Journal of the Senate

SECOND REGULAR SESSION


THIRTIETH DAY--THURSDAY, FEBRUARY 26, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Dear Lord, what do you expect of us? Are Your standards for us higher than what people expect of us or even what we expect of ourselves? We are thankful that even though Your standards for us are high, that You forgive us when we fail and always seem willing to give us another chance. Help us to live up to the best that is in us. Forgive us when we fail. Use our efforts as a blessing to others. 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.

Senator Quick announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

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.

RESOLUTIONS

Senator Klarich offered Senate Resolution No. 1254, regarding the Ninetieth Birthday of Albin J. Goestenkors, Wildwood, which was adopted.

On behalf of Senator House, Senator Quick offered Senate Resolution No. 1255, regarding Mary Heaven Littrell, Louisiana, which was adopted.

On behalf of Senator House, Senator Quick offered Senate Resolution No. 1256, regarding Chad Richard Odom, St. Charles, which was adopted.

INTRODUCTION OF BILLS

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

SB 964-By Graves.

An Act to repeal section 137.021, RSMo Supp. 1997, relating to approval of new productive values for agricultural and horticultural property, and to enact in lieu thereof one new section relating to the same subject.

SB 965-By Westfall, Maxwell and Kinder.

An Act to repeal sections 143.011, 143.071, 144.021, 144.440, 144.700, 144.701, 163.022, 163.032, 164.013 and 177.088, RSMo 1994, and sections 137.073, 144.020, 163.011, 163.021, 163.031, 163.087, 164.011 and 165.011, RSMo Supp. 1997, relating to funding for public schools, and to enact in lieu thereof fourteen new sections relating to the same subject, with an effective date for a certain section and a referendum clause.

SB 966-By Scott.

An Act to repeal sections 162.581 and 162.601, RSMo 1994, relating to public schools, and to enact in lieu thereof two new sections relating to the same subject.

SB 967-By Scott.

An Act to repeal sections 163.161, 313.805 and 313.822, RSMo 1994, relating to public schools, and to enact in lieu thereof nine new sections relating to the same subject.

SB 968-By Scott.

An Act to repeal sections 160.538 and 168.221, RSMo 1994, relating to public schools, and to enact in lieu thereof four new sections relating to the same subject.

SB 969-By Scott.

An Act to repeal sections 163.011 and 163.031, RSMo Supp. 1997, relating to public schools, and to enact in lieu thereof three new sections relating to the same subject.

SB 970-By Maxwell.

An Act to amend chapter 261, RSMo, by adding thereto one new section relating to the department of agriculture.

SB 971-By Maxwell.

An Act to repeal section 191.807, RSMo 1994, relating to the women, infants and children program, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

SB 972-By Maxwell and Johnson.

An Act to repeal section 143.111, RSMo 1994, relating to income tax deduction for certain contributions, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

SB 973-By Maxwell.

An Act to repeal sections 52.260, 137.115, 137.720, 137.722 and 137.750, RSMo 1994, and sections 138.395 and 163.031, RSMo Supp. 1997, relating to assessment and collection of property taxes, and to enact in lieu thereof nine new sections relating to the same subject, with effective dates for certain sections.

SB 974-By Maxwell.

An Act to repeal sections 409.101, 409.303, 409.305, 409.402, 409.408, 409.409, 409.410 and 409.823, RSMo 1994, and sections 409.201, 409.202, 409.401, 409.407 and 409.415, RSMo Supp. 1997, relating to the regulation of securities, and to enact in lieu thereof fourteen new sections relating to the same subject.

SB 975-By Jacob.

An Act to amend chapter 16, RSMo, by adding thereto four new sections relating to interstate cooperation.

SB 976-By Curls.

An Act to repeal sections 208.040, 208.044 and 208.325, RSMo 1994, and to enact in lieu thereof five new sections relating to temporary assistance to needy families.

SB 977-By Curls.

