Journal of the Senate

SECOND REGULAR SESSION


TWENTY-EIGHTH DAY--TUESDAY, FEBRUARY 24, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, we are thankful for this prayer time. We know that the only thing the disciples ever asked Jesus to teach them how to do was to pray. Lord, like the disciples, we don't ask for riches or great ability, or even for victory; but we are thankful that You have taught us the importance of prayer. Thank You for this time when we can praise Your Name, offer our thanks and seek Your guidance. 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 Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
Absent with leave--Senator House--1
The Lieutenant Governor was present.

INTRODUCTION OF BILLS

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

SB 937-By Singleton.

An Act to repeal section 169.560, RSMo Supp. 1997, relating to certain retirement systems, and to enact in lieu thereof one new section relating to the same subject.

SB 938-By Yeckel.

An Act to amend chapter 143, RSMo, by adding thereto one new section relating to tax credits for child care, with an effective date.

SB 939-By Kenney.

An Act to repeal sections 421.010, 421.020, 421.030, 421.040, 421.050, 421.060, 421.070, 421.080, 421.090, 421.100, 421.110 and 421.120, RSMo 1994, relating to the regulation of the sale of bedding, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions.

SB 940-By Maxwell.

An Act to repeal sections 338.250 and 338.330, RSMo 1994, relating to the regulation of pharmacies, and to enact in lieu thereof three new sections relating to the same subject.

SB 941-By Banks.

An Act to amend chapter 208, RSMo, by adding thereto one new section relating to eligibility for public assistance.

SB 942-By McKenna.

An Act to repeal sections 313.805, 313.807, 313.812, 313.817, 313.822 and 313.830, RSMo 1994, and section 313.842, RSMo Supp. 1997, relating to excursion gambling boats, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

THIRD READING OF SENATE BILLS

SB 652, with SCS, introduced by Senator Childers, entitled:

An Act to amend chapter 52, RSMo, by adding thereto one new section relating to records of taxation.

Was called from the Consent Calendar and taken up.

SCS for SB 652, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 652

An Act to repeal section 137.290, RSMo 1994, relating to county tax books, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Childers moved that SCS for SB 652 be adopted, which motion prevailed.

On motion of Senator Childers, SCS for SB 652 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

SB 832, introduced by Senator Mathewson, entitled:

An Act to repeal section 350.015, RSMo 1994, relating to farm corporations, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Mathewson requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 832, Page 3, Section 350.015, Lines 71-72, by striking all of said lines and inserting in lieu thereof the following: "350.016.".

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

On motion of Senator Mathewson, SB 832, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Schneider Scott Sims
Singleton Westfall Wiggins Yeckel--28
NAYS--Senators
Caskey Howard Russell--3
Absent--Senators
Jacob Staples--2
Absent with leave--Senator House--1

The President Pro Tem declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Johnson moved that SB 675, SB 483, SB 490 and SB 564, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SBs 675, 483, 490 and 564, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 675, 483, 490 and 564

An Act to repeal section 135.030, RSMo 1994, and section 135.010, RSMo Supp. 1997, relating to circuit breaker tax relief, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Johnson moved that SCS for SBs 675, 483, 490 and 564 be adopted.

Senator Johnson offered SS for SCS for SBs 675, 483, 490 and 564, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 675, 483, 490 and 564

An Act to repeal section 135.030, RSMo 1994, and section 135.010, RSMo Supp. 1997, relating to circuit breaker tax relief, and to enact in lieu thereof two new sections relating to the same subject.

Senator Johnson moved that SS for SCS for SBs 675, 483, 490 and 564 be adopted.

Senator Klarich offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 675, 483, 490 and 564, Page 9, Section 135.030, Line 12, by inserting immediately after all of said line the following:

"4. Notwithstanding the provisions of subsection 4 of section 32.057, RSMo, the department of revenue or any duly authorized employees shall determine whether any taxpayer filing a report or return with the department of revenue who has not applied for the credit allowed pursuant to section 135.020 may qualify for the credit, and shall notify any qualified claimant of his or her eligibility.".

