Journal of the Senate

FIRST REGULAR SESSION


SIXTY-FIFTH DAY--WEDNESDAY, MAY 7, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we may disagree, even get angry at one another; but we never lose our respect, our friendship or our love for one another in this body. Bring us together to solve the issues we face. Keep us together in our friendship. 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.

     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.

PRIVILEGED MOTIONS

     Senator Staples moved that SB 19, with HS for HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HS for HCS for SB 19, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 19

     An Act to repeal section 32.055, RSMo 1994, relating to motor vehicle records, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

     Was taken up.

     Senator Staples moved that HS for HCS for SB 19 be adopted.

     At the request of Senator Staples, the motion to adopt HS for HCS for SB 19 was withdrawn.

HOUSE BILLS ON THIRD READING

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

     SS for SCS for HS for HCS for HB 335, as amended, was again taken up.

     Senator Maxwell offered SA 8:

SENATE AMENDMENT NO. 8

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 85, Section 376.1367, Line 6, by deleting the word "thirty" and inserting in lieu thereof the word "sixty".

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

     Senator Staples assumed the Chair.

     Senator Maxwell offered SA 9:

SENATE AMENDMENT NO. 9

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 26, Section 354.443, Line 18, by adding after the period "." the following: "Capitation arrangements between health maintenance organizations and health care providers shall not be considered an inducement to limit, restrict or deny access to medical services.".

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

     Senator Johnson announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

     President Wilson assumed the Chair.

     Senator Johnson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Graves offered SA 10:

SENATE AMENDMENT NO. 10

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 40, Section 354.606, Line 20, by inserting after the word "remedy" the following: "; including, but not limited to, collecting from any insurance carrier providing coverage to a covered person".

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

     Senator Lybyer offered SA 11:

SENATE AMENDMENT NO. 11

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 33, Section 354.535, Line 14 of said page, by inserting immediately after said line the following:

     "5. Health maintenance organizations shall not insist or mandate any provider to change an enrollee's maintenance drug unless the provider and enrollee agree to such change. For the purposes of this provision, a maintenance drug shall mean a drug prescribed by a practitioner who is licensed to prescribe drugs, used to treat a medical condition for a period greater than thirty days. Violations of this provision shall be subject to the penalties provided in section 354.444, RSMo. Notwithstanding other provisions of law to the contrary, health maintenance organizations that change an enrollee's maintenance drug without the consent of the provider and enrollee shall be liable for any damages resulting from such change.".

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

     Senator Wiggins assumed the Chair.

     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.

HOUSE BILLS ON SECOND READING

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

     HCS for HB 18--Appropriations.

     HB 883--Civil and Criminal Jurisprudence.

     HS for HB 850--Judiciary.

REFERRALS

     President Pro Tem McKenna referred HB 578; HS for HCS for HB 474; HCS for HBs 641 and 593; HCS for HB 697, with SCA 1; HCS for HB 288, with SCAs 1, 2, 3 and 4; HCS for HB 557, with SCS; HB 58; HS for HCS for HB 472, with SCA 1; HS for HB 513, with SCS; and HCS for HB 411 to the Committee on State Budget Control.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for HBs 600 and 388, with SA 1: Senators Howard, Banks, Clay, Klarich and Sims.

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 reappointed the following conferees to act with a like committee from the Senate on HCS for SB 132, as amended: Representatives: Days, Thomason (163), Scheve, Long, Enz.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 823 and has again taken up and passed HB 823, as amended.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 340 and has again taken up and passed HB 340, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 523 and has again taken up and passed HB 523, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 820 and has again taken up and passed SCS for HB 820.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 756 and has again taken up and passed HB 756, as amended.

     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 347, as amended, and grants the Senate a conference thereon.

     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 Scott.

CONFERENCE COMMITTEE REPORTS

     Senator Klarich, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SCS for SB 56, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 56

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Committee Substitute for Senate Bill 56, with House Amendment No. 2, begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for Senate Committee Substitute for Senate Bill No. 56, as amended;

     2. That the Senate recede from its position on Senate Committee Substitute for Senate Bill No. 56;

     3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 56 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ David Klarich      /s/ Brian May

/s/ John D. Schneider      /s/ Craig Hosmer

/s/ Harold L. Caskey      /s/ Jim Seigfreid

/s/ Jerry Howard      /s/ Bill Alter

/s/ Larry Rohrbach      /s/ Phil Wannenmacher

     Senator Klarich moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
CaskeyChildersClayDePasco
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellScottSims
WestfallWigginsYeckel--27
Nays--Senators--None
Absent--Senators
BanksBentleyCurlsEhlmann
SchneiderSingletonStaples--7
Absent with leave--Senators--None

     On motion of Senator Klarich, CCS for HCS for SCS for SB 56, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 56

     An Act to repeal sections 547.200, 552.020, 556.036, 566.617, and 568.060, RSMo 1994, relating to court procedure, and to enact in lieu thereof twenty-one new sections relating to the same subject, with penalty provisions.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellScottSims
WestfallWigginsYeckel--27
Nays--Senators--None
Absent--Senators
BentleyCurlsEhlmannFlotron
SchneiderSingletonStaples--7
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.

CONCURRENT RESOLUTIONS

     Senator Wiggins offered the following Concurrent Resolution:

SENATE CONCURRENT RESOLUTION NO. 26

     BE IT RESOLVED that the Senate of the Eighty-ninth General Assembly, the House of Representatives concurring therein, that the Secretary of State of Missouri shall prepare and cause to be collated, indexed, printed and bound, all acts and resolutions of the Eighty-ninth General Assembly, First Regular Session and extra sessions, if any, and shall examine the printed copies and compare them with and correct the same by the original rolls and note all errors, if any, which have been committed and cause errata thereof to be annexed, together with an attestation under the hand of the Secretary of State that she has compared the same and the original rolls in her office and has corrected the same thereby; and

     BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Secretary of State; and

     BE IT FURTHER RESOLVED that the Secretary of State is authorized to print and bind up to two thousand five hundred (2500) copies of the acts and resolutions of the eighty-ninth General Assembly with appropriate indexing.

HOUSE BILLS ON THIRD READING

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

     SS for SCS for HS for HCS for HB 335, as amended, was again taken up.

     Senator Maxwell offered SA 12:

SENATE AMENDMENT NO. 12

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 54, Section 354.618, Line 18, by inserting immediately after all of said line the following:

     "9. Nothing contained in this act shall apply to certified managed care organizations while providing medical treatment to injured employees entitled to receive health benefits under chapter 287, RSMo, pursuant to contractual arrangements with employers, or their insurers, under 287.135, RSMo.".

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

     Senator Mathewson assumed the Chair.

