Journal of the Senate

FIRST REGULAR SESSION


SEVENTY-SECOND DAY--FRIDAY, MAY 16, 1997


     The Senate met pursuant to adjournment.

     Senator Wiggins in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, let these last hours be the best in this year's session. Let the decisions made, the reports given, the debate presented and the votes taken be done with all of the best that is in us. Thank You for the support You have provided. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

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

     

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 887, regarding Robert L. Rice, which was adopted.

     Senator Curls offered Senate Resolution No. 888, regarding Reverend Abraham Ophel DeLove, which was adopted.

     Senator Curls offered Senate Resolution No. 889, regarding Felecia Demyers, which was adopted.

     Senator Curls offered Senate Resolution No. 890, regarding Brandon Whitney, which was adopted.

     Senator Curls offered Senate Resolution No. 891, regarding Joy Brown, which was adopted.

     Senator Lybyer offered Senate Resolution No. 892, regarding Briggs & Stratton Corporation, Rolla, which was adopted.

     Senator Kenney offered Senate Resolution No. 893, regarding the Sixty-sixth Birthday of Reverend Charles J. Briscoe, Kansas City, which was adopted.

HOUSE BILLS ON THIRD READING

     HB 379, with SCS, introduced by Representative Franklin, entitled:

     An Act to repeal sections 306.031, 306.060, 306.122, 306.125, 306.126, 306.142, 306.147, 306.221, 306.550 and 306.903, RSMo Supp. 1996, relating to watercraft, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions and an emergency clause.

     Was taken up by Senator Childers.

     SCS for HB 379, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 379

     An Act to repeal sections 306.031, 306.060, 306.122, 306.125, 306.126, 306.142, 306.147, 306.221, 306.550 and 306.903, RSMo Supp. 1996, relating to watercraft, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions and an emergency clause.

     Was taken up.

     Senator Childers moved that SCS for HB 379 be adopted, which motion prevailed.

     On motion of Senator Childers, SCS for HB 379 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMcKennaMueller
QuickRohrbachRussellScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsMaxwellSchneider--4
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMcKennaMueller
QuickRohrbachRussellScott
SimsWestfallWigginsYeckel--28
Nays--Senators--None
Absent--Senators
ChildersClayMaxwellSchneider
SingletonStaples--6
Absent with leave--Senators--None

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

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

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

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 3 on HCS for HBs 600 and 388, as amended, and has taken up and passed CCS for HCS for HBs 600 and 388.

     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 SS for HCS for HBs 641 and 593, as amended: Representatives: Fitzwater, Stoll, McLuckie, Hartzler (123) and McClelland.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House conferees on HCS for SS for SCS for SB 165, as amended, are allowed to exceed the differences in Section 99.845, Subsection 5, to add income tax withholding as a TIF Funding source and Subsection 7, to add the requirement of a concurrent resolution for project approval and in Section 2, to add details to the disapproval process for certified investment companies.

PRIVILEGED MOTIONS

     Senator Banks moved that the Senate refuse to recede from its position on SS for SCS for HB 32, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE REPORTS

     Senator Rohrbach, on behalf of the conference committee appointed to act with a like committee from the House on SB 358, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE BILL NO. 358

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Bill No. 358, with House Committee Amendments Nos. 1, 2, & 3 and House Amendments Nos. 1, 2, & 3; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Amendment No. 3;

     2. That the Senate recede from its position on House Committee Amendments Nos. 1, 2 & 3 and House Amendments Nos. 1 & 2;

     3. That Senate Bill No. 358, with House Committee Amendments Nos. 1, 2 & 3 and House Amendments Nos. 1 & 2, be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Phil B. Curls, Sr.      /s/ Bill Gratz

/s/ Jerry Howard      /s/ Bill Luetkenhaus

/s/ Ken Jacob      /s/ Pat Dougherty

/s/ Betty Sims      /s/ John E. Griesheimer

/s/ Larry Rohrbach      /s/ Vicky Hartzler

     Senator Rohrbach moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BanksClayCurlsMathewson--4
Absent with leave--Senators--None

     On motion of Senator Rohrbach, SB 358, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksClayCurls--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1 to SA 1, SA 1, as amended, to HCS for HJR 1 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 has taken up and adopted the Conference Committee Report on SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, as amended, and has taken up and passed CCS for SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS for SCS for HB 259 and has taken up and passed CCS for SS for SCS for HB 259.

