Journal of the Senate

FIRST REGULAR SESSION


SIXTY-FOURTH DAY--TUESDAY, MAY 6, 1997


     The Senate met pursuant to adjournment.

     Senator Johnson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, You have told us in the Bible, "Be still and know that I am God." Lord, when we get busy it is hard to find a quiet time. But the busier we get, the more we need it. Help us in these busy times to know that You are God, to seek Your wisdom and to receive comfort from Your strength. We pray for Your guidance that our haste might not make waste. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

     The following Senators were present during the day's proceedings:

Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

HOUSE BILLS ON THIRD READING

     HB 159, introduced by Representative Champion, entitled:

     An Act to repeal section 249.520, RSMo 1994, relating to sewer improvement assessments, 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 Bentley.

     On motion of Senator Bentley, HB 159 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
ClayEhlmannJacobMaxwell
Scott--5
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 470, introduced by Representative Smith, entitled:

     An Act to repeal section 137.021, RSMo 1994, relating to real property, 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 House.

     On motion of Senator House, HB 470 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyChildersCurls
DePascoEhlmannFlotronGoode
GravesHouseJohnsonKenney
KinderKlarichMathewsonMcKenna
MuellerRohrbachRussellSchneider
ScottSimsStaplesWestfall
WigginsYeckel--26
Nays--Senators
CaskeyHowardLybyerQuick--4
Absent--Senators
ClayJacobMaxwellSingleton--4
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 820, with SCS, introduced by Representative Sheldon (104), et al, entitled:

     An Act relating to crime of aggravated harassment of an employee by an inmate, with penalty provisions.

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

     SCS for HB 820, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 820

     An Act relating to crime of aggravated harassment of an employee, with penalty provisions.

     Was taken up.

     Senator McKenna moved that SCS for HB 820 be adopted, which motion prevailed.

     On motion of Senator McKenna, SCS for HB 820 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
JacobMaxwellSingleton--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 710, introduced by Representative Foley, entitled:

     An Act to amend chapter 79, RSMo, relating to compensation of certain board members by adding thereto one new section relating to the same subject.

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

     On motion of Senator DePasco, HB 710 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
JacobMaxwellSchneider--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 711, introduced by Representative Hartzler (124), entitled:

     An Act to repeal section 81.070, RSMo 1994, relating to election and appointment of certain municipal officials, and to enact in lieu thereof one new section relating to the same subject.

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

     Senator Caskey requested unanimous consent of the Senate to suspend the rules for the purpose of offering a Senate Substitute, which request was granted.

     Senator Caskey offered SS for HB 711, entitled:

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 711

     An Act to repeal section 81.070, RSMo 1994, relating to election and appointment of certain municipal officials, and to enact in lieu thereof one new section relating to the same subject.

     Senator Caskey moved that SS for HB 711 be adopted, which motion prevailed.

     On motion of Senator Caskey, SS for HB 711 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
CurlsDePascoJacobSchneider--4
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 749, introduced by Representative Stroker, et al, entitled:

     An Act relating to municipal ordinances.

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

     On motion of Senator Goode, HB 749 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsJacobQuick--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 756, with SCA 1, introduced by Representative Luetkenhaus, entitled:

     An Act relating to security guards.

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

     SCA 1 was taken up.

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

     On motion of Senator House, HB 756, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Jacob--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 771, with SCA 1, introduced by Representative Barnett, entitled:

     An Act to repeal sections 138.010 and 138.020, RSMo 1994, relating to board of equalization members, 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 Graves.

     SCA 1 was taken up.

     Senator Graves moved that the above amendment be adopted.

     At the request of Senator Graves, the motion for adoption of SCA 1 to HB 771 was withdrawn.

     At the request of Senator Graves, the motion for 3rd reading and final passage of HB 771 was withdrawn.

     HB 802, with SCS, introduced by Representatives Gratz and Vogel, entitled:

     An Act to authorize the conveyance of certain real property in Jefferson City to the St. Louis Health Care Network.

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

     SCS for HB 802, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 802

     An Act to authorize the governor to convey certain real property, with an emergency clause.

     Was taken up.

     Senator Rohrbach moved that SCS for HB 802 be adopted, which motion prevailed.

     On motion of Senator Rohrbach, SCS for HB 802 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Singleton--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
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
FlotronRussell--2
Absent with leave--Senators--None

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

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

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

     HB 816, with SCS, introduced by Representative Williams (159), entitled:

     An Act to repeal section 190.309, RSMo Supp. 1996, relating to certain emergency telephone boards, 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 Mathewson.

     SCS for HB 816, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 816

     An Act to repeal section 190.309, RSMo Supp. 1996, relating to certain emergency telephone boards, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     Senator Mathewson moved that SCS for HB 816 be adopted, which motion prevailed.

     On motion of Senator Mathewson, SCS for HB 816 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
FlotronSims--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     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 denied.

     HB 88, introduced by Representatives Smith and Relford, entitled:

     An Act to repeal section 536.017, RSMo 1994, relating to administrative rules regarding takings, 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 House.

     On motion of Senator House, HB 88 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--Kinder--1
Absent--Senators
CurlsSims--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     President Wilson assumed the Chair.

     HB 813, introduced by Representatives Bartelsmeyer and Miller, entitled:

     An Act to repeal sections 233.135, 233.140, and 233.185, RSMo 1994, relating to certain special road districts, and to enact in lieu thereof four new sections relating to the same subject.

