Journal of the Senate

FIRST REGULAR SESSION


SIXTY-NINTH DAY--TUESDAY, MAY 13, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, an Old Testament proverb says, "A word fitly spoken is like apples of gold in pictures of silver." Lord, guide us to speak our words carefully. Help us to speak words of comfort to those who sorrow, words of cheer to those who are sad, and friendly words to all. Help our words fitly spoken to be matched by deeds rightly done. 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 Howard offered Senate Resolution No. 824, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. L. E. Caudle, Dexter, which was adopted.

CONCURRENT RESOLUTIONS

     Senator Lybyer moved that HCR 27 be taken up for adoption, which motion prevailed.

     On motion of Senator Lybyer, HCR 27 was adopted by the following vote:
Yeas--Senators
CaskeyChildersClayDePasco
EhlmannFlotronGoodeGraves
HouseHowardKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BanksBentleyCurlsJacob
Johnson--5
Absent with leave--Senators--None

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and HB 713, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, as amended: Senators Schneider, Goode, Caskey, Ehlmann and Klarich.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on State Budget Control, to which were referred HCS for HB 557, with SCS; HS for HCS for HB 361, with SCS; and HB 578, begs leave to report that it has considered the same and recommends that the bills do pass.

HOUSE BILLS ON THIRD READING

     HS for HB 811, with SCA 1, entitled:

     An Act relating to creating the healthy Missouri children corporation, with a penalty provision.

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

     SCA 1 was taken up.

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

     Senator Quick offered SS for HS for HB 811, entitled:

SENATE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 811

     An Act relating to creating the healthy Missouri children corporation, with a penalty provision.

     Senator Quick moved that SS for HS for HB 811 be adopted.

     Senator Westfall offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for House Substitute for House Bill No. 811, Page 8, Section 8, Line 25, by inserting following said line:

     "Section 9. State funds are prohibited from being appropriated to fund programs authorized by this act.".

     Senator Westfall moved that the above amendment be adopted.

     President Wilson assumed the Chair.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute for House Substitute for House Bill No. 811, Page 8, Section 8, Line 25, by inserting following said line:

     "Section 9. State funds are prohibited from being appropriated, conveyed or loaned to fund programs authorized by this act.".

     Senator Kinder moved that the above substitute amendment be adopted.

     Senator Johnson assumed the Chair.

     At the request of Senator Kinder, SSA 1 for SA 1 was withdrawn.

     Senator Kinder offered SSA 2 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute for House Substitute for House Bill No. 811, Page 8, Section 8, Line 25, by inserting following said line:

     "Section 9. State and federal funds are prohibited from being appropriated, conveyed or loaned to fund programs authorized by this act.".

     Senator Kinder moved that the above substitute amendment be adopted.

     At the request of Senator Quick, HS for HB 811, with SS, SA 1 and SSA 2 for SA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HCS for HJRs 13 and 6, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Committee Substitute for House Joint Resolutions Nos. 13 and 6, Page 2, Section 39(a), Line 39, by inserting after the word "community" the words "and to insure that no person who participates in the management, conduct or operation of any game has been convicted of or pleaded nolo contendere to any felony or any gambling related offense".

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

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 766, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 883, 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. 883, Page 2, Section 589.400, Line 9, by striking the word "used" and inserting in lieu thereof the following: "use of"; and

     Further amend said bill, page 3, section 589.417, line 1, by striking the numeral "1."; and

     Further amend said bill, page and section, line 3, by striking the following: "shall be available only to" and inserting in lieu thereof the following: "shall not be open to inspection by the public or any person, other than"; and

     Further amend said bill, page and section, lines 5 to 9, by striking all of said lines.

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

     Mr. President: Your Committee on Transportation, to which was referred HS for HB 389, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Substitute for House Bill No. 389, Page 5, Section 301.142, Line 131, by striking the following: "or current"; and

     Further amend said bill, page 8, section 302.302, lines 65 to 67, by striking all of said lines.

SENATE COMMITTEE AMENDMENT NO. 2

     Amend House Substitute for House Bill No. 389, Page 5, Section 301.143, Line 22, by inserting an opening bracket "[" immediately before the word "in" and a closing bracket "]" immediately after the word "background"; and

     Further amend said bill and section, page 6, line 33, by inserting an opening bracket "[" immediately before the word "in" and a closing bracket "]" immediately after the word "background".

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

     Mr. President: Your Committee on Commerce and Environment, to which was referred HB 151, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Ways and Means, to which was referred HB 34, begs leave to report that it has considered the same and recommends that the bill do pass.

     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 Westfall offered Senate Resolution No. 825, regarding Republic Police Officer Frank W. Duren, which was adopted.

     Senator Westfall offered Senate Resolution No. 826, regarding Republic Police Officer Edward A. Goodwin, which was adopted.

     Senator Scott offered Senate Resolution No. 827, regarding Mr. Jim Goldammer, Jefferson City, which was adopted.

     Senator Russell offered Senate Resolution No. 828, regarding Linda Leigh Daake, which was adopted.

     Senator Quick offered Senate Resolution No. 829, regarding John J. (Mug) McIsaac, IV, Kansas City, which was adopted.

     Senator Quick offered Senate Resolution No. 830, regarding Matthew J. (Matt) Weir, Kansas City, which was adopted.

     Senator Caskey offered Senate Resolution No. 831, regarding April Harrison, Clinton, which was adopted.

     Senator Caskey offered Senate Resolution No. 832, regarding Amanda Page, Clinton, which was adopted.

     Senator Caskey offered Senate Resolution No. 833, regarding Joe Terry, Clinton, which was adopted.

     Senator Caskey offered Senate Resolution No. 834, regarding Jonathan Brockmeier, Warrensburg, which was adopted.

PRIVILEGED MOTIONS

     Senator Lybyer moved that the Senate refuse to concur in HS for HCS for SB 21, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 104, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 831, 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. 831, Page 1, In the Title, Line 2, by striking "section 89.320" and inserting in lieu thereof the following: "sections 70.385, 70.390 and 89.320"; and further amend line 3, by striking "one new section" and inserting in lieu thereof the following: "three new sections"; and

     Further amend said bill, page 1, section A, line 1, by striking "section 89.320" and inserting in lieu thereof the following: "sections 70.385, 70.390 and 89.320"; and further amend said line, by striking the word "is" and inserting in lieu thereof the word "are"; and further amend said line, by striking "one new section" and inserting in lieu thereof the following: "three new sections"; and further amend line 2, by striking "section 89.320" and inserting in lieu thereof the following: "sections 70.385, 70.390 and 89.320"; and further amend said line, by inserting immediately after said line the following:

     "70.385. [Each appointment] 1. Two of the five appointments made by the governor [under] pursuant to the provisions of section 70.380 shall be selected from a panel of three nominees[, submitted alternately as vacancies occur,] submitted by the mayor of St. Louis city [and]. Two of the five appointments made by the governor pursuant to the provisions of section 70.380 shall be selected from a panel of three nominees submitted by the county executive of St. Louis County.

     2. The fifth appointment made by the governor pursuant to section 70.380 shall be selected from a panel of three nominees submitted alternately by the mayor of St. Louis city and the county executive of St. Louis County. The next appointment following August 28, 1997, shall be to fill the commissioner position described in this subsection and shall be made from three nominees submitted by the county executive of St. Louis County. The next appointment for the commissioner position described in this subsection shall be made from three nominees submitted by the mayor of St. Louis city whereupon the order of nomination and appointment for this position will repeat itself.

     3. The order of the appointments made pursuant to subsection 1 of this section shall be as follows:

     (1) One from the panel of nominees submitted by the mayor of St. Louis city;

     (2) One from the panel of nominees submitted by the county executive of St. Louis County whereupon the order of such appointments shall repeat itself.

     4. Whenever the mayor or the county executive submits a panel of three nominees, they shall adhere to the intent set forth in the provisions of subsection 2 of section 213.020, RSMo.

     70.390. Of the commissioners first appointed one shall be appointed to serve for a term of one year, one for two years, one for three years, one for four years and one for five years. At the expiration of the term of each commissioner and of each succeeding commissioner, the governor shall, by and with the advice and consent of the senate, appoint a successor who shall hold office for a term of five years if such successor is appointed to fill a commissioner position described in subsection 1 of this section. If a commissioner is appointed to fill the commissioner position described in subsection 2 of this section, then such commissioner shall hold office for a term of three years. Each commissioner shall hold office until his or her successor has been appointed and qualified.".

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

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HCS for HB 528, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Commerce and Environment, to which was referred HJR 11, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Education, to which was referred HB 787, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1, 2, 3, 4 and 5.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 787, Page 2, Section 160.021, Line 3, by inserting immediately after all of said line the following:

     "167.117. 1. In any instance when any person is believed to have committed an act which if committed by an adult would be assault in the first[, second or third] or second degree, sexual assault, or deviate sexual assault against a pupil or school employee, while on school property, including a school bus in service on behalf of the district, or while involved in school activities, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent. In instances when any person is believed to have committed an act which if committed by an adult would be assault in the third degree, the principal may determine whether the act is of such a serious nature that it should be reported to the superintendent or the appropriate local law enforcement agency or both.

     2. In any instance when a pupil is discovered to have on or about such pupil's person, or among such pupil's possessions, or placed elsewhere on the school premises, any controlled substance as defined in section 195.010, RSMo, or any weapon as defined in subsection 4 of section 160.261, RSMo, in violation of school policy, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.

     3. In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this section or finds a pupil in possession of a weapon or controlled substances as set forth in subsection 2 of this section, the teacher shall immediately report such incident to the principal.

     4. A school employee, superintendent or such person's designee who in good faith provides information to police under subsection 1 or 2 of this section shall not be civilly liable for providing such information.

     5. Any school official responsible for reporting pursuant to this section or section 160.261, RSMo, who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091, RSMo."; and

     Further amend the title and enacting clause accordingly.

SENATE COMMITTEE AMENDMENT NO. 2

     Amend House Bill No. 787, Page 2, Section 160.021, Line 3, by inserting immediately after all of said line the following:

     "162.975. 1. Each school district or special school district which provides approved special education services for handicapped or severely handicapped children under sections 162.670 to 162.995 or approved extended school year services for such children, shall be entitled under section 163.031, RSMo, to receive state aid. Additional state aid for such programs shall be allocated as follows in the following order of priority:

     (1) A school district or special school district shall receive state aid for each child receiving services on homebound status or served by contractual arrangement with a private or public agency approved by the department of elementary and secondary education. The amount paid from state aid for such services shall be adjusted annually by the percent change in the appropriation of state funds to this section for the current fiscal year compared with that for the first preceding fiscal year.

