Missouri veteran's commission shall assume responsibility to properly close and fill the lagoon existing on the property unless soil testing indicates the presence of contamination which would require special handling of the sludge material. If environmental laws or regulations require the special handling of sludge materials, the department of natural resources shall share the cost of the clean-up equally with the veteran's commission.

     5. The attorney general shall approve as to the form of the instrument of conveyance.".

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

     On motion of Senator Staples, HB 722, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsGravesSims--4
Absent with leave--Senators--None

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

     HB 823, with SCA 1, introduced by Representative Lumpe, et al, entitled:

     An Act to repeal sections 217.010 and 217.777, RSMo Supp. 1996, relating to community corrections, 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 Staples.

     SCA 1 was taken up.

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

     On motion of Senator Staples, HB 823, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClaySchneiderSimsSingleton--4
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClaySimsSingleton--3
Absent with leave--Senators--None

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

     At the request of Senator Caskey, the point of order on SA 2 to HCS for HJR 9 was withdrawn.

     SA 2 was again taken up.

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

     Senator Wiggins assumed the Chair.

     Senator Yeckel offered SA 3:

SENATE AMENDMENT NO. 3

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 3, Section 11(g), Line 9 of said page, by inserting immediately after said line the following:

     "Section 11(h). Except by a vote of the people, unless improvements have been made to the property, the assessed valuation of the property shall not increase by more than the Consumer Price Index for All Urban Consumers for the United States, or its successor index, as defined and officially reported by the United States Department of Labor, or its successor agency, for the period of assessment."; and

     Further amend the title and enacting clause accordingly.

     Senator Yeckel moved that the above amendment be adopted.

     Senator Yeckel offered SSA 1 for SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 3, Section 11(g), Line 9 of said page, by inserting immediately after said line the following:

     "Section 11(h). Except by a vote of the people, excluding improvements that have been made to property and reclassifications of property, the assessed valuation of real property shall not increase by more than ten percent more than the Consumer Price Index for All Urban Consumers for the United States, or its successor index, as defined and officially reported by the United States Department of Labor, or its successor agency, for the period of assessment."; and

     Further amend the title and enacting clause accordingly.

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

     SA 3 was again taken up.

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

     Senator House offered SA 4:

SENATE AMENDMENT NO. 4

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 3, Section 11(g), Line 9, by inserting immediately after all of said line the following:

     "Section B. Section 26(b), article VI, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 26(b), to read as follows:

     Section 26(b). Any county, city, incorporated town or village or other political corporation or subdivision of the state, by vote of the qualified electors thereof voting thereon, may become indebted in an amount not to exceed five percent of the value of taxable tangible property therein as shown by the last completed assessment for state or county purposes, except that a school district by a vote of the qualified electors voting thereon may become indebted in an amount not to exceed [ten] fifteen percent of the value of such taxable tangible property. For elections referred to in this section the vote required shall be four-sevenths at the general municipal election day, primary or general elections and two-thirds at all other elections."; and

     Further amend the title and preamble accordingly.

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

     Senator Westfall offered SA 5:

SENATE AMENDMENT NO. 5

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 2, Section 11(c), Line 8 of said page, by striking "a majority" and inserting in lieu thereof the words: "four-sevenths"; and further amend said bill, page and section, line 9, by inserting after the word "therefor;" the following: "Provided in school districts the rate of taxation as herein limited may be increased for school purposes so that the total levy shall not exceed three dollars and seventy-five cents on the one hundred dollars assessed valuation when the rate and the purpose of the increase are submitted to a vote and a majority of the qualified electors voting thereon shall vote therefor;"; and

     Further amend said bill, page 2, section 11(g), line 5 of said section by striking the following: "a majority" and inserting in lieu thereof the following: "four-sevenths".

     Senator Westfall moved that the above amendment be adopted.

     Senator Kenney offered SSA 1 for SA 5:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 5

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 2, Section 11(c), Line 8 of said page, by striking "a majority" and inserting in lieu thereof the words: "four-sevenths"; and further amend said bill, page and section, line 9, by inserting after the word "therefor;" the following: "Provided in school districts the rate of taxation as herein limited may be increased for school purposes so that the total levy shall not exceed three dollars and seventy-five cents on the one hundred dollars assessed valuation when the rate and the purpose of the increase are submitted to a vote and a majority of the qualified electors voting thereon shall vote therefor;".

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

     SA 5 was again taken up.

