Journal of the Senate

FIRST REGULAR SESSION


SIXTY-SIXTH DAY--THURSDAY, MAY 8, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, when the hours get long and the patience short, when the requests from us are many and the things left to give are few, don't let us do something we know we shouldn't, or say anything we'll regret. Lead us to do those things our kids and grandkids will point to with pride. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

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

RESOLUTIONS

     Senator Goode offered Senate Resolution No. 802, regarding Donna Meersman, Chesterfield, which was adopted.

     Senators Wiggins and DePasco offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 803

     WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Harvey A. Jones, of Independence; and

     WHEREAS, Mr. Jones, a lifelong resident of Independence, lived his entire life in the Eastern Jackson County area; and

     WHEREAS, Mr. Jones was a 1929 graduate of William Chrisman High School, Independence, and attended the University of Missouri, Columbia; and

     WHEREAS, beginning in 1932 he joined the family business, begun by his grandfather in 1852, became Independence City Engineer in 1944, later was elected Jackson County Highway Engineer, and became Chief Engineer for the Little Blue Sewer District; and

     WHEREAS, Mr. Jones was a lifelong democrat and was the founder and president of the Congress of Democratic Clubs, and served as first chairman of the Missouri Pollution Control Board which later became the Clean Water Commission; and

     WHEREAS, Mr. Jones was a registered Professional Engineer and Land Surveyor, a member of the Missouri Society of Professional Engineers, a 32nd Degree Shriner, and a member of the First Presbyterian Church of Independence;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of Harvey A. Jones, express their appreciation for his lifetime of good citizenship, and his contributions to Jackson County and to Missouri and extend to his wife, Mrs. Elizabeth R. Jones, family and many friends most sincere sympathy on his death; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mrs. Elizabeth R. Jones, H. Douglas Jones, Robert Jones, Carlye Raine, Sarah Hancock, Mr. Jones, Mr. Joe Bolger, Jr., the Jackson County Legislature, Kansas City Courthouse, the Jackson County Legislature, Independence Courthouse and the City of Independence.

CONCURRENT RESOLUTIONS

     Senator Johnson moved that HCR 28, with SCA 1, be taken up for adoption, which motion prevailed.

     SCA 1 was taken up.

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

     On motion of Senator Johnson, HCR 28, as amended, was adopted by the following vote:
Yeas--Senators
CaskeyChildersClayDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--Rohrbach--1
Absent--Senators
BanksBentleyCurls--3
Absent with leave--Senators--None

     Senator Goode moved that SCS for SCR 7, with HCS, be taken up for adoption, which motion prevailed.

     HCS for SCS for SCR 7 was taken up.

     On motion of Senator Goode, HCS for SCS for SCR 7 was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BanksCurls--2
Absent with leave--Senators--None

     Senator Wiggins moved that SCR 26 be taken up for adoption, which motion prevailed.

     On motion of Senator Wiggins, SCR 26 was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksCurlsSchneider--3
Absent with leave--Senators--None

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 was again taken up.

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

     Senator Howard offered a substitute motion that the Senate refuse to concur in HS for HCS for SB 19 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, and requested a roll call vote be taken. He was joined in his request by Senators Kenney, Klarich, Mueller and Singleton.

     The substitute motion made by Senator Howard failed by the following vote:
Yeas--Senators
BentleyChildersClayEhlmann
GravesHowardKenneyKinder
KlarichRohrbachSingletonYeckel--12
Nays--Senators
BanksCaskeyCurlsDePasco
FlotronGoodeHouseJacob
JohnsonLybyerMathewsonMaxwell
McKennaMuellerQuickRussell
SchneiderScottStaplesWestfall
Wiggins--21
Absent--Senators--Sims--1
Absent with leave--Senators--None

     Senator Staples moved that HS for HCS for SB 19 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
DePascoFlotronGoodeJacob
JohnsonLybyerMathewsonMaxwell
McKennaMuellerQuickSchneider
ScottStaplesWestfallWiggins--20
Nays--Senators
BentleyClayEhlmannGraves
HouseHowardKenneyKinder
KlarichRohrbachRussellSingleton
Yeckel--13
Absent--Senators--Sims--1
Absent with leave--Senators--None

     On motion of Senator Staples, HS for HCS for SB 19 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
DePascoFlotronGoodeHouse
JacobJohnsonLybyerMathewson
MaxwellMcKennaQuickRohrbach
SchneiderScottStaplesWestfall
Wiggins--21
Nays--Senators
BentleyClayEhlmannGraves
HowardKenneyKinderKlarich
MuellerRussellSingletonYeckel--12
Absent--Senators--Sims--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

     HS for HB 390, with SCS, entitled:

     An Act to repeal sections 190.005, 190.010, 190.015, 190.043, 190.055, 190.060, 190.073, 190.093, 190.095, 190.100, 190.105, 190.110, 190.115, 190.120, 190.125, 190.130, 190.135, 190.140, 190.141, 190.150, 190.155, 190.160, 190.165, 190.171, 190.175, 190.180, 190.190, 190.235, 190.237, 190.239, 190.241, 190.243, 190.245 and 190.247, RSMo 1994, and section 190.145 as both versions appear in RSMo Supp. 1996, and section 190.185, RSMo Supp. 1996, relating to emergency services, and to enact in lieu thereof thirty-nine new sections relating to the same subject.

     Was taken up by Senator Quick.

     SCS for HS for HB 390, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 390

     An Act to repeal sections 190.005, 190.010, 190.015, 190.043, 190.055, 190.060, 190.073, 190.093, 190.095, 190.100, 190.105, 190.110, 190.115, 190.120, 190.125, 190.130, 190.135, 190.140, 190.141, 190.150, 190.155, 190.160, 190.165, 190.171, 190.175, 190.180, 190.190, 190.235, 190.237, 190.239, 190.241, 190.243, 190.245 and 190.247, RSMo 1994, and section 190.145 as both versions appear in RSMo Supp. 1996, relating to emergency services, and to enact in lieu thereof thirty-six new sections relating to the same subject.

     Was taken up.

     Senator Quick moved that SCS for HS for HB 390 be adopted.

     Senator Kinder offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 24, Section 190.120, Line 49, by inserting immediately after all of said line the following:

     "190.126. Every ambulance service which is located within the state of Missouri shall have a lien upon any and all claims, counterclaims, demands, suits or rights of action of any person treated or transported by the ambulance service for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates, as such ambulance service shall render such injured person on account of such person's conditions; provided that, the lien herein set forth shall not be applied or considered valid against anyone coming under the workers' compensation law in this state.

     190.127. Notwithstanding the provisions of section 190.126, every ambulance service which is located within the state of Missouri shall have a lien upon any and all claims, counterclaims, demands, suits, or rights of action of any person treated or transported by the ambulance service for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates not to exceed the customary charges for the services, as such ambulance service shall render such injured person on account of such person's conditions. The lien set forth in this section shall not be applied or considered valid against anyone coming under the workers' compensation law in this state. The lien set forth in this section shall be considered valid and may be applied against medical benefits paid anyone pursuant to the provisions of chapter 208, RSMo, whether such benefits are paid from state or federal funds, or a combination thereof.

     190.128. No such lien shall be effective unless a written notice containing the name and address of the injured person, the date of the accident, the name and location of the ambulance service and the name of the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received, shall be sent by registered mail with return receipt requested to the person or persons, firm or firms, corporation or corporations, if known, alleged to be liable to the injured party, if known, for the injuries sustained prior to the payment of any moneys to such injured person, his attorneys or legal representative, as compensation for such injuries. Such ambulance service shall send by registered mail with return receipt requested a copy of such notice to any insurance carrier, if known, which has insured such person, firm or corporation against such liability.

     190.129. Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to the patient's attorneys or heirs or legal representatives as compensation for the injury sustained, after the receipt of such notice in accordance with the requirements of section 190.128, without paying to such ambulance service the amount of its lien or so much thereof as can be satisfied out of ten percent of the moneys due to such patient under any final judgment or compromise or settlement agreement after paying the amount of attorneys' liens, federal and Missouri workers' compensation liens, and any prior liens, shall have a period of one year, after such settlement is made known to the ambulance service, from the date of payment to such patient or such patient's heirs, attorneys or legal representatives, as aforesaid, be and remain liable to such ambulance service for the amount which such ambulance service was entitled to receive, as aforesaid, and any such association, corporation or other institution maintaining such ambulance service may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations making any such payment."; and

     Further amend the title and enacting clause accordingly.