Senator Klarich moved that the above amendment be adopted.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Schneider 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 Substitute for Senate Committee Substitute for Senate Bills Nos. 675, 483, 490 and 564, Page 1, by striking from line 4 the words "shall determine" and substitute "who has determined" and strike the word "whether" and substitute the word "that".

Senator Schneider moved that the above amendment be adopted.

Senator Childers requested a roll call vote be taken on the adoption of SA 1 to SA 1. He was joined in his request by Senators Bentley, Caskey, Klarich and Yeckel.

SA 1 to SA 1 failed of adoption by the following vote:

YEAS--Senators
Caskey DePasco Flotron Goode
Howard Jacob Lybyer Mathewson
McKenna Quick Rohrbach Schneider
Scott Staples Wiggins--15
NAYS--Senators
Banks Bentley Childers Curls
Ehlmann Graves Johnson Kenney
Kinder Klarich Maxwell Russell
Sims Singleton Westfall Yeckel--16
Absent--Senators
Clay Mueller--2
Absent with leave--Senator House--1

Senator Staples assumed the Chair.

SA 1 was again taken up.

At the request of Senator Johnson, SB 675, SB 483, SB 490 and SB 564, with SCS, SS for SCS and SA 1 (pending), were placed on the Informal Calendar.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and 1,000 copies ordered printed:

SB 943-By Scott.

An Act to repeal section 375.786, RSMo 1994, relating to certificates of authority to transact insurance, and to enact in lieu thereof one new section relating to the same subject.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 848, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Education, to which was referred SB 781, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Wiggins.

THIRD READING OF SENATE BILLS

SB 536, with SCS, introduced by Senator Caskey, entitled:

An Act to repeal section 320.121, RSMo 1994, relating to regulation of fireworks, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 536, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 536

An Act to repeal section 320.151, RSMo 1994, relating to regulation of fireworks, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for SB 536 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 536 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Curls DePasco Ehlmann Flotron
Goode Graves Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Howard Schneider--3
Absent with leave--Senator House--1

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.

SENATE BILLS FOR PERFECTION

Senator Johnson moved that SB 675, SB 483, SB 490 and SB 564, with SCS, SS for SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 was again taken up.

Senator Klarich offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 675, 483, 490 and 564, Page 9, Section 135.030, Line 12, by inserting immediately after all of said line the following:

"4. Notwithstanding the provision of subsection 4 of section 32.057, RSMo, the department of revenue or any duly authorized employee or agent shall determine whether any taxpayer filing a report or return with the department of revenue who has not applied for the credit allowed pursuant to section 135.020 may qualify for the credit, and shall notify any qualified claimant of his or her potential eligibility, where the department determines such potential eligibility exists.".

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

Senator Childers offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 675, 483, 490 and 564, Page 4, Section 135.010, Line 17, by inserting after the word "spouse" on said line the words "and each dependent".

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

Senator Johnson moved that SS for SCS for SBs 675, 483, 490 and 564, as amended, be adopted, which motion prevailed.

On motion of Senator Johnson, SS for SCS for SBs 675, 483, 490 and 564, as amended, was declared perfected and ordered printed.

Senator McKenna moved that SB 650 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

On motion of Senator McKenna, SB 650 was declared perfected and ordered printed.

Senator Caskey moved that SB 625, with SCS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 2 was again taken up.

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

Senator Childers offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 625, Page 26, Section 190.199, Line 6, by inserting after the ";" on said line the words "except in the absence of trained personnel any person may utilize an automatic external defibrillator to attempt to revive a person or persons;".

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

Senator Caskey moved that SCS for SB 625, as amended, be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 625, as amended, was declared perfected and ordered printed.

Senator Goode moved that SB 541 and SB 822, with SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SCS for SBs 541 and 822 was again taken up.