     (2) A school district or special school district shall receive state aid for approved extended school year services for handicapped or severely handicapped children. Prior to full implementation of subdivisions (4), (5) and (6) of this subsection, state aid paid for each approved staff member shall bear the same ratio to the amount payable for such staff during the immediate preceding school year as the ratio of the number of hours in the approved extended school year program bears to the number of hours in regular term programs for each respective school district or special school district approved under this section; provided that this amount shall be adjusted annually by the percent change in the appropriation of state funds to this section for the current fiscal year compared with the appropriation level for the first preceding fiscal year. After full implementation of subdivisions (4), (5) and (6) of this subsection, state aid shall be paid for each approved staff in an amount which bears the same ratio to the amount payable for such staff during the immediate preceding school year as the ratio of the number of hours in the approved extended school year program bears to the number of hours in regular term programs for each respective school district or special school district approved pursuant to this section; provided that the amount payable per approved staff member pursuant to this subdivision for the year of full implementation of subdivisions (4), (5) and (6) of this subsection and thereafter shall be, on a prorated basis, two times the amount payable per approved staff member pursuant to subdivision (4) of this subsection for the current school year.

     (3) The division of youth services within the Missouri department of social services shall receive state aid for approved special education services. State aid shall be paid for each full time equivalent professional and paraprofessional staff member approved by the department of elementary and secondary education at the rate paid during the first full fiscal year preceding the year in which this section becomes effective plus an annual adjustment equal to the percent change in the appropriation of state funds to this section for the current fiscal year compared with the appropriation level for the first preceding year.

     (4) A school district or special school district shall receive state aid for approved professional and paraprofessional staff who are employed or contracted to provide special education services for handicapped and severely handicapped children, including staff used by a school district or special school district to provide services before and after the normal school day for students attending nonpublic schools, including children for whom declarations of enrollment under section 167.042, RSMo, have been filed. Each school district or special school district employing or contracting for professional services or paraprofessional staff in the provision of special education services, as defined and approved by the department of elementary and secondary education, shall receive state aid at a full time equivalent rate based upon the total allocation of funds pursuant to this subdivision, after sufficient funds are allocated for subdivisions (1), (2) and (3) of this subsection. Paraprofessional staff shall be paid at one-half the rate paid full time equivalents of professional staff and contractors.

     (5) Each school district or special school district providing special education services for handicapped or severely handicapped children shall receive state aid pursuant to section 163.031, RSMo, for each such eligible pupil, and such school district shall receive state aid for each child domiciled in the district and enrolled in a nonpublic school, including children for whom declarations of enrollment under section 167.042, RSMo, have been filed. The per resident student rate paid for students enrolled in nonpublic schools shall be one-half that paid per eligible pupil for students enrolled in a school district or special school district.

     (6) No more than fifty percent of the total state aid appropriated pursuant to subdivisions (4) and (5) of this subsection shall be distributed pursuant to subdivision (5) of this subsection. No less than fifty percent of the state aid appropriated pursuant to subdivisions (4) and (5) of this subsection shall be distributed pursuant to subdivision (4) of this subsection. A sufficient share of the funds appropriated pursuant to this subsection shall be appropriated pursuant to subdivisions (1), (2) and (3) of this subsection to meet the requirements of those subdivisions. To the extent allowed by appropriations, the share of funds appropriated pursuant to subdivisions (4) and (5) of this subsection under subdivision (5) shall be increased until that share is equal to fifty percent, at which time subdivisions (4), (5) and (6) of this subsection shall be considered fully implemented, and such share shall remain equal to fifty percent for all years thereafter. No district shall receive less state aid under this section than received during the year preceding that when the phased implementation was begun.

     (7) Contractors providing professional services funded under this section shall meet the state licensing and certification requirements appropriate to their contracted duties, as determined by the department of elementary and secondary education.

     2. For approved special education and related services provided for handicapped and severely handicapped children under five years of age, but not under the age of three, entitlements for state aid established pursuant to this section and distributed pursuant to section 163.031, RSMo, shall not exceed ninety percent of the cost of the programs as specified in project applications and approved by the department of elementary and secondary education. Such programs shall not be eligible to receive funds allocated pursuant to subsection 1 of this section.

     3. Each school district or special school district which provides an approved remedial reading program under provisions of sections 162.670 to 162.995 shall receive state aid established pursuant to this subsection and distributed pursuant to section 163.031, RSMo. The amount paid from state aid for such services shall be adjusted annually by the percent change in the appropriation of state funds for the state school aid district entitlements as established pursuant to section 163.031, RSMo, for the current fiscal year compared with that for the first preceding fiscal year. Such programs shall not be eligible to receive funds allocated pursuant to subsection 1 of this section.

     4. For approved programs for gifted children, districts shall receive state aid under section 163.031, RSMo, not to exceed seventy-five percent of the cost of instructional personnel and special materials listed in project applications and approved by the department of elementary and secondary education. Such programs shall not be eligible to receive funds allocated pursuant to subsection 1 of this section.

     [162.975. 1. Each school district or special school district maintaining one or more approved special programs for handicapped or severely handicapped children under the provisions of sections 162.670 to 162.995 shall be entitled under section 163.031, RSMo, to receive state aid at the rate of eleven thousand six hundred forty-six dollars for each approved class of children per term of one hundred seventy-four days as provided by section 163.021, RSMo, except that approved classes for the educable mentally retarded shall be funded at ten thousand five hundred dollars in 1986-87 and thereafter shall be entitled under section 163.031, RSMo, to receive state aid at the same rate as granted for handicapped or severely handicapped children under the provisions of sections 162.670 to 162.995 and approved classes of remedial reading shall be funded at six thousand seven hundred ninety-four dollars per approved class. The rates of entitlement for approved classes in this subsection shall be adjusted annually by the lesser of the percentage change in state average per pupil operating costs or the percentage change in the total of the state's apportionments from the second preceding school year to the preceding school year. The rate of entitlement for this section for fiscal years 1994, 1995 and 1996 shall be the same as fiscal year 1993.

     2. For approved classes of handicapped and severely handicapped children under five years of age, but not under the age of three, entitlements for state aid established under this section and distributed pursuant to section 163.031, RSMo, shall not exceed seventy-seven percent of approved cost of the program as specified in the project application.

     3. For approved programs for gifted children, districts shall be entitled to receive state aid under section 163.031, RSMo, not to exceed seventy-five percent of the cost of instructional personnel and special materials listed and approved on the project application shall be apportioned.

     4. A district shall be entitled to receive, under section 163.031, RSMo, an additional amount of eight thousand dollars for each professional staff member, other than classroom teachers, who is employed to work full time with handicapped or severely handicapped children, ages five through twenty. The rate of entitlement provided by this subsection shall be adjusted annually by the lesser of the percentage change in state average teacher salary or the percentage change in the total of the state's apportionments from the second preceding school year to the preceding school year. The rate of entitlements for this section for fiscal years 1994, 1995 and 1996 shall be the same as for fiscal year 1993.

     5. For classes of handicapped children, ages five through twenty, a district shall be entitled to receive under section 163.031, RSMo, the amount of four thousand dollars for each full-time teacher aide when such aide is employed in accordance with standards approved by the state board of education. The rate of entitlement provided by this subsection shall be adjusted annually by the lesser of the percentage change in state average teacher salary or the percentage change in the total of the state's apportionments from the second preceding school year to the preceding school year. The rate of entitlement for this section for fiscal years 1994, 1995 and 1996 shall be the same as for fiscal year 1993.

     6. For the purposes of this section, "class" shall mean a group of not less than ten children; except that, fewer than ten children may constitute a class when it is found necessary and advisable by the state board of education.

     7. Each school district or special school district maintaining one or more approved summer school programs for handicapped or severely handicapped children shall be entitled to receive state aid under section 163.031, RSMo, for each approved class of children in an amount which bears the same ratio to the amount payable under subsection 1 of this section as the ratio of the number of hours in the approved summer program bears to the number of hours in regular term programs approved under subsection 1 of this section.

     8. Funds to which a district is entitled under this section shall be distributed as provided by section 163.031, RSMo.

     9. No class under this section may be disapproved by the state because the class may be a part-time class, in which case the state aid will be prorated.]

     [162.980. Each school district or special district shall receive up to eight hundred dollars per year for each homebound child, child receiving special services outside the special class, or child served by contractual arrangement with a private or public agency. The rate of reimbursement provided by this section shall be increased by two hundred dollars annually in 1986-87, 1987-88, 1988-89 and 1989-90 and shall thereafter be adjusted annually by the same percent that the appropriation of state funds for the school foundation program is changed from the previous year.]"; and

     Further amend the title and enacting clause accordingly.

SENATE COMMITTEE AMENDMENT NO. 3

     Amend House Bill No. 787, Page 2, Section 160.021, Line 3, by inserting immediately after all of said line the following:

     "164.013. 1. When the revenue from the rate of one cent on the dollar of the state sales is collected for distribution under the provisions of section 163.087, RSMo, the school board of each six-director, including special districts, urban and metropolitan school districts, after determining its budget for the school year and the rate of levy needed to produce the required revenue as provided in section 164.011, and after making any other adjustments to the levy that may be required by any other law, shall, unless at least a simple majority of district voters voting thereon have approved a proposal to forego all or part of a reduction in the total operating levy for school purposes as provided for in this section, reduce the total operating levy for school purposes in an amount sufficient to decrease the revenue it would have received therefrom by an amount equal to fifty percent of the previous fiscal year's sales tax receipts excluding the sales tax revenue estimated to be received by the district attributable to pupils residing on federal lands and excluding the amount of sales tax revenue estimated to be necessary to offset the loss of property tax revenue to the school district under the provisions of section 50.338, RSMo[, except that the provision of this section shall not require a school board to reduce its total operating levy for school purposes below an amount which is equal to]. A school board may, after making all levy adjustments required by law and the constitution of this state, increase the district's operating levy to the lesser of the district's tax rate ceiling or the highest amount specified in subsection 2 of section 163.021, RSMo, as an eligibility requirement for state aid or increased state aid pursuant to section 163.031, RSMo. Loss of revenue, due to a decrease in the assessed valuation of real property located within the school district as a result of general reassessment, and from state-assessed railroad and utility distributable property based upon the previous fiscal year's receipts shall be considered in lowering the rate of levy to comply with this section in the year of general reassessment and in each subsequent year. For any district for which the total assessed valuation of the district is reduced as a result of a natural disaster for which the county or counties containing the district were designated a disaster area, the reduction of the total operating levy for school purposes pursuant to this section may, at the district's discretion, be calculated either on the district's current assessed valuation or upon the district's assessed valuation for the year preceding the natural disaster, until the fifth year following the designation as a disaster area or until the district's assessed valuation equals or exceeds the district's assessed valuation for the year preceding the disaster, whichever first occurs. In the event that in the immediately preceding year the school district actually received more or less sales tax revenue than estimated, the school board shall adjust its operating levy for the current year to reflect such increase or decrease. Adjustments in the tax rate of a school district pursuant to the provisions of this section shall in no way affect the eligibility of claimants for benefits, or the amount of claimants' benefits, under the provisions of sections 135.010 to 135.035, RSMo. Such claimants shall, if they are otherwise qualified, receive the benefits to which they were or would have been entitled in the year prior to March 3, 1983. There shall be transferred from the school district trust fund to the general revenue fund an amount equal to the difference in the amount paid or credited or which would have been paid or credited to individuals qualifying under sections 135.010 to 135.035, RSMo, in the year prior to March 3, 1983, and the amount paid or credited under the provisions of such sections each year thereafter. The director of revenue shall certify the amount payable from the school district trust fund to the general revenue fund to the state treasurer, the commissioner of administration and the state board of education on or before the first day of each month. Any school district required to reduce its total operating levy under the provisions of this section shall not become ineligible for state aid under the provisions of section 163.021, RSMo, because of such required reduction. In the event a district fails to reduce its operating levy in compliance with this section, an amount equivalent to the amount by which the district fails to reduce its levy shall be deducted from the district's apportionment of state aid under the provisions of section 163.031, RSMo, for the following year.