     Senator Kinder moved that the above amendment be adopted.

     Senator Johnson assumed the Chair.

     Senator Schneider offered SSA 1 for SA 1, which was read:

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

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 24, Section 190.120, Line 49, by inserting:

     "190.126. An ambulance service can obtain a lien for services rendered in the same manner as any person with right to obtain a mechanics lien.".

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

     President Wilson assumed the Chair.

     Senator Johnson resumed the Chair.

     SA 1 was again taken up.

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

     Senator House offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 7, Section 190.060, Line 73, by inserting immediately after all of said line the following:

     "5. After August 28, 1997, the board of directors of an ambulance district that proposes to contract for the total management and operation of the ambulance service, when that ambulance district has not previously contracted out for said service, shall hold a public hearing and shall make a finding that the proposed contract to manage and operate the ambulance service will:

     (1) Provide benefits to the public health that outweigh the associated costs;

     (2) Maintain or enhance public access to ambulance service;

     (3) Maintain or improve the public health and promote the continued development of the regional emergency medical services system.

     6. (1) Upon a satisfactory finding following the public hearing in subsection 5 of this section, the ambulance district may enter into the proposed contract, however said contract shall not be implemented for at least ninety days.

     (2) The provisions of subsection 5 of this section shall not apply to contracts which were executed prior to August 28, 1997, or to the renewal or modification of such contracts or to the signing of a new contract with an ambulance service provider for services that were previously contracted out.

     190.074. To levy and collect taxes as herein provided, the board shall fix a rate of levy, not to exceed ten cents on the one hundred dollars valuation of the taxable tangible property within the district as shown by the last completed assessment, the revenues from which shall be deposited in a special fund and used only for the pension program of the district, by submitting the following question to the voters at the municipal general, or a state primary or general election in such district or at any election at which a member of the board of directors is to be elected:

     Shall the board of directors of ....................... Ambulance District be authorized to levy an annual tax rate of ........ cents per one hundred dollars valuation, the revenues from which shall be deposited in a special fund and used only for the pension program of the district?

If a majority of the qualified voters casting votes thereon be in favor of the question, the board of directors shall accordingly levy a tax in accordance with the provisions of this section, but if a majority of the voters casting votes thereon do not vote in favor of the levy authorized by this subsection, any levy previously authorized shall remain in effect."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Quick offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Pages 3-4, Section 190.044, Lines 1-29, by striking all of said lines and inserting in lieu thereof the following:

     "190.044. 1. No taxpayer shall be required to pay property taxes for ground ambulance service to both an ambulance district and a fire protection district which operates a ground ambulance service, unless reaffirmed and authorized pursuant to this section. In the event that a taxpayer in a third class county is paying taxes to both entities to provide ground ambulance service, any taxpayer residing in the area subject to the double tax may file a petition with the county clerk in which the area, or greatest part thereof, is situated requesting that the double tax be eliminated and that the area only pay a tax to one entity.

     2. Upon receipt of such petition, the county clerk shall determine the area taxed by two such entities and place the question before the voters of both districts at the next state or municipal election. The petition shall request that the following question be submitted to the voters residing within the geographic limits of both districts:

     The ..................... (description of area) is currently paying a tax to provide ambulance service to the .................. (name of entity created first) and the .................. (name of entity created second). As a result, shall the tax paid to provide ambulance service to the .................. (name of entity created second) be eliminated?

     [ ] Yes     [ ] No

     3. If a majority of the votes cast are in favor of the elimination of the tax levied and collected by the entity providing ambulance service, then the remaining entity will be declared as the single taxing entity for the area in question. The taxpayers within the area shall thereafter only pay one tax to the remaining entity following a three-year period, over which the tax rate levied and collected shall be decreased by one-third each year until such tax is no longer levied or collected by the entity whose tax was proposed for elimination by the petition. If a majority of the votes cast are opposed to the elimination of the tax, then the tax shall be reaffirmed.

     4. All costs incurred by the county clerk as a result of this section, including election costs, shall be paid by the entity whose tax was proposed for termination by the petition.

     5. The boundaries and service area of the entities providing ambulance service will reflect the change as determined by the election."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Quick offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 32, Section 190.205, Line 1, by deleting the word: "Insurance" and inserting in lieu thereof the following: "Health insurance"; and

     Further amend said bill, page 32, section 190.205, line 4, by deleting the word: "Insurance" and inserting in lieu thereof the following: "Health insurance"; and

     Further amend said bill, page 35, section 190.205, line 122, by inserting at the end of said line the following:

     "12. The procedures established for the payment of benefits in sections 190.001 to 190.245, RSMo, shall not apply to any benefits covered pursuant to any liability policy or coverage issued as a supplement to any liability policy".

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

     Senator Quick offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 57, Section 650.325, Lines 1-9, by striking all of said lines; and

     Further amend said bill, Pages 57-60, Section 650.330, Lines 1-78, by striking all of said lines; and

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for Senate Substitute for House Bill No. 390, Page 20, Section 190.105, Lines 147-155, by striking all of said lines; and further amend line 156, by striking "21." and inserting in lieu thereof the following: "20."; and further amend line 157, by striking the word "an" and inserting in lieu thereof the following: "a non-emergency".

     Senator Schneider moved that the above amendment be adopted.

     Senator Schneider offered SSA 1 for SA 6:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 20, Section 190.105, Lines 147-155, by striking all of said lines; and further amend line 156, by striking "21." and inserting in lieu thereof the following: "20."; and further amend line 159, by striking the word "an" and inserting in lieu thereof the following: "a non-emergency"; and

     Further amend said bill, Page 38, Section 190.245, Line 15, by inserting immediately after said line the following:

     "321.225. 1. A fire protection district may, in addition to its other powers and duties, provide emergency ambulance service within its district if a majority of the voters voting thereon approve a proposition to furnish such service and to levy a tax not to exceed thirty cents on the one hundred dollars assessed valuation to be used exclusively to supply funds for the operation of an emergency ambulance service. The district shall exercise the same powers and duties in operating an emergency ambulance service as it does in operating its fire protection service.

     2. The proposition to furnish emergency ambulance service may be submitted by the board of directors at any municipal general, primary or general election or at any election of the members of the board.

     3. The question shall be submitted in substantially the following form:

     Shall the board of directors of ..... Fire Protection District be authorized to provide emergency ambulance service within the district and be authorized to levy a tax not to exceed thirty cents on the one hundred dollars assessed valuation to provide funds for such service?

     4. If a majority of the voters casting votes thereon be in favor of emergency ambulance service and the levy, the district shall forthwith commence such service.

     5. As used in this section "emergency" means a situation resulting from a sudden or unforeseen situation or occurrence that requires immediate action to save life or prevent suffering or disability.

     6. In addition to all other taxes authorized on or before September 1, 1990, the board of directors of any fire protection district may, if a majority of the voters of the district voting thereon approve, levy an additional tax of not more than forty cents per one hundred dollars of assessed valuation to be used for the support of the ambulance service or partial or complete support of an emergency medical technician defibrillator program or partial or complete support of an emergency medical technician paramedic first responder program. The proposition to levy the tax authorized by this subsection may be submitted by the board of directors at the next annual election of the members of the board or at any regular municipal or school election conducted by the county clerk or board of election commissioners in such district or at a special election called for the purpose, or upon petition of five hundred registered voters of the district. A separate ballot containing the question shall read as follows:

     Shall the board of directors of the .......... Fire Protection District be authorized to levy an additional tax of not more than forty cents per one hundred dollars assessed valuation to provide funds for the support of an ambulance service or partial or complete support of an emergency medical technician defibrillator program or partial or complete support of an emergency medical technician paramedic first responder program?

     [ ] FOR THE PROPOSITION          [ ] AGAINST THE PROPOSITION

     (Place an X in the square opposite the one for which you wish to vote.) If a majority of the qualified voters casting votes thereon be in favor of the question, the board of directors shall accordingly levy a tax in accordance with the provisions of this subsection, but if a majority of voters casting votes thereon do not vote in favor of the levy authorized by this subsection, any levy previously authorized shall remain in effect.

     7. Fire protection districts, in a county surrounding a city not within a county, that currently provide emergency ambulance service may, in addition to its other powers and duties, provide primary ambulance service within its district if a majority of the voters voting thereon approve a proposition to furnish such service. The district shall exercise the same powers and duties in operating a primary ambulance service as it does in operating its fire protection service.

     8. The proposition to furnish primary ambulance service may be submitted by the board of directors at any municipal general, primary or general election or at any election of the members of the board.