Senator Klarich offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 1, Section 307.366, Line 5, by striking the opening bracket "[", the closing bracket "]" and the bold-faced language from said line; and further amend line 11, by striking the opening bracket "[" from said line; and

Further amend said bill and section, Page 2, Line 14, by striking the closing bracket "]" from said line; and

Further amend said bill, Page 5, Section 643.210, Line 12, by inserting immediately after all of said line the following:

"643.305. 1. The air conservation commission shall adopt a state implementation plan to bring all nonattainment areas of the state [which are located within a city not within a county, any county of the first classification having a population of over nine hundred thousand inhabitants, any county of the first classification with a charter form of government and a population of not more than two hundred twenty thousand inhabitants and not less than two hundred thousand inhabitants, any county of the first classification without a charter form of government with a population of not more than one hundred eighty thousand inhabitants and not less than one hundred seventy thousand inhabitants and any county of the first classification without a charter form of government with a population of not more than eighty-two thousand inhabitants and not less than eighty thousand inhabitants,] into compliance with and to maintain the National Ambient Air Quality Standards and any regulations promulgated by the United States Environmental Protection Agency under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., on the required date or dates as such dates are established under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., including any extensions authorized pursuant to that act.

2. The commission shall establish the amount of emissions reductions required to achieve the goal established pursuant to subsection 1 of this section.

3. The department shall establish an air quality baseline for all nonattainment areas of the state [which are located within a metropolitan statistical area with a population of at least one million inhabitants as defined by the federal Office of Management and Budget or its successor agency]. The air quality baseline shall include, where practical, actual air contaminant emissions data and data on the atmospheric concentrations of pollution and pollution precursors for all nonattainment areas.

4. The department shall determine the costs and benefits of alternative reduction measures including reductions of emissions from stationary and mobile sources and traffic control measures. The department of highways and transportation, regional planning commissions and metropolitan planning organizations shall participate with the department and provide information necessary to determine the costs and benefits of emissions reduction measures.

5. The department shall evaluate any motor vehicle emissions inspection program established under section 307.366, RSMo, or sections 643.300 to 643.355 and shall annually include in the report to the commission and the general assembly required under section 643.192, beginning on January 1, 1996, a detailed accounting of the inspection costs and repair costs incurred by vehicle owners and of the emissions reductions produced or incurred by the program. The department may use a representative sample of vehicles to provide a statistically valid estimate of the repair costs and emissions reductions. The report shall also include a recommendation to the general assembly on whether the emissions inspection program should be continued, modified or terminated.

6. The department shall establish a program of public information and education to educate the citizens of the state about the costs and benefits associated with reaching attainment of the National Ambient Air Quality Standards and the costs and benefits of all measures which are considered to attain those standards. This shall be done prior to the commission's action under subsection 1 of this section."; and

Further amend said bill, Page 5, Section 643.310, Lines 3-13, by striking all of said lines and inserting in lieu thereof the following: "any portion of a nonattainment area [located within the area described in subsection 1 of section 643.305] if the commission determines that such motor vehicle emissions inspection program is necessary in that area to comply with the requirements of subsection 1 of section 643.305, except that, for any portion of the nonattainment area which is located in a county of the first classification without a charter form of government with a population of less than one hundred thousand inhabitants according to the most recent decennial census, [if the commission determines that such motor vehicle emissions inspection program is necessary in that area to comply with the requirements of subsection 1 of section 643.305, except that no motor vehicle emission inspection program shall be established under this section in any area for which the sale or dispensing of conventional gasoline for use in motor vehicles is prohibited under the federal Clean Air Act, as amended, 42 U.S.C. 7545] the commission may not require an inspection program using IM240 equipment. In any county of the first classification without a charter form of government and with a population not in excess of one hundred thousand persons and which is located in a nonattainment area, reformulated gasoline shall not be required in that portion of such county which is located west of 91 4' West longitude or south of 38 18' North latitude, or both. The commission shall ensure that, for each nonattainment area, the state"; and

Further amend said bill, Page 16, Section 643.355, Line 46, by inserting immediately after said line the following:

"9. In any county of the first classification without a charter form of government and with a population not in excess of one hundred thousand persons and which is located in a nonattainment area, the unincorporated portion of such county shall be exempt from state open burning regulations, including regulations under 10 CSR 10-5.070, until such county has attained a population of at least one hundred thousand persons.".