     Senator Klarich offered SA 13, which was read:

SENATE AMENDMENT NO. 13

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 53, Section 354.618.4, Line 25, by inserting before the word "A", the following: "except for good cause,"; and further amend said section, line 27, by striking the comma "," on said line.

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

     Senator Klarich offered SA 14, which was read:

SENATE AMENDMENT NO. 14

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 24, Section 354.442, Line 21, by adding after all of said line the following: "provided however, there shall not be any requirement to disclose the above information as to owners if more than 100 persons are owners or shareholders.".

     Senator Klarich moved that the above amendment be adopted.

     At the request of Senator Klarich, SA 14 was withdrawn.

     Senator Klarich offered SA 15:

SENATE AMENDMENT NO. 15

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, by deleting subsection 13 on page 81, lines 19 to 25, and inserting in lieu thereof the following:

     "13. If a participating provider or an authorized representative of a health carrier authorizes the provision of health care services, the health carrier shall not subsequently retract its authorization after the health care services have been provided, or reduce payment for an item or service furnished in reliance on approval, unless

     (1) such authorization is based on a material misrepresentation or omission about the treated person's health condition or the cause of the health condition; or

     (2) the health benefit plan terminates before the health care services are provided; or

     (3) the covered person's coverage under the health benefit plan terminates before the health care services are provided; or

     (4) the covered person's condition is specifically excluded from coverage under the terms of the health benefit plan.".

     Senator Klarich moved that the above amendment be adopted.

     Senator Klarich offered SA 1 to SA 15:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 15

     Amend Senate Amendment No. 15 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 1, by deleting on line 1, the words "participating provider or" and add on line 11, at the end thereof the following: "and no service has been yet provided.".

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

     Senator Klarich moved that SA 15, as amended, be adopted, which motion failed on a standing division vote.

     Senator Childers offered SA 16:

SENATE AMENDMENT NO. 16

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 25, Section 354.442, Line 10, by inserting after the word "organization" on said line the words "and any financial interest in a pharmacy provider utilized by such organization"; and

     Further amend said bill, Section 354.443, Page 26, Line 12, by inserting after the word "arrangements" on said line the following ", financial interest in," and further amend said section and page, line 13, by inserting after the word "would" on said line the words "encourage or".

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

     Senator Singleton offered SA 17:

SENATE AMENDMENT NO. 17

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 24, Section 354.442, Line 15, by deleting the "and" after the ";"; and further amend said bill, section and page, line 20, by deleting the "." and inserting in lieu thereof "; and

     (15) The director of the department of insurance shall develop a standard credentialing form which shall be used by all health carriers when credentialing health care professionals in a managed care plan. If the health carrier demonstrates a need for additional information, the director of the department of insurance may approve a supplement to the standard credentialing form. All forms and supplements shall meet all requirements as defined by the National Committee of Quality Assurance.".

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

     Senator Johnson resumed the Chair.

     Senator Kenney offered SA 18:

SENATE AMENDMENT NO. 18

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 86, Section 376.1375, Line 11, by deleting the word "fifteen" and inserting in lieu thereof the word "twenty"; further amend said bill, same section and page, line 15, by deleting the word "fifteen" and insert in lieu thereof the word "twenty".

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

     Senator Lybyer requested unanimous consent of the Senate to allow the Committee on Appropriations to meet while the Senate is in session, which request was granted.

     Senator Jacob offered SA 19:

SENATE AMENDMENT NO. 19

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 87, Section 376.1378, Line 22, by inserting immediately after said line:

     "5. In the event there is a conflict between the outcomes of the grievance procedure and any such suit, the outcome of the suit in a court of competent jurisdiction shall prevail."; and

     Further amend said bill, section 376.1387, page 90, line 1, by deleting after the word "basis." the rest of said line and all of lines 2-17 and inserting the following:

"The organization's decision as to the resolution of the grievance shall be based upon a review of the written record before it. The grievance and resolution of such grievance shall not be considered a contested case within the meaning of section 536.010, RSMo, but the resolution of such grievance by the panel shall be considered a final agency decision within the director's discretion, binding upon the enrollee and health carrier, and subject to judicial review if:

     (1) Action for such review is filed within thirty days of the final agency decision; and

     (2) Judicial review is limited to the record before the director; and

     (3) The enrollee and health carrier are deemed real parties in interest; and

     (4) The scope of judicial review extends only to a determination of whether the action of the director is unconstitutional, unlawful, unreasonable, arbitrary, or capricious or involves an abuse of discretion or is in excess of the statutory authority or jurisdiction of the director.".

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

     President Pro Tem McKenna resumed the Chair.

     Senator Sims offered SA 20, which was read:

SENATE AMENDMENT NO. 20

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 69, Section 376.811, Line 14, by inserting after the word "illness" the following: ", not to exceed ninety days per year".

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

     Senator Klarich offered SA 21:

SENATE AMENDMENT NO. 21

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, by deleting subsection 13 on page 81, lines 19 to 25, and inserting in lieu thereof the following:

     "13. If an authorized representative of a health carrier authorizes the provision of health care services, the health carrier shall not subsequently retract its authorization after the health care services have been provided, or reduce payment for an item or service furnished in reliance on approval, unless

     (1) such authorization is based on a material misrepresentation or omission about the treated person's health condition or the cause of the health condition; or

     (2) the health benefit plan terminates before the health care services are provided; or

     (3) the covered person's coverage under the health benefit plan terminates before the health care services are provided.".

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

     Senator Maxwell offered SA 22:

SENATE AMENDMENT NO. 22

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 33, Section 354.535, Line 14, by inserting immediately after said line the following:

     "6. Notwithstanding any provision to the contrary under section 354.535, subsection 5 of this act, maintenance drugs as described in this section shall not include drugs which are classified as narrow therapeutic index drugs for which the United States food and drug administration has approved a generic substitute.".

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

     Senator Maxwell offered SA 23:

SENATE AMENDMENT NO. 23

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Pages 51-52, Section 354.618, Lines 1 and 2, Page 52, Lines 1-28 and Page 53, Lines 1-6, by deleting said lines and inserting in lieu thereof the following:

     "354.618. 1. A health carrier shall be required to offer as an additional health plan, an open referral health plan whenever it markets a gatekeeper group plan as an exclusive or full replacement health plan offering to a group contract holder.

     (1) In the case of group health plans offered to employers of fifty or fewer employees, the decision to accept or reject the additional open referral plan offering shall be made by the group contract holder. For health plans marketed to employers of over fifty employees, the decision to accept or reject shall be made by the employee.

     (2) Contracts currently in existence shall offer the additional open referral health plan at the next annual renewal after the effective date of this section; however, multi-year group contracts need not comply until the expiration of their current multi-year term unless the group contract holder elects to comply before that time,

     (3) If an employer provides more than one health plan to its employees and at least one is a open referral plan, then all health benefit plans offered by such employer shall be exempt from the requirements of this section.