     9. The question shall be submitted in substantially the following form:

     Shall the board of directors of ............. Fire Protection District be authorized to provide primary ambulance service to the district.

     10. If a majority of the voters casting votes thereon be in favor of primary ambulance service, the district shall forthwith commence such service.

     11. As used in this section, "primary" means the regular activity by a qualified ambulance service for the purpose of providing rapid response and pre-hospital emergency and non-emergency services including, without limitation, patient assessment, patient treatment, patient preparation for transport and patient transport to appropriate health care facilities."; and

     Further amend the title and enacting clause accordingly.

     Senator Schneider moved that the above substitute amendment be adopted.

     Senator Klarich raised the point of order that SSA 1 for SA 6 is out of order in that it is incorrectly drafted on line 3, by referencing the wrong line designation.

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

     Senator Schneider offered SSA 2 for SA 6:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 20, Section 190.105, Lines 147-155, by striking all of said lines; and further amend line 156, by striking "21." and inserting in lieu thereof the following: "20."; and further amend line 157, by striking the word "an" and inserting in lieu thereof the following: "a non-emergency"; and

     Further amend said bill, Page 38, Section 190.245, Line 15, by inserting immediately after said line the following:

     "321.225. 1. A fire protection district may, in addition to its other powers and duties, provide emergency ambulance service within its district if a majority of the voters voting thereon approve a proposition to furnish such service and to levy a tax not to exceed thirty cents on the one hundred dollars assessed valuation to be used exclusively to supply funds for the operation of an emergency ambulance service. The district shall exercise the same powers and duties in operating an emergency ambulance service as it does in operating its fire protection service.

     2. The proposition to furnish emergency ambulance service may be submitted by the board of directors at any municipal general, primary or general election or at any election of the members of the board.

     3. The question shall be submitted in substantially the following form:

     Shall the board of directors of ..... Fire Protection District be authorized to provide emergency ambulance service within the district and be authorized to levy a tax not to exceed thirty cents on the one hundred dollars assessed valuation to provide funds for such service?

     4. If a majority of the voters casting votes thereon be in favor of emergency ambulance service and the levy, the district shall forthwith commence such service.

     5. As used in this section "emergency" means a situation resulting from a sudden or unforeseen situation or occurrence that requires immediate action to save life or prevent suffering or disability.

     6. In addition to all other taxes authorized on or before September 1, 1990, the board of directors of any fire protection district may, if a majority of the voters of the district voting thereon approve, levy an additional tax of not more than forty cents per one hundred dollars of assessed valuation to be used for the support of the ambulance service or partial or complete support of an emergency medical technician defibrillator program or partial or complete support of an emergency medical technician paramedic first responder program. The proposition to levy the tax authorized by this subsection may be submitted by the board of directors at the next annual election of the members of the board or at any regular municipal or school election conducted by the county clerk or board of election commissioners in such district or at a special election called for the purpose, or upon petition of five hundred registered voters of the district. A separate ballot containing the question shall read as follows:

     Shall the board of directors of the .......... Fire Protection District be authorized to levy an additional tax of not more than forty cents per one hundred dollars assessed valuation to provide funds for the support of an ambulance service or partial or complete support of an emergency medical technician defibrillator program or partial or complete support of an emergency medical technician paramedic first responder program?

     [ ] FOR THE PROPOSITION          [ ] AGAINST THE PROPOSITION

     (Place an X in the square opposite the one for which you wish to vote.) If a majority of the qualified voters casting votes thereon be in favor of the question, the board of directors shall accordingly levy a tax in accordance with the provisions of this subsection, but if a majority of voters casting votes thereon do not vote in favor of the levy authorized by this subsection, any levy previously authorized shall remain in effect.

     7. Fire protection districts, in a county surrounding a city not within a county, that currently provide emergency ambulance service may, in addition to its other powers and duties, provide primary ambulance service within its district if a majority of the voters voting thereon approve a proposition to furnish such service. The district shall exercise the same powers and duties in operating a primary ambulance service as it does in operating its fire protection service.

     8. The proposition to furnish primary ambulance service may be submitted by the board of directors at any municipal general, primary or general election or at any election of the members of the board.

     9. The question shall be submitted in substantially the following form:

     Shall the board of directors of ............. Fire Protection District be authorized to provide primary ambulance service to the district.

     10. If a majority of the voters casting votes thereon be in favor of primary ambulance service, the district shall forthwith commence such service.

     11. As used in this section, "primary" means the regular activity by a qualified ambulance service for the purpose of providing rapid response and pre-hospital emergency and non-emergency services including, without limitation, patient assessment, patient treatment, patient preparation for transport and patient transport to appropriate health care facilities."; and

     Further amend the title and enacting clause accordingly.

     Senator Schneider moved that SSA 2 for SA 6 be adopted.

     At the request of Senator Quick, HS for HB 390, with SCS, as amended, SA 6 and SSA 2 for SA 6 (pending), was placed on the Informal Calendar.

PRIVILEGED MOTIONS

     Senator Caskey moved that HCS for HBs 424 and 534, with SA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     Senator Caskey moved that the Senate recede from its position on SA 1 and the emergency clause, which motion failed on a standing division vote.

     Senator Caskey moved that the Senate refuse to recede from its position on SA 1 and the emergency clause to HCS for HBs 424 and 534, as amended, and grant the House a conference thereon, which motion prevailed.

     Senator Clay moved that the Senate refuse to concur in the House Softball Team's claim of winning the tournament on May 7, 1997, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, and further, the failure to do so will result in the trophy not being returned, which motion prevailed.

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 concurred in SA 1 to HB 722 and has again taken up and passed HB 722 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for HB 711 and has again taken up and passed SS for HB 711.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 802 and has again taken up and passed SCS for HB 802.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 816 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon, and the conferees be allowed to exceed the differences in regard to Section 650.325.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 394 and requests the Senate to recede from its position 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 refuses to recede from its position on HS for HCS for SB 142, as amended, and grants the Senate a conference thereon.

HOUSE BILLS ON SECOND READING

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

     HCS for HB 50--Agriculture, Conservation, Parks and Tourism.

     HB 232--Public Health and Welfare.

     HCS for HBs 508 and 145--Aging, Families and Mental Health.

     HCS for HB 664--Ways and Means.

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 SB 142, as amended: Senators DePasco, McKenna, Caskey, Singleton and Mueller.

REPORTS OF STANDING COMMITTEES

     Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

     Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     Karla M. McLucas, as Director of the Department of Labor and Industrial Relations;

     Also,

     Connie L. Murray, as a member of the Public Service Commission;

     Also,

     Hope E. Whitehead, as Supervisor of the Division of Liquor Control;

     Also,

     Reverend Maurice Joseph Nutt, C.Ss.R., Dorsey Alan Baumgartner and Denise Troy Curry, M.D., as members of the State Mental Health Commission;

     Also,

     Dorothy A. Dunn, Douglas E. Oyer, William C. Prince, Jennie L. Crisp, Carol J. Pastoret and Lynne E. Dresner, as members of the Child Abuse and Neglect Review Board;

     Also,

     John W. Lenox, as a member of the Central Missouri State University Board of Governors;

     Also,

     Richard W. Sullivan, Barbara A. Enneking, John Moten, Jr. and Vivian G. Schmidt, as members of the Board of Election Commissioners for St. Louis County;

     Also,

     Linda F. Mariam, as a member of the St. Charles County Convention and Sports Facilities Authority;

     Also,

     Lyn C. Konstant, Ph.D., R.D., as a member of the Missouri Head Injury Advisory Council;

     Also,

     Lenore T. Weldon and Jandra D. Carter, as members of the Board of Probation and Parole.

     Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

     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 President Pro Tem McKenna.

RESOLUTIONS

     Senator Flotron offered Senate Resolution No. 804, regarding WorldCom of Chesterfield, which was adopted.

     Senator Flotron offered Senate Resolution No. 805, regarding Dr. Roger Clough, Pattonville, which was adopted.

     Senator Klarich offered Senate Resolution No. 806, regarding the West St. Louis County Chamber of Commerce, which was adopted.

     Senator House offered Senate Resolution No. 807, regarding Jeff Pauls, which was adopted.