CONFERENCE COMMITTEE REPORTS

     Senator Howard, on behalf of the conference committee appointed to act with a like committee from the House on HCS for HBs 600 and 388, as amended, submitted the following conference committee report no. 3:

CONFERENCE COMMITTEE REPORT NO. 3 ON HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 600 and 388

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for House Bills Nos. 600 and 388, with Senate Committee Amendment No. 1, Senate Committee Amendment No. 2 and Senate Amendment No. 1; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on House Committee Substitute for House Bills Nos. 600 and 388, with Senate Committee Amendment No. 1, Senate Committee Amendment No. 2 and Senate Amendment No. 1;

     2. That the House recede from its position on House Committee Substitute for House Bills Nos. 600 and 388;

     3. That the attached Conference Committee Substitute No. 2 for House Committee Substitute for House Bills Nos. 600 and 388 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Jerry Howard      /s/ Paula J. Carter

/s/ William Clay       /s/ Tim Harlan

/s/ J.B. Banks       /s/ Bill Luetkenhaus

/s/ Betty Sims       /s/ Mary Lou Sallee

David Klarich      /s/ Chuck Wooten

     Senator Howard moved that the above conference committee report no. 3 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsMcKennaSchneider--3
Absent with leave--Senators--None

     On motion of Senator Howard, CCS No. 2 for HCS for HBs 600 and 388, entitled:

CONFERENCE COMMITTEE SUBSTITUTE NO. 2 FOR HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 600 and 388

     An Act to repeal sections 191.331 and 376.995, RSMo Supp. 1996, and sections 376.1399 and 536.028 from senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 335 as truly agreed to and finally passed by the first regular session of the eighty-ninth general assembly and section 14 from senate amendment no. 26 to senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 335 as truly agreed to and finally passed by the first regular session of the eighty-ninth general assembly, relating to limited mandate health insurance act, and to enact in lieu thereof five new sections relating to the same subject.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
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.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SS for SCS for HB 32, as amended: Senators Banks, Jacob, Maxwell, Singleton and Mueller.

REFERRALS

     President Pro Tem McKenna referred HS for HB 373, with SCS, to the Committee on State Budget Control.

     President Wilson assumed the Chair.

CONFERENCE COMMITTEE REPORTS

     Senator Flotron, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HB 259, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 259

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for Senate Committee Substitute for House Bill No. 259, 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 Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Bill No. 259;

     2. That the House recede from its position on Senate Substitute for Senate Committee Substitute for House Bill No. 259;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Phil B. Curls, Sr.      /s/ Chris Liese

/s/ Wayne Goode      /s/ Tim Van Zandt

/s/ Larry Rohrbach      /s/ Tom Bauer

/s/ Jim Mathewson      /s/ Laurie Donovan

/s/ Franc Flotron      /s/ T. Mark Elliott

     Senator Flotron moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsMathewson--2
Absent with leave--Senators--None

     On motion of Senator Flotron, CCS for SS for SCS for HB 259, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 259

     An Act to repeal section 409.402, RSMo 1994, and section 409.401 as enacted by house committee substitute for senate bill no. 375 of the first regular session of the eighty-ninth general assembly, relating to settlement of life insurance policies, and to enact in lieu thereof thirty-seven new sections relating to the same subject, with penalty provisions.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Mathewson--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator Schneider, on behalf of the conference committee appointed 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, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 69 AND 179 AND

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 669

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669 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 Senate recede from its position on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669, as amended by Senate Amendment Nos. 2, 3, 5, 8 and 9;

     2. That the House recede from its position on House Substitute for House Committee Substitute for House Bills Nos. 69 and 179 and House Committee Substitute for House Bill No. 669;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

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

/s/ Harold Caskey      /s/ David Reynolds

/s/ Wayne Goode      /s/ Carol Stroker

/s/ Steve Ehlmann      /s/ Bill Alter

/s/ David Klarich      /s/ Larry Crawford

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

     On motion of Senator Schneider, CCS for SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 69 AND 179 AND

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 669

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

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
CaskeyChildersClayDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksBentleyCurls--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

     Senator Maxwell moved that the Senate refuse to concur in HCS for SS for SB 208, 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.