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

Senator Johnson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Schneider offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 4, Section 307.366, Line 123, by inserting immediately after all of said line the following:

"307.398. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated by the superintendent of the Missouri state highway patrol or the Missouri air conservation commission under the authority of sections 307.350 to 307.400, RSMo, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend the title and enacting clause accordingly.

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

Senator Yeckel offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 11, Section 643.315, Line 61, by deleting the words "the ninety days immediately" and inserting in lieu thereof the following: "twenty-four months".

Senator Yeckel moved that the above amendment be adopted.

Senator Flotron requested a roll call vote be taken on the adoption of SA 4. He was joined in his request by Senators Childers, Rohrbach, Westfall and Yeckel.

Senator Goode offered SSA 1 for SA 4, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 11, Section 643.315, Line 61, by deleting "ninety" and put in place thereof "one hundred and twenty".

Senator Flotron requested a roll call vote be taken on the adoption of SSA 1 for SA 4. He was joined in his request by Senators Rohrbach, Sims, Yeckel and Childers.

SSA 1 for SA 4 was adopted by the following vote:

YEAS--Senators
Banks Caskey Clay Curls
DePasco Goode Howard Jacob
Johnson Kenney Lybyer Mathewson
Maxwell McKenna Quick Scott
Staples Wiggins--18
NAYS--Senators
Bentley Childers Ehlmann Flotron
Graves Kinder Klarich Mueller
Rohrbach Sims Singleton Westfall
Yeckel--13
Absent--Senators
Russell Schneider--2
Absent with leave--Senator House--1


Senator Yeckel offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 1, In the Title, Lines 3-4, by striking the words "motor vehicle emissions" and inserting in lieu thereof the following: "programs administered by the department of natural resources"; and

Further amend said bill, page 4, section 307.366, line 123, by inserting after said line the following:

"640.040. 1. On and after the effective date of this section, in promulgating any rule relating to public health and safety or the environment, the department of natural resources and each board and commission within the department of natural resources shall publish with the notice of proposed rulemaking in the Missouri Register:

(1) An estimate, performed with as much specificity as practical, of the risk to the health and safety of individual members of the public addressed by the rule and its effect on human health or the environment and the costs associated with implementation of, and compliance with, the rule;

(2) A comparative analysis of the risk addressed by the rule relative to other risks to which the public is exposed; and

(3) Certification by the agency promulgating the rule that:

(a) The estimate required under subdivision (1) of this subsection and the analysis required under subdivision (2) of this subsection are based upon a scientific evaluation of the risk to the health and safety of individual members of the public and to human health or the environment and are supported by the best available scientific data;

(b) The rule will substantially advance the purpose of protecting the public health and safety or the environment against the specified identified risk; and

(c) The rule will produce benefits to the public health and safety or the environment that will justify the cost to the government and the public of implementation of, and compliance with, the rule.

2. In the event that the department, board or commission cannot provide the certification required under subsection 1 of this section, the department, board or commission shall report to the general assembly that such certification cannot be made and shall include a statement of the reasons therefor in such report and in the notice of proposed rulemaking.

3. The certification required by this section shall not be construed to amend, modify or alter any provision of law."; and

Further amend the title and enacting clause accordingly.

Senator Yeckel moved that the above amendment be adopted.

Senator Goode raised the point of order that SA 5 is out of order in that it goes beyond the scope of the bill.

Senator Johnson assumed the Chair.