An Act to repeal sections 430.230, 430.235, 430.240 and 430.250, RSMo 1994, relating to liens for the protection of licensed health practitioners, and to enact in lieu thereof four new sections relating to the same subject.

SB 978-By Curls.

An Act to repeal sections 32.111, 32.112 and 32.115, RSMo Supp. 1997, section 32.125 as enacted by senate bill no. 3 of the first regular session of the eighty-eighth general assembly, and section 32.125 as enacted by senate bill no. 374 of the first regular session of the eighty-eighth general assembly, relating to tax credits for assistance to affordable housing, and to enact in lieu thereof four new sections relating to the same subject.

SB 979-By Curls.

An Act to repeal section 208.040, RSMo 1994, relating to eligibility standards for public assistance, and to enact in lieu thereof two new sections relating to the same subject.

SB 980-By Curls.

An Act to repeal section 208.070, RSMo 1994, relating to public assistance accountability, and to enact in lieu thereof two new sections relating to the same subject.

SENATE BILLS FOR PERFECTION

Senator Quick moved that SB 632, with SCS and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SCS for SB 632, as amended, was again taken up.

Senator Sims offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 632, Page 3, Section 208.183, Line 14 of said page, by inserting immediately after all of said line the following:

"8. The department of social services shall prepare an annual report to the governor and the general assembly on the effect of this program. The report shall include, but is not limited to:

(1) The number of children participating in the program in each income category;

(2) The effect of the program on the number of children covered by private insurers;

(3) The effect of the program on medical facilities, particularly emergency rooms; and

(4) The overall effect of the program on the health care of Missouri residents.

9. The department of social services shall establish an identification program to identify children not participating in the program though eligible for extended medical coverage. The department's efforts to identify these uninsured children shall include, but not be limited to:

(1) Working closely with hospitals and other medical facilities; and

(2) Establishing a statewide education and information program."; and

Further amend by renumbering the remaining subsection accordingly.

Senator Sims moved that the above amendment be adopted.

Senator Rohrbach offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 632, Page 1, Section 208.183, Lines 4-14 of said bill, by striking all of said lines; and

Further amend said bill, page 2, lines 1 to 17, of said page, by striking all of said lines and inserting in lieu thereof the following:

"Section 1. 1. This act shall be known and may be cited as the "Missouri Children's Health Insurance Program".

2. As used in sections 1 to 5 of this act, the following terms shall mean:

(1) "Certified child health plan", health insurance coverage provided by a participating insurer consistent with sections 1 to 5 of this act;

(2) "Child", a natural person less than nineteen years of age who is a resident of Missouri;

(3) "Department", the Missouri department of insurance;

(4) "Group health plan", the meaning given such term under section 2791 of the federal Public Health Service Act, 42 U.S.C. 300gg-91;

(5) "Health insurance coverage", the meaning given such term under section 2791 (b)(1) of the federal Public Health Service Act, 42 U.S.C. 300gg-91;

(6) "Participating insurer", any entity licensed to provide health insurance in Missouri that has been certified by the department to offer health insurance coverage to targeted low-income children pursuant to sections 1 to 5 of this act;

(7) "Poverty", the meaning given such term in section 673(2) of the federal Community Service Block Grant Act, 42 U.S.C. 9902(2), as amended;

(8) "Preexisting condition exclusion", the meaning given such term in section 2701(b)(1)(A) of the federal Public Health Service Act, 42 U.S.C. 300gg(b)(1)(A);

(9) "Targeted child", a child, except as provided by paragraph (d) of this subdivision, who:

(a) Has been determined eligible under sections 1 to 5 of this act;

(b) Is a child whose family income is at or below two hundred percent of the federal poverty level; and

(c) Is not found to be eligible for medical assistance as authorized in section 208.151, RSMo, or covered under a group health plan or under any other health insurance coverage;

(d) Such term does not include:

a. A child who is an inmate in a correctional facility or a patient in an institution for mental diseases; or

b. A child who is a member of a family that is eligible for health benefit coverage under a state employee health benefit plan.