CONFERENCE COMMITTEE REPORTS

     Senator Caskey, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SS for SB 121, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 121

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 121, with House Amendment No. 1, House Amendment No. 1 to Part 2 of the House Substitute, House Amendment No. 2 to Part 2 of the House Substitute, House Substitute Amendment No. 1 for House Amendment No. 4 to Part 2 of the House Substitute and House Substitute Amendment No. 1 for House Amendment No. 3; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 121, as amended;

     2. That the Senate recede from its position on Senate Substitute for Senate Bill No. 121;

     3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 121 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Harold Caskey      /s/ Deleta Williams

/s/ Phil B. Curls, Sr.      /s/ Phil Smith

/s/ Harry Wiggins      /s/ Craig Hosmer

Sam Graves      /s/ Cindy Ostmann

/s/ Betty Sims      /s/ Laurie Donovan

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

     Senator Graves raised the point of order that the conference committee report on HS for HCS for SS for SB 121, as amended, is out of order as the conference committee report exceeds the differences between the two houses.

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

     Senator Caskey moved that the conference committee report on HS for HCS for SS for SB 121, as amended, be adopted.

     Senator Graves offered a substitute motion that the Senate refuse to adopt the conference committee report on HS for HCS for SS for SB 121, as amended, and request the House to grant further conference and that the conferees be bound by any inspection language adopted by the House.

     Senator Caskey requested a roll call vote be taken on the adoption of the substitute motion and was joined in his request by Senators Ehlmann, Mathewson, Quick and Singleton.

     The substitute motion made by Senator Graves failed of adoption by the following vote:
Yeas--Senators
EhlmannFlotronGravesJohnson
KenneyKinderKlarichLybyer
MuellerRohrbachRussellSchneider
SimsStaplesYeckel--15
Nays--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoGoode
HouseHowardJacobMathewson
McKennaQuickScottSingleton
WestfallWiggins--18
Absent--Senators--Maxwell--1
Absent with leave--Senators--None

     President Pro Tem McKenna assumed the Chair.

     At the request of Senator Caskey, the motion to adopt the conference committee report was withdrawn.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HB 32, as amended: Representatives: Bland, Crump, Treadway, Griesheimer and Holand.

     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 SS for HCS for HB 411, as amended: Representatives: Dougherty, Gunn, Troupe, Kelley (47) and Gibbons.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SS for SB 208, as amended, and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SS for SB 208, as amended: Representatives: Scheve, Farnen, Campbell, Ross and Pouche.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for HCR 21 and has again taken up and passed SS for HCR 21.

     Also,

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

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 21.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up an adopted SCR 26.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SB 358, as amended, and has taken up and passed SB 358, as amended.

     Bill ordered enrolled.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SS for SB 208, as amended: Senators Maxwell, Jacob, DePasco, Bentley and Sims.

CONFERENCE COMMITTEE REPORTS

     Senator Mathewson, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SCS for SB 165, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 165

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, with House Amendments Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21 and 22, House Amendment No. 23 with House Amendment No. 1 to House Amendment No. 23, House Amendment No. 24, House Amendment No. 25 with House Amendments Nos. 1 and 2 to House Amendment No. 25, House Amendments Nos. 26, 28, House Substitute Amendment No. 1 to House Amendment No. 30, House Amendments Nos. 31, 32 and 34; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, as amended;

     2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for Senate Bill No. 165;

     3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ James Mathewson      /s/ Henry Rizzo

/s/ Ronnie DePasco      /s/ May Scheve

/s/ John E. Scott      /s/ Phil Tate

/s/ Peter Kinder      /s/ Bonnie Sue Cooper

/s/ Doyle Childers      /s/ Fred Pouche

     On behalf of the conference committee, Senator Mathewson offered SPA 1:

SENATE PERFECTING AMENDMENT NO. 1

     Amend Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 47, Section 99.845, Line 20, by deleting the word "or" after the word "constitution" in said line and inserting the following: ". Beginning January 1, 1998, for the purposes of this section, "levies upon real property in such redevelopment project by taxing districts" shall not include:"; and

     Add the following Section to the end of the bill:

     "Section 47. Two commissioners shall be appointed to the Jackson County Sports Complex Authority in addition to the five commissioners authorized in section 64.930, RSMo. Such commissioners shall be appointed to serve one-year terms. One commissioner authorized by the provisions of this section shall be the mayor of Kansas City or the mayor's designee. Such designee shall be an elected member of the Kansas City Council. One commissioner authorized by the provisions of this section shall be the chairman of the Jackson County Legislature or the chairman's designee. Such designee shall be an elected member of the Jackson County Legislature.".