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

Senator Yeckel offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 1, In the Title, Lines 3-4, by striking the words "motor vehicle emissions" and inserting in lieu thereof the following: "programs administered by the department of natural resources"; and

Further amend said bill, page 4, section 307.366, line 123, by inserting after said line the following:

"640.040. 1. On and after the effective date of this section, in promulgating any rule relating to motor vehicle emissions, the department of natural resources and each board and commission within the department of natural resources shall publish with the notice of proposed rulemaking in the Missouri Register:

(1) An estimate, performed with as much specificity as practical, of the risk to the health and safety of individual members of the public addressed by the rule and its effect on human health or the environment and the costs associated with implementation of, and compliance with, the rule;

(2) A comparative analysis of the risk addressed by the rule relative to other risks to which the public is exposed; and

(3) Certification by the agency promulgating the rule that:

(a) The estimate required under subdivision (1) of this subsection and the analysis required under subdivision (2) of this subsection are based upon a scientific evaluation of the risk to the health and safety of individual members of the public and to human health or the environment and are supported by the best available scientific data;

(b) The rule will substantially advance the purpose of protecting the public health and safety or the environment against the specified identified risk; and

(c) The rule will produce benefits to the public health and safety or the environment that will justify the cost to the government and the public of implementation of, and compliance with, the rule.

2. In the event that the department, board or commission cannot provide the certification required under subsection 1 of this section, the department, board or commission shall report to the general assembly that such certification cannot be made and shall include a statement of the reasons therefor in such report and in the notice of proposed rulemaking.

3. The certification required by this section shall not be construed to amend, modify or alter any provision of law."; and

Further amend the title and enacting clause accordingly.

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

Senator Flotron offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 5, Section 643.210, Line 12, by inserting immediately after all of said line the following:

"643.307. No reformulated gasoline may be sold at any business which sells gasoline unless there is conspicuously made available an informational pamphlet free of charge to customers which explains the reason reformulated gas is being sold, the differences in cost between reformulated gas and unleaded gasoline previously sold at the business, the differences in efficiency, horsepower, and mileage between reformulated gas and unleaded gasoline previously sold at the business, and the names of elected federal representatives and their addresses, including the Environmental Protection Agency, where the customer may write to voice his or her opinion about the forced use of reformulated gasoline. Such pamphlets shall be furnished by the department to each business at no cost to the business, and the content and language of such pamphlets shall be made by concurrent resolution of the general assembly."; and

Further amend the title and enacting clause accordingly.

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

Senator Ehlmann offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 6, Section 643.310, Line 28 of said section, by removing the opening bracket "[" on line 28 of said section; and

Further amend line 33 of said section, by adding the phrase "at a minimum" immediately after the word "shall" on said line; and

Further amend line 39 of said section, by removing the closing bracket "]" on said line.

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

At the request of Senator Goode, SB 541 and SB 822, with SCS, as amended (pending), were placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SS for SCS for SBs 675, 483, 490 and 564, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

REFERRALS

President Pro Tem McKenna referred SS for SCS for SBs 675, 483, 490 and 564 to the Committee on State Budget Control.

INTRODUCTION OF BILLS

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

SB 944-By McKenna.

An Act to repeal sections 610.010, 610.015, 610.020, 610.022, 610.023, 610.026, 610.027, 610.029, 610.030, 610.105 and 610.125, RSMo 1994, and sections 610.021 and 610.100, RSMo Supp. 1997, relating to governmental bodies, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

SB 945-By Howard.

An Act to repeal section 263.527, RSMo Supp. 1997, relating to cotton growers referendum, and to enact in lieu thereof one new section relating to the same subject.

SB 946-By Westfall.

An Act to repeal section 302.171, RSMo Supp. 1997, relating to driver's license applications, and to enact in lieu thereof one new section relating to the same subject.

SB 947-By Bentley.

An Act to repeal sections 162.471 and 162.481, RSMo 1994, relating to school boards, and to enact in lieu thereof two new sections relating to the same subject.

SB 948-By Bentley.

An Act to amend chapter 577, RSMo, by adding thereto one new section relating to motor vehicles.

SB 949-By Sims.

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to an income tax credit for certain property taxes.

SB 950-By Goode and Ehlmann.

An Act to repeal section 99.805, as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, relating to real property tax increment allocation redevelopment, and to enact in lieu thereof two new sections relating to the same subject.

SJR 37-By DePasco.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39(e) of article III of the constitution of Missouri relating to riverboat gambling, and adopting one new section in lieu thereof relating to the same subject.