Section 2. 1. The department shall be responsible for certifying the health plans which meet the coverage requirements of section 3 of this act and provides benefits which meet or exceed those outlined in section 5 of this act.

2. Up to ten percent of the federal and state funds shall be used for:

(1) Outlays through the department of health to local health agencies for children's health programs; and

(2) Other reasonable costs incurred by the state to administer the program.

Section 3. 1. Certified child health plans must offer the following:

(1) Coverage to targeted children without the imposition of a preexisting condition exclusion, except that a preexisting condition exclusion may be applied if the certified child health plan is provided through a group health plan or group health insurance coverage, consistent with the limitations on the imposition of preexisting conditions exclusions in connection with such coverage under state and federal law;

(2) Coverage to targeted children regardless of health status;

(3) The option for insured children to change enrollment between participating insurers upon the annual coverage renewal date, provided that at least six months notice of an election to change enrollment is provided to the participating insurer with which the child is currently enrolled. The notice provision shall be reduced to sixty days if the child has changed residence to an area outside the geographic service area of the participating insurer with which the child is currently enrolled.

2. Premium and cost-sharing amounts for certified child health plans are limited to the following:

(1) No deductible, coinsurance or other cost-sharing is permitted with respect to benefits for well-baby and well-child care including age-appropriate immunizations;

(2) For children whose family income is at or below one hundred fifty percent of the federal poverty level:

(a) Premiums, enrollment fees or similar charges may not exceed the maximum monthly charge permitted consistent with standards established to carry out section 1916 (b)(l) of Title XIX of the federal Social Security Act, 42 U.S.C. 201 et seq.; and

(b) Deductibles and other cost-sharing shall not exceed an amount that is nominally consistent with standards provided under Section 1916 (a)(3) of Title XIX of the federal Social Security Act, 42 U.S.C. 301 et seq., as adjusted;

(3) For children whose family income is more than one hundred fifty percent of the federal poverty level, premiums, deductibles, and other cost-sharing may be imposed on a sliding scale related to income, provided that the total annual aggregate cost-sharing with respect to all targeted children in a family under sections 1 to 5 of this act shall not exceed five percent of such family's income for the year involved."; and

Further amend said bill, page 3, section 208.133, lines 3 to 14 of said page, by striking all of said lines and inserting in lieu thereof the following:

"3. Existing health insurance sales and marketing methods for certified child health plans, including the use of agents and payment of commissions, shall be utilized to inform families of the availability of certified children's health plans and assist them in obtaining such coverage for children."; and

Further amend line 15 of page 3, by striking "8." and inserting in lieu thereof "4."; and

Further amend said bill and section, page 4, line 11 of said page, by inserting after all of said line the following:

"Section 4. For tax years beginning on or after January 1, 1999, eligible taxpayers whose children are covered by private insurers through programs which meet or exceed the benefits consistent with section 5 of this act may claim a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo. Taxpayers are not allowed tax credits for payments made for the receipt of benefits provided for in section 208.151, RSMo. If the amount allowable exceeds the income tax reduced by other credits, then the excess shall be considered an overpayment of income tax. The credit shall be allowed in the following percentages of health insurance premiums based on the level of the taxpayers' combined Missouri adjusted gross income as a percentage of the federal poverty level:

Percentage of
health insurance

premiums that may

Income as a percentage be claimed as a

of federal poverty level refundable tax credit

100-150% 90%
151-175% 80%
176-200% 70%
201-225% 60%
226-250% 50%
251-275% 40%
278-300% 30%

The director of the department of revenue shall promulgate rules and regulations to determine taxpayer qualifications and filing requirements for the credit authorized pursuant to this section. No rule or portion of a rule promulgated pursuant to authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

Section 5. 1. A certified child health plan shall contain benefits consistent with either subsection 2, 3 or 4 of this section. However, nothing in sections 1 to 5 of this act shall be construed to prevent a qualified child health plan from offering a category of benefits that are not specified herein.