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

     Senator Mathewson moved that the conference committee report, as amended, be adopted.

     At the request of Senator Mathewson, the motion to adopt the conference committee report was withdrawn.

     On motion of Senator Quick, the Senate recessed for 45 minutes.

RECESS

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

     The President announced that photographers from the Associated Press and KOLR-TV had been given permission to take pictures in the Senate Chamber today.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS for SCS for HB 491, as amended, and has taken up and passed CCS for SS for SCS for HB 491.

     Senator Scott requested leave of the Senate for the Committee on State Budget Control to meet while the Senate is in session, which request was granted.

CONFERENCE COMMITTEE REPORTS

     Senator Banks, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HB 491, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 491

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for Senate Committee Substitute for House Bill No. 491, 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 Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Bill No. 491, with Senate Substitute Amendment No. 1 for Senate Amendment No. 1, as amended by Senate Amendment No. 3 to Senate Substitute Amendment No. 1 for Senate Amendment No. 1, Senate Amendment No. 7 to Senate Substitute Amendment No. 1 for Senate Amendment No. 1, Senate Amendment No. 11 to Senate Substitute Amendment No. 1 for Senate Amendment No. 1, Senate Amendment No. 12 to Senate Substitute Amendment No. 1 for Senate Amendment No. 1 and Senate Amendment No. 15 to Senate Substitute Amendment No. 1 for Senate Amendment No. 1; Senate Substitute Amendment No. 1 for Senate Amendment No. 2 as amended by Senate Amendment No. 1 to Senate Substitute Amendment No. 1 for Senate Amendment No. 2; Senate Amendment No. 3; Senate Amendment No. 4; Senate Amendment No. 5; Senate Amendment No. 8; and Senate Amendment No. 9;

     2. That the House recede from its position on House Bill No. 491;

     3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Bill No. 491 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ J.B. "Jet" Banks      /s/ Steve Gaw

/s/ John E. Scott      /s/ Nancy Farmer

/s/ Jim Mathewson      /s/ May Scheve

Franc Flotron      Bonnie Sue Cooper

David Klarich      Rich Chrismer

     Senator Wiggins resumed the Chair.

     Senator Banks moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators
FlotronKenneyRussell--3
Absent--Senators--Bentley--1
Absent with leave--Senators--None

     President Wilson resumed the Chair.

     On motion of Senator Banks, CCS for SS for SCS for HB 491, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 491

     An Act to repeal section 143.124, RSMo 1994, and section 144.030, RSMo Supp. 1996, relating to taxation, and to enact in lieu thereof five new sections relating to the same subject, with an effective date for certain sections.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

     Senator Schneider moved that SS for SCS for SBs 386 and 372, with HS for HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     Senator Scott assumed the Chair.

     HS for HCS for SS for SCS for SBs 386 and 372, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 386 and 372

     An Act to repeal sections 37.010, 103.059, 536.021, 536.022, 536.023 and 536.041, RSMo 1994, and sections 8.710, 29.100, 33.090, 34.050, 36.060, 36.070, 41.948, 43.509, 66.380, 160.272, 161.102, 173.081, 192.006, 207.021, 260.225, 262.470, 276.406, 287.650, 326.110, 333.111, 337.050, 361.105, 374.045, 454.400, 536.024, 536.025, 536.050, 620.010, 620.125, 630.050, 633.190, 640.010, 640.755, 643.050, 644.026, 650.005 and 660.017, RSMo Supp. 1996, and section 32.125, as both versions of such section appear in RSMo Supp. 1996, and sections 376.1399 and 536.028 from senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 335 as truly agreed to and finally passed by the first regular session of the eighty-ninth general assembly and section 14 from senate amendment no. 26 to senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 335 as truly agreed to and finally passed by the first regular session of the eighty-ninth general assembly, relating to rulemaking, and to enact in lieu thereof fifty new sections relating to the same subject, with an emergency clause for certain sections.

     Was taken up.

