Journal of the Senate

SECOND REGULAR SESSION


SEVENTEENTH DAY--WEDNESDAY, FEBRUARY 4, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Heavenly Father, we all have things in our closet. We don't like to be reminded of things that we have done which are less than complimentary. There comes a time when we have to turn things over to the Lord. We are thankful for the privilege of doing that. Lord, we would turn this session over to You and ask that Your will be 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
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
Absent with leave--Senator Maxwell--1
The Lieutenant Governor was present.


RESOLUTIONS

Senator Curls offered Senate Resolution No. 1144, regarding The Black Church Week of Prayer for the Healing of AIDS of Greater Kansas City, which was adopted.

Senator Schneider offered Senate Resolution No. 1145, regarding the Ninetieth Birthday of Ardell Butler and the Eighty-fifth Birthday of Alene Butler, Berkeley, which was adopted.

Senator Yeckel offered Senate Resolution No. 1146, regarding Betty Summa, St. Louis, which was adopted.

Senator Mueller offered Senate Resolution No. 1147, regarding June Townsend, St. Louis, which was adopted.

Senator Graves offered Senate Resolution No. 1148, regarding Lori Stiens, Maryville, which was adopted.

Senator Childers offered Senate Resolution No. 1149, regarding Jennifer Wilson, which was adopted.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred SCS for SB 501, begs leave to report that it has considered the same and recommends that the bill do pass.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

THIRD READING OF SENATE BILLS

SCS for SB 501, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 501

An Act to repeal sections 169.070, 169.075 and 169.670, RSMo Supp. 1997, relating to public school retirement systems, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

Was taken up by Senator Johnson.

On motion of Senator Johnson, SCS for SB 501 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Mueller Quick Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senator Rohrbach--1
Absent--Senator Jacob--1
Absent with leave--Senator Maxwell--1

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Mueller Quick Russell Scott
Sims Singleton Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senators
Jacob Schneider Staples--3
Absent with leave--Senator Maxwell--1

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

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

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

SCS for SB 477, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 477An Act to amend chapter 252, RSMo, by adding thereto one new section relating to wild game donations.

Was taken up by Senator Caskey.

On motion of Senator Caskey, SCS for SB 477 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Ehlmann Jacob--2
Absent with leave--Senator Maxwell--1

The President Pro Tem declared the bill passed.

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

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

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

SB 707, introduced by Senator Flotron, and SB 484, introduced by Senator Mathewson, with SCS, entitled respectively:

An Act to repeal sections 99.820 and 99.845 as enacted by senate bill no. 1 of the second extraordinary session, eighty-ninth general assembly, relating to tax increment financing, and to enact in lieu thereof two new sections relating to the same subject.

An Act to repeal section 99.845, as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, and to enact in lieu thereof one new section solely for the purpose of changing the eligibility date for certain tax increment financing benefits.

Were called from the Consent Calendar and taken up by Senator Flotron.

SCS for SBs 707 and 484, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 707 and 484

An Act to repeal sections 99.820 and 99.845 as enacted by conference committee substitute for house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly, relating to tax increment financing, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

Was taken up.

Senator Flotron moved that SCS for SBs 707 and 484 be adopted, which motion prevailed.

On motion of Senator Flotron, SCS for SBs 707 and 484 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Jacob Singleton--2
Absent with leave--Senator Maxwell--1

The President Pro Tem declared the bill passed.

Senator Wiggins assumed the Chair.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Jacob Singleton--2
Absent with leave--Senator Maxwell--1

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.

REFERRALS

President Pro Tem McKenna referred SCR 32 to the Committee on Rules, Joint Rules and Resolutions.

SENATE BILLS FOR PERFECTION

Senator McKenna moved that SB 615 be taken up for perfection, which motion prevailed.

Senator Rohrbach offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 615, Page 2, Section 572.125, Line 6, by inserting after the word "owner" and prior to the word "if" on said line the following: ", provided such residence is located upon waters of the Missouri or Mississippi rivers and is within at least 1,000 feet of the main channel of said rivers,".

Senator Rohrbach moved that the above amendment be adopted.

At the request of Senator Rohrbach, SA 1 was withdrawn.

Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 615, Page 2, Section 572.125, Line 15, by adding immediately after said line the following:

"572.127. Any statewide ballot measure approved by the voters concerning a gambling issue, whether by initiative petition or referendum, shall be resubmitted to the voters for approval if amended or repealed at any time by the general assembly following initial voter approval of the measure. No measure so amended or repealed by the general assembly shall take effect until the voters approve by affirmative vote the amendment or repeal proposed by the General Assembly."; and

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above amendment be adopted.

Senator Jacob raised the point of order that SA 2 is out of order in that the amendment is not germane to the subject matter of the bill.

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

Senator McKenna moved that SB 615 be declared perfected and ordered printed, which motion prevailed on a standing division vote.

SB 472 and SB 601, with SCS, were placed on the Informal Calendar.

Senator Banks moved that SB 475, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 475, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 475

An Act to repeal sections 210.245 and 610.120, RSMo 1994, and sections 43.540, 210.150 and 210.221, RSMo Supp. 1997, relating to the care or supervision of children, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Banks moved that SCS for SB 475 be adopted.

Senator Goode offered SA 1:

SENATE AMENDMENT NO.1

Amend Senate Committee Substitute for Senate Bill No. 475, Pages 7-8, Section 210.221, Lines 1-34, by striking all of said lines; and

Further amend said bill, Page 8, Section 210.245, Lines 1-24, by striking all of said lines and inserting in lieu thereof the following:

"210.211. 1. It shall be unlawful for any person to establish, maintain or operate a child care facility for children, or to advertise or hold himself out as being able to perform any of the services as defined in section 210.201, without having in effect a written license granted by the department of health except that nothing in sections 210.203 to 210.245 shall apply to:

(1) Any person who is caring for four or fewer children. For purposes of this subdivision, children who are related by blood, marriage or adoption to such person within the third degree shall not be considered in the total number of children being cared for;

(2) Any person who has been duly appointed by a court of competent jurisdiction the guardian of the person of the child or children, or the person who has legal custody of the child or children;

(3) Any person who receives free of charge, and not as a business, for periods not exceeding ninety consecutive days, as bona fide, occasional and personal guests the child or children of personal friends of such person, and who receives custody of no other unrelated child or children;

(4) Any graded boarding school, [nursery school,] summer camp, hospital, sanitarium or home which is conducted in good faith primarily to provide education, recreation, medical treatment, or nursing or convalescent care for children;

(5) Any nursery school;

[(5)] (6) Any child care facility maintained or operated under the exclusive control of a religious organization. When a nonreligious organization, having as its principal purpose the provision of child care services, enters into an arrangement with a religious organization for the maintenance or operation of a child care facility, the facility is not under the exclusive control of the religious organization; and

[(6)] (7) Any residential facility or day program licensed by the department of mental health under sections 630.705 to 630.760, RSMo, which provides care, treatment and habilitation exclusively to children who have a primary diagnosis of mental disorder, mental illness, mental retardation or developmental disability, as defined in section 630.005, RSMo.

2. Notwithstanding the provisions of subsection 1 of this section, no child care facility shall be exempt from licensure if such facility receives any state or federal funds for providing care for children except for federal funds for those programs that meet the requirements for participation in the Child and Adult Care Food Program, 42 U.S.C. 1766. Grants to parents for child care under this act shall not be construed to be funds received by the facility.

210.221. 1. The department of health shall have the following powers and duties:

(1) After inspection, to grant licenses to persons to operate child care facilities if satisfied as to the good character and intent of the applicant and that such applicant is qualified and equipped to render care or service conducive to the welfare of children, and to renew the same when expired. No license shall be granted for a term exceeding two years. Each license shall specify the kind of child care services the licensee is authorized to perform, the number of children that can be received or maintained, and their ages and sex;

(2) To inspect the conditions of the homes and other places in which the applicant operates a child care facility, inspect their books and records, premises and children being served, examine their officers and agents, [and] deny, suspend, place on probation or revoke the license of such persons as fail to obey the provisions of sections 210.201 to 210.245 or the rules and regulations made by the department of health. The director also may revoke or suspend a license when the licensee fails to renew or surrenders the license;

(3) To promulgate and issue rules and regulations the department deems necessary or proper in order to establish standards of service and care to be rendered by such licensees to children. No rule or regulation promulgated by the division shall in any manner restrict or interfere with any religious instruction, philosophies or ministries provided by the facility and shall not apply to facilities operated by religious organizations which are not required to be licensed; and

(4) To determine what records shall be kept by such persons and the form thereof, and the methods to be used in keeping such records, and to require reports to be made to the department at regular intervals.

2. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department of health.

3. The department shall deny, suspend or revoke a license if it receives official written notice that the local governing body has found that license is prohibited by any local law related to the health and safety of children.

[3.] 4. No rule or portion of a rule promulgated under the authority of sections 210.201 to 210.245 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

210.245. 1. Any person who violates any provision of sections 210.201 to 210.245, or who for [himself] such person or for any other person makes materially false statements in order to obtain a license or the renewal thereof [under] pursuant to sections 210.201 to 210.245, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution or society, the officers thereof who participate in such misdemeanor shall be subject to the penalties provided by law.

2. If the department of health proposes to deny, suspend or revoke a license, the department of health shall serve upon the applicant or licensee written notice of the proposed action to be taken. The notice shall contain a statement of the type of action proposed, the basis for it, the date the action will become effective, and a statement that the applicant or licensee shall have thirty days to request in writing a hearing before the administrative hearing commission. If no written request for a hearing is received by the department of health within thirty days of the applicant or licensee's receipt of the notice, the proposed discipline shall take effect thirty-one days from the date the original notice was received by the applicant or licensee. If the applicant or licensee makes a written request for a hearing, the department of health shall file a complaint with the administrative hearing commission within ninety days of receipt of the request for a hearing. The complaint shall comply with the laws and regulations for actions brought before the administrative hearing commission.

3. The department of health may issue letters of censure or warning and may place a licensee on probation without formal notice or hearing.

4. The department of health may suspend any license simultaneously with the notice of the proposed action to be taken in subsection 2 of section 210.245, if the department of health finds that there is a threat of imminent bodily harm to the children in care. The notice of suspension shall include the basis of the suspension and the appeal rights of the licensee. The licensee may appeal the decision to suspend the license to the department of health. The appeal must be filed within ten days from the receipt of the notice of appeal. A hearing shall be conducted by the department of health within ten days from the date the appeal is filed. The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department of health, dissolved by a court of competent jurisdiction or stayed by the administrative hearing commission.

[2.] 5. In addition to initiating proceedings [under] pursuant to subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility or the department may request that the attorney general seek an injunction to prevent the operation of the facility for violating any provision of sections 210.201 to 210.245. The order shall remain in force until such a time as the court determines that the child care facility is in substantial compliance. [If the prosecuting attorney refuses to act or fails to act within thirty days of receipt of notice from the department of health, the department of health may request that the attorney general seek an injunction of the operation of such child care facility.]

[3.] 6. In cases of imminent bodily harm to children in the care of a child care facility, the department may file suit in the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility.

210.251. 1. By January 1, 1994, financial incentives shall be provided by the department of health through the child development block grant and other public moneys for child care facilities wishing to upgrade their standard of care and which meet quality standards.

2. The department of health shall make federal funds available to licensed and inspected child care centers pursuant to federal law as set forth in the Child and Adult Food Program, 42 U.S.C. 1766.

210.252. 1. All buildings and premises used by a child care facility to care for more than four children except those exempted from the licensing provisions of the department of health pursuant to subdivisions (1) [to], (2), (3), (4) and (7) of section 210.211, shall be inspected annually for fire and safety by the state fire marshal, [his] the marshal's designee or officials of a local fire district and for health and sanitation by the department of health or officials of the local health department. Evidence of compliance with the inspections required by this section shall be kept on file and available to parents of children enrolling in the child care facility.

2. Local inspection of child care facilities may be accomplished if the standards employed by local personnel are substantially equivalent to state standards and local personnel are available for enforcement of such standards.

3. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department.

4. The department of health shall administer the provisions of sections 210.252 to 210.256, with the cooperation of the state fire marshal, local fire departments and local health agencies.