2. The first option is health insurance coverage equivalent to one of the following:

(1) The standard health services corporation preferred provider option under the Federal Employees Health Benefit Plan, 5 U.S.C. 8903 (1); or

(2) A health benefits coverage plan that is offered and generally available to state employees; or

(3) Health insurance coverage offered by the health maintenance organization that has the largest insured commercial, non-medicaid enrollment of covered lives in the state.

3. The second option is:

(1) Health insurance coverage that has an aggregate actuarial value at least equivalent to subdivision (1), (2) or (3) of subsection 1 of this section and that includes coverage for the following basic services:

(a) Inpatient and outpatient hospital services;

(b) Physicians' surgical and medical services;

(c) Laboratory and x-ray services; and

(d) Well-baby and well-child care, including age-appropriate immunizations;

(2) Health insurance coverage based on actuarial equivalence for basic services, as described in subdivision (1) of this subsection, may provide the following additional services if the coverage for such services has an actuarial value of at least seventy-five percent of the actuarial value of the coverage provided in that category of services in such package:

(a) Coverage of prescription drugs;

(b) Mental health services;

(c) Vision services;

(d) Hearing services.

4. The third option is, upon application by this state, any other health insurance coverage that has been approved by the United States Secretary of Health and Human Services."; and

Further amend the title and enacting clause accordingly.

Senator Rohrbach moved that the above substitute amendment be adopted.

Senator Caskey raised the point of order that SSA 1 for SA 2 is out of order as it is not a true substitute for SA 2 since it does not prohibit SA 2 from being offered later. He raised a further point of order that the substitute amendment is out of order as it is a substitute for the original bill rather than for SA 2.

Senator Mathewson assumed the Chair.

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

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

President Pro Tem McKenna ruled the point of order raised by Senator Caskey relating to the amendment being a true substitute amendment well taken, and explained that the portion of the point of order relating to the substitute amendment being a substitute for the bill rather than the original amendment would not have been well taken.

President Pro Tem McKenna assumed the Chair.

SA 2 was again taken up.

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

Senator Sims offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 632, Page 2, Section 208.183, Line 14 of said page, by striking the word "and"; and

Further amend said bill, page 2, Section 208.183, Line 17 of said page, by striking the period "." and inserting in lieu thereof the following: "; and

(4) After the first year demonstrate annually their child's participation in wellness programs including inoculations and an annual physical examination.".

Senator Sims moved that the above amendment be adopted.

Senator Rohrbach offered SSA 1 for SA 3:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 632, Page 1, Section 208.183, Lines 4-14 of said bill, by striking all of said lines; and

Further amend said bill, page 2, lines 1 to 17, of said page, by striking all of said lines and inserting in lieu thereof the following:

"Section 1. 1. This act shall be known and may be cited as the "Missouri Children's Health Insurance Program".

2. As used in sections 1 to 5 of this act, the following terms shall mean:

(1) "Certified child health plan", health insurance coverage provided by a participating insurer consistent with sections 1 to 5 of this act;

(2) "Child", a natural person less than nineteen years of age who is a resident of Missouri;

(3) "Department", the Missouri department of insurance;

(4) "Group health plan", the meaning given such term under section 2791 of the federal Public Health Service Act, 42 U.S.C. 300gg-91;

(5) "Health insurance coverage", the meaning given such term under section 2791 (b)(1) of the federal Public Health Service Act, 42 U.S.C. 300gg-91;

(6) "Participating insurer", any entity licensed to provide health insurance in Missouri that has been certified by the department to offer health insurance coverage to targeted low-income children pursuant to sections 1 to 5 of this act;

(7) "Poverty", the meaning given such term in section 673(2) of the federal Community Service Block Grant Act, 42 U.S.C. 9902(2), as amended;