     Senator Bentley offered Senate Resolution No. 808, regarding the Ozark Branch, Mid America Chapter of the National Multiple Sclerosis Society, 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 refuses to recede from its position on HCA 1; HSA 1 for HCA 2; HA 2; HSA 1 for HA 1 to HSA 1 for HA 3; HSA 1 for HA 3 as amended; HA 4; HA 5; HA 6; to SB 315 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 passed HS for HCS for SCS for SB 141, entitled:

     An Act to repeal sections 327.031, 332.311, 334.031, 334.040, 334.100, 334.715, 337.021, 337.035, 338.043, 338.057, 338.059, 338.060, 338.065, 338.070, 338.100, 338.120, 338.130, 338.140, 338.220, 338.365, 339.507, 339.525 and 620.140, RSMo 1994, and sections 331.030, 334.046, 334.655, 334.735, 334.740, 334.745 and 337.020, RSMo Supp. 1996, relating to the division of professional registration, and to enact in lieu thereof sixty-eight new sections relating to the same subject, with penalty provisions.

     With House Amendments Nos. 1, 2, 3, 4 and 5.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 141, by adding the following section:

     334.080 1. Every person licensed under the provisions of this chapter shall renew his certificate of registration on or before the registration renewal date. The application shall be made under oath on a form furnished by the board. The application shall include, but not be limited to, disclosure of the following: the applicant's full name and his office and residence address and the date and number of his license; all final disciplinary actions taken against the applicant by any professional medical or osteopathic association or society, licensed hospital or medical staff of the hospital, state, territory federal agency or country; and, information concerning the applicant's current physical and mental fitness to practice as a physician and surgeon.

     2. A blank form for application for registration shall be mailed to each person licensed in this state at his last known office or residence address. The failure to receive it does not, however, relieve any person of the duty to register and pay the fee required by the chapter nor exempt him from the penalties provided by this chapter for failure to register.

     3. If a person licensed, certified, or registered by the Board of Healing Arts does not renew such license, certification, or registration for two consecutive renewal periods, such license, certification, or registration shall be deemed void.

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 141, Page 61, Section 338.057, Line 3, by inserting after the word "pharmacy." the following: "The department of health, the state board of registration for the healing arts and the state board of pharmacy shall meet on a semiannual basis to consider information from all interested parties and the Federal Food and Drug Administration Approved Drug Products with Therapeutic Equivalence Evaluations (FDA Orange Book) in making their joint determination. Notice of such meetings shall be published in the Missouri Register.".

HOUSE AMENDMENT NO. 3

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 141, Page 1, In the Title, Line 11, by deleting the word "sixty-eight" and inserting in lieu thereof the word "sixty-nine"; and

     Further amend said bill, Page 2, Section A, Line 1 of said page, by deleting the word "sixty-eight" and inserting in lieu thereof the word "sixty-nine"; and

     Further amend said bill, Page 2, Section A, Line 9 of said page, by deleting the word and number "and 37" and inserting in lieu thereof the following: ", 37 and 38"; and

     Further amend said bill, Page 121, Section 37, Line 2 of said page, by inserting after all of said line the following:

     "Section 38. Any person performing inspections for evidence of wood destroying insects at the request of the buyer, seller or lending institution for real estate transactions shall have in effect a valid Missouri certified commercial applicator's license, pesticide technician's license working under the direct supervision of a certified commercial applicator, certified noncommercial applicator's license or a certified public operator's license in subcategory 7b-termite pest control issued pursuant to chapter 281, RSMo.".

HOUSE AMENDMENT NO. 4

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 141, Page 117, Section 36, Line 8, by deleting all of said section and inserting in lieu thereof the following:

     Section 36. 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 House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 141, Page 57, Section 337.035, Line 1 of said page, by inserting after the word "person" the following: "who is related with the second degree of consanguinity or affinity and".

     In which the concurrence of the Senate is respectfully requested.

CONCURRENT RESOLUTIONS

     Senator DePasco moved that HCR 24 be taken up for adoption, which motion prevailed.

     On motion of Senator DePasco, HCR 24 was adopted by the following vote:
Yeas--Senators
CaskeyChildersCurlsDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BanksBentleyClayStaples--4
Absent with leave--Senators--None

PRIVILEGED MOTIONS

     Senator Klarich moved that the Senate refuse to recede from its position on SCS for HB 394 and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HB 394: Senators Staples, Scott, McKenna, Klarich and Flotron.

HOUSE BILLS ON THIRD READING

     Senator Quick moved that HS for HB 390, with SCS, as amended, SA 6 and SSA 2 for SA 6 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SSA 2 for SA 6 was again taken up.

     At the request of Senator Schneider, SSA 2 for SA 6 was withdrawn.

     SA 6 was again taken up.

     Senator Schneider offered SSA 3 for SA 6, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 3

FOR SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 20, Section 190.105, Line 157, by striking the word "an" and inserting in lieu thereof the following: "a non-emergency".

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

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Quick moved that the vote by which SA 5 to HS for HB 390 was adopted, be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsEhlmann--3
Absent with leave--Senators--None

     SA 5 was again taken up.

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

     Senator Maxwell offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 57, Section 650.325, Line 2, by inserting between the quotation mark and the word "Committee" the word "Advisory"; and

     Further amend said bill, page 59, Section 650.325, line 64, by adding immediately following the word "services" the words ", however, said committee shall not supercede decision making authority of local political subdivisions in regard to 911 services"; and

     Further amend said bill, page 59, Section 650.325, line 63, by immediately adding after the word "provide", the word "requested".

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

     Senator Maxwell offered SA 8:

SENATE AMENDMENT NO. 8

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Pages 8-9, Section 190.100, Lines 64-77, by striking all of said lines and inserting in lieu thereof the following:

     "(10) "Emergency medical condition", the sudden and, at the time, unexpected onset of a health condition that manifests itself by symptoms of sufficient severity that would lead a prudent layperson, possessing an average knowledge of health and medicine, to believe that immediate medical care is required, which may include, but shall not be limited to:

     (a) Placing the person's health in significant jeopardy;

     (b) Serious impairment to a bodily function;

     (c) Serious dysfunction of any bodily organ or part;

     (d) Inadequately controlled pain; or

     (e) With respect to a pregnant woman who is having contractions:

     a. That there is inadequate time to effect a safe transfer to another hospital before delivery; or

     b. That transfer to another hospital may pose a threat to the health or safety of the woman or unborn child;"; and

     Further amend said bill and section, page 10, lines 115 to 125, by striking all of said lines and inserting in lieu thereof the following:

     "(18) "Emergency services", health care items and services furnished or required to screen and stabilize an emergency medical condition, which may include, but shall not be limited to, health care services that are provided in a licensed hospital's emergency facility by an appropriate provider;".

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

     Senator Mathewson offered SA 9:

SENATE AMENDMENT NO. 9

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 18, Section 190.105, Line 75, by inserting after all of said line the following:

     "9. The provisions of subsections 7 and 8 of this section shall not apply to any political subdivision that has previously utilized a private ambulance service and such service has been terminated by either the political subdivision or the private ambulance service. Such political subdivision may provide ambulance service at its discretion."; and

     Further renumber the remaining subsections accordingly.

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

     Senator Wiggins assumed the Chair.

     Senator McKenna offered SA 10:

SENATE AMENDMENT NO. 10

     Amend Senate Committee Substitute for House Substitute for House Bill No. 390, Page 57, Section 190.247, Line 5, by inserting immediately after all of said line the following:

     "321.017. Notwithstanding the provisions of section 321.015, no employee of any fire protection district or ambulance district shall serve as a member of any fire district or ambulance district board while such person is employed by any fire district or ambulance district, except that [an] a salaried employee of a fire protection district or an ambulance district may serve as a member of a voluntary fire protection district board or a voluntary ambulance district board[.]if the salaried employee is engaged in a management position with said district. A management position shall be deemed the administrator or assistant administrator of an ambulance district or the chief or assistant chief of a fire district."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Quick moved that SCS for HS for HB 390, as amended, be adopted, which motion prevailed.

     On motion of Senator Quick, SCS for HS for HB 390, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
FlotronGravesHouseHoward
JohnsonKenneyKinderLybyer
MathewsonMaxwellMcKennaMueller
RussellWestfallWiggins--19
Nays--Senators
BentleyEhlmannGoodeJacob
KlarichQuickRohrbachSchneider
ScottSimsSingletonStaples
Yeckel--13
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 791, introduced by Representative Stoll, entitled:

     An Act to repeal section 493.050, RSMo 1994, relating to publication of legal notices, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator McKenna.

     Senator McKenna offered SS for HB 791, entitled:

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 791

     An Act to repeal sections 493.027, 493.030 and 493.050, RSMo 1994, relating to publication of legal notices, and to enact in lieu thereof three new sections relating to the same subject.