RESOLUTIONS

Senator McKenna offered Senate Resolution No. 1220, regarding Corporal Donald J. Cummines, Jefferson County Sheriff's Department, which was adopted.

Senator McKenna offered Senate Resolution No. 1221, regarding Deputy Raymond F. Edler, Jr., Jefferson County Sheriff's Department, which was adopted.

Senator McKenna offered Senate Resolution No. 1222, regarding Police Officer David L. Taylor, Byrnes Mill Police Department, which was adopted.

Senator McKenna offered Senate Resolution No. 1223, regarding the One Hundred Sixth Birthday of Iva McMechan, Festus, which was adopted.

Senator Curls offered Senate Resolution No. 1224, regarding the Forty-fifth Anniversary of Paradise Missionary Baptist Church, Kansas City, which was adopted.

Senator Curls offered Senate Resolution No. 1225, regarding members of the Paradise Missionary Baptist Church, which was adopted.

Senators Bentley and Sims offered Senate Resolution No. 1226, regarding the Junior Leagues of Springfield, St. Louis, Kansas City and St. Joseph, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Westfall introduced to the Senate, Richard Gelner and Jeff Gower, Springfield.

Senator Graves introduced to the Senate, his wife, Lesley, and their children, Megan, Trey and Emily, Tarkio; and Megan was made an honorary page.

Senator Staples introduced to the Senate, Randall and Becky Combs, Alton.

Senator Russell introduced to the Senate, Ed and Brad Brown, Lebanon.

Senator Rohrbach introduced to the Senate, Joe Scallons, California.

Senator Wiggins introduced to the Senate, Mary Kay Farrow, Kansas City.

Senator Johnson introduced to the Senate, Andrea Schweizer, Amazonia.

Senator Caskey introduced to the Senate, Joey Lysinger, Holden.

Senator Maxwell introduced to the Senate, Travis Belt, Leonard; and Christine Long, Vandalia.

Senator Kinder introduced to the Senate, Brian Heuring, Oran.

Senator Childers introduced to the Senate, Eric Roller, Seligman.

Senator Westfall introduced to the Senate, Sally Greene, Willard; and Katie McWilliams, Liberal.

Senator Mathewson introduced to the Senate, Dan Arnsperger, Salisbury.

Senator Graves introduced to the Senate, Allison Cadle, Grant City.

Senator Staples introduced to the Senate, Wayne Elkins, Doniphan.

Senator Rohrbach introduced to the Senate, Tim Heisberger, and seventy-five fourth grade students from Belair Elementary School, Jefferson City.

Senator Lybyer introduced to the Senate, Tony Hancock, Bucyrus; and Heather Hoffmeister, Morrison.

Senator Rohrbach introduced to the Senate, Ty Crain, Eldon.

Senator Singleton introduced to the Senate, Ed Streich and James Spradling, Carthage; and Shannon Spradling, Kansas City.

Senator Staples introduced to the Senate, Sheriff Dan Bullock; and Mr. and Mrs. Ed Doughty, Farmington.



Senator Westfall introduced to the Senate, Sheriff Doug Seneker, Lawrence County.

Senator Kinder introduced to the Senate, Sheriff David Lewis, Fredericktown; Sheriff John Jordan, Cape Girardeau; and Sheriff Gary Schaaf, Perryville.

On behalf of Senator Goode and herself, Senator Yeckel introduced to the Senate, Chancellor Blanche Touhill, St. Louis.

Senator Ehlmann introduced to the Senate, former State Senator Fred Dyer, St. Charles.

On behalf of Senators Bentley, Kinder, Jacob and himself, Senator Westfall introduced to the Senate, a delegation from the Collegiate Farm Bureau Chapters.

Senator Singleton introduced to the Senate, Adrienne Nielsen, Granby; Charity Baugh, Carthage; and Jodie Pinson, Texas County.

Senator Kenney introduced to the Senate, Bob Brennan, and the Truman High School Leadership Class, Independence.

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