     Senator Schneider moved that HS for HCS for SS for SCS for SBs 386 and 372 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BanksClay--2
Absent with leave--Senators--None

     On motion of Senator Schneider, HS for HCS for SS for SCS for SBs 386 and 372 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BanksClay--2
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersCurls
DePascoFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksClayEhlmann--3
Absent with leave--Senators--None

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

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

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

CONFERENCE COMMITTEE REPORTS

     Senator Mathewson moved that the Conference Committee Report on HCS for SS for SCS for SB 165, as amended, be adopted.

     At the request of Senator Mathewson, the motion for the adoption of the Conference Committee Report on HCS for SS for SCS for SB 165, as amended, was withdrawn.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee report on SS for HS for HB 811 as amended and has taken up and passed CCS for SS for HS for HB 811.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee report on SS for HCS for HBs 641 and 593 as amended and has taken up and passed SS for HCS for HBs 641 and 593 as amended by the Conference Committee Report.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 379 and has again taken up and passed SCS for HB 379.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 25, as amended.

     With House Committee Amendment No. 1, House Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Concurrent Resolution No. 25, Page 1, Line 7 from the bottom of the page, by inserting immediately before the word "thirteen" the words "at least"; and

     Further amend said resolution, page 2, Line 4 from the top of the page, by inserting immediately after the word "appoint" the words "at least"; and

     Further amend said resolution, page 2, Line 6 from the bottom of the page, by striking the word "Speaker" and inserting in lieu thereof the word "President".

HOUSE AMENDMENT NO. 1

     Amend Senate Concurrent Resolution No. 25, Page 2, Lines 11 and 12, by deleting the words ", but not be limited to," from said lines.

     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 refuses to adopt Conference Committee Report on HCS for HB 288 as amended and requests a further conference on HCS for HB 288.

CONFERENCE COMMITTEE REPORTS

     Senator Quick, on behalf of the conference committee appointed to act with a like committee from the House on SS for HS for HB 811, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 811

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for House Substitute for House Bill No. 811, with Senate Amendment No. 1, Senate Amendment No. 2, Senate Substitute Amendment No. 1 for Senate Amendment No. 4 and Senate Amendment No. 5; 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 Senate recede from its position on Senate Substitute for House Substitute for House Bill No. 811, as amended;

     2. That the House recede from its position on House Substitute for House Bill No. 811;

     3. That the attached Conference Committee Substitute for Senate Substitute for House Substitute for House Bill No. 811 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ed Quick      /s/ Scott B. Lakin

/s/ Danny Staples      /s/ Sheila Lumpe

/s/ Harold Caskey      /s/ Gary Wiggins

/s/ Betty Sims      /s/ Emmy McClelland

Anita Yeckel      /s/ Laurie Donovan

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

     At the request of Senator Quick, the motion to adopt the conference committee report was withdrawn.

     Senator Caskey moved that the conference committee report on HS for HCS for SS for SB 121, as amended, be taken up and adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeHouseHoward
JacobJohnsonKinderLybyer
MathewsonMaxwellMcKennaMueller
QuickRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators
GravesKenneyKlarichRohrbach--4
Absent--Senators--None
Absent with leave--Senators--None

     On motion of Senator Caskey, CCS for HS for HCS for SS for SB 121, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 121

     An Act to repeal sections 307.173 and 307.178, RSMo 1994, and section 301.030, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions and an effective date for a certain section.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--Rohrbach--1
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator Bentley, on behalf of the conference committee appointed to act with a like committee from the House on SS for HCS for HBs 641 and 593, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 641 AND 593

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for House Committee Substitute for House Bills Nos. 641 and 593 with Senate Amendments Nos. 1, 2, 3, 4, 5, with Senate Amendment No. 1, 6 and 8; 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 Senate recede from its position on Senate Amendment No. 8 to Senate Substitute for House Committee Substitute for House Bills Nos. 641 and 593 as amended;

     2. That Senate Substitute for House Committee Substitute for House Bills Nos. 641 and 593 with Senate Amendments Nos. 1, 2, 3, 4, 5 as amended and 6 and with the attached Conference Committee Amendment be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Bill McKenna      /s/ Rodger Fitzwater