     Senator McKenna moved that SS for HB 791 be adopted, which motion prevailed.

     On motion of Senator McKenna, SS for HB 791, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--Maxwell--1
Absent--Senators
ClayCurlsLybyer--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HCS for HB 331, with SCS, entitled:

     An Act to repeal sections 86.260 and 86.267, RSMo 1994, and sections 86.256, 86.280, 86.283 and 86.287, RSMo Supp. 1996, relating to certain police retirement systems, and to enact in lieu thereof seven new sections relating to the same subject.

     Was taken up by Senator Scott.

     SCS for HCS for HB 331, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 331

     An Act to repeal sections 86.260, 86.267, 86.387, 86.447, 86.450, 86.453, 86.457, 86.463, 86.467, 86.620, 86.650 and 86.670, RSMo 1994, and sections 86.253, 86.256, 86.370, 86.430, 86.600, 86.630 and 86.672, RSMo Supp. 1996, relating to retirement systems of certain political subdivisions, and to enact in lieu thereof twenty-one new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Scott moved that SCS for HCS for HB 331 be adopted.

     Senator Quick offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 331, Page 33, Section 86.810, Line 13, by inserting immediately after all of said line the following:

     "Section 1. As referred to in sections 92.110 and 92.210 RSMo, the terms salaries, wages, commissions and other compensation shall not include any contributions to any deferred compensation plans, such as but not limited to, any salary reduction plans, cafeteria plans or any other similar plans deferring the receipt of compensation by a resident or non-resident if such contribution is not subject to Missouri State income tax at the time such contribution is made"; and

     Further amend said bill, by amending the title and enacting clause accordingly.

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

     Senator Scott moved that SCS for HCS for HB 331, as amended, be adopted, which motion prevailed.

     On motion of Senator Scott, SCS for HCS for HB 331, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 105, introduced by Representatives Copeland and Gaw, entitled:

     An Act to repeal section 163.021, RSMo Supp. 1996, and to enact in lieu thereof one new section for the purpose of permitting school districts in counties which have a nuclear power plant or have an electric power generation unit with a rated generating capacity of more than one hundred fifty megawatts which is owned or operated by a rural electric cooperative to increase their operating levy.

     Was taken up by Senator Lybyer.

     President Pro Tem McKenna resumed the Chair.

     On motion of Senator Lybyer, HB 105 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayEhlmann--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HCS for HB 459, entitled:

     An Act to repeal section 136.055, RSMo 1994, and section 301.030, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up by Senator Mathewson.

     Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bill No. 459, Pages 1-2, Section 136.055, Lines 7-13, by striking all of said lines and inserting in lieu thereof the following:

     "(1) For each motor vehicle or trailer license sold, renewed or transferred--[one dollar and fifty cents] two dollars from the effective date of this act until January 1, 1998; and two dollars and fifty cents beginning January 1, 1998;

     (2) For each application or transfer of title--[one dollar and fifty cents] two dollars from the effective date of this act until January 1, 1998; and two dollars and fifty cents beginning January 1, 1998;

     (3) For each chauffeur's, operator's or driver's license--two dollars until January 1, 1998; and two dollars and fifty cents beginning January 1, 1998;"; and

     Further amend said bill, Page 2, Section 136.055, Lines 19-21, by striking all of said lines and renumbering the remaining subsections accordingly.

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

     Senator Flotron offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend House Committee Substitute for House Bill No. 459, Page 3, Section 301.030, Line 39, by adding one new section after said line to read as follows:

     "Section 1. Any other provision of the law to the contrary notwithstanding no contractual provision between the department of revenue and its agents which prohibits said agent from employing a lobbyist shall be binding on said agent, and no subsequent contracts shall contain such a provision.".

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

     On motion of Senator Mathewson, HCS for HB 459, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
CaskeyChildersCurlsDePasco
EhlmannFlotronGoodeHouse
HowardJacobJohnsonLybyer
MathewsonMaxwellMcKennaQuick
RussellScottStaplesWestfall
Wiggins--21
Nays--Senators
BentleyGravesKenneyKinder
KlarichMuellerRohrbachSims
SingletonYeckel--10
Absent--Senators
BanksClaySchneider--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 32, with SCS, was placed on the Informal Calendar.

     HS for HCS for HBs 69 and 179 and HCS for HB 669, with SCS, were placed on the Informal Calendar.

     HB 129, with SCA 1, introduced by Representative Shear, entitled:

     An Act to amend chapter 376, RSMo, relating to health insurance by adding thereto one new section relating to the same subject.

     Was taken up by Senator Sims.

     SCA 1 was taken up.

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

     Senator Sims offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Bill No. 129, Page 1, Section 376.1209, Line 9, by striking the following: "and achieve symmetry" and inserting in lieu thereof the following: "symmetry as recommended by the oncologist or primary care physician.".

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

     On motion of Senator Sims, HB 129, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayFlotron--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 339, introduced by Representatives Kreider and Crump, entitled:

     An Act to amend chapters 491 and 540, RSMo, relating to witnesses by adding thereto two new sections relating to the same subject.

     Was taken up by Senator Caskey.

     On motion of Senator Caskey, HB 339, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannGoodeGravesHouse
HowardJohnsonKenneyKinder
LybyerMathewsonMaxwellMueller
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--25
Nays--Senators
BanksCurlsFlotronJacob
McKennaScott--6
Absent--Senators
ClayKlarichQuick--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HCS for HBs 87 and 264 was placed on the Informal Calendar.

     HCS for HB 620, entitled:

     An Act to repeal section 392.410, RSMo Supp. 1996, relating to certificate of public convenience and necessity for telecommunications service, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator Quick.

     Senator Goode offered SS for HCS for HB 620, entitled:

SENATE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 620

     An Act to repeal section 392.410, RSMo Supp. 1996, relating to certificate of public convenience and necessity for telecommunications service, and to enact in lieu thereof one new section relating to the same subject.

     Senator Goode moved that SS for HCS for HB 620 be adopted.

     At the request of Senator Quick, HCS for HB 620, with SS (pending), was placed on the Informal Calendar.

     HS for HCS for HBs 69 and 179 and HCS for HB 669, with SCS, entitled, respectively:

     An Act to repeal section 70.820 and 544.170, RSMo 1994, relating to peace officers' arrest powers, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

     An Act to repeal section 542.276, RSMo 1994, relating to law enforcement, and to enact in lieu thereof two new sections relating to the same subject.

     Were called from the Informal Calendar and taken up by Senator Schneider.

     SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 69 and 179

AND HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 669

     An Act to repeal section 70.820, RSMo 1994, and section 544.157, RSMo Supp. 1996, relating to peace officers' arrest powers, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Schneider moved that SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669 be adopted.

     Senator Russell offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Page 1, In the Title, Line 4, by deleting the word "two" and inserting in lieu thereof the word "seven"; and

     Further amend said bill, Page 1, In the Title, Line 5, by inserting after the word "provisions" the following: "and an emergency clause for certain sections"; and

     Further amend said bill, Page 5, Section 544.157, Line 57, by inserting after all of said line the following:

     "Section B. Chapter 306, RSMo, is amended by adding thereto five new sections, to be known as sections 306.230, 306.232, 306.234, 306.236 and 306.238, to read as follows:

     306.230. As used in sections 306.230 to 306.238, the following words shall have the meanings given:

     (1) "Lake", any lake included in the definition of waters of the state in section 306.010, RSMo;

     (2) "Raft", to anchor, moor, tie, bind or otherwise combine in any way so as to create a single unit; and it shall mean a combination of vessels which has been created as described in this subdivision; but it shall not include any vessel moored at a permanent, permitted dock;

     (3) "Vessel", every motorboat and every description of motorized watercraft, excluding any watercraft powered by sail or a combination of sail and machinery.

     306.232. 1. No person or persons shall raft together more than twelve vessels on any lake in this state.

     2. No raft of vessels shall be located less than three hundred feet from another raft of vessels.

     3. No person or persons shall moor, anchor, tie or otherwise position fully or partially on shore more than three vessels in a group in any cove in a lake where such waters are bordered on three sides by state park land. Each such group shall maintain a minimum separation distance of one hundred feet between every other group of vessels. This subsection shall not apply to shoreline immediately adjacent to established and designated camping facilities.

     4. Each operator of a vessel in violation of this section is guilty of a class B misdemeanor. If a vessel is unoccupied or otherwise unclaimed by any operator, the owner of the vessel shall be in violation of this section, whether present or not.