5. The department of health shall promulgate rules and regulations to implement and administer the provisions of sections 210.252 to 210.256. Such rules and regulations shall provide for the protection of children in all child care facilities whether or not such facility is subject to the licensing provisions of sections 210.201 to 210.245.

210.256. 1. Any person who violates any provision of sections 210.252 to 210.255, or who for [himself] such person or for any other person makes a materially false statement in the notice of parental responsibility required by sections 210.254 and 210.255, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution, or society, the officers thereof who participate in such violation shall be subject to the same penalties.

2. In addition to initiating proceedings [under] pursuant to subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility [for violating any provision of section 210.252] or the department may request that the attorney general seek an injunction to prevent the operation of the child care facility for violating any provision of sections 210.252 to 210.259 or the rules promulgated by the department. The injunction shall remain in force until such a time as the court determines that the child care facility is in substantial compliance.

3. In cases of imminent bodily harm to children in the care of a child care facility, the department of health may apply to the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility."; and

Further amend the title and enacting clause accordingly.

Senator Goode moved that the above amendment be adopted.

Senator Howard offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Committee Substitute for Senate Bill No. 475, Page 5 of the amendment, Section 210.221.3, Line 1 of said page, by adding after said line the following: "The department may after inspection find the licensure, denial of licensure, suspension or revocation may be in the best interest of the state.".

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

SA 1, as amended, was again taken up.

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

President Pro Tem McKenna assumed the Chair.

Senator Mathewson offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 475, Page 14, Section 210.319, Line 16, by inserting immediately after all of said line the following:

"210.516.  1.  It shall be unlawful for any person to establish, maintain, or operate a foster home, residential care facility, or child placing agency, or to advertise or hold himself or herself out as being able to perform any of the services as defined in sections 210.481 to 210.536, without having in full force and effect a license issued by the division; provided, however, that nothing in sections 210.481 to 210.536 shall apply to:

(1)  Any residential care facility operated by a person in which the care provided is in conjunction with an educational program for which a tuition is charged and completion of the program results in meeting requirements for a diploma recognized by the state department of elementary and secondary education;

(2)  Any camp, hospital, sanitarium, or home which is conducted in good faith primarily to provide recreation, medical treatment, or nursing or convalescent care for children;

(3)  Any person who receives free of charge, and not as a business, for periods of time not exceeding ninety consecutive days, the child of personal friends of such person as an occasional and personal guest, and who receives custody of no other unrelated child;

(4)  Any child placing agency operated by the department of mental health or any foster home or residential care facility operated or licensed by the department of mental health [under] pursuant to sections 630.705 to 630.760, RSMo, which provides care, treatment, and habilitation exclusively to children who have a primary diagnosis of mental disorder, mental illness, mental retardation or developmental disability, as defined in section 630.005, RSMo;

(5)  Any foster home arrangement established and operated by any well-known religious order or church and any residential care facility or child placement agency operated by such organization; or

(6)  Any institution or agency maintained or operated by the state, city or county.

2. Residential care facilities which are exempt from licensure as set forth in subdivision (5) of subsection 1 of this section shall register with the division of family services and shall be subject to all health and fire safety requirements.

[2.] 3.  The division shall not require any foster home, residential care facility, or child placing agency which believes itself exempt from licensure as provided in subsection 1 of this section to submit any documentation in support of the claimed exemption; however [said] such foster home, residential care facility, or child placing agency is not precluded from furnishing such documentation if it chooses to do so."; and

Further amend the title and enacting clause accordingly.

Senator Mathewson moved that the above amendment be adopted.

At the request of Senator Banks, SB 475, with SCS and SA 2 (pending), was placed on the Informal Calendar.