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

     On motion of Senator Westfall, HB 813 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsStaples--2
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 Kinder moved that motion lay on the table, which motion prevailed.

     Senator Banks raised the point of order that the denial of the request for leave for the Committee on Public Health and Welfare to meet while the Senate is in Session is out of order in that the Rules of the Senate do not require unanimous consent be given; stating further, leave can be granted by a majority vote of the Senate.

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

     On motion of Senator Quick, the Senate recessed for 10 minutes.

RECESS

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

HOUSE BILLS ON THIRD READING

     HB 394, with SCS, introduced by Representative Loudon, entitled:

     An Act to repeal section 301.131, RSMo Supp. 1996, relating to motor vehicle license plates, 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 Klarich.

     SCS for HB 394, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 394

     An Act to repeal sections 144.025, 144.070 and 301.131, RSMo 1994, relating to motor vehicles, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     Senator Klarich moved that SCS for HB 394 be adopted, which motion prevailed.

     On motion of Senator Klarich, SCS for HB 394 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoFlotron
GoodeGravesHouseJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--Howard--1
Absent--Senators--Ehlmann--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

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

     HB 817, introduced by Representative Hagan-Harrell, entitled:

     An Act to repeal section 104.110, RSMo Supp. 1996, relating to the highways and transportation employees' and highway patrol retirement system, and to enact in lieu thereof one new section relating to the same subject.

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

     On motion of Senator Johnson, HB 817 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
EhlmannFlotron--2
Absent with leave--Senators--None

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

     HS for HCS for HB 335, with SCS, entitled:

     An Act to repeal sections 354.400, 354.405, 354.410, 354.430, 354.470, 354.490, 354.505, 354.515, 354.535, 374.500, 374.507, 374.510 and 538.205, RSMo 1994, and sections 376.381 and 376.811, RSMo Supp. 1996, relating to managed care organizations, and to enact in lieu thereof sixty-four new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Maxwell.

     SCS for HS for HCS for HB 335, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 335

     An Act to repeal sections 354.400, 354.405, 354.410, 354.430, 354.470, 354.490, 354.505, 354.515, 354.535, 374.500, 374.507, 374.510, 376.382, 376.810 and 538.205, RSMo 1994, and sections 376.381 and 376.811, RSMo Supp. 1996, relating to managed care organizations, and to enact in lieu thereof fifty-two new sections relating to the same subject, with penalty provisions and an expiration date for a certain section.

     Was taken up.

     Senator Maxwell moved that SCS for HS for HCS for HB 335 be adopted.

     Senator Maxwell offered SS for SCS for HS for HCS for HB 335, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 335

     An Act to repeal sections 354.400, 354.405, 354.410, 354.430, 354.470, 354.490, 354.505, 354.515, 354.535, 374.500, 374.507, 374.510, 376.382, 376.423, 376.810 and 538.205, RSMo 1994, and sections 376.381 and 376.811, RSMo Supp. 1996, relating to managed care organizations, and to enact in lieu thereof sixty-three new sections relating to the same subject, with penalty provisions and an expiration date for a certain section.

     Senator Maxwell moved that SS for SCS for HS for HCS for HB 335 be adopted.

     Senator Maxwell offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 54, Section 354.618.1, Line 18, by adding the following:

     "8. Nothing in this Act shall be construed to pre-empt the employer's right to select the health care provider pursuant to section 287.140 in a case where an employee incurs a work-related injury covered by the provisions of Chapter 287, RSMo.".

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

     Senator Johnson resumed the Chair.

     Senator Clay offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 53, Section 354.618, Lines 7-9, by deleting said lines; and

     Further renumber the remaining subsections accordingly.

     Senator Clay moved that the above amendment be adopted.

     Senator Maxwell raised the point of order that SA 2 is out of order in that it is not germane to the subject matter of the bill and further that it exceeds the title.

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

     SA 2 was again taken up.

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

     At the request of Senator Maxwell, HS for HCS for HB 335, with SCS and SS for SCS (pending), was placed 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 Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HB 491, as amended: Represen-tatives: Gaw, Farmer, Scheve, Cooper and Chrismer.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 883, entitled:

     An Act to repeal sections 566.617 and 566.625, RSMo 1994, and sections 566.600, 566.603, 566.605, 566.607, 566.610, 566.614 and 566.620, RSMo Supp. 1996, relating to registration of certain offenders, and to enact in lieu thereof nine new sections relating to the same subject, with penalty provisions.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HB 850, entitled:

     An Act to repeal sections 3.040, 536.021, 536.022, 536.023 and 536.031, RSMo 1994, and sections 536.024, 536.025 and 536.050, RSMo Supp. 1996, relating to administrative rules, and to enact in lieu thereof twelve new sections relating to the same subject, with an emergency clause and a conditional effective date for certain sections.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 18, entitled:

     An Act to appropriate money for planning, expenses, lease-purchases, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions, and to transfer money among certain funds.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 132, 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 House refuses to recede from its position on HS for HCS for SB 218 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 SB 132, as amended: Representatives: Days, Scheve, Fitzwater, Long and Enz.

     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 SB 218: Representatives: Crump, Hosmer, Kissell, Richardson and Legan.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SB 132, as amended: Senators Staples, McKenna, Lybyer, Graves and Westfall.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for SB 218: Senators Howard, McKenna, Lybyer, Rohrbach and Flotron.