     5. Any person who violates this section and has previously been found in violation of this section shall be guilty of a class A misdemeanor.

     306.234. 1. No person upon a lake shall commit any of the following acts:

     (1) Exposure of such person's genitals under circumstances where a reasonable person would believe that such conduct would likely cause affront or alarm; or

     (2) Have sexual contact in the presence of a third person or persons under circumstances where a reasonable person would believe that such conduct would likely cause affront or alarm.

     2. Any person who violates the provisions of this section is guilty of a class B misdemeanor. A person who violates this section and has been found to have committed a previous violation is guilty of a class A misdemeanor.

     3. A violation of this section shall not be considered a sexual offense.

     4. A water patrol officer may arrest a person on sight for a violation of this section or section 566.093, RSMo.

     306.236. 1. The state water patrol shall have the authority to disperse any raft of vessels where the officer has reason to believe a state law has been violated. Any person failing to disperse within a reasonable period of time shall be guilty of a class C misdemeanor.

     2. The state water patrol may request and receive the assistance of a county sheriff or the state highway patrol in enforcing the provisions of sections 306.230 to 306.238.

     3. The sheriff of any county bordering a lake shall have the authority to enforce the provisions of chapter 306, RSMo, relating to the safe operation of vessels, the provisions of chapter 195, RSMo, relating to controlled substances, and the provisions of the criminal code upon the lake.

     306.238. Any vessel used by or with the permission of its owner in the commission of a felony, or as a site for the commission of a felony, under chapter 195, RSMo, shall be subject to forfeiture under the provisions of sections 513.600 to 513.645, RSMo.

     Section C. Because of the need for safety, public decency and the protection of shoreline upon the lakes of this state, the provisions of section B of this act are hereby declared to be an emergency act within the meaning of the constitution, and section B of this act shall be in full force and effect upon its passage and approval.".

     Senator Russell moved that the above amendment be adopted.

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

     Senator Wiggins resumed the Chair.

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

     At the request of Senator Russell, SA 1 was withdrawn, rendering the point of order moot.

     President Pro Tem McKenna resumed the Chair.

     Senator Scott offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Page 5, Section 544.157, Line 57, by inserting immediately after all of said line the following:

     "Section 1. All causes of action whatsoever against the members of the St. Louis board of police commissioners shall be commenced in the circuit court of the city of St. Louis."; and

     Further amend the title and enacting clause accordingly.

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

     President Wilson resumed the Chair.

     Senator Rohrbach offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Page 5, Section 544.167, Line 57, by inserting immediately after all of said line the following:

     "Section 1. Any person who is elected to the office of city marshal after January 1, 1997, and has previously served as an elected city marshal for the same city for at least ten years shall not be required to satisfy the minimum training requirements pursuant to the provisions of sections 590.100 to 590.180.

     Section B. Because of the need for elected law enforcement officials to carry out the duties of their office, section 1 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and section 1 of this act is hereby declared to be an emergency act within the meaning of the constitution, and section 1 of this act shall be in full force and effect upon its passage and approval."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Wiggins offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Page 1, In the Title, Line 3, by striking the words "peace officers' arrest powers" and inserting in lieu thereof the words "law enforcement"; and

     Further amend said bill, Page 3, Section 70.820, Line 69, by inserting immediately after all of said line the following:

     "313.817. 1. Except as permitted in this section, the licensee licensed to operate gambling games shall permit no form of wagering on gambling games.

     2. The licensee may receive wagers only from a person present on a licensed excursion gambling boat.

     3. Wagering shall not be conducted with money or other negotiable currency. The licensee shall exchange the money of each wagerer for tokens, chips, or other forms of credit to be wagered on the gambling games. The licensee shall exchange the gambling tokens, chips, or other forms of wagering credit for money at the request of the wagerer.

     4. A person under twenty-one years of age shall not enter or attempt to enter an excursion gambling boat or make or attempt to make a wager on an excursion gambling boat and shall not be allowed in the area of the excursion boat where gambling is being conducted; provided that employees of the licensed operator of the excursion gambling boat who have attained eighteen years of age shall be conducted when performing employment-related duties, except that no one under twenty-one years of age may be employed as a dealer or accept a wager on an excursion gambling boat. The governing body of a home dock city or county may restrict the age of entrance onto an excursion gambling boat by passage of a local ordinance. Any person who violates the provisions of this subsection shall be guilty of a class C misdemeanor.

     5. A licensee shall only allow wagering and conduct gambling games at the times allowed by the commission."; and

     Further amend said bill, Page 5, Section 544.157, Line 57, by inserting immediately after all of said line the following:

     "Section 1. 1. The commission may promulgate rules creating a "List of Excluded Persons" to implement the provisions of this subsection. The list may include any person who has been convicted of a crime of moral turpitude or has a notorious or unsavory reputation which would adversely affect public confidence and trust in gaming.

     2. Any person barred by the commission from entering an excursion gambling boat or adjacent facilities shall be guilty of a class B misdemeanor if such person enters an excursion gambling boat or its adjacent facilities.

     Section 2. For purposes of section 99.460, RSMo, and section 353.130, RSMo, no authority, city, county or urban redevelop-ment corporation shall have the right to acquire any real property by exercise of its power of eminent domain or use general revenue or other funds acquired by said authority to acquire real property, for the purpose of locating an excursion gambling boat that is licensed or will be licensed pursuant to the provisions of sections 313.800 to 313.850, RSMo, by the Missouri gaming commission."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Page 3, Section 70.820, Line 69, by inserting after the word "participating." the following: "A federal law enforcement officer is a person employed by the United States government who is empowered to effect an arrest with or without a warrant for violation of the United States Code and who is authorized to carry a firearm in the performance of the person's official duties as a federal law enforcement officer.".

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

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Rohrbach moved that the vote by which SA 4 was adopted be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonWestfallWigginsYeckel--28
Nays--Senators--Banks--1
Absent--Senators
ClayCurlsLybyerScott
Staples--5
Absent with leave--Senators--None

     SA 4 was again taken up.

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

     Senator Russell offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Page 1, In the Title, Line 4, by deleting the word "two" and inserting in lieu thereof the word "seven"; and

     Further amend said bill, Page 1, In the Title, Line 5, by inserting after the word "provisions" the following: "and an emergency clause for certain sections"; and

     Further amend said bill, Page 5, Section 544.157, Line 57, by inserting after all of said line the following:

     "Section B. Chapter 306, RSMo, is amended by adding thereto five new sections, to be known as sections 306.230, 306.232, 306.234, 306.236 and 306.238, to read as follows:

     306.230. As used in sections 306.230 to 306.238, the following words shall have the meanings given:

     (1) "Lake", any lake included in the definition of waters of the state in section 306.010, RSMo;

     (2) "Raft", to anchor, moor, tie, bind or otherwise combine in any way so as to create a single unit; and it shall mean a combination of vessels which has been created as described in this subdivision; but it shall not include any vessel moored at a permanent, permitted dock;

     (3) "Vessel", every motorboat and every description of motorized watercraft, excluding any watercraft powered by sail or a combination of sail and machinery.

     306.232. 1. No person or persons shall raft together more than twelve vessels on any lake in this state.

     2. No raft of vessels shall be located less than three hundred feet from another raft of vessels.

     3. No person or persons shall moor, anchor, tie or otherwise position fully or partially on shore more than three vessels in a group in any cove in a lake where such waters are bordered on three sides by state park land. Each such group shall maintain a minimum separation distance of one hundred feet between every other group of vessels. This subsection shall not apply to shoreline immediately adjacent to established and designated camping facilities.

     306.234. 1. No person upon a lake shall commit any of the following acts:

     (1) Exposure of such person's genitals under circumstances where a reasonable person would believe that such conduct would likely cause affront or alarm; or

     (2) Have sexual contact in the presence of a third person or persons under circumstances where a reasonable person would believe that such conduct would likely cause affront or alarm.

     2. A water patrol officer may arrest a person on sight for a violation of this section or section 566.093, RSMo.

     306.236. 1. The state water patrol shall have the authority to disperse any raft of vessels where the officer has reason to believe a state law has been violated. Any person failing to disperse within a reasonable period of time shall be guilty of a class C misdemeanor.

     2. The state water patrol may request and receive the assistance of a county sheriff or the state highway patrol in enforcing the provisions of sections 306.230 to 306.238.

     3. The sheriff of any county bordering a lake shall have the authority to enforce the provisions of chapter 306, RSMo, relating to the safe operation of vessels, the provisions of chapter 195, RSMo, relating to controlled substances, and the provisions of the criminal code upon the lake.