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

     Senator House offered SA 6:

SENATE AMENDMENT NO. 6

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 3, Section 11(g), Line 9, by inserting immediately after all of said line the following:

     "Section B. Section 26(b), article VI, Constitution of Missouri, is repealed and one new section adopted in lieu thereof as a separate question, to be known as section 26(b), to read as follows:

     Section 26(b). Any county, city, incorporated town or village or other political corporation or subdivision of the state, by vote of the qualified electors thereof voting thereon, may become indebted in an amount not to exceed five percent of the value of taxable tangible property therein as shown by the last completed assessment for state or county purposes, except that a school district by a vote of the qualified electors voting thereon may become indebted in an amount not to exceed [ten] fifteen percent of the value of such taxable tangible property. For elections referred to in this section the vote required shall be four-sevenths at the general municipal election day, primary or general elections and two-thirds at all other elections."; and

     Further amend the title and preamble accordingly.

     Senator House moved that the above amendment be adopted.

     Senator Singleton raised the point of order that SA 6 is out of order as it goes beyond the scope of the original bill.

     President Pro Tem McKenna took the point of order under advisement, placing the bill on the Informal Calendar.

     President Pro Tem McKenna resumed the Chair.

     HB 99, introduced by Representative Williams (121), entitled:

     An Act to repeal section 64.725, RSMo Supp. 1996, relating to county planning, 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 Caskey.

     On motion of Senator Caskey, HB 99 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
EhlmannFlotronGoodeHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senator Graves--1
Absent--Senators
BentleyClayDePascoSims--4
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
EhlmannFlotronGoodeHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senator Graves--1
Absent--Senators
BentleyClayDePascoSims--4
Absent with leave--Senators--None

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

     HB 340, with SCA 1, introduced by Representative Pouche, entitled:

     An Act to repeal sections 204.257 and 204.300, RSMo 1994, relating to sewer districts, 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 Johnson.

     SCA 1 was taken up.

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

     On motion of Senator Johnson, HB 340, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyClaySims--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.

     HB 523, with SCA 1, introduced by Representative Skaggs, entitled:

     An Act relating to certain road districts.

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

     SCA 1 was taken up.

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

     On motion of Senator Quick, HB 523, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyClaySims--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 487, introduced by Representative Parker, entitled:

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

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

     Senator Scott resumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Lybyer moved that HB 487 be read the 3rd time and finally passed.

     At the request of Senator Lybyer, the motion for 3rd reading and final passage was withdrawn.

     Senator Banks requested leave of the Senate for the Committee on Public Health and Welfare to meet while the Senate is in session, which request was granted.

     At the request of Senator House, SA 6 to HCS for HJR 9 was withdrawn, rendering the point of order moot.

     Senator Flotron offered SA 7:

SENATE AMENDMENT NO. 7

     Amend House Committee Substitute for House Joint Resolution No. 9, Page 3, Section 11(g), Line 9, by inserting immediately after all of said line the following:

     "Section D. Section 18, article X, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 18, to read as follows:

     Section 18. (a) There is hereby established a limit on the total amount of taxes which may be imposed by the general assembly in any fiscal year on the taxpayers of this state. Effective with fiscal year 1981-1982, and for each fiscal year thereafter, the general assembly shall not impose taxes of any kind which, together with all other revenues of the state, federal funds excluded, exceed the revenue limit established in this section. The revenue limit shall be calculated for each fiscal year and shall be equal to the product of the ratio of total state revenues in fiscal year 1980-1981 divided by the personal income of Missouri in calendar year 1979 multiplied by the personal income of Missouri in either the calendar year prior to the calendar year in which appropriations for the fiscal year for which the calculation is being made, or the average of personal income of Missouri in the previous three calendar years, whichever is greater.

     (b) For any fiscal year in the event that total state revenues exceed the revenue limit established in this section by one percent or more, the excess revenues shall be refunded pro rata based on the liability reported on the Missouri state income tax (or its successor tax or taxes) annual returns filed following the close of such fiscal year or by an appropriation to the public school property tax reduction fund which shall be applied to reduce public school property taxes on a pro rata basis for the first two dollars and seventy-five cents per one hundred dollars assessed valuation per property tax payor as provided by law. If the excess is less than one percent, this excess shall be transferred to the general revenue fund.

     (c) The revenue limitation established in this section shall not apply to taxes imposed for the payment of principal and interest on bonds, approved by the voters and authorized under the provisions of this constitution.

     (d) If responsibility for funding a program or programs is transferred from one level of government to another, as a consequence of constitutional amendment, the state revenue and spending limits may be adjusted to accommodate such change, provided that the total revenue authorized for collection by both state and local governments does not exceed that amount which would have been authorized without such change."; and

     Further amend the title and enacting clause accordingly.