     On motion of Senator Quick, the Senate recessed until 2:00 p.m.

RECESS

     The time of recess having expired, the Senate was called to order by Senator Johnson.

RESOLUTIONS

     Senator Staples offered Senate Resolution No. 795, regarding Phillip Gabriel, which was adopted.

     Senator DePasco offered Senate Resolution No. 796, regarding Duren "Skip" Sleyster, Kansas City, which was adopted.

     Senator Sims offered Senate Resolution No. 797, regarding Florence Terry Pullen, Creve Coeur, which was adopted.

     Senator House offered Senate Resolution No. 798, regarding Jeffrey T. McGraw, St. Peters, which was adopted.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 347, entitled:

     An Act to repeal sections 191.677, 567.010 and 567.020, RSMo 1994, relating to sexual contact, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

     With House Amendment No. 1 to House Amendment No. 2, House Amendment No. 2, as amended and House Amendment No. 3.

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 2

     Amend House Amendment No. 2 to House Committee Substitute for Senate Bill No. 347, Page 3, Section 1, Line 13, by adding immediately after said line, the following:

     "Section 2. 1. In any action challenging any rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010 promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

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

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

     4. Any rulemaking authority granted pursuant to the provisions of this bill is subject to any rulemaking authority contained in Chapter 536 including any subsequent amendments to Chapter 536.

     5. The provisions of this section shall terminate if legislation amending the provisions of section 536.024 has been signed into law prior to the effective date of this Act.".

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Bill No. 347, Page 1, In the Title, Line 3, by deleting the word "five" and inserting in lieu thereof the word "six"; and

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

     Further amend said bill, Page 1, Section A, Line 3, by deleting "567.110 and 567.120" and inserting in lieu thereof the following: "567.110, 567.120 and 1"; and

     Further amend said bill, Page 3, Section 567.120, Line 3, by inserting after all of said line the following:

     "Section 1. 1. On a first offense, any sexual offender or any predatory sexual offender as defined in section 558.018, RSMo, found guilty of a sexual offense defined in chapter 566, RSMo, may be required as a condition of parole, to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling, at the discretion of the board of probation and parole.

     2. On a second offense, any sexual offender or any predatory sexual offender as defined in section 558.018, RSMo, found guilty of a sexual offense defined in chapter 566, RSMo, when the victim of the second offense was thirteen years of age or less, shall be required as a condition of parole, to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling.

     3. On a third offense, any sexual offender or any predatory sexual offender as defined in section 558.018, RSMo, found guilty of a sexual offense defined in chapter 566, RSMo, shall be required as a condition of parole, to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling.

     4. Pursuant to this section, the offender shall begin medroxyprogesterone acetate treatment one week prior to release from confinement and shall continue treatments and counseling until the board of probation and parole determines that the treatment is no longer necessary or until the offender reaches the end of the offender's sentence.

     5. No offender shall be granted early parole due to an agreement to undergo such treatment.

     6. The board of probation and parole may decline to apply the provisions of this section to any offender who, on the date of the offense, was less than eighteen years of age, if the victim consented to the act.

     7. The department of corrections shall promulgate such rules as are necessary to implement the provisions of this section.

     8. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.".

HOUSE AMENDMENT NO. 3

     Amend House Committee Substitute for Senate Bill No. 347, Page 3, Section 567.020.3, Line 4, by inserting after the word "judge" the words ", upon a finding that chemical dependency exists,"

     Amend title and enacting clause accordingly.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 334.

     With House Committee Amendment No 1 and House Amendment No. 4.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 334, Page 2, Section 136.055, Line 33, by inserting after all of said line the following:

     "4. The fee increases authorized by this section and approved by the general assembly were requested by the fee agents. All fee agent offices shall display a three foot by four foot sign with black letters of at least three inches in height on a white background which states:

The increased fees approved by the Missouri Legislature and charged by this fee office were requested by the fee agents.".

HOUSE AMENDMENT NO. 4

     Amend Senate Bill No. 334, Page 2, Section 136.055, Lines 23 through 29, by deleting all of said lines and inserting in lieu thereof the following:

     "2. This section shall not apply to agents appointed by the state director of revenue in any city, other than a city not within a county, where the department of revenue maintains an office. All fees charged shall not exceed those in this section.".

     In which the concurrence of the Senate is respectfully requested.

HOUSE BILLS ON THIRD READING

     Senator Maxwell moved that HS for HCS for HB 335, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     Senator Mueller offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 89, Section 376.1387, Line 22, by striking the word "panel" and inserting in lieu thereof, the word "organization"; and further amend said bill, page 89 on line 23 and line 24, by striking the word "panel(s)", and inserting in lieu thereof the word "organization(s)"; and further amend said bill, page 89, line 26, by striking the word, "panel(s)", and inserting in lieu thereof, the word "organization(s)"; and further amend said bill, page 90, line 1, by striking the word "random" and inserting in lieu thereof, the word "rotational".

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

     Senator Mathewson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Mueller offered SA 4, which was read:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 89, Section 376.1387, Line 21, by striking the words ", including but not limited to," and inserting in lieu thereof the words "but if the grievance is unresolved by the director then it shall be resolved by".