     2. For the purposes of this act, the following terms shall mean:

     (1) "Open Referral Plan", a plan in which the enrollee is allowed to obtain treatment for covered benefits without a referral from a primary care physician from any person licensed to provide such treatment;

     (2) "Gatekeeper Group Plan", a plan in which the enrollee is required to obtain a referral from a primary care professional in order to access specialty care."; and

     Renumber remaining subsections accordingly.

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

     Senator Sims offered SA 24:

SENATE AMENDMENT NO. 24

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 33, Section 354.535, Lines 2-9, by deleting and replacing with the following:

     "3. Every health maintenance organization shall apply the same coinsurance, copayment and deductible factors to all drug prescriptions filled by a pharmacy provider who participates in the health maintenance organization's network if the provider meets the contract's explicit product cost determination. If any such contract is rejected by any pharmacy provider, the HMO may offer other contracts necessary to comply with any network adequacy provisions of this act. However, nothing in this section shall be construed to prohibit the health maintenance organization from applying different coinsurance, copayment and deductible factors between generic and brand name drugs.".

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

     Senator Westfall offered SA 25:

SENATE AMENDMENT NO. 25

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 78, Section 376.1361, Lines 18-22, by deleting said lines and inserting in lieu thereof the following: "Missouri. A licensed".

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

     Senator Mathewson resumed the Chair.

     Senator Schneider offered SA 26:

SENATE AMENDMENT NO. 26

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 91, Section 376.1390, Lines 16-17, by striking all of said lines; and further amend line 18, by striking the following: "provisions of sections 376.1350 to 376.1390."; and

     Further amend said bill, page and section, line 21, by inserting after all of said line the following:

     "376.1399. 1. The director may, after notice and hearing, promulgate reasonable rules to carry out the provisions of sections 376.1350 to 376.1390. The director shall have the authority to promulgate rules to accomplish the following purposes:

     (1) To regulate the internal affairs of the department of insurance;

     (2) To prescribe forms and procedures to be followed in proceedings before the department of insurance; and

     (3) To effectuate or aid in the interpretation of any law of this state pertaining to the subject matters of sections 376.1350 to 376.1390.

     2. Any rule that has the effect of creating or substantially modifying a legal right, liability, obligation or sanction shall be considered substantive. The director may only promulgate substantive rules on subject matters specifically authorized pursuant to sections 376.1350 to 376.1390 and any substantive rule or portion of a rule shall become effective only as provided pursuant to chapter 536, RSMo, including, but not limited to, section 536.028, after the effective date of this act. All such substantive rules and all substantive rulemaking authority granted pursuant to sections 376.1350 to 376.1390 shall expire on August 31, 1998. Any act by the general assembly that serves to extend or postpone the expiration of any rule or rulemaking authority shall not constitute legislative approval of the rule or authority nor be admissible in any court as evidence of legislative intent. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date or to disapprove and annul a rule, or portion of a rule, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

     Further amend said bill, page 105, Section 13, line 27, by inserting after all of said line the following:

     "Section 14. 1. The director may, after notice and hearing, promulgate reasonable rules to carry out the provisions of sections 1 to 11. The director shall have the authority to promulgate rules to accomplish the following purposes:

     (1) To regulate the internal affairs of the department of insurance;

     (2) To prescribe forms and procedures to be followed in proceedings before the department of insurance; and

     (3) To effectuate or aid in the interpretation of any law of this state pertaining to the subject matters of sections 1 to 11.

     2. Any rule that has the effect of creating or substantially modifying a legal right, liability, obligation or sanction shall be considered substantive. The director may only promulgate substantive rules on subject matters specifically authorized pursuant to sections 1 to 11 and any substantive rule or portion of a rule shall become effective only as provided pursuant to chapter 536, RSMo, including, but not limited to, section 536.028, after the effective date of this act. All such substantive rules and all substantive rulemaking authority granted pursuant to sections 1 to 11 shall expire on August 31, 1998. Any act by the general assembly that serves to extend or postpone the expiration of any rule or rulemaking authority shall not constitute legislative approval of the rule or authority nor be admissible in any court as evidence of legislative intent. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date or to disapprove and annul a rule, or portion of a rule, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider offered SA 27, which was read:

SENATE AMENDMENT NO. 27

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 7, Section 354.400, Line 28, by striking "advanced practice nursing," appearing in said lines; and page 8, line 14, by striking "advanced practice nurses,".

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

     Senator McKenna offered SA 28:

SENATE AMENDMENT NO. 28

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 89, Section 375.1385, Line 14, by after the word "enrollee's" insert the following: "or the health carrier's or plan sponsor's rights"; and further amend said bill at the same page, section and line, by deleting the word "right"; and

     Further amend said bill at page 89, section 376.1387, line 20, by deleting the words "against a health carrier" and inserting in lieu thereof the words "or health carrier or plan sponsor" before the word "through".

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

     Senator Maxwell offered SA 29:

SENATE AMENDMENT NO. 29

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 4, Section 354.400, Line 1 of said page, by striking "354.636" and inserting in lieu thereof the following: "354.535".

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

     Senator Rohrbach offered SA 30:

SENATE AMENDMENT NO. 30

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 41, Section 354.606, Line 13, by deleting the "." following "carrier" and inserting the following:

"nor shall a participating provider collect or attempt to collect from an enrollee any money in excess of the coinsurance, copayments or deductibles.".

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

     Senator Rohrbach offered SA 31, which was read:

SENATE AMENDMENT NO. 31

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 44, Section 354.606, Lines 12-14, by deleting all the language after the word "network"; and

     Further amend said substitute, pages 53-54, Section 354.618, line 27, by deleting the words ", and when referring enrollees for health services provided within the scope of those professional licenses".

     Senator Rohrbach moved that the above amendment be adopted.