/s/ Walt Mueller      /s/ Steve McLuckie

/s/ Ted House      /s/ Stephen Stoll

/s/ Roseann Bentley      /s/ Ed Hartzler

/s/ Harold Caskey      /s/ Emmy McClelland

CONFERENCE COMMITTEE AMENDMENT NO. 1

     Amend Senate Substitute for House Committee Substitute for House Bills Nos. 641 and 593, Page 1, In the Title, Line 3 of said title, by deleting the word "section" and inserting in lieu thereof the following: "sections 167.117 and"; and

     Further amend said bill, Page 1, In the Title, Line 5 of said title, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

     Further amend said bill, Page 1, Section A, Line 2 of said section, by deleting the word "section" and inserting in lieu thereof the following: "sections 167.117 and"; and

     Further amend said bill, Page 1, Section A, Line 3 of said section, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

     Further amend said bill, Page 1, Section A, Line 4 of said section, by inserting immediately after the number "162.975," the number "167.117,"; and

     Further amend said bill, Page 8, Section 167.126, Line 1 of said section, by inserting before 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 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, except in any instance when any person is believed to have committed an act which if committed by an adult would be assault in the third degree and a written agreement as to the procedure for the reporting of such incidents of third degree assault has been executed between the superintendent of the school district and the appropriate local law enforcement agency, the principal shall report such incident to the appropriate local law enforcement agency in accordance with such agreement.

     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 said substitute, Page 12, Section 1, Lines 5 and 6 of said page by deleting the words "and section 536.028, RSMo,".

     Senator Bentley moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Klarich--1
Absent with leave--Senators--None

     On motion of Senator Bentley, SS for HCS for HBs 641 and 593, as amended by the conference committee report, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator Mathewson moved that the conference committee report on HCS for SS for SCS for SB 165, as amended, be taken up and adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoGraves
HouseJacobJohnsonKinder
KlarichLybyerMathewsonMaxwell
McKennaRussellScottSims
StaplesWestfallWigginsYeckel--24
Nays--Senators
EhlmannFlotronGoodeHoward
KenneyMuellerRohrbachSchneider
Singleton--9
Absent--Senators--Quick--1
Absent with leave--Senators--None

     On motion of Senator Mathewson, CCS for HCS for SS for SCS for SB 165, as amended by the conference committee report, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 165

     An Act to repeal sections 30.750, 30.753, 30.756, 30.758, 30.760, 30.765, 64.930, 64.950, 70.385, 70.390, 99.340, 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845, 99.865, 100.255, 100.264, 100.275, 100.297, 135.208, 143.805, 178.896, 253.401, 327.031, 386.025, 393.295, 393.705, 393.710, 393.715, 393.725, 393.730, 393.760, 393.770, 620.1072 and 620.1078, RSMo 1994, and sections 100.296, 100.840, 135.100, 135.200, 135.225, 135.230, 135.247, 135.352, 135.400, 135.403, 135.405, 135.460, 135.500, 135.503, 135.508, 135.516, 143.451, 178.895, 447.710 and 620.1039, RSMo Supp. 1996, relating to the department of economic development and economic development incentive programs, and to enact in lieu thereof one hundred twenty-eight new sections relating to the same subject, with an effective date and a termination date for certain sections.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoHouse
JohnsonKinderKlarichLybyer
MathewsonMaxwellMcKennaQuick
RussellScottSimsWestfall
WigginsYeckel--22
Nays--Senators
EhlmannFlotronGoodeHoward
JacobKenneyMuellerRohrbach
SchneiderSingleton--10
Absent--Senators
GravesStaples--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SB 21, as amended, submitted the following conference committee report no. 2:

CONFERENCE COMMITTEE REPORT NO. 2 ON HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 21

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for House Committee Substitute for Senate Bill No. 21, with House Amendments Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for Senate Bill No. 21, as amended;

     2. That the Senate recede from its position on Senate Bill No. 21;

     3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 21 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Thomas J. Hoppe

/s/ Sidney Johnson      /s/ Craig Hosmer

/s/ William Clay      /s/ Jim Kreider

/s/ Roseann Bentley      /s/ Marilyn Edwards-Pavia

/s/ Doyle Childers      /s/ Jim Froelker

     Senator Lybyer moved that the above conference committee report no. 2 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayEhlmannHouseJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaQuickRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--24
Nays--Senators
FlotronGoodeGravesHoward
JacobKenneyMuellerRohrbach--8
Absent--Senators
CurlsDePasco--2
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HS for HCS for SB 21, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 21