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

     Senator Maxwell offered SA 5, which was read:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 89, Section 376.1387.1, Line 19, by adding after the word "determination" the following: "as to covered services".

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

     Senator Flotron offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Pages 2-3, Section 192.068, by striking all of said section and inserting in lieu thereof the following:

     "192.068. 1. All entities subject to the provisions of sections 354.400 to 354, RSMo, shall annually prepare a health plan employer date and information set (HEDIS) report. A copy of this report shall be furnished to the department of health within sixty days of the entity's completing such report.

     2. The department may perform studies and produce information publications based upon reports obtained pursuant to this section. Such publication shall include a consumer guide which may be published in conjunction with any similar publication produced by the department of insurance. Prior to its being published by the department and/or the department of insurance, an entity shall be allowed to review and comment on any publication based on the HEDIS report it made to the department. With the permission of the entity, any publication may include comments from such entity. Consumer guides shall be made available to the public. The department may charge a reasonable fee for other publications made pursuant to this section. Such fees shall be credited to the public health services fund established in section 192.900.

     3. This section shall sunset on December 31, 2000."; and

     Further amend the title and enacting clause accordingly; and

     Further amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 98, Section 538.205, Line 10 of said page, by inserting immediately after all of said line the following:

     "538.207. An action based on the provisions of this chapter may be brought against a health maintenance organization subject to the provisions of sections 354.400 to 354.636 only if the health maintenance organization:

     (1) Is the employer of the health care provider who actually provided the treatment that is the basis for the cause of action by the plaintiff who is covered by the health maintenance organization;

     (2) Makes an adverse determination that, pursuant to sections 376.1350 to 376.1390, RSMo, is found to be incorrect and such adverse determination caused harm to the plaintiff; or

     (3) Provides financial incentives to discourage a primary care physician or gatekeeper from providing essential health care referrals for conditions covered by the health maintenance organization; and

     a. Such incentives were not disclosed by the health maintenance organization;

     b. Had they been disclosed, the enrollee who made the decisions to be covered by the health maintenance would have selected a health plan that did not have such incentives; and

     c. The failure to obtain the essential health care referral caused harm to the plaintiff."; and

     Further amend the title and enacting clause accordingly; and

     Further amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 55, Section 354.624, Lines 16-21 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "354.624. 1. A health carrier shall file with the director all contract forms proposed for use with its participating providers and intermediaries. The forms shall not contain any information on compensation terms, rates or other payments by the carrier to participating providers or intermediaries and shall contain information on any term involving risk-sharing arrangements between the parties."; and

     Further amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 96, Section 536.028, Line 19 of said page, by inserting immediately after all of said line the following:

     "537.035. 1. As used in this section, unless the context clearly indicates otherwise, the following words and terms shall have the meanings indicated:

     (1) "Health care professional", a physician or surgeon licensed under the provisions of chapter 334, RSMo, or a dentist licensed under the provisions of chapter 332, RSMo, or a podiatrist licensed under the provisions of chapter 330, RSMo, or an optometrist licensed under the provisions of chapter 336, RSMo, or a pharmacist licensed under the provisions of chapter 338, RSMo, or a chiropractor licensed under the provisions of chapter 331, RSMo, or a psychologist licensed under the provisions of chapter 337, RSMo, or a nurse licensed under the provisions of chapter 335, RSMo, or a social worker licensed under the provisions of chapter 337, RSMo, or a professional counselor licensed under the provisions of chapter 337, RSMo, or a mental health professional as defined in section 632.005, RSMo, while acting within their scope of practice;

     (2) "Peer review committee", a committee of health care professionals with the responsibility to evaluate, maintain, or monitor the quality and utilization of health care services or to exercise any combination of such responsibilities.

     2. A peer review committee may be constituted as follows:

     (1) Comprised of, and appointed by, a state, county or local society of health care professionals;

     (2) Comprised of, and appointed by, the partners, shareholders, or employed health care professionals of a partnership or professional corporation of health care professionals;

     (3) Appointed by the board of trustees, chief executive officer, or the organized medical staff of a licensed hospital, or other health facility operating under constitutional or statutory authority, or an administrative entity of the department of mental health recognized pursuant to the provisions of subdivision (3) of subsection 1 of section 630.407, RSMo;

     (4) Any other organization formed pursuant to state or federal law authorized to exercise the responsibilities of a peer review committee and acting within the scope of such authorization;

     (5) Appointed by the board of directors, chief executive officer or the medical director of the licensed health maintenance organization.

     3. Each member of a peer review committee and each person, hospital governing board, health maintenance organization board of directors, and chief executive officer of a licensed hospital or other hospital operating under constitutional or statutory authority, chief executive officer or medical director of a licensed health maintenance organization who testifies before, or provides information to, acts upon the recommendation of, or otherwise participates in the operation of, such a committee shall be immune from civil liability for such acts so long as the acts are performed in good faith, without malice and are reasonably related to the scope of inquiry of the peer review committee.