     At the request of Senator Maxwell, HS for HCS for HB 335, with SCS, SS for SCS, as amended, and SA 31 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Appropriations, to which was referred HB 13, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HB 15, 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. 15, Page 32, Section 15.222, by inserting immediately after said section the following:

"Section 15.224. To the Department of Natural Resources

For the Division of Environmental Quality

For the purchase of land, building of

     facilities, and the purchase of the equipment

     necessary to implement the motor vehicle

     emissions inspection program; provided,

     however, that funds appropriated herein

     shall be administered under the oversight of a

     committee composed of three members of the

     House of Representatives appointed by the

     Speaker with no more than two members from

     any party, three members of the Senate

     appointed by the President Pro Tem with no

     more than two members from any party and

     the Director of the Department of Natural

     Resources or his designee

Representing expenditures originally authorized

     under the provisions of House Bill Section

     1023.116, an Act of the 87th General

     Assembly, Second Regular Session and most

     recently authorized under the provisions of

     House Bill Section 15.292, an Act of the 88th

     General Assembly, First Regular Session

From Federal and Other Funds . . . . . . .$1 E"; and

     Further amend said bill, page 47, section 15.330, by deleting said section in its entirety; and

     Further amend said bill, page 75, section 15.490, by inserting immediately after said section the following:

"Section 15.492. To the Department of Natural Resources

For the Division of Environmental Quality

For the purpose of funding a motor vehicle

     emissions program provided, however, that

     funds appropriated herein shall be

     administered under the oversight of a

     committee composed of three members of the

     House of Representatives appointed by the

     Speaker with no more than two members

     from any party, three members of the Senate

     appointed by the President Pro Tem with no

     more than two members from any party and

     the Director of the Department of Natural

     Resources or his designee

     Expense and Equipment

Representing expenditures originally authorized

     under the provisions of House Bill Section

     1006.322, and Act of the 88th General

     Assembly, Second Regular Session

From Missouri Air Pollution Control Fund,

Federal Funds, and Other Funds, excluding

General Revenue          $388,000".

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HB 16, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HB 17, 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. 17, Page 4, Section 17.065, Line 5, by deleting the number "830,386" and inserting in lieu thereof the number "481,647"; and

     Further amend said bill, page 8, section 17.200 by deleting said section in its entirety and inserting in lieu thereof the following:

"Section 17.200. There is transferred out of the      State Treasury, chargeable to the funds      shown below, the following amounts to the      General Revenue Fund

From Federal Funds. . . . . . . . . . . . . . . . . . . . . . . . $ 44,502

From Child Support Enforcement

Collections Fund . . . . . . . . . . . . . . . . . . . . . . . . . 6,849

From General Revenue Reimbursement

Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,411

From Compulsive Gamblers Fund . . . . . . . . . . . . . . . . . . . . . 288

From Nursing Facility Quality of

Care Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,145

From Division of Tourism Supplemental

Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,223

From Health Initiatives Fund. . . . . . . . . . . . . . . . . . . . . 3,652

From Animal Care Reserve Fund . . . . . . . . . . . . . . . . . . . . . 357

From Division of Aging Elderly Home

Delivered Meals Trust Fund . . . . . . . . . . . . . . . . . . . . . .45

From Commodity Council

Merchandising Fund . . . . . . . . . . . . . . . . . . . . . . . . . .68

From Single Purpose Animal Facilities

Loan Program Fund. . . . . . . . . . . . . . . . . . . . . . . . . . 431

From Federal Surplus Property Fund. . . . . . . . . . . . . . . . . . . 230

From Natural Resources Revolving

Services Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 251

From Department of Natural Resources

Cost Allocation Fund . . . . . . . . . . . . . . . . . . . . . . .16,934

From Office of Administration Revolving

Administrative Trust Fund. . . . . . . . . . . . . . . . . . . . .21,003

From Department of Social Services

Administrative Trust Fund. . . . . . . . . . . . . . . . . . . . . . 103

From Department of Economic Development

Administrative Fund. . . . . . . . . . . . . . . . . . . . . . . . 4,032

From Division of Finance Fund . . . . . . . . . . . . . . . . . . . . 8,742

From Department of Insurance Dedicated

Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23,939

From Natural Resources Protection

Fund-Water Pollution Permit Fee

Subaccount . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,440

From Solid Waste Management Fund-

Scrap Tire Subaccount. . . . . . . . . . . . . . . . . . . . . . . 1,209

From Solid Waste Management Fund. . . . . . . . . . . . . . . . . . . 2,850

From Metallic Minerals Waste

Management Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . 208

From Manufactured Housing Fund. . . . . . . . . . . . . . . . . . . . 1,276

From Natural Resources Protection Fund-Air

Pollution Asbestos Fee Subaccount. . . . . . . . . . . . . . . . . . 468

From Underground Storage Tank

Insurance Fund . . . . . . . . . . . . . . . . . . . . . . . . . . 2,543

From Underground Storage Tank

Regulation Program Fund. . . . . . . . . . . . . . . . . . . . . . . 486

From Motor Vehicle Commission Fund. . . . . . . . . . . . . . . . . . . 215

From Natural Resources Protection Fund-

Air Pollution Permit Fee Subaccount. . . . . . . . . . . . . . . . 8,458

From Public Service Commission Fund . . . . . . . . . . . . . . . . .41,877

From Conservation Commission Fund . . . . . . . . . . . . . . . . . . 2,025

From Parks Sales Tax Fund . . . . . . . . . . . . . . . . . . . . . . . .51

From Soil and Water Sales Tax Fund. . . . . . . . . . . . . . . . . . 6,015

From Department of Revenue

Information Fund . . . . . . . . . . . . . . . . . . . . . . . . . 1,855

From State Highways and Transportation

Department Fund. . . . . . . . . . . . . . . . . . . . . . . . . 153,647

From Grain Inspection Fee Fund. . . . . . . . . . . . . . . . . . . . . 605

From Water and Waste Water

Loan Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,820

From Workers' Compensation Fund . . . . . . . . . . . . . . . . . . .30,012

From Second Injury Fund . . . . . . . . . . . . . . . . . . . . . . . 6,855

From Railroad Expense Fund. . . . . . . . . . . . . . . . . . . . . . 1,854

From Petroleum Inspection Fund. . . . . . . . . . . . . . . . . . . . 2,979

From Hazardous Waste Fund . . . . . . . . . . . . . . . . . . . . . . 3,453

From Safe Drinking Water Fund . . . . . . . . . . . . . . . . . . . . 4,005

From Missouri Office of Prosecution

Services Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

From Crime Victims' Compensation

Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

From Coal Mine Land Reclamation

Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

From Professional Registration

Fees Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . .27,727

From Hazardous Waste Remedial

Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,795

From Missouri Air Pollution

Control Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,136

From Mined Land Reclamation

Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 735

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 461,631".

HOUSE BILLS ON THIRD READING

     Senator Maxwell moved that HS for HCS for HB 335, with SCS and SS for SCS, as amended, and SA 31 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 31 was again taken up.

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

     Senator Kenney offered SA 32, which was read:

SENATE AMENDMENT NO. 32

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, Page 43, Section 354.606, Line 12, by adding immediately after the word "care" the following, "but shall not disclose individual identities,".

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

     Senator Maxwell moved that SS for SCS for HS for HCS for HB 335, as amended, be adopted, which motion prevailed.

     On motion of Senator Maxwell, SS for SCS for HS for HCS for HB 335, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--Rohrbach--1
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator McKenna ruled the pending point of order on SA 7 to HCS for HJR 9 well taken. The subject matter and original intent of the Joint Resolution was to establish different majorities for voter approval of tax rates, based upon the level of taxation submitted to the voters. SA 7 established a refund mechanism for the Hancock Amendment which would have been another subject matter. With clarity in the rules at issue, research of previous rulings indicated that amendments must be germane to the original intent in joint resolutions as well.