     An Act to repeal sections 67.671 and 321.300, RSMo 1994, and sections 67.1300 and 321.244, RSMo Supp. 1996, relating to sales taxes for economic development and tourism, and to enact in lieu thereof thirty-eight new sections relating to the same subject, with an emergency clause.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoHouse
JohnsonKinderKlarichLybyer
MathewsonMaxwellMcKennaQuick
RussellSchneiderScottSims
StaplesWestfallWigginsYeckel--24
Nays--Senators
EhlmannFlotronGoodeGraves
HowardJacobKenneyMueller
RohrbachSingleton--10
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoHouseHoward
JohnsonKinderKlarichLybyer
MathewsonMaxwellMcKennaQuick
RussellSchneiderScottSims
StaplesWestfallWiggins--23
Nays--Senators
EhlmannFlotronGoodeGraves
JacobKenneyMuellerRohrbach
SingletonYeckel--10
Absent--Senators--Banks--1
Absent with leave--Senators--None

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

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

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

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HS for HB 390, as amended, and has taken up and passed CCS for SCS for HS for HB 390.

PRIVILEGED MOTIONS

     Senator Goode moved that the Senate grant the House further conference on HCS for HB 288, as amended, which motion prevailed.

CONCURRENT RESOLUTIONS

     Senator Sims moved that SCR 25, with HCA 1 and HA 1 be taken up for adoption, which motion prevailed.

     HCA 1 was taken up.

     Senator Sims moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BanksLybyer--2
Absent with leave--Senators--None

     HA 1 was taken up.

     Senator Sims moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BanksLybyer--2
Absent with leave--Senators--None

     Senator Sims moved that SCR 25, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksLybyerStaples--3
Absent with leave--Senators--None

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for HB 288, as amended: Senators Goode, Caskey, Maxwell, Flotron and Ehlmann.

CONFERENCE COMMITTEE REPORTS

     Senator Maxwell, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SB 208, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 208

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Substitute for Senate Bill No. 208, with House Amendments Nos. 2, and 3; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for Senate Substitute for Senate Bill No. 208, as amended;

     2. That the Senate recede from its position on Senate Substitute for Senate Bill No. 208;

     3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 208 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Joe Maxwell      /s/ May Scheve

Ken Jacob      /s/ Ted Farnen

/s/ Ronnie DePasco      /s/ Marsha Campbell

/s/ Roseann Bentley      /s/ C. Ross

/s/ Betty Sims      /s/ Fred Pouche

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

     Senator Jacob raised the point of order that the conference committee report on HCS for SS for SB 208, as amended, is out of order as it exceeds the scope of the original bill.

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

     At the request of Senator Maxwell, the motion to adopt the conference committee report was withdrawn.

     Senator Quick moved that the rules be suspended and the conference committee report on SS for HS for HB 811, as amended, be allowed to exceed the differences and the conference committee report be adopted.

     At the request of Senator Kenney, the motion was divided; Part 1 to be the suspension of the rules and Part 2 to be the adoption of the conference committee report.

     Senator Quick moved that Part 1 of his motion be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoGoode
HouseHowardJacobJohnson
KlarichLybyerMathewsonMaxwell
McKennaQuickSchneiderScott
SimsStaplesWiggins--23
Nays--Senators
EhlmannFlotronGravesKenney
KinderMuellerRohrbachRussell
SingletonWestfallYeckel--11
Absent--Senators--None
Absent with leave--Senators--None

     Senator Kinder raised the point of order that on verification of the roll, Senator Childers' vote should have been changed from "aye" to "no" as he had requested.

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

     Senator Quick moved that Part 2 of his motion be adopted.

     Senator Kinder was recognized to interrogate Senator Kenney.

     Senator Kinder yielded the floor to Senator Caskey for the sole purpose of making a privileged motion, maintaining that he would retain the floor after the privileged motion was disposed of.