     Section C. Because of the need for safety, public decency and the protection of shoreline upon the lakes of this state, the provisions of section B of this act are hereby declared to be an emergency act within the meaning of the constitution, and section B of this act shall be in full force and effect upon its passage and approval.".

     Senator Russell moved that the above amendment be adopted.

     Senator Wiggins raised the point of order that SA 6 is out of order in that it goes beyond the scope and intent of the original bill.

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

     At the request of Senator Russell, SA 6 was withdrawn, rendering the point of order moot.

     Senator Kinder offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Page 5, Section 544.157, Line 57, by inserting immediately after all of said line the following:

     "571.030. 1. A person commits the crime of unlawful use of weapons if he knowingly:

     (1) Carries concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

     (2) Sets a spring gun; or

     (3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or

     (4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

     (5) Possesses or discharges a firearm or projectile weapon while intoxicated; or

     (6) Discharges a firearm within one hundred yards of any occupied school house, courthouse, or church building; or

     (7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

     (8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or

     (9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, while within any city, town, or village, and discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense.

     2. Subdivisions (1), (3), (4), (6), (7), (8) and (9) of subsection 1 of this section shall not apply to or affect any of the following:

     (1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

     (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

     (3) Members of the armed forces or national guard while performing their official duty;

     (4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

     (5) Any person whose bona fide duty is to execute process, civil or criminal;

     (6) Any federal probation officer; [and]

     (7) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo[.];

     (8) Any peace officer retired from service as a peace officer, including federal, provided such person was, prior to retirement, certified as a peace officer pursuant to chapter 590, RSMo;

     (9) Any retired Missouri state court judge; and

     (10) Any retired Missouri prosecuting or circuit attorney and their assistants.

     3. Subdivisions (1), (5) and (8) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state.

     4. Unlawful use of weapons is a class D felony unless committed under subdivision (5), (6), (7) or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision (9) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection 1 of this section results in injury or death to another person, it is a class A felony.

     5. Violations of subdivision (9) of subsection 1 of this section shall be punished as follows:

     (1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;

     (2) For any violation by a prior offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;

     (3) For any violation by a persistent offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;

     (4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.

     6. Any person knowingly aiding or abetting any other person in the violation of subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons."; and

     Further amend the title and enacting clause accordingly.

     Senator Kinder moved that the above amendment be adopted.

     Senator Banks raised the point of order that SA 7 is out of order, as the amendment goes beyond the scope and title of the bill.

     Senator Maxwell assumed the Chair.

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

     Senator Schneider offered SA 8, which was read:

SENATE AMENDMENT NO. 8

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Pages 3 to 5, Section 544.157, Lines 1 to 57, by striking all of said section; and further amend the title and enacting clause accordingly.

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

     Senator Russell offered SA 9:

SENATE AMENDMENT NO. 9

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, Page 5, Section 544.157, Line 57, by inserting after all of said line the following:

     "306.230. As used in sections 306.230 to 306.238, the following words shall have the meanings given:

     (1) "Lake", any lake included in the definition of waters of the state in section 306.010, RSMo;

     (2) "Raft", to anchor, moor, tie, bind or otherwise combine in any way so as to create a single unit; and it shall mean a combination of vessels which has been created as described in this subdivision; but it shall not include any vessel moored at a permanent, permitted dock;

     (3) "Vessel", every motorboat and every description of motorized watercraft, excluding any watercraft powered by sail or a combination of sail and machinery.

     306.232. 1. No person or persons shall raft together more than twelve vessels on any lake in this state.

     2. No raft of vessels shall be located less than three hundred feet from another raft of vessels.

     3. No person or persons shall moor, anchor, tie or otherwise position fully or partially on shore more than three vessels in a group in any cove in a lake where such waters are bordered on three sides by state park land. Each such group shall maintain a minimum separation distance of one hundred feet between every other group of vessels. This subsection shall not apply to shoreline immediately adjacent to established and designated camping facilities."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider moved that SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, as amended, be adopted, which motion prevailed.

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

     On motion of Senator Schneider, SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyClayCurls--3
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
CaskeyChildersDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--Banks--1
Absent--Senators
BentleyClayCurls--3
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 Johnson moved that motion lay on the table, which motion prevailed.

     President Wilson resumed the Chair.

     HCS for HBs 87 and 264, entitled:

     An Act to repeal sections 64.170 and 64.205, RSMo 1994, relating to county building codes, and to enact in lieu thereof three new sections relating to the same subject.

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

     Senator Johnson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bills Nos. 87 and 264, Page 2, Section 64.205, Line 2, by inserting after said section the following and amend the title and enacting clause accordingly:

     "67.212. The County commission of any county may replace any member on any board over which the commission has the authority to appoint members for failing without good cause to attend meetings of the board.

     67.400. The governing body of any city, town, village, or county [of the first classification and any county of the first class with a charter form of government] may enact orders or ordinances to provide for vacation and the mandatory demolition of buildings and structures or mandatory repair and maintenance of buildings and structures within the corporate limits of the city, town, village or county which are detrimental to the health, safety or welfare of the residents and declared to be a public nuisance.".

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

     Senator Flotron offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend House Committee Substitute for House Bills Nos. 87 and 264, Page 2, Section 64.175, Line 2, by inserting after the words "enforce a" the following: "a code governing outdoor advertising and"; and

     Further amend said bill and section, line 26, by inserting after said line the following:

     "5. Any city that maintains the city engineer or other similar city official shall have the authority to determine the height, spacing and lighting of structures governed by the provisions of section 226.540 RSMo.".

     Senator Flotron moved that the above amendment be adopted.

     Senator House raised the point of order that SA 2 is out of order in that the amendment exceeds the scope of the bill.

     At the request of Senator Flotron, SA 2 was withdrawn, rendering the point of order moot.

     Senator Flotron offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend House Committee Substitute for House Bills Nos. 87 and 264, Page 2, Section 64.175, Line 26, by inserting after said line the following:

     "5. Any city that has a building code shall have the authority to determine the height, spacing and lighting of structures governed by the provisions of section 226.540 RSMo.".

     Senator Flotron moved that the above amendment be adopted.

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

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

     SA 3 was again taken up.

     Senator Ehlmann offered SA 1 to SA 3, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

     Amend Senate Amendment No. 3 to House Committee Substitute for House Bills Nos. 87 and 264, Page 1, Section 64.175, Line 10, by adding the following: "Including the billboards on the TWA Dome.".

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Jacob raised the point of order that SA 1 to SA 3 is out of order in that the amendment is not germane to the bill.

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

     SA 1 to SA 3 was again taken up.

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

     SA 3, as amended, was again taken up.

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

     Senator Mathewson resumed the Chair.

     Senator Westfall offered SA 4:

SENATE AMENDMENT NO. 4

     Amend House Committee Substitute for House Bills Nos. 87 and 264, Page 2, Section 64.205, Line 2, by inserting after all of said line the following:

     "Section 1. The provisions of section 67.400 shall apply to counties of the first and second classification and only those counties of the third classification that have adopted building codes."; and

     Further amend the title and enacting clause accordingly.

     Senator Westfall moved that the above amendment be adopted.

     At the request of Senator House, HCS for HBs 87 and 264, with SA 4 (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 House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 6 and has taken up and passed CCS for HB 6.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 7 and has taken up and passed CCS for HB 7.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 8 and has taken up and passed CCS for HB 8.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 9 and has taken up and passed CCS for HB 9.

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 18, 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 19, 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. 19, Page 1, Section 19.090, Line 2, by deleting said line and inserting in lieu thereof the following:

"For the Division of Environmental Quality".

     President Pro Tem McKenna resumed the Chair.

CONFERENCE COMMTITEE REPORTS

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 6, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 6

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 6, as amended, begs leave to report that we, after open, 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:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 6, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 6, as amended, and the Conference Committee Substitute for House Bill No. 6, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheile Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Phil Tate

/s/ John T. Russell      /s/ Bonnie Sue Cooper

/s/ Marvin Singleton      /s/ J. E. Graham

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ChildersClay--2
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 6, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 6

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoGoodeGraves
HowardJacobJohnsonKinder
LybyerMathewsonMaxwellQuick
RohrbachRussellScottSingleton
StaplesWestfallWiggins--23
Nays--Senators
EhlmannFlotronHouseKenney
KlarichMcKennaMuellerSchneider
SimsYeckel--10
Absent--Senators--Clay--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 7, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 7

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 7, as amended, begs leave to report that we, after open, 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:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 7, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 7, as amended, and the Conference Committee Substitute for House Bill No. 7, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Phil Tate

/s/ John T. Russell      /s/ Bonnie Sue Cooper

/s/ Marvin Singleton      /s/ Emmy McClelland

     Senator Lybyer moved that the above conference committee report be adopted.