     2. In a year of general reassessment, as defined by section 137.073, RSMo, or assessment maintenance as defined by section 137.115, RSMo, in which a school district in reliance upon the information then available to it relating to the total assessed valuation of such school district revises its property tax levy pursuant to section 137.073 or 137.115, RSMo, and it is subsequently determined by decisions of the state tax commission or a court pursuant to sections 138.430 to 138.433, RSMo, or due to clerical errors or corrections in the calculation or recordation of assessed valuations that the assessed valuation of such school district has been changed, and but for such change the school district would have adopted a different levy on the date of its original action, then the school district may adjust its levy to an amount to reflect such change in assessed valuation, including, if necessary, a change in the levy reduction required by this section to the amount it would have levied had the correct assessed valuation been known to it on the date of its original action, provided:

     (1) The school district first levies the maximum levy allowed without a vote of the people by article X, section 11(b) of the constitution; and

     (2) The school district first adopts the tax rate ceiling otherwise authorized by other laws of this state; and

     (3) The levy adjustment or reduction may include a one-time correction to recoup lost revenues the school district was entitled to receive during the prior year."; and

     Further amend the title and enacting clause accordingly.

SENATE COMMITTEE AMENDMENT NO. 4

     Amend House bill No. 787, Page 2, Section 160.021, Line 3, by inserting immediately after all of said line the following:

     "170.015. 1. Any course materials and instruction relating to human sexuality and sexually transmitted diseases shall:

     (1) Present abstinence from sexual activity as the preferred choice of behavior in relation to all sexual activity for unmarried persons;

     (2) Devote more attention to abstinence from sexual activity than to any other behavior;

     (3) Emphasize that abstinence from sexual activity is the only method that is one hundred percent effective in preventing pregnancy, sexually transmitted diseases and the emotional trauma associated with adolescent sexual activity;

     (4) Direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is recognized as the most effective way to prevent pregnancy and sexually transmitted diseases;

     (5) Teach contraception and condom use in terms of real human use failure rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content;

     (6) Stress that sexually transmitted diseases are serious, possible, health hazards of sexual activity. Pupils shall be provided with statistics based on the latest medical information citing failure and success rates of condoms and other contraceptives in preventing acquired immune deficiency syndrome (AIDS), human papilloma virus and other sexually transmitted diseases, if instruction on contraception and condoms is included in curriculum content;

     (7) Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual activity outside of marriage and the consequences of unwanted adolescent pregnancy and emphasize the importance of respect for monogamous marriage;

     (8) Advise pupils that teenage sexual activity places them at a higher risk of dropping out of school because of the consequences of sexually transmitted diseases and unplanned pregnancy;

     (9) Advise pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock and that it is unlawful for persons of any age to have sexual relations with underage persons to whom they are not married pursuant to chapter 566, RSMo;

     (10) Emphasize that the pupil has the power to control personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical considerations, such as respect for one's self and others; and

     (11) Teach pupils to not make unwanted physical and verbal sexual advances and how to say no to unwanted sexual advances. Pupils shall be taught that it is wrong to take advantage of, or exploit, another person. The material and instruction shall also encourage youth to resist negative peer pressure.

     2. A school district shall not distribute condoms or other contraceptives. Policies concerning referrals and parental notification regarding contraception may be determined by local school boards. Such policies shall be applied in a manner which is consistent with the provisions of section 167.611, RSMo.

     3. A school district which provides human sexuality instruction may separate students according to gender for instructional purposes.

     4. The board of a school district shall determine the specific content of the district's instruction in human sexuality, in accordance with subsections 1 to 3 of this section, and shall ensure that all instruction in human sexuality is appropriate to the age of the students receiving such instruction.

     5. A school district shall notify the parent or legal guardian of each student enrolled in the district of:

     (1) The basic content of the district's human sexuality instruction to be provided to the student; and

     (2) The parent's right to remove the student from any part of the district's human sexuality instruction.

     6. A school district shall make all curriculum materials used in the district's human sexuality instruction available for public inspection pursuant to chapter 610, RSMo, prior to the use of such materials in actual instruction."; and

     Further amend the title and enacting clause accordingly.

SENATE COMMITTEE AMENDMENT NO. 5

     Amend House Bill No. 787, Page 2, Section 160.021, Line 3, by inserting immediately after all of said line the following:

     "168.221. 1. The first three years of employment of all teachers [and principals] entering the employment of the metropolitan school district shall be deemed a period of probation during which period all appointments of teachers [and principals] shall expire at the end of each school year. During the probationary period any probationary teacher [or principal] whose work is unsatisfactory shall be furnished by the superintendent of schools with a written statement setting forth the nature of his incompetency. If improvement satisfactory to the superintendent is not made within one semester after the receipt of the statement, the probationary teacher [or principal] shall be dismissed. The semester granted the probationary teacher [or principal] in which to improve shall not in any case be a means of prolonging the probationary period beyond three years and six months from the date on which the teacher [or principal] entered the employ of the board of education. The superintendent of schools on or before the fifteenth day of April in each year shall notify probationary teachers [or principals] who will not be retained by the school district of the termination of their services. Any probationary teacher [or principal] who is not so notified shall be deemed to have been appointed for the next school year.

     2. After completion of satisfactory probationary services, appointments of teachers [and principals] shall become permanent, subject to removal for any one or more causes herein described and to the right of the board to terminate the services of all who attain the age of compulsory retirement fixed by the retirement system. In determining the duration of the probationary period of employment in this section specified, the time of service rendered as a substitute teacher or substitute principal shall not be included.

     3. No teacher [or principal] whose appointment has become permanent may be removed except for one or more of the following causes: Immorality, inefficiency in line of duty, violation of the published regulations of the school district, violation of the laws of Missouri governing the public schools of the state, or physical or mental condition which incapacitates him for instructing or associating with children, and then only by a vote of not less than a majority of all the members of the board, upon written charges presented by the superintendent of schools, to be heard by the board after thirty days' notice, with copy of the charges served upon the person against whom they are preferred, who shall have the privilege of being present, together with counsel, offering evidence and making defense thereto. Notifications received by an employee during a vacation period shall be considered as received on the first day of the school term following. At the request of any person so charged the hearing shall be public. The action and decision of the board upon the charges shall be final. Pending the hearing of the charges, the person charged may be suspended if the rules of the board so prescribe, but in the event the board does not by a majority vote of all the members remove the teacher [or principal] upon charges presented by the superintendent, the person shall not suffer any loss of salary by reason of the suspension. Inefficiency in line of duty is cause for dismissal only after the teacher or principal has been notified in writing at least one semester prior to the presentment of charges against him by the superintendent. The notification shall specify the nature of the inefficiency with such particularity as to enable the teacher or principal to be informed of the nature of his inefficiency.

     4. No teacher [or principal] whose appointment has become permanent shall be demoted nor shall his salary be reduced unless the same procedure is followed as herein stated for the removal of the teacher [or principal] because of inefficiency in line of duty, and any teacher [or principal] whose salary is reduced or who is demoted may waive the presentment of charges against him by the superintendent and a hearing thereon by the board. The foregoing provision shall apply only to permanent teachers [and principals] prior to the compulsory retirement age under the retirement system. Nothing herein contained shall in any way restrict or limit the power of the board of education to make reductions in the number of teachers or principals, or both, because of insufficient funds, decrease in pupil enrollment, or abolition of particular subjects or courses of instruction, except that the abolition of particular subjects or courses of instruction shall not cause those teachers who have been teaching the subjects or giving the courses of instruction to be placed on leave of absence as herein provided who are qualified to teach other subjects or courses of instruction, if positions are available for the teachers in the other subjects or courses of instruction.

     5. Whenever it is necessary to decrease the number of teachers [or principals, or both,] because of insufficient funds or a substantial decrease of pupil population within the school district, the board of education upon recommendation of the superintendent of schools may cause the necessary number of teachers [or principals, or both,] beginning with those serving probationary periods, to be placed on leave of absence without pay, but only in the inverse order of their appointment. Nothing herein stated shall prevent a readjustment by the board of education of existing salary schedules. No teacher [or principal] placed on a leave of absence shall be precluded from securing other employment during the period of the leave of absence. Each teacher [or principal] placed on leave of absence shall be reinstated in inverse order of his placement on leave of absence. Such reemployment shall not result in a loss of status or credit for previous years of service. No new appointments shall be made while there are available teachers [or principals] on leave of absence who are seventy years of age or less and who are adequately qualified to fill the vacancy unless the teachers [or principals] fail to advise the superintendent of schools within thirty days from the date of notification by the superintendent of schools that positions are available to them that they will return to employment and will assume the duties of the position to which appointed not later than the beginning of the school year next following the date of the notice by the superintendent of schools.

     6. If any regulation which deals with the promotion of either teachers [or principals, or both,] is amended by increasing the qualifications necessary to be met before a teacher [or principal] is eligible for promotion, the amendment shall fix an effective date which shall allow a reasonable length of time within which teachers [or principals] may become qualified for promotion under the regulations.

     7. A principal shall serve in that role at the pleasure of the superintendent of schools. If a principal is removed from that position, he shall retain the tenure rights of a teacher as provided by this section."; and

     Further amend the title and enacting clause accordingly.

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 232, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Public Health and Welfare, to which was referred HCS for HB 635, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HCS for HB 509, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

     Senator Quick moved that HS for HB 811, with SS, SA 1 and SSA 2 for SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SSA 2 for SA 1 was again taken up.

     Senator Caskey requested a roll call vote be taken and was joined in his request by Senators Kenney, Kinder, Lybyer and Wiggins.

     SSA 2 for SA 1 failed of adoption by the following vote:
Yeas--Senators
ChildersEhlmannFlotronGraves
HouseKenneyKinderKlarich
MuellerRohrbachRussellSingleton
Yeckel--13
Nays--Senators
BanksBentleyCaskeyClay
CurlsDePascoGoodeHoward
JacobJohnsonLybyerMathewson
MaxwellMcKennaQuickSims
StaplesWestfallWiggins--19
Absent--Senators
SchneiderScott--2
Absent with leave--Senators--None

     SA 1 was again taken up.

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

     Senator Klarich offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for House Substitute for House Bill No. 811, Page 5, Section 3.5, Line 10, by adding after "RSMo," on said line the following: "and shall be a recognized I.R.C. 501(c)(4) organization in good standing".