     4. Except as otherwise provided in this section, the proceedings, findings, deliberations, reports, and minutes of peer review committees concerning the health care provided any patient are privileged and shall not be subject to discovery, subpoena, or other means of legal compulsion for their release to any person or entity or be admissible into evidence in any judicial or administrative action for failure to provide appropriate care. Except as otherwise provided in this section, no person who was in attendance at any peer review committee proceeding shall be permitted or required to disclose any information acquired in connection with or in the course of such proceeding, or to disclose any opinion, recommendation, or evaluation of the committee or board, or any member thereof; provided, however, that information otherwise discoverable or admissible from original sources is not to be construed as immune from discovery or use in any proceeding merely because it was presented during proceedings before a peer review committee nor is a member, employee, or agent of such committee, or other person appearing before it, to be prevented from testifying as to matters within his personal knowledge and in accordance with the other provisions of this section, but such witness cannot be questioned about testimony or other proceedings before any health care review committee or board or about opinions formed as a result of such committee hearings.

     5. The provisions of subsection 4 of this section limiting discovery and admissibility of testimony as well as the proceedings, findings, records, and minutes of peer review committees do not apply in any judicial or administrative action brought by a peer review committee or the legal entity which formed or within which such committee operates to deny, restrict, or revoke the hospital staff privileges or license to practice of a physician or other health care providers; or when a member, employee, or agent of the peer review committee or the legal entity which formed such committee or within which such committee operates is sued for actions taken by such committee which operate to deny, restrict or revoke the hospital staff privileges or license to practice of a physician or other health care provider.

     6. Nothing in this section shall limit authority otherwise provided by law of a health care licensing board of the state of Missouri to obtain information by subpoena or other authorized process from peer review committees or to require disclosure of otherwise confidential information relating to matters and investigations within the jurisdiction of such health care licensing boards."; and

     Further amend the title and enacting clause accordingly; and

     Further amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 105, Section 11, Line 9 of said page, by inserting immediately after all of said line the following:

     "Section 12. 1. The director of the department of insurance shall personally report to the appropriate committees of the general assembly by March 1 of each year on the status of all actions initiated, maintained by the director, or which have been concluded, during the preceding year to enforce the provisions of this act. The director shall answer all questions regarding such actions, or regarding other matters that are related to the provisions of this act.

     2. Any person against whom the director has taken an action to enforce the provisions of this act shall be allowed to make a statement before any committee hearing the report of the director.

     3. Any statement made at such a hearing shall not be used as evidence in any administrative hearing on the action, or in any case reviewing the action."; and

     Further amend said bill, Page 105, Section 12, Line 18 of said page, by striking the following: "and 13" and inserting in lieu thereof the following: ", 13 and 14"; and

     Further amend the title and enacting clause accordingly; and

     Further amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 105, Section 11, Line 9 of said page, by inserting immediately after all of said line the following:

     "Section 12. Any rule made by the director of the department of insurance to implement the provisions of this act that is to take effect before January 1, 1999, shall be proposed by the director in sufficient time for the notice of proposed rulemaking to be published in the December 15, 1997, edition of the Missouri Register. No rule implementing the provisions of this act may be promulgated on as an emergency rule."; and

     Further amend said bill, Page 105, Section 12, Line 18 of said page, by striking the following: "and 13" and inserting in lieu thereof the following: ", 13 and 14"; and

     Further amend the title and enacting clause accordingly; and

     Further amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 105, Section 13, Line 27 of said page, by inserting immediately after all of said line the following:

     "Section 14. Before the provisions of sections 192.068, 354.400, 354.405, 354.410, 354.430, 354.441, 354.442, 354.443, 354.444, 354.470, 354.490, 354.505, 354.515, 354.535, 354.600, 354.603, 354.606, 354.609, 354.612, 354.615, 354.618, 354.621, 354.624, 354.627, 354.636, 374.500, 374.507, 374.510, 376.423, 376.810, 376.811, 376.1350, 376.1353, 376.1356, 376.1359, 376.1375, 376.1378, 376.1382, 376.1385, 376.1387, 376.1389, 376.1390, 538.205 and the enactment of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this act shall become effective, the governor shall appoint or reappoint the director of the department of insurance with the advice and consent of the senate.

     Section B. The repeal and reenactment of sections 192.068, 354.400, 354.405, 354.410, 354.430, 354.441, 354.442, 354.443, 354.444, 354.470, 354.490, 354.505, 354.515, 354.535, 354.600, 354.603, 354.606, 354.609, 354.612, 354.615, 354.618, 354.621, 354.624, 354.627, 354.636, 374.500, 374.507, 374.510, 376.423, 376.810, 376.811, 376.1350, 376.1353, 376.1356, 376.1359, 376.1375, 376.1378, 376.1382, 376.1385, 376.1387, 376.1389, 376.1390, 538.205 and the enactment of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this act shall become effective upon confirmation or reconfirmation of the director of the department of insurance."; and

     Further amend the title and enacting clause accordingly.

     Senator Flotron moved that the above amendment be adopted.

     Senator Flotron requested that SA 6 be voted on in seven parts, asking that a vote first be taken on Section 192.068; a second vote be taken on Section 538.207; a third vote be taken on Section 354.624; a fourth vote be taken on Section 537.035; a fifth vote be taken on Section 12.1, 12.2 and 12.3, a sixth vote be taken on Section 12, and a seventh vote be taken on Section 14 and Section B, which request was granted.

     Part 1 of SA 6 was taken up.

     Senator Flotron moved that Part 1 of SA 6 be adopted, which motion failed on a standing division vote.

     Part 2 of SA 6 was taken up.

     Senator Flotron moved that Part 2 of SA 6 be adopted, which motion failed on a standing division vote.

     Part 3 of SA 6 was taken up.