     President Wilson resumed the Chair.

     On motion of Senator Curls, HCS for HJR 9, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsEhlmannGoodeHouse
HowardJacobJohnsonKenney
LybyerMathewsonMaxwellMcKenna
QuickSchneiderScottSims
StaplesWiggins--22
Nays--Senators
FlotronGravesKinderKlarich
MuellerRohrbachRussellSingleton
WestfallYeckel--10
Absent--Senators
ClayDePasco--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

     Senator Curls 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 Banks moved that SCS for SB 263, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SCS for SB 263, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 263

     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.

     Was taken up.

     Senator Banks moved that HCS for SCS for SB 263 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--Rohrbach--1
Absent--Senators--Schneider--1
Absent with leave--Senators--None

     On motion of Senator Banks, HCS for SCS for SB 263 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--Rohrbach--1
Absent--Senators--None
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
HowardJacobJohnsonKinder
KlarichMaxwellMcKennaMueller
QuickRussellSchneiderScott
SimsStaplesWestfallWiggins
Yeckel--29
Nays--Senators
KenneyLybyerRohrbachSingleton--4
Absent--Senators--Mathewson--1
Absent with leave--Senators--None

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

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

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

     Bill ordered enrolled.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 347, as amended: Representatives: Hosmer, Carter, Rizzo, Cierpiot and Broach.

     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 HBs 600 and 388, as amended: Representatives: Carter, Harlan, Luetkenhaus, Sallee and Wooten.

     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 664, entitled:

     An Act to repeal section 42.135, RSMo 1994, and section 313.835, RSMo Supp. 1996, and to enact in lieu thereof six new sections for the purpose of creating the Missouri national guard trust fund, 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 HCS for HB 50, entitled:

     An Act to repeal sections 272.010, 272.020, 272.030, 272.040, 272.050, 272.060, 272.070, 272.080, 272.090, 272.100, 272.110, 272.120, 272.130, 272.150, 272.160, 272.170, 272.180, 272.190, 272.200, 272.210, 272.220, 272.230, 272.235, 272.240, 272.250, 272.260, 272.270, 272.280, 272.290, 272.300, 272.310, 272.320, 272.330, 272.340, 272.350, 272.360 and 272.370, RSMo 1994, relating to fences, and to enact in lieu thereof eleven new sections relating to the same subject, with an effective date.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 232, entitled:

     An Act relating to insurance coverage for cancer prevention.

     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 HBs 508 and 145, entitled:

     An Act to repeal sections 660.053 and 660.078, RSMo 1994, and to enact in lieu thereof five new sections for the purpose of creating a shared care program in the division of aging for the care of the elderly.

     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 SB 264.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 176.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for SS for SB 97, as amended, entitled:

     An Act to repeal sections 630.155, 630.167 and 630.710, RSMo Supp. 1996, relating to the confidentiality of mental health reports, and to enact in lieu thereof three new sections relating to the same subject.

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

HOUSE AMENDMENT NO. 1

     Amend House Substitute for Senate Substitute for Senate Bill No. 97, Page 4, Section 630.167, Line 18 of said page, by striking the word "report" and inserting in lieu thereof the following: "reports"; and

     Further amend said bill, Page 4, Section 630.167, Line 19 of said page, by inserting immediately after the word "disclosure" the following: "or unless a judicial proceeding or hearing in accordance with section 36.390, RSMo, results;"; and

     Further amend said bill, Page 5, Section 630.167, Line 11 of said page, by striking the closing bracket "]"; and

     Further amend said bill, Page 5, Section 630.167, Lines 11-12 of said page, by striking the following: "or hearing in accordance with section 36.390, RSMo,"; and

     Further amend said bill, Page 5, Section 630.167, Line 13 of said page, by striking the opening bracket "[".

HOUSE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 97, Page 1, In the Title, Line 2, by inserting immediately after the word "sections" the following: "552.030 and 610.105, RSMo 1994, and sections 43.503,"; and

     Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "three" and inserting in lieu thereof the word "six"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting immediately after the word "Sections" the following: "552.030 and 610.105, RSMo 1994, and sections 43.503,"; and

     Further amend said bill, Page 1, Section A, Line 2, by deleting the word "three" and inserting in lieu thereof the word "six"; and

     Further amend said bill, Page 1, Section A, Line 3, by inserting immediately after the word "sections" the following: "43.503, 552.030, 610.105,"; and

     Further amend said bill, Page 1, Section 630.155, Line 1, by inserting before all of said line the following:

     "43.503. 1. For the purpose of maintaining complete and accurate criminal history record information, all police officers of this state, the clerk of each court, the department of corrections, the sheriff of each county, the chief law enforcement official of a city not within a county and the prosecuting attorney of each county or the circuit attorney of a city not within a county shall submit certain criminal arrest, charge, and disposition information to the central repository for filing without undue delay in the form and manner required by sections 43.500 to 43.530.

     2. All law enforcement agencies making misdemeanor and felony arrests as determined by section 43.506 shall furnish without undue delay, to the central repository, fingerprints, charges, and descriptions of all persons who are arrested for such offenses on standard fingerprint forms supplied by the highway patrol. All such agencies shall also notify the central repository of all decisions not to refer such arrests for prosecution. An agency making such arrests may enter into arrangements with other law enforcement agencies for the purpose of furnishing without undue delay such fingerprints, charges, and descriptions to the central repository upon its behalf. In instances where an individual less than seventeen years of age is taken into custody for an offense which would be considered a felony if committed by an adult, the arresting officer shall take one set of fingerprints for the central repository and may take another set for inclusion in a local or regional automated fingerprint identification system. These fingerprints shall be taken on fingerprint cards which are plainly marked "juvenile card" and shall be provided by the central repository. The fingerprint cards shall be so constructed that only the fingerprints, unique identifying number, and the court of jurisdiction are made available to the central or local repository. The remainder of the card which bears the individual's identification and the duplicate unique number shall be provided to the court of jurisdiction. The appropriate portion of the juvenile fingerprint card shall be forwarded to the central repository and the courts without undue delay. The fingerprint information from the card shall be captured and stored in the automated fingerprint identification system operated by the central repository. The juvenile fingerprint card shall be stored in a secure location, separate from all other fingerprint cards. In the event the fingerprints from this card are found to match latent prints searched in the automated fingerprint identification system, the court of jurisdiction shall be so advised.

     3. The prosecuting attorney of each county or the circuit attorney of a city not within a county shall notify the central repository on standard forms supplied by the highway patrol of all charges filed, including all those added subsequent to the filing of a criminal court case, and whether charges were not filed in criminal cases for which the central repository has a record of an arrest. All records forwarded to the central repository by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall include the state offense cycle number of the offense, and the originating agency identifier number of the reporting prosecutor, using such numbers as assigned by the highway patrol.