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

     Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for House Substitute for House Bill No. 811, Pages 1-7, Sections 1-4, by striking all of said sections from the said bill; and inserting in lieu thereof the following:

     "208.151. 1. For the purpose of paying medical assistance on behalf of needy persons and to comply with Title XIX, Public Law 89-97, 1965 amendments to the federal Social Security Act (42 U.S.C. section 301 et seq.) as amended, the following needy persons shall be eligible to receive medical assistance to the extent and in the manner hereinafter provided:

     (1) All recipients of state supplemental payments for the aged, blind and disabled;

     (2) All recipients of aid to families with dependent children benefits, including all persons under nineteen years of age who would be classified as dependent children except for the requirements of subdivision (1) of subsection 1 of section 208.040;

     (3) All recipients of blind pension benefits;

     (4) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits under the eligibility standards in effect December 31, 1973, or less restrictive standards as established by rule of the division of family services, who are sixty-five years of age or over and are patients in state institutions for mental diseases or tuberculosis;

     (5) All persons under the age of twenty-one years who would be eligible for aid to families with dependent children except for the requirements of subdivision (2) of subsection 1 of section 208.040, and who are residing in an intermediate care facility, or receiving active treatment as inpatients in psychiatric facilities or programs, as defined in 42 U.S.C. 1396d, as amended;

     (6) All persons under the age of twenty-one years who would be eligible for aid to families with dependent children benefits except for the requirement of deprivation of parental support as provided for in subdivision (2) of subsection 1 of section 208.040;

     (7) All persons eligible to receive nursing care benefits;

     (8) All recipients of family foster home or nonprofit private child-care institution care, subsidized adoption benefits and parental school care wherein state funds are used as partial or full payment for such care;

     (9) All persons who were recipients of old age assistance benefits, aid to the permanently and totally disabled, or aid to the blind benefits on December 31, 1973, and who continue to meet the eligibility requirements, except income, for these assistance categories, but who are no longer receiving such benefits because of the implementation of Title XVI of the federal Social Security Act, as amended;

     (10) Pregnant women who meet the requirements for aid to families with dependent children, except for the existence of a dependent child in the home;

     (11) Pregnant women who meet the requirements for aid to families with dependent children, except for the existence of a dependent child who is deprived of parental support as provided for in subdivision (2) of subsection 1 of section 208.040;

     (12) Pregnant women or infants under one year of age, or both, whose family income does not exceed an income eligibility standard equal to [one hundred eighty-five] two hundred percent of the federal poverty level as established and amended by the federal Department of Health and Human Services, or its successor agency;

     (13) Children who have attained one year of age but have not attained six years of age who are eligible for medical assistance under 6401 of P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989). The division of family services shall use an income eligibility standard equal to [one hundred thirty-three] two hundred percent of the federal poverty level established by the Department of Health and Human Services, or its successor agency;

     (14) Children who have attained six years of age but have not attained nineteen years of age. For children who have attained six years of age but have not attained nineteen years of age, the division of family services shall use an income assessment methodology which provides for eligibility when family income is equal to or less than equal to [one] two hundred percent of the federal poverty level established by the Department of Health and Human Services, or its successor agency. As necessary to provide medicaid coverage under this subdivision, the department of social services may revise the state medicaid plan to extend coverage under 42 U.S.C. 1396a (a)(10)(A)(i)(III) to children who have attained six years of age but have not attained nineteen years of age as permitted by paragraph (2) of subsection (n) of 42 U.S.C. 1396d using a more liberal income assessment methodology as authorized by paragraph (2) of subsection (r) of 42 U.S.C. 1396a;

     (15) The following children with family income which does not exceed [two] three hundred percent of the federal poverty guideline for the applicable family size:

     (a) Infants who have not attained one year of age with family income greater than [one hundred eighty-five] two hundred percent of the federal poverty guideline for the applicable family size;

     (b) Children who have attained one year of age but have not attained six years of age with family income greater than [one hundred thirty-three] two hundred percent of the federal poverty guideline for the applicable family size; and

     (c) Children who have attained six years of age but have not attained nineteen years of age with family income greater than [one] two hundred percent of the federal poverty guideline for the applicable family size. Coverage under this subdivision shall be subject to the receipt of notification by the director of the department of social services and the revisor of statutes of approval from the secretary of the U.S. Department of Health and Human Services of applications for waivers of federal requirements necessary to promulgate regulations to implement this subdivision. The director of the department of social services shall apply for such waivers. The regulations may provide for a basic primary and preventive health care services package, not to include all medical services covered by section 208.152, and may also establish copayment, coinsurance, deductible, or premium requirements for medical assistance under this subdivision. Eligibility for medical assistance under this subdivision shall be available only to those infants and children who do not have or have not been eligible for employer-subsidized health care insurance coverage for the six months prior to application for medical assistance. Children are eligible for employer-subsidized coverage through either parent, including the noncustodial parent. The division of family services may establish a resource eligibility standard in assessing eligibility for persons under this subdivision. The division of medical services shall define the amount and scope of benefits which are available to individuals under this subdivision in accordance with the requirement of federal law and regulations. Coverage under this subdivision shall be subject to appropriation to provide services approved under the provisions of this subdivision;

     (16) The division of family services shall not establish a resource eligibility standard in assessing eligibility for persons under subdivision (12), (13) or (14) of this subsection. The division of medical services shall define the amount and scope of benefits which are available to individuals eligible under each of the subdivisions (12), (13), and (14) of this subsection, in accordance with the requirements of federal law and regulations promulgated thereunder except that the scope of benefits shall include case management services;

     (17) Notwithstanding any other provisions of law to the contrary, ambulatory prenatal care shall be made available to pregnant women during a period of presumptive eligibility pursuant to 42 U.S.C. section 1396r-1, as amended;

     (18) A child born to a woman eligible for and receiving medical assistance under this section on the date of the child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance for a period of time determined in accordance with applicable federal and state law and regulations so long as the child is a member of the woman's household and either the woman remains eligible for such assistance or for children born on or after January 1, 1991, the woman would remain eligible for such assistance if she were still pregnant. Upon notification of such child's birth, the division of family services shall assign a medical assistance eligibility identification number to the child so that claims may be submitted and paid under such child's identification number;

     (19) Pregnant women and children eligible for medical assistance pursuant to subdivision (12), (13) or (14) of this subsection shall not as a condition of eligibility for medical assistance benefits be required to apply for aid to families with dependent children. The division of family services shall utilize an application for eligibility for such persons which eliminates information requirements other than those necessary to apply for medical assistance. The division shall provide such application forms to applicants whose preliminary income information indicates that they are ineligible for aid to families with dependent children. Applicants for medical assistance benefits under subdivision (12), (13) or (14) shall be informed of the aid to families with dependent children program and that they are entitled to apply for such benefits. Any forms utilized by the division of family services for assessing eligibility under this chapter shall be as simple as practicable;

     (20) Subject to appropriations necessary to recruit and train such staff, the division of family services shall provide one or more full-time, permanent case workers to process applications for medical assistance at the site of a health care provider, if the health care provider requests the placement of such case workers and reimburses the division for the expenses including but not limited to salaries, benefits, travel, training, telephone, supplies, and equipment, of such case workers. The division may provide a health care provider with a part-time or temporary case worker at the site of a health care provider if the health care provider requests the placement of such a case worker and reimburses the division for the expenses, including but not limited to the salary, benefits, travel, training, telephone, supplies, and equipment, of such a case worker. The division may seek to employ such case workers who are otherwise qualified for such positions and who are current or former welfare recipients. The division may consider training such current or former welfare recipients as case workers for this program;

     (21) Pregnant women who are eligible for, have applied for and have received medical assistance under subdivision (2), (10), (11) or (12) of this subsection shall continue to be considered eligible for all pregnancy-related and postpartum medical assistance provided under section 208.152 until the end of the sixty-day period beginning on the last day of their pregnancy;

     (22) Case management services for pregnant women and young children at risk shall be a covered service. To the greatest extent possible, and in compliance with federal law and regulations, the department of health shall provide case management services to pregnant women by contract or agreement with the department of social services through local health departments organized under the provisions of chapter 192, RSMo, or chapter 205, RSMo, or a city health department operated under a city charter or a combined city-county health department or other department of health designees. To the greatest extent possible the department of social services and the department of health shall mutually coordinate all services for pregnant women and children with the crippled children's program, the prevention of mental retardation program and the prenatal care program administered by the department of health. The department of social services shall by regulation establish the methodology for reimbursement for case management services provided by the department of health. For purposes of this section, the term "case management" shall mean those activities of local public health personnel to identify prospective medicaid-eligible high-risk mothers and enroll them in the state's medicaid program, refer them to local physicians or local health departments who provide prenatal care under physician protocol and who participate in the medicaid program for prenatal care and to ensure that said high-risk mothers receive support from all private and public programs for which they are eligible and shall not include involvement in any medicaid prepaid, case-managed programs;

     (23) By January 1, 1988, the department of social services and the department of health shall study all significant aspects of presumptive eligibility for pregnant women and submit a joint report on the subject, including projected costs and the time needed for implementation, to the general assembly. The department of social services, at the direction of the general assembly, may implement presumptive eligibility by regulation promulgated pursuant to chapter 207, RSMo;

     (24) All recipients who would be eligible for aid to families with dependent children benefits except for the requirements of paragraph (d) of subdivision (1) of section 208.150;

     (25) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits, under the eligibility standards in effect December 31, 1973, or those supplemental security income recipients who would be determined eligible for general relief benefits under the eligibility standards in effect December 31, 1973, except income; or less restrictive standards as established by rule of the division of family services. If federal law or regulation authorizes the division of family services to, by rule, exclude the income or resources of a parent or parents of a person under the age of eighteen and such exclusion of income or resources can be limited to such parent or parents, then notwithstanding the provisions of section 208.010:

     (a) The division may by rule exclude such income or resources in determining such person's eligibility for permanent and total disability benefits; and

     (b) Eligibility standards for permanent and total disability benefits shall not be limited by age;

     (26) Within thirty days of the effective date of an initial appropriation authorizing medical assistance on behalf of "medically needy" individuals for whom federal reimbursement is available under 42 U.S.C. 1396a (a)(10)(c), the department of social services shall submit an amendment to the medicaid state plan to provide medical assistance on behalf of, at a minimum, an individual described in subclause (I) or (II) of clause 42 U.S.C. 1396a (a)(10)(C)(ii).