     Senator Flotron moved that Part 3 of SA 6 be adopted.

     Senator Klarich offered SSA 1 for Part 3 of SA 6, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR PART 3 OF

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 55, Section 354.624, Line 18, by deleting the word "The" on said line and deleting lines 19-21.

     Senator Klarich moved that the above substitute amendment be adopted.

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

     Senator Mathewson resumed the Chair.

     Senator Schneider requested leave of the Senate to allow the Committee on Judiciary to meet while the Senate is in session, which request was granted.

     At the request of Senator Klarich SSA 1 for Part 3 of SA 6 was withdrawn.

     At the request of Senator Flotron, Part 3 of SA 6 was withdrawn.

     Part 4 of SA 6 was taken up.

     Senator Flotron moved that Part 4 of SA 6 be adopted, which motion prevailed.

     Part 5 of SA 6 was taken up.

     Senator Flotron moved that Part 5 of SA 6 be adopted.

     Senator Maxwell offered SA 1 to Part 5 of SA 6, which was read:

SENATE AMENDMENT NO. 1 TO

PART 5 OF

SENATE AMENDMENT NO. 6

     Amend Part 5 of Senate Amendment No. 6 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 1, Section 12, Lines 11-15, by deleting all of said lines and further amend said amendment, Page 1, Section 12, Line 16, by deleting the words "reviewing the action".

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

     Part 5, as amended, to SA 6 was again taken up.

     Senator Flotron moved that Part 5, as amended, to SA 6 be adopted, which motion prevailed.

     Part 6 was taken up.

     At the request of Senator Flotron, Part 6 was withdrawn.

     Part 7 of SA 6 was taken up.

     At the request of Senator Flotron, Part 7 of SA 6 was withdrawn.

     Senator Flotron offered SA 7, which was read:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 55, Section 354.624, Lines 16-21 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "1. A health carrier shall file with the director all contract forms proposed for use with its participating providers and intermediaries. The forms shall not contain any information on compensation terms, rates or other payments by the carrier to participating providers or intermediaries and shall contain information on any term involving risk-sharing arrangements between the parties.".

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

     At the request of Senator Maxwell, HS for HCS for HB 335, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Bentley moved that the vote by which the Senate refused to concur in HCA 1 to SB 373 and requested the House to recede from its position, or failing to do so, grant the Senate a conference thereon was adopted be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsSingleton--2
Absent with leave--Senators--Ehlmann--1

     At the request of Senator Bentley, the motion requesting that the House recede or grant conference was withdrawn, placing the bill on the Calendar.

REPORTS OF STANDING COMMITTEES

     Senator Schneider, Chairman of the Committee on Judiciary, submitted the following report:

     Mr. President: Your Committee on Judiciary, to which were referred HS for HCS for HBs 69 and 179 and HCS for HB 669, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Ways and Means, to which was referred HS for HB 513, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Clay, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

     Mr. President: Your Committee on Labor and Industrial Relations, to which was referred HS for HCS for HB 472, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Substitute for House Committee Substitute for House Bill No. 472, Page 12, Section 288.050, Lines 61-63, by striking the following: "and shall, in cases of misconduct that involve a conviction for a criminal act of deceit or dishonesty in connection with his or her work,".

     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 129, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 129, Page 2, Section 376.1209, Line 15, by inserting after all of said line the following:

     "3. The provisions of this section shall not apply to a supplemental insurance policy, including a life care contract, accident only policy, specified disease policy, hospital policy providing a fixed daily benefit only, Medicare supplement policy or long-term care policy.".

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 339, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following reports:

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HCS for HBs 87 and 264, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HCS for HB 620, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Transportation, to which was referred HB 58, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HCS for HB 557, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Commerce and Environment, to which was referred HCS for HB 288, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1, 2, 3 and 4.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bill No. 288, Page 2, Section 640.100, Line 15, by inserting after the word "operators" the following: ", backflow prevention assembly testers"; and

     Further amend said bill, page 2, section 640.100, line 16, by striking ", and" and inserting in lieu thereof the following: ". Any person seeking to be a certified backflow prevention assembly tester shall satisfactorily complete standard, nationally-recognized written and performance examinations designed to ensure that the person is competent to determine if the assembly is functioning within its design specifications. The commission shall promulgate rules and regulations"; and

     Further amend said bill, page 2, section 640.100, line 20, by placing an opening bracket "[" before the word "The" as it appears the first time on said line; and

     Further amend said bill, Page 2, Section 640.100, Line 28, by placing a closing bracket "]" after the numeral and period "640.110.".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend House Committee Substitute for House Bill No. 288, Page 11, Section 644.122, Line 38, by inserting immediately after all of said line the following:

     "Section 1. Other provisions of law notwithstanding, the Missouri clean water commission shall have the authority to promulgate rules and regulations, pursuant to chapter 536, RSMo, to establish standards and guidelines to ensure that the state of Missouri is in compliance with the provisions of the federal Clean Water Act, as amended. The standards and guidelines so established shall not be any stricter than those required under the provisions of the federal Clean Water Act, as amended; nor shall those standards and guidelines be enforced in any area of the state prior to the time required by the federal Clean Water Act, as amended."; and

     Further amend the title and enacting clause accordingly.