     4. The clerk of the courts of each county or city not within a county shall furnish the central repository, on standard forms supplied by the highway patrol, with all final dispositions of criminal cases for which the central repository has a record of an arrest or a record of fingerprints reported pursuant to subsections 6 and 7 of this section. Such information shall include, for each charge:

     (1) All judgments of not guilty, acquittals on the ground of mental disease or defect excluding responsibility, judgments or pleas of guilty including the sentence, if any, or probation, if any, pronounced by the court, nolle pros, discharges, releases and dismissals in the trial court;

     (2) Court orders filed with the clerk of the courts which reverse a reported conviction or vacate or modify a sentence;

     (3) Judgments terminating or revoking a sentence to probation, supervision or conditional release and any resentencing after such revocation; and

     (4) The offense cycle number of the offense, and the originating agency identifier number of the reporting court, using such numbers as assigned by the highway patrol.

     5. The clerk of the courts of each county or city not within a county shall furnish court judgment and sentence documents and the state offense cycle number of the offense, which result in the commitment or assignment of an offender, to the jurisdiction of the department of corrections or the department of mental health if the person is committed pursuant to chapter 552, RSMo. This information shall be reported to the department of corrections or the department of mental health at the time of commitment or assignment. If the offender was already in the custody of the department of corrections or the department of mental health at the time of such subsequent conviction, the clerk shall furnish notice of such subsequent conviction to the appropriate department [of corrections] by certified mail, return receipt requested, within ten days of such disposition.

     6. After the court pronounces sentence, including an order of supervision or an order of probation granted for any offense which is required by statute to be collected, maintained, or disseminated by the central repository, or commits a person to the department of mental health pursuant to chapter 552, RSMo, the prosecuting attorney or the circuit attorney of a city not within a county shall ask the court to order a law enforcement agency to fingerprint immediately all [sentenced] persons appearing before the court to be sentenced or committed who have not previously been fingerprinted for the same case. The court shall order the requested fingerprinting if it determines that any sentenced or committed person has not previously been fingerprinted for the same case. The law enforcement agency shall submit such fingerprints to the central repository without undue delay.

     7. The department of corrections and the department of mental health shall furnish the central repository with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency, or discharge of an individual who has been sentenced to [the] that department's custody for any offenses which are mandated by [this act] law to be collected, maintained or disseminated by the central repository. All records forwarded to the central repository by the department as required by sections 43.500 to 43.530 shall include the offense cycle number of the offense, and the originating agency identifier number of the department using such numbers as assigned by the highway patrol.

     552.030. 1. A person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect [he] such person was incapable of knowing and appreciating the nature, quality, or wrongfulness of [his] such person's conduct.

     2. Evidence of mental disease or defect excluding responsibility shall not be admissible at trial of the accused unless the accused, at the time of entering [his] such accused's plea to the charge, pleads not guilty by reason of mental disease or defect excluding responsibility, or unless within ten days after a plea of not guilty, or at such later date as the court may for good cause permit, [he] the accused files a written notice of [his] such accused's purpose to rely on such defense. Such a plea or notice shall not deprive the accused of other defenses. The state may accept a defense of mental disease or defect excluding responsibility, whether raised by plea or written notice, if the accused has no other defense and files a written notice to that effect. The state shall not accept a defense of mental disease or defect excluding responsibility in the absence of any pretrial evaluation as described in this section or section 552.020. Upon the state's acceptance of the defense of mental disease or defect excluding responsibility, the court shall proceed to order the commitment of the accused as provided in section 552.040 in cases of persons acquitted on the ground of mental disease or defect excluding responsibility, and further proceedings shall be had regarding the confinement and release of the accused as provided in section 552.040.

     3. Whenever the accused has pleaded mental disease or defect excluding responsibility or has given the written notice provided in subsection 2 of this section, and such defense has not been accepted as provided in subsection 2 of this section, the court shall, after notice and upon motion of either the state or the accused, by order of record, appoint one or more private psychiatrists or psychologists, as defined in section 632.005, RSMo, or physicians with a minimum of one year training or experience in providing treatment or services to mentally retarded or mentally ill individuals, who are neither employees nor contractors of the department of mental health for purposes of performing the examination in question, to examine the accused, or shall direct the director of the department of mental health, or [his] the director's designee, to have the accused so examined by one or more psychiatrists or psychologists, as defined in section 632.005, RSMo, or physicians with a minimum of one year training or experience in providing treatment or services to mentally retarded or mentally ill individuals designated by the director, or [his] the director's designee, as qualified to perform examinations pursuant to this chapter. The order shall direct that written report or reports of such examination be filed with the clerk of the court. No private psychiatrist, psychologist, or physician shall be appointed by the court unless [he] such psychiatrist, psychologist or physician has consented to act. The examinations ordered shall be made at such time and place and under such conditions as the court deems proper; except that, if the order directs the director of the department of mental health to have the accused examined, the director, or [his] the director's designee, shall determine the time, place and conditions under which the examination shall be conducted. The order may include provisions for the interview of witnesses and may require the provision of police reports to the department for use in evaluation. If an examination provided in section 552.020 was made and the report [thereof] of such examination included an opinion as to whether, at the time of the alleged criminal conduct, the accused, as a result of mental disease or defect, did not know or appreciate the nature, quality or wrongfulness of [his] such accused's conduct or as a result of mental disease or defect was incapable of conforming [his] such accused's conduct to the requirements of law, such report may be received in evidence, and no new examination shall be required by the court unless, in the discretion of the court, another examination is necessary. If an examination is ordered pursuant to this section, the report shall contain the information required in subsections 3 and 4 of section 552.020. Within ten days after receiving a copy of such report, both the accused and the state shall, upon written request, be entitled to an order granting them an examination of the accused by an examiner of [his] such accused's or its own choosing and at [his] such accused's or its expense. The clerk of the court shall deliver copies of the report or reports to the prosecuting or circuit attorney and to the accused or [his] such accused's counsel. No reports required by this subsection shall be public records or be open to the public. Any examination performed pursuant to this subsection shall be completed and the results shall be filed with the court within sixty days of the date it is received by the department or private psychiatrist, psychologist or physician unless the court, for good cause, orders otherwise.

     4. If the report contains the recommendation that the accused should be held in custody in a suitable hospital facility pending trial, and if the accused is not admitted to bail, or released on other conditions, the court may order that the accused be committed to or held in a suitable hospital facility pending trial.