     Senator Mueller offered a substitute motion that the Senate refuse to adopt the conference committee report on SCS for HCS for HB 7 and request the House to grant further conference, which motion failed.

     Senator Lybyer moved that the conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWiggins--31
Nays--Senators
MuellerYeckel--2
Absent--Senators--Clay--1
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 7, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 7

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and the Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWiggins--30
Nays--Senators
MuellerYeckel--2
Absent--Senators
ClayStaples--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 8, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 8

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 8, as amended, begs leave to report that we, after open, 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:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 8, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 8, as amended, and the Conference Committee Substitute for House Bill No. 8, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Richard Franklin

/s/ John T. Russell      /s/ Bonnie Sue Cooper

/s/ Marvin Singleton      /s/ Charlie Shields

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 8, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 8

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 9, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 9

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 9, as amended, begs leave to report that we, after open, 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:

     That the House recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 9, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 9, and the Conference Committee Substitute for House Bill No. 9, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Scott Lakin

/s/ John T. Russell      /s/ Pat Kelly

/s/ Marvin Singleton      /s/ Rich Chrismer

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 9, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 9

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

RESOLUTIONS

     Senator Mueller offered Senate Resolution No. 809, regarding the death of Coy L. Breuer, Jefferson City, which was adopted.

     Senator Flotron offered Senate Resolution No. 810, regarding Mr. Glennon L. Bourbon, Maryland Heights, which was adopted.

     Senator Schneider offered Senate Resolution No. 811, regarding the Child Care Program and Child Development Laboratory Center at St. Louis Community College at Florissant Valley, which was adopted.

     Senator Maxwell offered Senate Resolution No. 812, regarding Mr. Nelson J. Glasgow, Arbela, which was adopted.

     Senators Mueller, Banks, Flotron, Goode, Russell, Schneider, Scott and Westfall offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 813

     WHEREAS, it is always a sad and solemn occasion when the members of the Missouri Senate pause to honor the memory of an individual who had rendered invaluable service to his fellow citizens through effective leadership in the legislative branch of state government; and

     WHEREAS, the Honorable R. J. "Bus" King, former member of the Missouri House of Representatives, passed to his eternal reward on April 19, 1997, leaving a legacy rich in achievement as a dedicated and respected public servant; and

     WHEREAS, a native of St. Clair who was educated at the University of Missouri-Columbia, Mr. King had enjoyed a long, productive, and successful career in the Missouri General Assembly, where he was representative from Franklin County from 1943 to 1949 and representative from St. Louis County from 1958 to 1972; and

     WHEREAS, one of the most knowledgeable people in state government, Mr. King had enjoyed the honor, privilege, and distinction of being elected to serve as Republican Majority Floor Leader in 1948, and as Republican Minority Floor Leader from 1967 - 1970, positions in which he had given untiringly of himself for the overall good of the state; and

     WHEREAS, during his tenure as a state legislator, Mr. King served on a variety of important committees, a few of which include Appropriations; Insurance; Banks and Banking; Commerce; Municipal Corporations; Roads and Highways; and Criminal Jurisprudence; and

     WHEREAS, Mr. King's influence in the political arena was marked by his leadership as president of the Franklin County Young Republican Club, director of the 1948 Republican State Campaign, and president of the Missouri Association of Republicans; and

     WHEREAS, Mr. King was an insurance broker who played an active role in civic affairs through membership on the Board of Directors of the St. Louis Blues Hockey Club, the Advisory Board of Incarnate Word Hospital, and the Advisory Board of Cardinal Glennon Hospital:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, pause in a moment of silence to reflect upon the lifetime accomplishments of former State Representative R. J. "Bus" King, to express appreciation for his longtime service, and to extend condolences to his wife, Cecelia, and to their children, grandchildren, and great-grandchildren at this difficult period of sorrow and loss; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the King family.

PRIVILEGED MOTIONS

     Senator Mathewson moved that the Senate refuse to recede from its position on SCS for HB 816 and grant the House a conference and that the conferees be allowed to exceed the differences in Section 650.325, which motion prevailed.

     Senator Bentley, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 241, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 241

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 241, with House Amendment No. 1, 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. 241, with House Amendment No. 1;

     2. That the Senate recede from its position on Senate Bill No. 241;

     3. That the Conference Committee Substitute for House Committee Substitute for Senate Bill No. 241 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ed Quick      /s/ Craig Hosmer

/s/ Jim Mathewson      /s/ Mike Schilling

/s/ William P.McKenna      Louis Ford

/s/ Roseann Bentley      /s/ Jon Dolan

/s/ Larry Rohrbach      /s/ Chuck Wooten

     Senator Bentley moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayJacob--2
Absent with leave--Senators--None

     On motion of Senator Bentley, CCS for HCS for SB 241, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 241

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

     Was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayJacob--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

RESOLUTIONS

     Senator Rohrbach offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 814

     WHEREAS, Tyler Rhoads and John Broker, students at Helias High School in Jefferson City, recently distinguished themselves among a great many of their peers by attaining a First Place finish in the category of Duet Acting at the Missouri State High School Activities Association's Speech and Debate Championship held on April 26, 1997; and

     WHEREAS, while engaged in competition with some of the top young dramatists in the state, Tyler Rhoads and John Broker earned First Place honors in their category by giving a memorable performance of "The Complete Works of William Shakespeare - Abridged" by RSC Reduced Shakespeare Company, a ten-minute duet acting play that takes a humorous, slap-stick look at some of Shakespeare's better-known works; and

     WHEREAS, during the state competition held on the campus of the University of Missouri - Columbia, John Broker also competed and placed Eighth in the category of Humorous Interpretation; and

     WHEREAS, in winning this impressive state title, Tyler Rhoads, a sophomore, and John Broker, a senior, have given Helias High School its first championship in any category of the MSHSAA finals; and

     WHEREAS, Tyler and John's outstanding performance in the state finals highlights an enviable record of achievement that also includes first place honors in the district competition held last month at Jefferson City High School and numerous other awards in connection with their acting abilities; and

     WHEREAS, Tyler, the son of Mark and Kristi Rhoads of Jefferson City, and John, the son of Michael and Loretta Broker of Lohman, are also widely recognized for their musical abilities which include performances in concert choirs, talent shows, bands, and other musical forums; and

     WHEREAS, Tyler and John have appeared in performances for ACTPAC, Little Theatre, and Helias school plays:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, hereby join unanimously in commending and applauding Tyler Rhoads and John Broker for their admirable achievements which have earned them the respect and esteem of their fellow students and their entire community, and further extend to them our very best wishes for continued success; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Tyler Rhoads and John Broker, as a measure of our esteem for them.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SB 315, as amended: Senators Staples, Lybyer, Caskey, Graves and Yeckel.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for HBs 424 and 534, as amended: Senators Caskey, Mathewson, Maxwell, Klarich and Graves.

REPORTS OF STANDING COMMITTEES

     Senator Curls, Chairman of the Committee on Insurance and Housing, submitted the following report:

     Mr. President: Your Committee on Insurance and Housing, to which was referred HS for HCS for HB 361, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1997

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 310 entitled:

"AN ACT"

To repeal section 177.091, RSMo 1994, relating to the sale of school property, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

On May 7, 1997, I approved said Senate Bill No. 310.

Respectfully submitted,

MEL CARNAHAN

Governor

INTRODUCTIONS OF GUESTS

     Senator Caskey introduced to the Senate, Dale and Tyler Eckhoff, Windsor; and Billie Vanslyke, Jefferson City; and Tyler was made an honorary page.

     Senator Rohrbach introduced to the Senate, Paulo Sergio Camolesi, Solange Fonseca Zamith, Demerval Nardi Martins, Wagner Rodrigues Lozano and Sergio Castro de Almeida, Brazil; and Barbara Newman, Jefferson City.

     Senator McKenna introduced to the Senate, Earlene and John Judd, St. Louis.

     Senator Wiggins introduced to the Senate, eighty students from Boone Elementary School, South Kansas City.

     Senator Flotron introduced to the Senate, Judson and Anne Reed, and Alex Ashton; and Alex was made an honorary page.

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