     2. Rules and regulations to implement this section shall be promulgated in accordance with section 431.064, RSMo, and chapter 536, RSMo. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     3. After December 31, 1973, and before April 1, 1990, any family eligible for assistance pursuant to 42 U.S.C. 601 et seq., as amended, in at least three of the last six months immediately preceding the month in which such family became ineligible for such assistance because of increased income from employment shall, while a member of such family is employed, remain eligible for medical assistance for four calendar months following the month in which such family would otherwise be determined to be ineligible for such assistance because of income and resource limitation. After April 1, 1990, any family receiving aid pursuant to 42 U.S.C. 601 et seq., as amended, in at least three of the six months immediately preceding the month in which such family becomes ineligible for such aid, because of hours of employment or income from employment of the caretaker relative, shall remain eligible for medical assistance for six calendar months following the month of such ineligibility as long as such family includes a child as provided in 42 U.S.C. 1396r-6. Each family which has received such medical assistance during the entire six-month period described in this section and which meets reporting requirements and income tests established by the division and continues to include a child as provided in 42 U.S.C. 1396r-6 shall receive medical assistance without fee for an additional six months. The division of medical services may provide by rule the scope of medical assistance coverage to be granted to such families.

     4. For purposes of section 1902(1), (10) of Title XIX of the federal Social Security Act, as amended, any individual who, for the month of August, 1972, was eligible for or was receiving aid or assistance pursuant to the provisions of Titles I, X, XIV, or Part A of Title IV of such act and who, for such month, was entitled to monthly insurance benefits under Title II of such act, shall be deemed to be eligible for such aid or assistance for such month thereafter prior to October, 1974, if such individual would have been eligible for such aid or assistance for such month had the increase in monthly insurance benefits under Title II of such act resulting from enactment of Public Law 92-336 amendments to the federal Social Security Act (42 U.S.C. 301 et seq.), as amended, not been applicable to such individual.

     5. When any individual has been determined to be eligible for medical assistance, such medical assistance will be made available to him for care and services furnished in or after the third month before the month in which he made application for such assistance if such individual was, or upon application would have been, eligible for such assistance at the time such care and services were furnished; provided, further, that such medical expenses remain unpaid."; and

     Further amend the title and enacting clause accordingly.

     Senator Klarich moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 3 is out of order in that the amendment goes beyond the scope, purpose and title of the original bill.

     Senator Scott assumed the Chair.

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

     President Pro Tem McKenna resumed the Chair.

     Senator Quick raised the point of order that SA 3 is out of order in that the amendment attempts to amend previously amended material.

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

     Senator Goode offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for House Substitute for House Bill No. 811, Page 3, Section 7, by striking the following: "board of directors" and inserting in lieu thereof the following: "director"; and

     Further amend said bill, page and section, line 26, by striking the following: "board of directors" and inserting in lieu thereof the following: "director"; and

     Further amend said bill and section, page 4, lines 21 and 22, by striking the following: "board of directors" and inserting in lieu thereof the following: "director"; and on line 25, by striking "board" and inserting "director"; and

     Further amend said bill, pages 5 to 7, Section 4, by striking all of said section and inserting in lieu thereof the following:

     "Section 4. The healthy Missouri children corporation shall operate subject to the supervision and approval of the director who shall be the director of the department of social services. The director shall appoint a salaried administrator to oversee the day to day operations of the corporation."; and

     Further amend said bill, page 7, Section 5, line 23 by striking the following: "board has" and inserting in lieu thereof the following: "director shall have".

     Senator Goode moved that the above amendment be adopted.

     Senator Klarich offered SSA 1 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 4

     Amend Senate Substitute for House Substitute for House Bill No. 811, Page 1, Sections 1 and 2, by striking all of said sections from the said bill; and inserting in lieu thereof the following:

     "208.151. 1. For the purpose of paying medical assistance on behalf of needy persons and to comply with Title XIX, Public Law 89-97, 1965 amendments to the federal Social Security Act (42 U.S.C. section 301 et seq.) as amended, the following needy persons shall be eligible to receive medical assistance to the extent and in the manner hereinafter provided:

     (1) All recipients of state supplemental payments for the aged, blind and disabled;

     (2) All recipients of aid to families with dependent children benefits, including all persons under nineteen years of age who would be classified as dependent children except for the requirements of subdivision (1) of subsection 1 of section 208.040;

     (3) All recipients of blind pension benefits;

     (4) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits under the eligibility standards in effect December 31, 1973, or less restrictive standards as established by rule of the division of family services, who are sixty-five years of age or over and are patients in state institutions for mental diseases or tuberculosis;

     (5) All persons under the age of twenty-one years who would be eligible for aid to families with dependent children except for the requirements of subdivision (2) of subsection 1 of section 208.040, and who are residing in an intermediate care facility, or receiving active treatment as inpatients in psychiatric facilities or programs, as defined in 42 U.S.C. 1396d, as amended;

     (6) All persons under the age of twenty-one years who would be eligible for aid to families with dependent children benefits except for the requirement of deprivation of parental support as provided for in subdivision (2) of subsection 1 of section 208.040;

     (7) All persons eligible to receive nursing care benefits;

     (8) All recipients of family foster home or nonprofit private child-care institution care, subsidized adoption benefits and parental school care wherein state funds are used as partial or full payment for such care;

     (9) All persons who were recipients of old age assistance benefits, aid to the permanently and totally disabled, or aid to the blind benefits on December 31, 1973, and who continue to meet the eligibility requirements, except income, for these assistance categories, but who are no longer receiving such benefits because of the implementation of Title XVI of the federal Social Security Act, as amended;

     (10) Pregnant women who meet the requirements for aid to families with dependent children, except for the existence of a dependent child in the home;

     (11) Pregnant women who meet the requirements for aid to families with dependent children, except for the existence of a dependent child who is deprived of parental support as provided for in subdivision (2) of subsection 1 of section 208.040;

     (12) Pregnant women or infants under one year of age, or both, whose family income does not exceed an income eligibility standard equal to [one hundred eighty-five] two hundred percent of the federal poverty level as established and amended by the federal Department of Health and Human Services, or its successor agency;

     (13) Children who have attained one year of age but have not attained six years of age who are eligible for medical assistance under 6401 of P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989). The division of family services shall use an income eligibility standard equal to [one hundred thirty-three] two hundred percent of the federal poverty level established by the Department of Health and Human Services, or its successor agency;

     (14) Children who have attained six years of age but have not attained nineteen years of age. For children who have attained six years of age but have not attained nineteen years of age, the division of family services shall use an income assessment methodology which provides for eligibility when family income is equal to or less than equal to [one] two hundred percent of the federal poverty level established by the Department of Health and Human Services, or its successor agency. As necessary to provide medicaid coverage under this subdivision, the department of social services may revise the state medicaid plan to extend coverage under 42 U.S.C. 1396a (a)(10)(A)(i)(III) to children who have attained six years of age but have not attained nineteen years of age as permitted by paragraph (2) of subsection (n) of 42 U.S.C. 1396d using a more liberal income assessment methodology as authorized by paragraph (2) of subsection (r) of 42 U.S.C. 1396a;

     (15) The following children with family income which does not exceed [two] three hundred percent of the federal poverty guideline for the applicable family size:

     (a) Infants who have not attained one year of age with family income greater than [one hundred eighty-five] two hundred percent of the federal poverty guideline for the applicable family size;

     (b) Children who have attained one year of age but have not attained six years of age with family income greater than [one hundred thirty-three] two hundred percent of the federal poverty guideline for the applicable family size; and

     (c) Children who have attained six years of age but have not attained nineteen years of age with family income greater than [one] two hundred percent of the federal poverty guideline for the applicable family size. Coverage under this subdivision shall be subject to the receipt of notification by the director of the department of social services and the revisor of statutes of approval from the secretary of the U.S. Department of Health and Human Services of applications for waivers of federal requirements necessary to promulgate regulations to implement this subdivision. The director of the department of social services shall apply for such waivers. The regulations may provide for a basic primary and preventive health care services package, not to include all medical services covered by section 208.152, and may also establish copayment, coinsurance, deductible, or premium requirements for medical assistance under this subdivision. Eligibility for medical assistance under this subdivision shall be available only to those infants and children who do not have or have not been eligible for employer-subsidized health care insurance coverage for the six months prior to application for medical assistance. Children are eligible for employer-subsidized coverage through either parent, including the noncustodial parent. The division of family services may establish a resource eligibility standard in assessing eligibility for persons under this subdivision. The division of medical services shall define the amount and scope of benefits which are available to individuals under this subdivision in accordance with the requirement of federal law and regulations. Coverage under this subdivision shall be subject to appropriation to provide services approved under the provisions of this subdivision;

     (16) The division of family services shall not establish a resource eligibility standard in assessing eligibility for persons under subdivision (12), (13) or (14) of this subsection. The division of medical services shall define the amount and scope of benefits which are available to individuals eligible under each of the subdivisions (12), (13), and (14) of this subsection, in accordance with the requirements of federal law and regulations promulgated thereunder except that the scope of benefits shall include case management services;

     (17) Notwithstanding any other provisions of law to the contrary, ambulatory prenatal care shall be made available to pregnant women during a period of presumptive eligibility pursuant to 42 U.S.C. section 1396r-1, as amended;

     (18) A child born to a woman eligible for and receiving medical assistance under this section on the date of the child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance for a period of time determined in accordance with applicable federal and state law and regulations so long as the child is a member of the woman's household and either the woman remains eligible for such assistance or for children born on or after January 1, 1991, the woman would remain eligible for such assistance if she were still pregnant. Upon notification of such child's birth, the division of family services shall assign a medical assistance eligibility identification number to the child so that claims may be submitted and paid under such child's identification number;

     (19) Pregnant women and children eligible for medical assistance pursuant to subdivision (12), (13) or (14) of this subsection shall not as a condition of eligibility for medical assistance benefits be required to apply for aid to families with dependent children. The division of family services shall utilize an application for eligibility for such persons which eliminates information requirements other than those necessary to apply for medical assistance. The division shall provide such application forms to applicants whose preliminary income information indicates that they are ineligible for aid to families with dependent children. Applicants for medical assistance benefits under subdivision (12), (13) or (14) shall be informed of the aid to families with dependent children program and that they are entitled to apply for such benefits. Any forms utilized by the division of family services for assessing eligibility under this chapter shall be as simple as practicable;

     (20) Subject to appropriations necessary to recruit and train such staff, the division of family services shall provide one or more full-time, permanent case workers to process applications for medical assistance at the site of a health care provider, if the health care provider requests the placement of such case workers and reimburses the division for the expenses including but not limited to salaries, benefits, travel, training, telephone, supplies, and equipment, of such case workers. The division may provide a health care provider with a part-time or temporary case worker at the site of a health care provider if the health care provider requests the placement of such a case worker and reimburses the division for the expenses, including but not limited to the salary, benefits, travel, training, telephone, supplies, and equipment, of such a case worker. The division may seek to employ such case workers who are otherwise qualified for such positions and who are current or former welfare recipients. The division may consider training such current or former welfare recipients as case workers for this program;

     (21) Pregnant women who are eligible for, have applied for and have received medical assistance under subdivision (2), (10), (11) or (12) of this subsection shall continue to be considered eligible for all pregnancy-related and postpartum medical assistance provided under section 208.152 until the end of the sixty-day period beginning on the last day of their pregnancy;