SENATE COMMITTEE AMENDMENT NO. 3

     Amend House Committee Substitute for House Bill No. 288, Page 4, Section 640.107, Lines 1 to 3, by striking all of said lines and inserting in lieu thereof the following:

     "640.107. 1. There is hereby established, as a subfund of the water and wastewater fund established in section 644.122, RSMo, the "Drinking Water Revolving Fund", which shall be maintained and accounted for separately, and which shall consist of moneys from all lawful public and private sources including legislative appropriations, federal capitalization grants, interest on investments and principal and interest payments with respect to loans made from the drinking water revolving fund. Money in the drinking water revolving fund may be used only for purposes as are authorized in the Federal Safe Drinking Water Act, as amended from time to time.

     2. The commission shall, consistent with the requirements of the federal Safe Drinking Water Act for the drinking water revolving fund to become eligible for capitalization grants from the U.S. Environmental Protection Agency, establish criteria and procedures for the selection of projects and the making of loans or the grant of loan subsidies for disadvantaged communities.

     3. After providing for review and public comment, and in accordance with the requirements for such plans set forth in the federal Safe Drinking Water Act, the commission shall annually prepare an intended use plan for the funds available in the drinking water revolving fund.

     4. Consistent with the requirements of the federal Safe Drinking Water Act, and only to the extent funds are able to be obligated for eligible projects of public water systems, in developing its annual intended use plan, the commission shall, based upon need, make no less than, but may make greater than thirty-five percent of the moneys credited to the drinking water revolving fund available solely for project loans and loan subsidies for projects of systems serving fewer than ten thousand people in accordance with the following:

     Systems Serving          Percentage

     0 - 500 people          20%

     501 - 10,000 people     15%

provided that, in any fiscal year, loan subsidies may not exceed the maximum percentage as specified in the federal Safe Drinking Water Act.".

SENATE COMMITTEE AMENDMENT NO. 4

     Amend House Committee Substitute for House Bill No. 288, Page 5, Section 640.115, Line 19, by striking the following: ", technical and financial capacity"; and inserting in lieu thereof the following: "and technical capacity and may be required to have and maintain financial capacity"; and

     Further amend said bill, page and section line 26, by striking the following: ", technical and financial" and inserting in lieu thereof the following: "and technical"; and

     Further amend said bill, page and section, line 27, by inserting after the word "capacity" the following: "and may be required to have and maintain financial capacity".

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

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HCS for HB 276, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HS for HCS for HB 738, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Appropriations, to which was referred HB 301, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 304, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HCS for HB 696, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred HS for HB 811, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Substitute for House Bill No. 811, Page 3, Section 4, Lines 2-8, by striking all of said lines and inserting in lieu thereof the following: "supervision and approval of a board of directors, which shall be composed of the following:

     (1) Three members shall be appointed by the speaker of the house of representatives, made up of no more than two members of one political party;

     (2) Three members shall be appointed by the president pro tem of the senate, made up of no more than two members of one political party;

     (3) The director of the department of health;

     (4) The director of the department of insurance;

     (5) The director of the department of social services;

     (6) The commissioner of education; and

     (7) The director of the department of mental health."; and

     Further amend said bill, Page 4, Section 6, Line 3, by striking the word "student" and inserting in lieu thereof the word "child"; and

     Further amend said bill, Page 5, Section 6, Line 12, by striking the word "subsection" and inserting in lieu thereof the word "section".

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

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HCS for HB 697, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bill No. 697, Page 2, Section 43.265, Line 16, by striking the words "for no other purpose" and inserting in lieu thereof the words "operational costs".

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

     Mr. President: Your Committee on Education, to which was referred HJR 2, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

     Also,

     Mr. President: Your Committee on Education, to which was referred HCS for HBs 641 and 593, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HJR 18, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HS for HCS for HB 474, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HCS for HB 411, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 578, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following report:

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HCS for HB 141, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Transportation, to which was referred HB 381, begs leave to report that it has considered the same and recommends that the bill do pass.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HJR 16 and has again taken up and passed SCS for HJR 16.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 700 and has again taken up and passed SCS for HB 700.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1, SCA 2 to HB 628 and has again taken up and passed HB 628, as amended.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 257, as amended, and has again taken up and passed SCS for HB 257, as amended.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HB 343 and has again taken up and passed SS for SCS for HB 343.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and defeated the Conference Committee Report on SCS for HCS for HB 6 and requests that the Senate grant further conference on SCS for HCS for HB 6 and that the conferees be allowed to exceed the differences to remove the increase and remove all of the core money in Section 6.322.

     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 SB 241, 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 House has taken up and concurred in SCA 1 and SCA 2 but refused to concur in SA 1 to HCS for HBs 600 and 388 and requests the Senate to recede from its position thereon, and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and concurred in SCA 1 and SCA 2 to HCS for HBs 424 and 534 but refused to concur in SA 1 and emergency clause to HCS for HBs 424 and 534 and requests the Senate to recede from its position thereon, and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCS for SCS for SCR 7.