     5. No statement made by the accused in the course of any such examination and no information received by any physician or other person in the course thereof, whether such examination was made with or without the consent of the accused or upon [his] the accused's motion or upon that of others, shall be admitted in evidence against the accused on the issue of whether [he] the accused committed the act charged against [him] the accused in any criminal proceeding then or thereafter pending in any court, state or federal. The statement or information shall be admissible in evidence for or against [him] the accused only on the issue of [his] such accused's mental condition, whether or not it would otherwise be deemed to be a privileged communication. If the statement or information is admitted for or against the accused on the issue of [his] such accused's mental condition, the court shall, both orally at the time of its admission and later by instruction, inform the jury that it must not consider such statement or information as any evidence of whether the accused committed the act charged against [him] the accused.

     6. All persons are presumed to be free of mental disease or defect excluding responsibility for their conduct, whether or not previously adjudicated in this or any other state to be or to have been sexual or social psychopaths, or incompetent; provided, however, the court may admit evidence presented at such adjudication based on its probative value. The issue of whether any person had a mental disease or defect excluding responsibility for [his] such person's conduct is one for the trier of fact to decide upon the introduction of substantial evidence of lack of such responsibility. But, in the absence of such evidence, the presumption shall be conclusive. Upon the introduction of substantial evidence of lack of such responsibility, the presumption shall not disappear and shall alone be sufficient to take that issue to the trier of fact. The jury shall be instructed as to the existence and nature of such presumption when requested by the state and, where the issue of such responsibility is one for the jury to decide, the jury shall be told that the burden rests upon the accused to show by a preponderance or greater weight of the credible evidence that the defendant was suffering from a mental disease or defect excluding responsibility at the time of the conduct charged against [him] the defendant. At the request of the defense the jury shall be instructed by the court as to the contents of subsection 2 of section 552.040.

     7. When the accused is acquitted on the ground of mental disease or defect excluding responsibility, the verdict and the judgment shall so state as well as state the offense for which the accused was acquitted. The clerk of the court shall furnish a copy of any judgment or order of commitment to the department of mental health pursuant to this section to the criminal records central repository pursuant to section 43.403, RSMo.

     610.105. If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty, unless the finding of not guilty is pursuant to section 552.030, RSMo, or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated except that the disposition portion of the record may be accessed for purposes of exculpation and except as provided in section 610.120.".

HOUSE AMENDMENT NO. 3

     Amend House Substitute for Senate Substitute for Senate Bill No. 97, Page 3, Section 630.155.3, Line 10, by adding at the end of said line, after the word "faith", the following: "unless the department acted negligently, recklessly, or with malicious purpose.".

HOUSE AMENDMENT NO. 4

     Amend House Substitute for Senate Substitute for Senate Bill No. 97, Page 7, Line 25, by inserting after all of said line the following:

     "337.636. Persons licensed under the provisions of sections 337.600 to 337.639 may not disclose any information acquired from persons consulting them in their professional capacity, or be compelled to disclose such information except:

     (1) With the written consent of the client, or in the case of the client's death or disability, the client's personal representative or other person authorized to sue, or the beneficiary of an insurance policy on the client's life, health or physical condition;

     (2) When such information pertains to a criminal act;

     (3) When the person is child under the age of eighteen years and the information acquired by the licensee indicated that the child was the victim of a crime;

     (4) When the person waives the privilege by bringing charges against the licensee;

     (5) Upon order of the court, when the licensee is called upon to testify in any court or administrative hearings concerning matters of adoption, adult abuse, child abuse, child neglect, or other matters pertaining to the welfare of clients of the licensee; or

     (6) When the licensee is collaborating or consulting with professional colleagues or an administrative superior on behalf of the client.

     337.639. Nothing in sections 337.600 to 337.639 shall be construed to prohibit any person licensed under the provisions of sections 337.600 to 337.639 from testifying in court hearings, upon order of the court, concerning matters of adoption, adult abuse, child abuse, child neglect, or other matters pertaining to the welfare of children or any dependent person, or from seeking collaboration or consultation with professional colleagues or administrative supervisors on behalf of the client."; and

     Further amend the 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 315.

     With House Committee Amendment No. 1, House Substitute Amendment No. 1 for House Committee Amendment No. 2, House Amendments Nos. 1 and 2, House Substitute Amendment No. 1 for House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 3, House Substitute Amendment No. 1 for House Amendment No. 3, as amended, and House Amendments Nos. 4, 5 and 6.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill 315, Page 3, Section 304.050, Line 74, by inserting an opening bracket "[" immediately in front of the word "Notwithstanding"; and

     Further amend said bill, Page 3, Section 304.050, Line 76 by inserting a closing bracket "]" immediately following the word "plates.".

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR

HOUSE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 315, Page 2, Section 304.050, Line 35, by deleting the word "The" and inserting in lieu thereof the words "A public school district shall have the authority pursuant to this section to adopt a policy which provides that the".

HOUSE AMENDMENT NO. 1

     Amend Senate Bill No. 315, Page 2, Section 304.050, Line 19, by inserting immediately following the word "new" the word "public"; and

     Further amend said bill, page 4, section 307.375, line 14, by inserting immediately following the word "on" the word "public".

HOUSE AMENDMENT NO. 2

     Amend Senate Bill No. 315, Page 2, Section 304.050, Subsection 3, by inserting immediately after all of said subsection the following:

"This subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.".

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR HOUSE AMENDMENT NO. 1 TO

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR HOUSE AMENDMENT NO. 3

     Amend House Substitute Amendment No. 1 for House Amendment No. 3 to Senate Bill No. 315, Lines 10 and 11, by deleting all of said line and inserting in lieu thereof the following: "Grant Program". School districts and Private Schools required to be equipped with crossing control arms pursuant to subsection 3 of section 304.050 may apply for grants, after the statewide mandate required pursuant to subsection 3 of section 304.050 is satisfied for".

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR HOUSE AMENDMENT NO. 3

     Amend Senate Bill No. 315, Page 2, Section 304.050, Line 24, by inserting immediately after the word "arm." the words "A school district shall have the authority to exempt itself from the provisions of this subsection by a vote of its board and any private school shall also have such authority to exempt itself by a vote of its governing body."; and

     Further amend said bill, Page 4, Section 304.050, Line 92, by inserting immediately after all of said line the following:

     "9. There is hereby established the "School Bus Safety Equipment Grant Program". School boards or Governing bodies of private schools may apply for grants from the program for the purchase of school bus safety equipment which may include, but is not limited to, school bus safety arms, strobe lights, two-way radios and video equipment. The program shall be administered by the director of public safety pursuant to rules and regulations promulgated by the director."; and

     Further amend said bill, Page 4, Section 307.375, Line 15, by inserting immediately after the abbreviation "RSMo" the words ", except for those schools exempt pursuant to the provisions of such section".

HOUSE AMENDMENT NO. 4

     Amend Senate Bill No. 315, Page 6, Section B, Line 2, by adding immediately after said line, the following:

     "Section 1. 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. 5

     Amend Senate Bill No. 315, Page 5, Section 307.375, Line 33, by inserting immediately after the word "bus" the following:

     ";

     (17) Any other safety equipment or device required by the local school district".