     Senator Flotron moved that the above amendment be adopted.

     Senator Mathewson raised the point of order that SA 7 is out of order in that the amendment goes beyond the intent and purpose of the original bill.

     Senator Johnson resumed the Chair.

     The point of order was referred to the President Pro Tem, who took it under advisement, placing the bill on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SS for SCS for HB 491, as amended, 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 refuses to recede from its position on HS for HCS for SCS for SB 16, as amended, and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SCS for SB 16, as amended: Representatives: Backer, Days, Fitzwater, Long and Bartlesmeyer.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SCS for SB 56, as amended, and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SCS for SB 56, as amended: Representatives: May (108), Hosmer, Seigfreid, Wannemacher and Alter.

     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 263, entitled:

     An Act to repeal sections 660.100, 660.105, 660.110, 660.115, 660.120, 660.122, 660.125 and 660.135, RSMo 1994, and section 660.130, RSMo Supp. 1996, relating to the funding of the Missouri utilicare and related energy assistance programs, and to enact in lieu thereof ten 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 Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HB 655, as amended: Representatives: May (108), Lakin, O'Toole, Pryor and Wooten.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House recedes from its position on HA 1 to SB 298, and has again taken up and passed HCS for SB 298, entitled:

     An Act to repeal sections 86.260, 86.267, 86.387, 86.447, 86.450, 86.453, 86.457, 86.463, 86.467, 86.620, 86.650 and 86.670, RSMo 1994, and sections 86.256, 86.280, 86.283, 86.287, 86.370, 86.430, 86.600, 86.630 and 86.672, RSMo Supp. 1996, relating to certain police retirement systems, and to enact in lieu thereof twenty-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 HCS for SB 132, entitled:

     An Act to repeal sections 115.013, 115.019, 115.045, 115.085, 115.115, 115.117, 115.129, 115.132, 115.139, 115.151, 115.155, 115.159, 115.160, 115.163, 115.165, 115.193, 115.247, 115.275, 115.285, 115.317, 115.363, 115.379, 115.387, 115.389, 115.395, 115.453, 115.479, 115.495, 115.507, 115.511, 115.531, 115.575, 115.577, 115.600, 115.619, 115.621, 115.631, 115.635, 116.010, 116.030, 116.040, 116.050, 116.100, 116.130, 116.160, 116.170, 116.180, 116.190, 116.240, 116.260, 116.332 and 116.334, RSMo 1994, and sections 115.023, 115.123, 115.125, 115.127, 115.277, 115.279, 115.283, 115.284, 115.359, 115.361, 115.373, 115.601 and 247.180, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof sixty-six new sections relating to the same subject, with an emergency clause for certain sections.

     With House Amendments Nos. 1, 2, 3 and 4.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Bill No. 132, Page 53, Section 116.160, Line 13, by deleting the words "one hundred" and inserting in lieu thereof the word "fifty".

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Bill No. 132, Page 1, In the Title, Line 4, by deleting the number "115.363,"; and

     Further amend said bill, Page 1, In the Title, Line 9, by inserting after the number "115.361," the number "115.363,"; and

     Further amend said bill, Page 1, Section A, Line 3, by deleting the number "115.363,"; and

     Further amend said bill, Page 1, Section A, Line 7, by inserting after the number "115.361," the number "115.363,"; and

     Further amend said bill, Page 2, Section 115.013, Line 17, by deleting the word "found"; and

     Further amend said bill, Page 2, Section 115.013, Lines 18 to 20, by deleting all of said lines and inserting in lieu thereof the following: "a determination made by a court of competent jurisdiction, the Missouri ethics commission, an election authority or any other body authorized by law to make such a determination that a candidate is ineligible to hold office or not entitled to be voted on for office;"; and

     Further amend said bill, Page 35, Section 115.363, Line 40, by deleting the opening bracket "[" before the word "eleventh" and inserting an opening bracket "[" before the word "the".

HOUSE AMENDMENT NO. 3

     Amend House Committee Substitute for Senate Bill No. 132, Page 1, In the Title, Line 10, by deleting the word "sixty-six" and inserting in lieu thereof the word "sixty-seven"; and

     Further amend said bill, Page 1, Section A, Line 8, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-five"; and

     Further amend said bill, Page 2, Section A, Line 10, by inserting after the number "115.247," the number "115.248,"; and

     Further amend said bill, Page 21, Section 115.247, Line 21, by inserting after all of said line the following:

     "115.248. Whenever the reprinting of a statewide election ballot is necessary as a result of circumstances beyond the control of a local election authority, the costs of such reprinting shall be paid by the state.".