     (22) Case management services for pregnant women and young children at risk shall be a covered service. To the greatest extent possible, and in compliance with federal law and regulations, the department of health shall provide case management services to pregnant women by contract or agreement with the department of social services through local health departments organized under the provisions of chapter 192, RSMo, or chapter 205, RSMo, or a city health department operated under a city charter or a combined city-county health department or other department of health designees. To the greatest extent possible the department of social services and the department of health shall mutually coordinate all services for pregnant women and children with the crippled children's program, the prevention of mental retardation program and the prenatal care program administered by the department of health. The department of social services shall by regulation establish the methodology for reimbursement for case management services provided by the department of health. For purposes of this section, the term "case management" shall mean those activities of local public health personnel to identify prospective medicaid-eligible high-risk mothers and enroll them in the state's medicaid program, refer them to local physicians or local health departments who provide prenatal care under physician protocol and who participate in the medicaid program for prenatal care and to ensure that said high-risk mothers receive support from all private and public programs for which they are eligible and shall not include involvement in any medicaid prepaid, case-managed programs;

     (23) By January 1, 1988, the department of social services and the department of health shall study all significant aspects of presumptive eligibility for pregnant women and submit a joint report on the subject, including projected costs and the time needed for implementation, to the general assembly. The department of social services, at the direction of the general assembly, may implement presumptive eligibility by regulation promulgated pursuant to chapter 207, RSMo;

     (24) All recipients who would be eligible for aid to families with dependent children benefits except for the requirements of paragraph (d) of subdivision (1) of section 208.150;

     (25) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits, under the eligibility standards in effect December 31, 1973, or those supplemental security income recipients who would be determined eligible for general relief benefits under the eligibility standards in effect December 31, 1973, except income; or less restrictive standards as established by rule of the division of family services. If federal law or regulation authorizes the division of family services to, by rule, exclude the income or resources of a parent or parents of a person under the age of eighteen and such exclusion of income or resources can be limited to such parent or parents, then notwithstanding the provisions of section 208.010:

     (a) The division may by rule exclude such income or resources in determining such person's eligibility for permanent and total disability benefits; and

     (b) Eligibility standards for permanent and total disability benefits shall not be limited by age;

     (26) Within thirty days of the effective date of an initial appropriation authorizing medical assistance on behalf of "medically needy" individuals for whom federal reimbursement is available under 42 U.S.C. 1396a (a)(10)(c), the department of social services shall submit an amendment to the medicaid state plan to provide medical assistance on behalf of, at a minimum, an individual described in subclause (I) or (II) of clause 42 U.S.C. 1396a (a)(10)(C)(ii).

     2. Rules and regulations to implement this section shall be promulgated in accordance with section 431.064, RSMo, and chapter 536, RSMo. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     3. After December 31, 1973, and before April 1, 1990, any family eligible for assistance pursuant to 42 U.S.C. 601 et seq., as amended, in at least three of the last six months immediately preceding the month in which such family became ineligible for such assistance because of increased income from employment shall, while a member of such family is employed, remain eligible for medical assistance for four calendar months following the month in which such family would otherwise be determined to be ineligible for such assistance because of income and resource limitation. After April 1, 1990, any family receiving aid pursuant to 42 U.S.C. 601 et seq., as amended, in at least three of the six months immediately preceding the month in which such family becomes ineligible for such aid, because of hours of employment or income from employment of the caretaker relative, shall remain eligible for medical assistance for six calendar months following the month of such ineligibility as long as such family includes a child as provided in 42 U.S.C. 1396r-6. Each family which has received such medical assistance during the entire six-month period described in this section and which meets reporting requirements and income tests established by the division and continues to include a child as provided in 42 U.S.C. 1396r-6 shall receive medical assistance without fee for an additional six months. The division of medical services may provide by rule the scope of medical assistance coverage to be granted to such families.

     4. For purposes of section 1902(1), (10) of Title XIX of the federal Social Security Act, as amended, any individual who, for the month of August, 1972, was eligible for or was receiving aid or assistance pursuant to the provisions of Titles I, X, XIV, or Part A of Title IV of such act and who, for such month, was entitled to monthly insurance benefits under Title II of such act, shall be deemed to be eligible for such aid or assistance for such month thereafter prior to October, 1974, if such individual would have been eligible for such aid or assistance for such month had the increase in monthly insurance benefits under Title II of such act resulting from enactment of Public Law 92-336 amendments to the federal Social Security Act (42 U.S.C. 301 et seq.), as amended, not been applicable to such individual.

     5. When any individual has been determined to be eligible for medical assistance, such medical assistance will be made available to him for care and services furnished in or after the third month before the month in which he made application for such assistance if such individual was, or upon application would have been, eligible for such assistance at the time such care and services were furnished; provided, further, that such medical expenses remain unpaid."; and

     Further amend said bill, Sections 4, 5 and 6, pages 5-8, by striking all of said sections; and

     Further amend the title and enacting clause accordingly.

     Senator Klarich moved that the above amendment be adopted.

     Senator Quick requested a roll call vote be taken and was joined in his request by Senators Childers, Goode, Howard and Kenney.

     SSA 1 for SA 4 was adopted by the following vote:
Yeas--Senators
BentleyChildersEhlmannFlotron
GravesHouseKenneyKinder
KlarichMuellerRohrbachRussell
SchneiderSimsSingletonWestfall
Yeckel--17
Nays--Senators
CaskeyClayCurlsDePasco
GoodeHowardJacobJohnson
LybyerMathewsonMaxwellMcKenna
QuickScottStaplesWiggins--16
Absent--Senators--Banks--1
Absent with leave--Senators--None

     Senator Johnson resumed the Chair.

     Senator Sims offered SA 5, which was read:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for House Substitute for House Bill No. 811, Page 2, Section 3, Line 7, by removing "organize children's groups to".

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

     Senator Quick moved that SS for HS for HB 811, as amended, be adopted, which motion prevailed.

     On motion of Senator Quick, SS for HS for HB 811, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyClayCurls
DePascoEhlmannGoodeHoward
JacobJohnsonKlarichLybyer
MathewsonMaxwellMcKennaQuick
SchneiderScottSimsStaples
Wiggins--21
Nays--Senators
ChildersFlotronGravesHouse
KenneyKinderMuellerRohrbach
RussellSingletonWestfallYeckel--12
Absent--Senators--Bentley--1
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 McKenna moved that motion lay on the table, which motion prevailed.

     HCS for HB 557, with SCS, entitled:

     An Act to repeal sections 30.750, 30.756, 30.758 and 348.015, RSMo 1994, relating to economic development, and to enact in lieu thereof thirteen new sections relating to the same subject.

     Was taken up by Senator Maxwell.

     SCS for HCS for HB 557, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 557

     An Act to repeal sections 30.750, 30.756, 30.758, 30.767, 348.015 and 348.200, RSMo 1994, and section 348.075, RSMo Supp. 1996, relating to economic development, and to enact in lieu thereof twenty-two new sections relating to the same subject.

     Was taken up.

     Senator Maxwell moved that SCS for HCS for HB 557 be adopted, which motion prevailed.

     On motion of Senator Maxwell, SCS for HCS for HB 557 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
GoodeGravesHouseHoward
JacobJohnsonKinderKlarich
LybyerMathewsonMaxwellMcKenna
RussellSchneiderScottSims
SingletonStaplesWigginsYeckel--28
Nays--Senators
FlotronKenneyMuellerRohrbach--4
Absent--Senators
QuickWestfall--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

REFERRALS

     President Pro Tem McKenna referred HB 151, with SCS; HB 34; and HB 232 to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

     HB 578, introduced by Representatives Williams (121) and Tate, entitled:

     An Act to repeal section 135.352, RSMo Supp. 1996, relating to tax credits, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator Caskey.

     Senator Caskey offered SS for HB 578, entitled:

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 578

     An Act to repeal section 135.352, RSMo Supp. 1996, relating to tax credits, and to enact in lieu thereof one new section relating to the same subject.

     Senator Caskey moved that SS for HB 578 be adopted, which motion prevailed.

     On motion of Senator Caskey, SS for HB 578 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderLybyerMathewsonMcKenna
MuellerRussellScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--Rohrbach--1
Absent--Senators
KlarichMaxwellQuickSchneider--4
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     At the request of Senator McKenna, HCS for HB 141, with SCS, was placed on the Informal Calendar.

     HB 381, introduced by Representatives Koller and Crump, entitled:

     An Act to repeal section 301.010, 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 Staples.

     On motion of Senator Staples, HB 381 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
MaxwellSchneider--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HS for HCS for HB 361, with SCS, entitled:

     An Act to repeal sections 441.020, 441.040, 441.060, 441.130, 441.140, 534.030, 534.090, 534.330, 534.380, 535.020, 535.030, 535.040, 535.060, 535.070, 535.080, 535.090, 535.120, 535.130, 535.140, 535.150, 535.160, 535.170, 569.100 and 569.120, RSMo 1994, relating to certain landlord-tenant actions, and to enact in lieu thereof thirty new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Curls.

     SCS for HS for HCS for HB 361, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 361

     An Act to repeal sections 441.020, 441.040, 441.060, 441.130, 441.140, 534.030, 534.090, 534.330, 534.380, 535.020, 535.030, 535.040, 535.060, 535.070, 535.080, 535.090, 535.140, 535.160 and 535.170, RSMo 1994, relating to certain landlord-tenant actions, and to enact in lieu thereof forty-seven new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Curls moved that SCS for HS for HCS for HB 361 be adopted, which motion prevailed.

     On motion of Senator Curls, SCS for HS for HCS for HB 361 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BanksFlotronKlarichStaples--4
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HCS for HB 214, with SCS, entitled:

     An Act relating to certain merchandising practices.

     Was taken up by Senator Howard.

     SCS for HCS for HB 214, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 214

     An Act relating to certain merchandising practices.

     Was taken up.

     Senator Howard moved that SCS for HCS for HB 214 be adopted, which motion prevailed.

     On motion of Senator Howard, SCS for HCS for HB 214, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderLybyerMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators--None
Absent--Senators
BanksCurlsFlotronKlarich
MathewsonScott--6
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

RESOLUTIONS

     Senator McKenna offered Senate Resolution No. 835, regarding Marie Hisel, Arnold, which was adopted.

     Senator Schneider offered Senate Resolution No. 836, regarding Reverend Dr. James Davis, St. Louis, which was adopted.

     Senator Sims offered Senate Resolution No. 837, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Joseph Clifford Stone, St. Ann, which was adopted.

     Senator Yeckel offered Senate Resolution No. 838, regarding Dr. Mary Louise Zieger, which was adopted.

     Senator Caskey offered Senate Resolution No. 839, regarding Victor F. Kretzschmar, Adrian, which was adopted.

     Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 840

     WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Reverend Maurice E. Van Ackeren, S.J., Chancellor of Rockhurst College, Kansas City; and

     WHEREAS, Father Van Ackeren, a native of Cedar Rapids, Nebraska, attended Creighton University in Omaha, where he was an All American Basketball player in 1930 and 1931, and was scouted as a baseball pitcher by both the Cleveland Indians and Chicago White Sox; and

     WHEREAS, Father Van Ackeren, after joining the Society of Jesus on September 1, 1932, attended Saint Louis University and St. Mary's College, St. Marys, Kansas, was ordained a Jesuit Priest June 17, 1943, and was appointed Principal of St. Louis University High School; and

     WHEREAS, on March 18, 1951, Father Van Ackeren was named the ninth President of Rockhurst College, serving continuously until 1977 when he became Chancellor, a post he held until his death, a tenure unparalleled in any Jesuit College in the United States; and

     WHEREAS, Father Van Ackeren was more than a nationally prominent educator but also a prominent civic leader in Kansas City and Missouri, a member of the Missouri Academy of Squires, was selected as Mr. Kansas City in 1983 by the Chamber of Commerce of Greater Kansas City, was appointed a Knight of the Holy Sepulcher with the rank of Knight Commander with a Star, and was accorded numerous other honors too numerous to mention in one Resolution; and

     WHEREAS, Father Van Ackeren was an active member of Alpha Sigma Nu, National Jesuit Honor Society and an Honorary Member of Alpha Delta Gamma, National Social Fraternity; and

     WHEREAS, "Father Van", as he was known affectionately by thousands of students whose lives and careers were enriched by his leadership and inspiration will live forever in history as "Mr. Rockhurst", and was an especially close friend of our Colleague, the current Senator from the 10th District, Senator Harry Wiggins, a Rockhurst graduate, who was visited numerous times in the Capitol by Father Van Ackeren in the years since 1974, giving many of us the privilege to meet and know him;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of a great Missourian, educator, and humanitarian, Father Maurice Van Ackeren, express their appreciation for his lifetime of good citizenship and his incalculable contributions to Kansas City, to Missouri, and to America, and express to the Rockhurst Jesuit Community, as well as to Rockhurst students and alumni, 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 to Rev. Peter Ely, S.J., President of Rockhurst College, Rev. Tom Savage, S.J., Rockhurst College, Provincial Missouri Province, Society of Jesus, Mrs. Virginia Greenlease, Mr. John Sullivan and Mr. John Massman.

HOUSE BILLS ON THIRD READING

     HS for HB 850, with SCS, entitled:

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

     Was taken up by Senator McKenna.

     SCS for HS for HB 850, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 850

     An Act to repeal sections 536.017, 536.021 and 536.022, RSMo 1994, and sections 536.025 and 536.050, RSMo Supp. 1996, relating to administrative rulemaking, and to enact in lieu thereof seven new sections relating to the same subject, with an emergency clause.

     Was taken up.

     Senator McKenna moved that SCS for HS for HB 850 be adopted.

     Senator McKenna offered SS for SCS for HS for HB 850, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 850

     An Act to repeal sections 536.021, 536.022, 536.023 and 536.041, RSMo 1994, and sections 536.024, 536.025 and 536.050, RSMo Supp. 1996, relating to administrative rulemaking, and to enact in lieu thereof thirteen new sections relating to the same subject, with an emergency clause.

     Senator McKenna moved that SS for SCS for HS for HB 850 be adopted, which motion prevailed.

     On motion of Senator McKenna, SS for SCS for HS for HB 850 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderLybyer
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BanksFlotronKlarichMathewson
Scott--5
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderLybyer
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BanksFlotronKlarichMathewson
Scott--5
Absent with leave--Senators--None

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

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

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

REPORTS OF STANDING COMMITTEES

     On behalf of Senator Scott, Chairman of the Committee on State Budget Control, Senator McKenna submitted the following report:

     Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 288, with SCAs 1, 2, 3 and 4, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 630, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 172, 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. 172, Page 2, Section 130.034, Line 20, by inserting immediately after the word "gift" the following: ", not to exceed ten thousand dollars,".

HOUSE BILLS ON THIRD READING

     HCS for HB 141, with SCS, entitled:

     An Act to repeal sections 407.980, 407.985 and 407.987, RSMo Supp. 1996, relating to convenience store security, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

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

     SCS for HCS for HB 141, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 141

     An Act to repeal sections 407.980, 407.985 and 407.987, RSMo Supp. 1996, relating to convenience store security, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator McKenna moved that SCS for HCS for HB 141 be adopted.

     Senator McKenna offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 141, Page 2, Section 407.985, Line 26, by striking "or" as it second appears and inserting in lieu thereof the word "and".

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

     Senator Wiggins resumed the Chair.

     Senator McKenna moved that SCS for HCS for HB 141 be adopted, which motion prevailed.

     On motion of Senator McKenna, SCS for HCS for HB 141 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
HowardSimsSingleton--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.

PRIVILEGED MOTIONS

     Senator Mathewson moved that SB 128, with HA 1, as amended, HA 2 and HA 4, be taken up for 3rd reading and final passage, which motion prevailed.

     HA 1, as amended, was taken up.

     Senator Mathewson moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMuellerQuickRohrbach
RussellScottSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
McKennaSchneiderSims--3
Absent with leave--Senators--None

     HA 2 was taken up.

     Senator Mathewson moved that the above amendment be adopted, which motion failed by the following vote:
Yeas--Senators
CurlsScottStaples--3
Nays--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderSingletonWestfallWiggins
Yeckel--29
Absent--Senators
BanksSims--2
Absent with leave--Senators--None

     HA 4 was taken up.

     Senator Mathewson moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerRohrbach
RussellSchneiderScottSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
QuickSims--2
Absent with leave--Senators--None

     On motion of Senator Mathewson, SB 128, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKinder
LybyerMathewsonMaxwellMueller
QuickRohrbachRussellSchneider
ScottSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--Kenney--1
Absent--Senators
KlarichMcKennaSims--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Flotron moved that the vote by which SA 3 to HCS for HBs 87 and 264 was adopted be reconsidered, which motion failed by the following vote:
Yeas--Senators
BanksBentleyClayCurls
EhlmannFlotronHouseJacob
JohnsonMcKennaQuickSchneider
ScottWigginsYeckel--15
Nays--Senators
CaskeyChildersGoodeGraves
HowardKenneyKinderKlarich
LybyerMathewsonMaxwellMueller
RohrbachRussellSingletonWestfall--16
Absent--Senators
DePascoSimsStaples--3
Absent with leave--Senators--None

     Senator House raised the point of order that he had sought verification of the roll and that, thereafter, some members were allowed to change their votes.

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

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 SCA 1 to HCS for HB 697 and has again taken up and passed HCS for HB 697 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SSA 1 for SA 2, and SA 3 to HCS for HB 620 and has again taken up and passed HCS for HB 620 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to HB 301 and has again taken up and passed HB 301 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 276, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon and to exceed the differences in Section 2, Paragraph 9.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, as amended: Representatives: Hosmer, Reynolds, Stroker, Alter and Crawford.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HS for HB 390, as amended: Representatives: Hoppe, Foley, Hosmer, Edwards-Pavia, Griesheimer.

     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 SCS for SBs 49, 213, 130, 32, 235 and 221, entitled:

     An Act to repeal sections 70.820, 252.085, 571.020, 571.070, 571.090 and 575.010, RSMo 1994, and sections 43.265, 571.030 and 590.105, RSMo Supp. 1996, relating to crimes and punishment, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions and a referendum clause.

     With House Amendments Nos. 1, 2, 3, 4, 6, 8, 9, 12 13, 15 and 16.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 45, Line 4, by inserting after all of said line the following:

     "34.140. 1. The commissioner of administration may require an inventory to be made when necessary of all removable equipment owned by the state.

     2. The commissioner of administration shall have the power to transfer supplies from any department where they are not needed to any other department where they are needed and to direct that proper charges and credits be made on the inventories of the departments concerned.

     3. The commissioner of administration may distribute surplus or unneeded supplies or property to eligible donees, as that term is defined in connection with the federal surplus property program, in the same manner as provided for the distribution of federal surplus property.

     4. The commissioner of administration may sell surplus or unneeded supplies or property which are not transferred to state agencies or distributed to eligible donees to the general public by auction, sealed bid.

     5. A [member] uniformed employee of the Missouri state highway patrol, with the approval of the superintendent, may purchase upon retirement, by reason of length of service or disability or by the member's next of kin in case of death, the service pistol, off-duty sidearm and badge carried by such member immediately prior to retirement. The purchase price for the service pistol, off-duty sidearm and badge shall be equal to the replacement cost thereof."; and

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

HOUSE AMENDMENT NO. 2

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 1, In the Title, Line 4, by deleting the number "43.265,"; and

     Further amend said bill, Page 1, In the Title, Line 7, by deleting the word "eighteen" and inserting in lieu thereof the word "sixteen"; and

     Further amend said bill, Page 1, Section A, Line 13, by deleting the number "43.265,"; and

     Further amend said bill, Page 1, Section A, Line 14, by deleting the word "eighteen" and inserting in lieu thereof the word "sixteen"; and

     Further amend said bill, Page 1, Section A, Line 15, by deleting the number "43.265,"; and

     Further amend said bill, Page 1, Section A, Line 18, by deleting "590.105 and 1" and inserting in lieu thereof the following: "and 590.105"; and

     Further amend said bill, Pages 1 to 3, Section 43.265, by deleting all of said section; and

     Further amend said bill, Pages 43 to 44, Section 1, by deleting all of said section.

HOUSE AMENDMENT NO. 3

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 36, Section 577.068, Lines 1 through 26, by deleting all of said lines and inserting in lieu thereof the following:

     "577.068. 1. No person shall knowingly leave the scene where a serious physical injury as defined in section 565.002, RSMo, or death has occurred due to an accident or the negligence of that person, without giving such person's name, address and driver's license number, if applicable, to a law enforcement officer or emergency medical personnel. If no such officer or emergency medical personnel are in the vicinity, the person shall provide such information to the nearest police station or law enforcement officer. A person is not in violation of this section if the person leaves the scene in order to obtain medical assistance or contact law enforcement authorities to notify them of the accident, or the victim requests that no assistance be given.

     2. All peace officers and reserve peace officers certified under the provisions of chapter 590, RSMo, shall have authority to investigate serious physical injury as defined in section 565.002, RSMo, or death, which has occurred due to an accident or negligence of a person, and arrest a person who violates subsection 1 of this section, except that authorized agents of the commission as defined in section 252.020, RSMo, may enforce such provisions related to hunting accidents. For the purpose of this section, a hunting accident shall be defined as any accident in which a person is injured as a result of hunting activity that involves the discharge of a hunting weapon and does not occur within a residential area.

     3. Leaving the scene where a serious physical injury as defined in section 565.002, RSMo, or death, has occurred due to an accident or negligence of a person, is a class D felony.".

HOUSE AMENDMENT NO. 4

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 13, Section 571.030, Line 20, by inserting immediately after the word "judge" on said line the following "or municipal court judge"; and

     Further amend said section, page 14, line 2, by inserting immediately after the word "attorney" on said line the following "or any active or former assistant prosecuting attorney or assistant circuit attorney".