RESOLUTIONS

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1150

WHEREAS, it is with tremendous sorrow that the members of the Missouri Senate pause to reflect on the life and lifetime achievements of a remarkable Missourian; and

WHEREAS, Dorothy Nell Gould Wilson, longtime resident of the Kansas City area, passed to her eternal reward on January 31, 1998, after a rich and fulfilling life of eighty-seven years; and

WHEREAS, Dorothy Nell Gould Wilson came into the world on August 6, 1910, in Parsons, Kansas, as the tiny infant daughter of proud and loving parents Edwin R. and Cora Ida (Simkosky) Gould; and

WHEREAS, raised in Kansas with her four siblings, Dorothy Wilson was a graduate of Parsons High School, Parsons Junior College, and Kansas University, where she earned her degree in 1936; and

WHEREAS, Dorothy Gould embarked upon a new life with her marriage to Harry D. Wilson, a kind and wonderful gentleman who provided for her and his family through thirty-two years of dedicated employment at the General Motors Plant in Leeds and enjoyed every moment of her company until his passing in 1971; and

WHEREAS, during her busy child-rearing years, Mrs. Wilson was a caring wife and compassionate mother who devoted herself fully to the comfort of her loved ones and who worked diligently to create an atmosphere of warmth and welcome in her home; and

WHEREAS, Dorothy Wilson leaves behind her four sons and their spouses, Mayor Harry O. and Linda Wilson of Grandview, George K. Wilson of Hickman Mills, Daniel R. and Linda Wilson of Chilhowee, and David P. and Yvonne Wilson of Lake Lotawana; her stepdaughter, Nayomia Eskew of St. Paul, Virginia; and her eighteen grandchildren and several great-grandchildren; and

WHEREAS, Dorothy Wilson will also be affectionately remembered by her sisters, Nancy and Georgette, and her brother, Edwin:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join in paying last respects to Dorothy Nell Gould Wilson, a devoted wife, loving mother, and caring grandmother, who will be sadly missed by all those who had the distinct pleasure of knowing and loving her; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the family of the late Dorothy Nell Gould Wilson, as an expression of our deepest sympathy.

Senator Graves offered Senate Resolution No. 1151, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. James Calvin Lintner, Kidder, which was adopted.

Senator Graves offered Senate Resolution No. 1152, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Dale Scott, Gallatin, which was adopted.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were read the 1st time and 1,000 copies ordered printed:

SB 863-By Kinder.

An Act to repeal sections 571.020, 571.070 and 571.090, RSMo 1994, and section 571.030, RSMo Supp. 1997, relating to certain weapons offenses, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions, with an emergency clause and a referendum clause.

SB 864-By Howard and Flotron.

An Act to repeal section 305.230, RSMo 1994, section 144.805, RSMo Supp. 1997, and section 17 as enacted by conference committee substitute for house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly, relating to aviation, and to enact in lieu thereof two new sections relating to the same subject.

SB 865-By Flotron.

An Act to repeal section 99.805 as enacted by conference committee substitute for house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly, relating to tax increment financing, and to enact in lieu thereof two new sections relating to the same subject.

SB 866-By Flotron.

An Act to repeal sections 643.020, 643.225, 643.228, 643.230, 643.235, 643.237, 643.240, 643.242 and 643.250, RSMo 1994, relating to asbestos abatement, and to enact in lieu thereof nine new sections relating to the same subject.

SB 867-By House.

An Act to repeal section 163.011, RSMo Supp. 1997, relating to school operating levies, and to enact in lieu thereof one new section relating to the same subject.

SB 868-By Maxwell.

An Act to repeal sections 178.790 and 178.890, RSMo 1994, relating to community colleges, and to enact in lieu thereof two new sections relating to the same subject.

SB 869-By Maxwell.

An Act to repeal section 33.803, RSMo 1994, and to enact in lieu thereof five new sections relating to governmental organization.

SJR 32-By Kinder.

Joint Resolution submitting to the qualified voters of Missouri, an amendment to Article X of the Constitution of Missouri relating to disposition of funds received as a result of certain legal settlements.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Commerce

and Environment, to which were referred SB 541 and SB 822, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTIONS OF GUESTS

Senator Bentley introduced to the Senate, Dr. Dees and Joyce Blades, Springfield.

Senator Curls introduced to the Senate, Lee Anthony and Jo "Jordan" Collins, Kansas City.

Senator Bentley introduced to the Senate, Mike Rankin, Springfield.

Senator Klarich introduced to the Senate, Doug Light and Mike Tyree, Washington.

Senator Caskey introduced to the Senate, Douglas and Karen Bartz, Butler.

On motion of Senator Quick, the Senate adjourned under the rules.