HOUSE AMENDMENT NO. 6

     Amend Senate Bill No. 315, Page 2, Section 304.050, Line 18, by deleting the words "pick up" and inserting therein the word "transport".

     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 299.

     With House Substitute Amendment No. 1 for House Amendment No. 1.

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR HOUSE AMENDMENT NO. 1

     Amend Senate Bill No. 299, Page 1, Section 21.145, Line 3, by inserting after the word exceed "80% of"; and

     Further amend page 2, section 476.380, line 5 by inserting after the word exceed "80% of".

     Emergency clause defeated.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 31.

HOUSE CONCURRENT RESOLUTION NO. 31

     WHEREAS, a number of urban areas in the state of Missouri are experiencing rapid growth in terms of population, new business development, and physical expansion; and

     WHEREAS, proper and comprehensive planning at both the local and state levels is necessary to ensure that such rapid growth does not have a serious negative impact on economic development and the quality of life for the citizens residing in those areas; and

     WHEREAS, a thorough study should be conducted to determine the effects of rapid growth and development as it relates to various factors that have a direct impact on economic development and the quality of life;

     NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, that an interim committee of the General Assembly be created for the purpose of conducting a study on growth and development in rapidly growing areas, and that said committee be authorized to function during the interim of the Eighty-ninth General Assembly; and

     BE IT FURTHER RESOLVED that said interim committee be composed of five members of the House to be appointed by the Speaker of the House, three of whom shall be members of the Democratic Party and two of whom shall be members of the Republican Party; and five members of the Senate to be appointed by the President Pro Tem of the Senate, three of whom shall be members of the Democratic Party and two of whom shall be members of the Republican Party; and

     BE IT FURTHER RESOLVED that the committee conduct a study on the effects of growth on economic development and the quality of life and make recommendations for improving the quality of life for residents in rapidly growing areas; and

     BE IT FURTHER RESOLVED that the committee gather and analyze information on transportation, land use, public safety, infrastructure needs and costs, environmental concerns, and any other pertinent factors affecting economic development and the quality of life in rapidly growing areas; and

     BE IT FURTHER RESOLVED that the committee conduct at least four public hearings around the state in areas experiencing rapid growth; 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 Eighty-ninth General Assembly by December 30, 1997; and

     BE IT FURTHER RESOLVED that the Committee on Legislative Research, Senate Research and House Research provide such legal research, clerical, technical and bill drafting services as the task force 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, be paid from the Joint Contingent Fund.

     In which the concurrence of the Senate is respectfully requested.

     Senator Wiggins resumed the Chair.

PRIVILEGED MOTIONS

     Senator Lybyer moved that SB 299, with HSA 1 for HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HSA 1 for HA 1 was taken up.

     Senator Lybyer moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksChildersClayCurls
DePascoEhlmannFlotronGoode
HowardJacobJohnsonKinder
LybyerMathewsonMcKennaQuick
RussellSchneiderScottSingleton
StaplesWestfallWigginsYeckel--24
Nays--Senators
BentleyCaskeyGravesHouse
KenneyKlarichMaxwellMueller
RohrbachSims--10
Absent--Senators--None
Absent with leave--Senators--None

     On motion of Senator Lybyer, SB 299, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksClayCurlsDePasco
EhlmannFlotronGoodeHoward
JacobJohnsonKinderLybyer
MathewsonMcKennaQuickRussell
SchneiderScottSingletonStaples
WestfallWigginsYeckel--23
Nays--Senators
BentleyCaskeyChildersGraves
HouseKenneyKlarichMaxwell
MuellerRohrbachSims--11
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Bill ordered enrolled.

     President Pro Tem McKenna resumed the Chair.

     Senator DePasco moved that the Senate refuse to concur in HS for HCS for SB 142, 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.

     Senator Caskey moved that SS for SB 367, with HS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HS for SS for SB 367, as amended, entitled:

HOUSE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 367

     An Act to repeal section 217.705, RSMo 1994, and sections 565.084 and 571.030, RSMo Supp. 1996, relating to probation and parole officers, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Caskey moved that HS for SS for SB 367, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Curls--1
Absent with leave--Senators--None

     On motion of Senator Caskey, HS for SS for SB 367, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Curls--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

     Senator Schneider, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 387, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 387

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 387; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for Senate Bill No. 387;

     2. That the Senate recede from its position on Senate Bill No. 387;

     3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 387 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ John Schneider      /s/ Phil Smith

/s/ Jerry T. Howard      /s/ Craig Hosmer

/s/ Sidney Johnson      Kelly Parker

/s/ Peter Kinder      /s/ Michael R. Gibbons

/s/ Anita Yeckel      /s/ Todd Akin

     Senator Schneider moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Curls--1
Absent with leave--Senators--None

     On motion of Senator Schneider, CCS for HCS for SB 387, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 387

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

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
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
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsJohnson--2
Absent with leave--Senators--None

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

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

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

     Senator Staples moved that the Senate refuse to concur in HCA 1, HSA 1 for HCA 2, HA 1, HA 2, HSA 1 for HA 3, as amended, HA 4, HA 5 and HA 6 to SB 315 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and HB 734, 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.

REFERRALS

     President Pro Tem McKenna referred HCR 31 to the Committee on Rules, Joint Rules and Resolutions.

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 347, as amended: Senators Banks, Wiggins, Staples, Sims and Bentley.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 801, regarding Ruth Ferrel, Butler, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Mueller introduced to the Senate, Hank and Barbara Enneking, St. Louis.

     Senator Sims introduced to the Senate, Elaina S. Shelton and Jamie L. and Bethany P. Cummings, St. Charles.

     Senator Klarich introduced to the Senate, seventy-five fourth grade students from Chesterfield Elementary School, Chesterfield; and Jackie Behle, Andrea Lindner and Megan Wuebbels were made honorary pages.

     Senator Howard introduced to the Senate, Doug Adams, Mrs. Flo Clawson, Dianna Davis, and forty students from Fisk Elementary School, Twin Rivers; and Jeremiah Wolf, Trisha Scott and Sarah Wilkerson were made honorary pages.

     Senator Flotron introduced to the Senate, thirty-five eighth grade students from St. Monica's School, St. Louis.

     Senator Rohrbach introduced to the Senate, members of the Lincoln University Track Teams: Lorraine Graham, Beverley Grant, Shelly-Ann Berth, Yvonne Andrews, Symantha Betts, Latonya

Wheeler, Damani Akridge, James Birchfield, Eric Dabner, Dwight Ferguson, Duane Hill and Marcus Jones, Jefferson City.

     On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Thursday, May 8, 1997.