HOUSE AMENDMENT NO. 6

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 11, Section 571.030, Line 3 of said page, by deleting the words ", with or without a permit,"; and

     Further amend said bill, Page 11, Section 571.030, Line 4 of said page, by deleting the words "consuming alcohol or while"; and

     Further amend said bill, Page 12, Section 571.030, Line 9 of said page, by deleting the word "state." and inserting in lieu thereof the following: "state; or"

     (12) Carries on his or her person a concealable weapon while consuming alcohol or while intoxicated.".

HOUSE AMENDMENT NO. 8

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Pages 37-38, Section 578.450, Lines 13-5, by deleting all of said lines.

HOUSE AMENDMENT NO. 9

     Amend House Substitute for Senate Committee Substitute for Senate Bill Nos. 49, 213, 130, 32, 235 & 221, Page 44, Section 1, Line 11, by inserting immediately after said line the following:

     "Section 2. Any person acting as a bounty hunter must be registered with the county sheriff in which said bounty hunter resides. This section shall not apply to persons which own licensed bail bond agencies and act as bounty hunters. Registration process would include but, is not limited to:

Name

Address

Phone

Employment /Position

Background Check for criminal or civil disorder records

Agency/Agencies employed by

Registration fees to cover cost of process of registration.

Fees cannot exceed $100.00 annually.".

HOUSE AMENDMENT NO. 12

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 18, Section 571.090, Line 19, by deleting the words "social security number" and insert in lieu thereof the following: "drivers license number"; and

     Further amend said bill, page 25, section 571.091, line 10 by deleting said line and inserting in lieu thereof the following: "the name, drivers license number, occupation, date of birth".

HOUSE AMENDMENT NO. 13

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 31, Section 16, Line 11, by inserting after the word "day," "into the buildings of a health care facility as defined in chapter 197. or 198.,".

HOUSE AMENDMENT NO. 15

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 13, Section 571.030, Line 4, by deleting lines 4 through 8; and

     Further amend said bill, Page 16 Line 4 by adding the following:

     "8. Subdivision (1) and (8) of subsection 1 of this section shall not apply to or affect any person 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, and subdivisions (3), (4), (6), (7) and (9) shall not apply to or affect the above if the person was acting in self defense or the defense of another"; and

     Further amend the enacting clause and title accordingly.

HOUSE AMENDMENT NO. 16

     Amend House Substitute for Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 12, Section 571.030, Line 9, by inserting immediately after said line the following:

     "(12) Carries a concealed firearm into a United States Post Office.".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and concurred in SCA 1, SA 2, SA 3 to HS for HCS for HB 472 but refused to concur in SA 1 to HS for HCS for HB 472 and requests the Senate to recede from its position thereon and failing to do so grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for SCS for HB 259 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon and the conferees by allowed to exceed the differences on JCAR.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SS for SCS for HB 207, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SB 21, as amended, and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SB 21, as amended: Representatives: Hoppe, Hosmer, Kreider, Edwards-Pavia and Froelker.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SCS for SB 141, as amended, and grants the Senate a conference thereon.

PRIVILEGED MOTIONS

     Senator Quick moved that the Senate refuse to recede from its position on SCS for HCS for HB 276, as amended, and grant the House a conference thereon, and that the conferees be allowed to exceed the differences in Section 2, Paragraph 9, which motion prevailed.

     President Pro Tem McKenna resumed the Chair.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for SCS for SB 141, as amended: Senators Quick, McKenna, Johnson, Klarich and Mueller.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for SB 21, as amended: Senators Lybyer, Johnson, Clay, Bentley and Childers.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 276, as amended: Senators Quick, McKenna, Scott, Childers and Sims.

PRIVILEGED MOTIONS

     Senator Mathewson moved that the Senate request the House to recede from its position on HA 2 to SB 128, as amended, and pass SB 128, as amended, which motion prevailed.

     Senator Schneider moved that the Senate refuse to concur in HCS for SS for SB 248, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Rohrbach moved that the Senate refuse to concur in HCAs 1, 2 and 3 and HAs 1, 2 and 3 to SB 358 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Flotron moved that the Senate refuse to recede from its position on SS for SCS for HB 259 and grant the House a conference thereon and that the conferees be allowed to exceed the differences solely to insert the new JCAR language, which motion prevailed.

     Senator Staples moved that the Senate refuse to recede from its position on SS for SCS for HB 207, as amended, and grant the House a conference thereon, and that the conferees be allowed to exceed the differences to include the new JCAR language, which motion prevailed.

     Senator Russell moved that SB 67, with HCA 1 and HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Russell moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGravesHouse
JacobJohnsonKenneyKinder
KlarichLybyerMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSingletonStaples
WestfallWigginsYeckel--27
Nays--Senators--Howard--1
Absent--Senators
BanksClayCurlsGoode
MathewsonSims--6
Absent with leave--Senators--None

     Senator Russell moved that the Senate refuse to concur in HA 1, as amended, and request the House to recede from its position and take up and pass the bill, which motion prevailed.

     On motion of Senator Russell, SB 67, as amended by HCA 1, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--Flotron--1
Absent--Senators
BanksCurlsGoodeSims--4
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

CONFERENCE COMMITTEE REPORTS

     Senator Mathewson, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SCS for SB 16, as amended, submitted the following conference committee report no. 2:

CONFERENCE COMMITTEE REPORT NO. 2 ON HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 16

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 16 as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 16 with House Amendment No. 1 and House Amendment No. 2;

     2. That the Senate recede from its position on Senate Committee Substitute for Senate Bill No. 16;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Jim Mathewson      /s/ Gracia Y. Backer

/s/ Betty Sims      /s/ Rita D. Days

/s/ Sidney Johnson      /s/ Rodger Fitzwater

/s/ Steve Ehlmann      /s/ Linda Bartelsmeyer

/s/ Harold Caskey       /s/ Beth Long

     Senator Mathewson moved that the above conference committee report no. 2 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGravesHouse
HowardJacobJohnsonKenney
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachRussell
SchneiderScottSingletonStaples
WestfallWigginsYeckel--27
Nays--Senators
ClayKinder--2
Absent--Senators
BanksCurlsGoodeMueller
Sims--5
Absent with leave--Senators--None

     On motion of Senator Mathewson, CCS for HS for HCS for SCS for SB 16, entitled:

CONFERENCE COMMITTEE SUBSTITUTE NO. 2 FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 16

     An Act to repeal sections 105.450, 105.461, 105.464, 105.470, 105.472, 105.491, 105.492, 105.498, 105.957, 105.959, 105.961, 105.963, 105.969, 130.016, 130.021, 130.031, 130.032, 130.036, 130.038, 130.051, 130.053, 130.054 and 130.056, RSMo 1994, and sections 105.483, 105.487, 105.955, 130.011, 130.034, 130.037, 130.041, 130.046, 130.052, 130.057, 130.100, 130.130 and 130.140, RSMo Supp. 1996, relating to public officers, and to enact in lieu thereof forty-three new sections relating to campaign, ethics and lobbying reform.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannFlotronGraves
HouseHowardJacobJohnson
KenneyKlarichLybyerMathewson
MaxwellMcKennaQuickRohrbach
RussellSchneiderScottSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators--Kinder--1
Absent--Senators
BanksCurlsGoodeMueller
Sims--5
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.

PRIVILEGED MOTIONS

     Senator Klarich moved that the Senate refuse to recede from its position on SA 1 to HS for HCS for HB 472 and grant the House a conference thereon, which motion prevailed.

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 13, 1997

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

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on May 2, 1997 for your advice and consent.

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

Respectfully submitted,

MEL CARNAHAN

Governor

RESOLUTIONS

     Senator Clay offered Senate Resolution No. 841, regarding Mrs. Dollie Franklin-Metts, which was adopted.

COMMUNICATIONS

     Senator Caskey submitted the following:

May 13, 1997

Ms. Terry Spieler

Secretary of Senate

Senate Post Office

State Capitol

Jefferson City, MO

Dear Ms. Spieler:

Senators from the City of St. Louis have requested permission to form a "City of St. Louis Caucus".

Rule 102 provides, inter alia, that participation of members, officers and staff in activities authorized in section 105.470.4 (2)(c), RSMo., will not come under the provisions of the Rule.

Section 105.470.4(2)(c), RSMo authorizes the activities of caucuses of the Senate or House, but requires that those caucuses be approved by the Ethics Committee of the respective chamber. This caucus was approved by a 7-1 vote with Senator Marvin Singleton dissenting.

Very truly yours,

/s/ Harold

Harold L. Caskey

     Also,

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

May 13, 1997

Ms. Terry Spieler

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

Please find attached the corrected House Amendment No. 2 to House Substitute for House Committee Substitute for Senate Bill No. 21 as adopted by the House of Representatives on May 12, 1997.

If you have any questions, please feel free to contact me.

Sincerely,

/s/ Anne C. Walker

Chief Clerk

HOUSE AMENDMENT NO. 2

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 6, Section 67.1300, Line 20 of said page, by inserting immediately before the words "of the contiguous" the following: "["; and

     Further amend said bill, Page 7, Section 67.1300, Line 1 of said bill, by inserting after the word "any" the following: "]"; and

     Further amend said bill, Page 7, Section 67.1300, Lines 7 to 11 of said page, by deleting all of said lines; and

     Further amend said bill, Page 7, Section 67.1300, Line 12 of said page, by deleting the word "the"; and

     Further amend said bill, Page 7, Section 67.1300, Line 14 of said page, by deleting the words "or any county of the"; and

     Further amend said bill, Page 7, Section 67.1300, Lines 15 to 22, by deleting all of said lines; and

     Further amend said bill, Page 8, Section 67.1300, Lines 1 to 22 of said page, by deleting all of said lines; and

     Further amend said bill, Page 9, Section 67.1300, Lines 1 to 9 of said page, by deleting all of said lines; and

     Further amend said bill, Page 9, Section 67.1300, Line 10 of said page, by deleting the words "than twenty-seven thousand five hundred" and inserting in lieu thereof the following: "or any county of the third classification"; and

     Further amend said bill, Page 9, Section 67.1300, Line 14 of said page, by inserting after the word "RSMo" the following: "["; and

     Further amend said bill, Page 10, Section 67.1300, Line 7 of said page, by inserting after the word "inhabitants" the following: "]".

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 13, 1997

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 70 entitled:

"AN ACT"

To repeal section 186.055, RSMo Supp. 1996, relating to the humanities trust fund, and to enact one new section relating to the same subject, with an emergency clause.

On May 13, 1997, I approved said Senate Bill No. 70.

Respectfully submitted,

MEL CARNAHAN

INTRODUCTIONS OF GUESTS

     On behalf of Senator McKenna, the President introduced to the Senate, Skip and Becky Johnson, Imperial.

     Senator Sims introduced to the Senate, thirteen eighth grade students from St. Mary's Elementary School, Bridgeton; and Timothy LaVallee, Distin Lippman, Zac O'Neill, Mark Perry and Bryan Reading were made honorary pages.

     Senator Sims introduced to the Senate, forty fourth and sixth grade students from Wilson School, Clayton.

     On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Wednesday, May 14, 1997.