(8) "Preexisting condition exclusion", the meaning given such term in section 2701(b)(1)(A) of the federal Public Health Service Act, 42 U.S.C. 300gg(b)(1)(A);

(9) "Targeted child", a child, except as provided by paragraph (d) of this subdivision, who:

(a) Has been determined eligible under sections 1 to 5 of this act;

(b) Is a child whose family income is at or below two hundred percent of the federal poverty level; and

(c) Is not found to be eligible for medical assistance as authorized in section 208.151, RSMo, or covered under a group health plan or under any other health insurance coverage;

(d) Such term does not include:

a. A child who is an inmate in a correctional facility or a patient in an institution for mental diseases; or

b. A child who is a member of a family that is eligible for health benefit coverage under a state employee health benefit plan.

Section 2. 1. The department shall be responsible for certifying the health plans which meet the coverage requirements of section 3 of this act and provides benefits which meet or exceed those outlined in section 5 of this act.

2. Up to ten percent of the federal and state funds shall be used for:

(1) Outlays through the department of health to local health agencies for children's health programs; and

(2) Other reasonable costs incurred by the state to administer the program.

Section 3. 1. Certified child health plans must offer the following:

(1) Coverage to targeted children without the imposition of a preexisting condition exclusion, except that a preexisting condition exclusion may be applied if the certified child health plan is provided through a group health plan or group health insurance coverage, consistent with the limitations on the imposition of preexisting conditions exclusions in connection with such coverage under state and federal law;

(2) Coverage to targeted children regardless of health status;

(3) The option for insured children to change enrollment between participating insurers upon the annual coverage renewal date, provided that at least six months notice of an election to change enrollment is provided to the participating insurer with which the child is currently enrolled. The notice provision shall be reduced to sixty days if the child has changed residence to an area outside the geographic service area of the participating insurer with which the child is currently enrolled.

2. Premium and cost-sharing amounts for certified child health plans are limited to the following:

(1) No deductible, coinsurance or other cost-sharing is permitted with respect to benefits for well-baby and well-child care including age-appropriate immunizations;

(2) For children whose family income is at or below one hundred fifty percent of the federal poverty level:

(a) Premiums, enrollment fees or similar charges may not exceed the maximum monthly charge permitted consistent with standards established to carry out section 1916 (b)(l) of Title XIX of the federal Social Security Act, 42 U.S.C. 201 et seq.; and

(b) Deductibles and other cost-sharing shall not exceed an amount that is nominally consistent with standards provided under Section 1916 (a)(3) of Title XIX of the federal Social Security Act, 42 U.S.C. 301 et seq., as adjusted;

(3) For children whose family income is more than one hundred fifty percent of the federal poverty level, premiums, deductibles, and other cost-sharing may be imposed on a sliding scale related to income, provided that the total annual aggregate cost-sharing with respect to all targeted children in a family under sections 1 to 5 of this act shall not exceed five percent of such family's income for the year involved."; and

Further amend said bill, page 3, section 208.133, lines 3 to 14 of said page, by striking all of said lines and inserting in lieu thereof the following:

"3. Existing health insurance sales and marketing methods for certified child health plans, including the use of agents and payment of commissions, shall be utilized to inform families of the availability of certified children's health plans and assist them in obtaining such coverage for children."; and

Further amend line 15 of page 3, by striking "8." and inserting in lieu thereof "4."; and

Further amend said bill and section, page 4, line 11 of said page, by inserting after all of said line the following:

"Section 4. For tax years beginning on or after January 1, 1999, eligible taxpayers whose children are covered by private insurers through programs which meet or exceed the benefits consistent with section 5 of this act may claim a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo. Taxpayers are not allowed tax credits for payments made for the receipt of benefits provided for in section 208.151, RSMo. If the amount allowable exceeds the income tax reduced by other credits, then the excess shall be considered an overpayment of income tax. The credit shall be allowed in the following percentages of health insurance premiums based on the level of the taxpayers' combined Missouri adjusted gross income as a percentage of the federal poverty level:

Percentage of

health insurance

premiums that may

Income as a percentage be claimed as a

of federal poverty level refundable tax credit

100-150% 90%

151-175% 80%

176-200% 70%

201-225% 60%

226-250% 50%

251-275% 40%

278-300% 30%

The director of the department of revenue shall promulgate rules and regulations to determine taxpayer qualifications and filing requirements for the credit authorized pursuant to this section. No rule or portion of a rule promulgated pursuant to authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

Section 5. 1. A certified child health plan shall contain benefits consistent with either subsection 2, 3 or 4 of this section. However, nothing in sections 1 to 5 of this act shall be construed to prevent a qualified child health plan from offering a category of benefits that are not specified herein.

2. The first option is health insurance coverage equivalent to one of the following:

(1) The standard health services corporation preferred provider option under the Federal Employees Health Benefit Plan, 5 U.S.C. 8903 (1); or

(2) A health benefits coverage plan that is offered and generally available to state employees; or

(3) Health insurance coverage offered by the health maintenance organization that has the largest insured commercial, non-medicaid enrollment of covered lives in the state.

3. The second option is:

(1) Health insurance coverage that has an aggregate actuarial value at least equivalent to subdivision (1), (2) or (3) of subsection 1 of this section and that includes coverage for the following basic services:

(a) Inpatient and outpatient hospital services;

(b) Physicians' surgical and medical services;

(c) Laboratory and x-ray services; and

(d) Well-baby and well-child care, including age-appropriate immunizations;

(2) Health insurance coverage based on actuarial equivalence for basic services, as described in subdivision (1) of this subsection, may provide the following additional services if the coverage for such services has an actuarial value of at least seventy-five percent of the actuarial value of the coverage provided in that category of services in such package:

(a) Coverage of prescription drugs;

(b) Mental health services;

(c) Vision services;

(d) Hearing services.

4. The third option is, upon application by this state, any other health insurance coverage that has been approved by the United States Secretary of Health and Human Services."; and

Further amend the title and enacting clause accordingly.

Senator Rohrbach moved that the above substitute amendment be adopted.

Senator Kinder requested a roll call vote be taken on the adoption of SSA 1 for SA 3 and was joined in his request by Senators Ehlmann, Kenney, Singleton and Wiggins.

Senator Johnson assumed the Chair.

Senator Maxwell offered SA 1 to SSA 1 for SA 3, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 3 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 632, Page 2, Section 1, Line 26, by striking all of said amendment after line 26 through page 8, line 1 and insert in lieu thereof "; and".

Senator Maxwell moved that the above amendment be adopted.

At the request of Senator Maxwell, SA 1 to SSA 1 for SA 3 was withdrawn.

Senator Ehlmann offered SA 2 to SSA 1 for SA 3, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 3 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 632, Page 6, Section 4, Line 15, by adding the following: "The Director of Revenue shall promulgate rules and regulations to allow anyone who qualifies for the tax credit to adjust their withholding accordingly.".

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

President Pro Tem McKenna assumed the Chair.

SSA 1 for SA 3, as amended, was again taken up.

At the request of Senator Quick, SB 632, with SCS, SS for SCS, SA 3 and SSA 1 for SA 3, as amended (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

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

SB 981-By Schneider.

An Act to repeal section 287.210, RSMo 1994, relating to workers compensation, and to enact in lieu thereof one new section relating to the same subject.

SB 982-By Schneider.

An Act to repeal section 287.160, RSMo 1994, relating to workers compensation, and to enact in lieu thereof one new section relating to the same subject.

SB 983-By Yeckel.

An Act to repeal section 143.111, RSMo 1994, relating to certain income tax deductions, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

SB 984-By Yeckel.

An Act relating to medical savings accounts.

SB 985-By Maxwell.