PRIVILEGED MOTIONS

     Senator Caskey moved that SS for SB 361, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SS for SB 361, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 361

     An Act to repeal sections 193.085, 193.087, 193.145, 193.215, 210.822, 210.832, 210.834, 210.839, 210.841, 210.842, 285.300, 285.302, 285.304, 288.250, 301.020, 301.190, 379.116, 451.040, 452.305, 452.315, 452.345, 452.350, 452.370, 454.410, 454.415, 454.425, 454.440, 454.500, 454.455, 454.460, 454.465, 454.470, 454.475, 454.476, 454.485, 454.490, 454.495, 454.496, 454.505, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.603, 454.808, 486.225 and 620.145, RSMo 1994, and sections 210.842, 452.340, 452.345, 454.400, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.935, 454.937, 454.940, 454.942, 454.945, 454.947, 454.950, 454.952, 454.955, 454.957, 454.960, 454.962, 454.965, 454.967, 454.970, 454.972, 454.975, 454.977, 454.979, and 454.980, RSMo Supp. 1996, and to enact in lieu thereof one hundred thirty-seven new sections for the purpose of complying with federal mandates for child support enforcement, with penalty provisions, an effective date for certain sections and an emergency clause.

     Was taken up.

     Senator Caskey requested unanimous consent of the Senate to suspend the rules to adopt the HCS, as amended, 3rd read the bill and adopt the emergency clause with one vote, which request was granted.

     On motion of Senator Caskey, HCS for SS for SB 361, as amended, was adopted, read the 3rd time and finally passed and the emergency clause adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
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 Kinder moved that motion lay on the table, which motion prevailed.

     Senator Kinder was again recognized.

     Senator Kinder sought recognition to yield the floor to Senator Caskey for the purpose of making another privileged motion.

     Senator Maxwell raised the point of order that the floor cannot be passed from one Senator to another.

     The point of order was referred to the President Pro Tem, who ruled it 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 taken up and adopted the Conference Committee Report on HCS for SS for SB 248, as amended, and has taken up and passed CCS for HCS for SS for SB 248.

     Emergency clause adopted.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SS for SCS for SB 165, as amended by the SPA 1, and has taken up and passed CCS for HCS for SS for SCS for SB 165, as amended by the Conference Committee Report.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SS for SB 121, as amended, and has taken up and passed CCS for HS for HCS for SS for SB 121.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 216.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 2 on HS for HCS for SB 21, as amended, and has taken up and passed CCS for HS for HCS for SB 21.

     Emergency clause adopted.

     Bill ordered enrolled.

RESOLUTIONS

     Senator Clay offered Senate Resolution No. 894, regarding Rich Gray, Florissant, which was adopted.

     Senator Wiggins offered Senate Resolution No. 895, regarding Megan Tinkey, Kansas City, which was adopted.

     Senator Westfall offered Senate Resolution No. 896, regarding Mendi Russell, El Dorado Springs, which was adopted.

     Senator Westfall offered Senate Resolution No. 897, regarding Rachel Blaser, which was adopted.

     Senator Curls offered Senate Resolution No. 898, regarding the African Environmental Research and Consulting Group, which was adopted.

     Senator Quick offered Senate Resolution No. 899, regarding David R. Hobbs, Liberty, which was adopted.

COMMUNICATIONS

     Senator Caskey submitted the following:

May 16, 1997

Ms. Terry Spieler

Secretary of Senate

Senate Post Office

State Capitol

Jefferson City, MO

Dear Ms. Spieler:

Senators from St. Louis County have requested permission to form a "St. Louis County Legislative 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.

Sections 105.470.4(2)(c), RSMo. authorize 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 unanimously by the Ethics Committee.

          Very truly yours,

          /s/ Harold L. Caskey

          Harold L. Caskey

          Chairman, Ethics Committee

     Also,

May 16, 1997

Ms. Terry Spieler

Secretary of Senate

Senate Post Office

State Capitol

Jefferson City, MO

Dear Ms. Spieler:

The women in the Missouri Senate have requested permission to form a "Senate Women's 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.

Sections 105.470.4(2)(c), RSMo. authorize 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 unanimously by the Ethics Committee.

          Very truly yours,

          /s/ Harold L. Caskey

          Harold L. Caskey

          Chairman, Ethics Committee

INTRODUCTIONS OF GUESTS

     Senator Rohrbach introduced to the Senate, the Physician of the Day, Susan Butler, M.D., California.

     Senator Rohrbach introduced to the Senate, Ryan Gore, Lake Ozark; and Ryan was made an honorary page.

     On motion of Senator Quick, the Senate adjourned until 1:00 p.m., Tuesday, May 20, 1997.