HOUSE AMENDMENT NO. 4

     Amend House Committee Substitute for Senate Bill No. 132, Page 58, Section C, Line 4, by inserting immediately after all of said line the following:

     "81.070. 1. At the next municipal election in all cities and towns under special charters and having three thousand inhabitants and not more than ten thousand inhabitants, except as allowed in subsection 2 of this section, and at each municipal election thereafter, there shall be elected a mayor, a councilman at large, one councilman from each ward, a constable, an attorney, a treasurer, who shall be, by virtue of [his] the treasurer's office, collector of the revenue of such city, an auditor, and a clerk, who shall hold their respective offices for two years, and until their successors are elected and qualified. And the city council shall provide by ordinance for the election or appointment of the following officer, to wit: An assessor; except that the governing bodies of cities in counties of the first class under a charter form of government which have attained a population of more than three thousand and less than ten thousand inhabitants subsequent to the granting of its special charter, may by ordinance provide that the terms of its original special charter relating to municipal officers, their election and terms shall continue in force notwithstanding the provisions of this section.

     2. At the next municipal election in all cities and towns under special charters with at least three thousand inhabitants and not more than ten thousand inhabitants and located in a county of the first or second classification that adjoins a county of the first classification with a charter form of government, the city council may place the question of whether the city council shall be allowed to appoint municipal offices, other than a mayor, a councilman at large and one councilman from each ward. The city council shall provide by ordinance the ballot language to be submitted to the voters. Upon approval by a majority of the qualified voters in such city or town voting on the question, the city council shall be allowed to appoint the specified offices."; and

     Further amend the title and enacting clause accordingly.

     In which the concurrence of the Senate is respectfully requested.

PRIVILEGED MOTIONS

     Senator Banks moved that the Senate refuse to recede from its position on SS for SCS for HB 491, as amended, and grant the House a conference thereon, which motion prevailed.

     Senator Staples moved that the Senate refuse to concur in HCS for SB 132, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

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

May 2, 1997

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Sheila F. Lumpe, Democrat, 6908 Amherst, University City, St. Louis County, Missouri 63130, as a member of the Public Service Commission, for a term ending April 15, 2003, and until her successor is duly appointed and qualified; vice, Kenneth McClure, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 2, 1997

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Karla M. McLucas, 823 Southwest Boulevard, Apartment Q, Jefferson City, Cole County, Missouri 65109, as the Director of the Department of Labor and Industrial Relations, for a term ending at the pleasure of the Governor, vice, Sandra M. Moore.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 2, 1997

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Connie L. Murray, Republican, 2118 S. Catalina Avenue, Springfield, Greene County, Missouri 65804-2829, as a member of the Public Service Commission, for a term ending April 15, 2003, and until her successor is duly appointed and qualified; vice, Duncan Kincheloe, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     The President Pro Tem referred the above appointments to the Committee on Gubernatorial Appointments.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SCS for SB 56, as amended: Senators Schneider, Caskey, Howard, Klarich and Rohrbach.

     Also,

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SB 387: Senators Schneider, Howard, Johnson, Kinder and Yeckel.

     Also,

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SS for SCS for HB 491, as amended: Senators Banks, Mathewson, Scott, Flotron and Klarich.

     Also,

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HB 655, as amended: Senators Caskey, Scott, Mathewson, Klarich and Graves.

     Also,

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SCS for SB 316: Senators Mathewson, DePasco, Wiggins, Kenney and Graves.

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 HCS for SB 170, 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.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and HCS for SB 170, 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.

REPORTS OF STANDING COMMITTEES

     Senator Scott, Chairman of the Committee on Corrections and General Laws, submitted the following reports:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 105, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HCS for HB 459, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 32, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

     Senator Schneider offered Senate Resolution No. 792, regarding the Florissant Optimist Club, which was adopted.

     Senator Scott offered Senate Resolution No. 793, regarding the Hepatitis C Awareness Month, which was adopted.

     Senator Yeckel offered Senate Resolution No. 794, regarding the Fiftieth Anniversary of Trinity Lutheran Church, Kirkwood, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Caskey introduced to the Senate, Sarah Sudduth, Pleasant Hill.

     Senator Bentley introduced to the Senate, Megan Nichols, Springfield.

     On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Tuesday, May 6, 1997.