An Act to repeal section 169.070, RSMo Supp. 1997, relating to public school retirement survivor options, and to enact in lieu thereof one new section relating to the same subject.

SB 986-By Lybyer.

An Act to amend chapter 37, RSMo, by adding thereto one new section relating to state operated communication systems.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 1182, begs leave to report that it has considered the same and recommends that the resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Resolution No. 1182, Page 203, Column 1, Lines 27-32 of the Senate Journal for Monday, February 16, 1998, by striking all of said lines and inserting in lieu thereof the following:

"The Committee shall review each concurrent resolution, except those dealing with questions of adjournment or going into joint session, prior to its assignment to Committee to determine whether it has the force and effect of law. If it is so determined, the Committee will report its finding to the Senate and if the Committee Report is adopted, the resolution shall be treated in its passage, in all respects, as is a bill. No floor debate shall be allowed on the motion to adopt the committee report.".

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 1183, begs leave to report that it has considered the same and recommends that the resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 1184, begs leave to report that it has considered the same and recommends that the resolution do pass.

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

Mr. President: Your Committee on Insurance and Housing, to which was referred SB 800, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Clay, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 471, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 767, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 passed HB 1148, entitled:

An Act to repeal sections 319.129, 319.131 and 319.133, RSMo Supp. 1997, relating to the petroleum storage tank insurance fund, and to enact in lieu thereof three new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate the House has taken up and passed HB 1144, entitled:

An Act to repeal section 386.570, RSMo 1994, relating to penalties for violation of public service commission orders, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1160, entitled:

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

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed 1609, entitled:

An Act to repeal section 84.160, RSMo Supp.1997, relating to the police force in certain cities, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

RESOLUTIONS

Senator Ehlmann offered Senate Resolution No. 1257, regarding the Missouri Wing of the Confederate Air Force, Inc., which was adopted.

Senator Sims offered Senate Resolution No. 1258, regarding Kristen Andersen, St. Louis, which was adopted.

On motion of Senator Quick, the Senate recessed until 1:30 p.m.

RECESS

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

COMMUNICATIONS

President Pro Tem McKenna submitted the following:

February 24, 1998

Mr. Marty Drewel

Senate Appropriations Staff

Capitol Building

Jefferson City, MO 65101

Dear Mr. Drewel:

Please be advised that I am hereby appointing you a member of the Missouri Interagency Planning Council, Executive Order 94-04 to replace Mr. Tim Dawson.

If you have any questions or concerns please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

Missouri Senate



INTRODUCTIONS OF GUESTS

Senator Bentley introduced to the Senate, Mr. and Mrs. Chen, Beijing, China.

Senator Bentley introduced to the Senate, Linda and Nick Paroff, Kansas City.

On behalf of Senator Wiggins and himself, Senator Kenney introduced to the Senate, Jim and Shara Spilker, and their children, Kristin, Scott and Megan, home schoolers from Kansas City; and Kristin, Scott and Megan were made honorary pages.

Senator Rohrbach introduced to the Senate, Shelley Sloca, Jefferson City; and Shelley was made an honorary page.

Senator Rohrbach introduced to the Senate, the

Physician of the Day, Dr. Jordan Page, Jefferson City.

Senator Bentley introduced to the Senate, Teri Hacker and Charlie Denison, Springfield.

Senator Mueller introduced to the Senate, Cindy Nichols, Leslie Bartin, Cindy Stevens and sixty-eighth fourth grade students from Robinson Elementary School, St. Louis; and Ali Leugold, Katy Nichols, Alex Kerr and Dylan Compton were made honorary pages.

Senator Lybyer introduced to the Senate, Cassie Lane and fourth grade students from Newburg Elementary School, Newburg; and Melissa Wallace, Tara Hunt, Jason White, Shawn Warren, Augusta Turner and Kelsey Beyers were made honorary pages.

Senator Russell introduced to the Senate, seventy-five third grade students from Hubble Elementary School, Marshfield.

On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, March 2, 1998.