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION NO. 7

     WHEREAS, telecommunications services and energy services and sources are vital to the economic vitality and well-being of the state of Missouri; and

     WHEREAS, there is a nationwide trend toward deregulation of telecommunications services and energy services and sources which will likely create competitive markets and make available new services and customer choices; and

     WHEREAS, the state and political subdivisions have imposed taxes, fees and other assessments on various telecommunications and energy services, and such taxes vary widely based upon locality and, within a locality, such taxes may vary widely between increasingly related and competitive services, such as telephone and cable television; and

     WHEREAS, there is currently a nationwide trend toward competition in the production, distribution and sale of energy, including electricity and other energy sources, and this trend has both potential benefits and potential adverse effects on energy producers, distributors, retailers, customers and the citizens of this state; and

     WHEREAS, ensuring adequate and affordable telecommunications services and energy services and sources will necessitate a fair and equitable structure of taxes across different telecommunications and energy services and across different regions of the state; and

     WHEREAS, the issue of whether governmental entities should expend public resources to compete with private telecommunications and energy entities should be explored;

     NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, that a joint legislative study committee of the General Assembly be created to be composed of seven members of the Senate, to be appointed by the President Pro Tem of the Senate, and seven members of the House of Representatives, to be appointed by the Speaker of the House, and that said committee be authorized to function during the interim between the first and second regular sessions of the Eighty-ninth General Assembly; and

     BE IT FURTHER RESOLVED that said committee conduct an in-depth study and make appropriate recommendations concerning financial, legal, social, taxation, environmental, technological and economic issues of telecommunications and energy services taxation, competition between governmental entities and private telecommunication entities, the need to maintain and sufficiently fund emergency telephone services ("911") in light of the increased use of cellular phones and any other issues the committee deems relevant; and

     BE IT FURTHER RESOLVED that said committee conduct an in-depth study and make appropriate recommendations concerning financial, legal, social, taxation, environmental, technological and economic issues of deregulation and increasing competition in energy production, distribution and sale including consideration of the effects on residential customers, small business customers, large business customers, utility shareholders and other stakeholders and any other issues the committee deems relevant; and

     BE IT FURTHER RESOLVED that the committee prepare a report, together with its recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of the Second Regular Session of the Eighty-ninth General Assembly; and

     BE IT FURTHER RESOLVED that the committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission, the Department of Economic Development, the Division of Energy within the Department of Natural Resources, the Office of Public Counsel, political subdivisions of this state, telecommunications and energy service providers, energy utilities and representatives of all telecommunications and energy customer groups; and

     BE IT FURTHER RESOLVED that the Committee on Legislative Research, Senate Research and House Research shall provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

     BE IT FURTHER RESOLVED that the actual and necessary expenses of the committee, its members and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof shall be paid from the Joint Contingent Fund.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 17.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 23.

     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 SB 241, as amended: Representatives: Hosmer, Schilling, Ford, Dolan and Wooten.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for SCS for SB 16, as amended: Senators Mathewson, Caskey, Johnson, Ehlmann and Sims.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SB 241, as amended: Senators Quick, Mathewson, McKenna, Bentley and Rohrbach.

PRIVILEGED MOTIONS

     Senator Lybyer moved that the Senate refuse to grant the House further conference on SCS for HCS for HB 6 and request the House to recede from its position, adopt the conference committee report and take up and pass CCS for HB 6, which motion prevailed.

     Senator Howard moved that the Senate refuse to recede from its position on SA 1 to HCS for HBs 600 and 388, as amended, and grant the House a conference thereon, which motion prevailed.

     Senator Banks moved that the Senate refuse to concur in HCS for SB 347, 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.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 799, regarding Joe Murphy, which was adopted.

     Senator Caskey offered Senate Resoltuion No. 800, regarding Kevin Gardner, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Klarich introduced to the Senate, fifty fourth grade students from Chesterfield Elementary School, Chesterfield; and Tim Disch, Emma Gonzalez, Ed Vongruben and Amanda Ives were made honorary pages.

     Senator Bentley introduced to the Senate, students from Sherwood Elementary School, Springfield; and Sara Holt, Paige Smith and Samantha Fawcett were made honorary pages.

     Senator Howard introduced to the Senate, Dennis and Karla Whitlow, Carol Gross, and forty-four eighth grade students from Twin Rivers School District, Broseley; and Dustin Benson and Ashley Lindsey were made honorary pages.

     Senator Rohrbach introduced to the Senate, Allan Stack, and seventh grade students from Clarksburg.

     Senator Russell introduced to the Senate, Carol Anderson, Jodi Sell, Jackie Peppi and forty-three fifth grade students from Mansfield.

     Senator DePasco introduced to the Senate, the Physician of the Day, Randolph McKenzie, M.D., Kansas City.

     Senator Bentley introduced to the Senate, Mark Alexander, and his son, Cheston, Springfield; and Cheston was made an honorary page.

     Senator House introduced to the Senate, Leo Simon Luetkenhaus and Jackie Hosack, St. Charles County.

     Senator Ehlmann introduced to the Senate, Lisa Wildschuetz, and ninety fifth grade students from John Weldon Elementary School, St. Charles; and Paige Bannecker, Jessica Brock, Shannon Barth and Stacey Varnon were made honorary pages.

     Senator Sims introduced to the Senate, William Modelski, and twenty-one eighth grade students from Hope Lutheran School, St. Louis.

     Senator Kenney introduced to the Senate, Florencio and Pepi Provencio and Donald and Jean Gigler, Lebanon, Pennsylvania; and Carlos Provencio, Jefferson City.

     Senator Bentley introduced to the Senate, former State Representative Dan Woodall, Springfield.

     Senator Howard introduced to the Senate, his son, John Trevor Howard, St. Louis.

     On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Wednesday, May 7, 1997.