Journal of the Senate

SECOND REGULAR SESSION


THIRTY-THIRD DAY--WEDNESDAY, MARCH 4, 1998


The Senate met pursuant to adjournment.

Senator Wiggins in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, we are thankful that in our nation more people are concerned about diet than where their next meal is coming from, about remodeling their house than where they will spend the night, the latest fashion rather than having clothes to wear. We are thankful for our abundance, but we know it is not shared by everyone. Teach us how to help the less fortunate, to minister to the needy and to lift up those who are down. Use us. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

Present--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

Senator Quick offered Senate Resolution No. 1294, regarding Rex Aaron Dixon, II, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1295, regarding Jarod S. Burch, Pleasant Valley, which was adopted.

THIRD READING OF SENATE BILLS

SB 517, introduced by Senator Graves, entitled:

An Act to amend chapter 357, RSMo, by adding one new section relating to housing cooperatives.

Was called from the Consent Calendar and taken up.

On motion of Senator Graves, SB 517 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay DePasco
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Banks--1
Absent--Senators
Bentley Curls Ehlmann Schneider--4
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

President Wilson assumed the Chair.

Senator Wiggins assumed the Chair.

SB 722, with SCS, introduced by Senators Sims and Bentley, entitled:

An Act to amend chapter 375, RSMo, by adding thereto one new section relating to consideration of domestic violence in insurance policies, with an effective date.

Was called from the Consent Calendar and taken up by Senator Sims.

SCS for SB 722, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 722

An Act to amend chapter 375, RSMo, by adding thereto one new section relating to consideration of domestic violence in insurance policies, with an effective date.

Was taken up.

Senator Sims moved that SCS for SB 722 be adopted, which motion prevailed.

On motion of Senator Sims, SCS for SB 722 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Curls Schneider--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 719, introduced by Senator Yeckel, entitled:

An Act to repeal section 443.415, RSMo 1994, relating to mortgage insurance, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Yeckel, SB 719 was read the 3rd time and passed by the following vote:

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

President Pro Tem McKenna assumed the Chair.

The President Pro Tem declared the bill passed.

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

Senator Yeckel 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 SS No. 2 for SCS for SB 632 to the Committee on State Budget Control.

Senator Quick announced that photographers from the Senate had been given permission to film in the Senate Chamber today.

SENATE BILLS FOR PERFECTION

At the request of Senator Mathewson, SB 751, with SCA 1, was placed on the Informal Calendar.

Senator Goode moved that SB 487 be taken up for perfection, which motion prevailed.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 487, Page 11, Section 304.157, Lines 26-28, by striking said lines and inserting in lieu thereof the following:

"property may authorize a towing company to remove abandoned property or property parked in a restricted or assigned area without authorization by a law enforcement officer only when the owner, lessee or [agent] property or security manager of the real property is present. A property or security manager must be a full-time employee of a business entity. An authorization to tow under this subsection may be made [and] only under any of the following circumstances:"; and

Further amend said bill, page and section, line 32, by inserting after the word "property" the following: "or property parked in a restricted or assigned area"; and further on line 35 by inserting after the word "obtained" and before the semicolon ";" the following: "or a twenty-four-hour staffed emergency information telephone number by which the owner of the abandoned property or improperly parked property may call to receive information regarding the location of such owner's property"; and

Further amend said bill, page and section, line 56, by striking "or lessee" and inserting in lieu thereof the words ", lessee or property or security manager"; and further on page 12, line 63, by striking "or lessee" and inserting in lieu thereof the words ", lessee or property or security manager"; and

Further amend said bill, page 15, section 304.158, line 65, by striking "A" and inserting in lieu thereof the following: "Except for the removal of abandoned property authorized by a law enforcement agency under section 304.157, a".

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

Senator Wiggins assumed the Chair.

Senator Goode offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 487, Page 10, Section 304.156, Line 166, by striking the word "the" as it appears the second time; and further amend lines 167 to 170, by striking all of said lines and inserting in lieu thereof the following: "such proceeds in excess of the costs and one hundred dollars shall be deposited with the state treasurer as unclaimed property pursuant to chapter 447, RSMo. The towing company shall include the last known address and any other identifying information about the owner and any lienholder who had an interest in the abandoned property at the time the towing company applied for title. The treasurer shall publish notice under section 447.541, RSMo, as required for other unclaimed property.".

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

Senator Johnson announced that photographers from the Riverfront Times had been given permission to take pictures in the Senate Chamber today.

Senator Clay offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 487, Page 16, Section 304.158, Line 90, by inserting after all of said line the following:

"Section 1. 1. No person shall interfere with any investigation of an activity which the governing body of any city not within a county has declared by ordinance to be detrimental to the health, safety or welfare of the residents and therefore a public nuisance. As used in this section, "interfere" shall mean refusing entry or access onto private property by the code official or a designated representative of the code official who presents appropriate credentials and a proper search warrant, or obstructing or hampering such code official or representative.

2. Upon application by a city not within a county, upon a showing of probable cause and upon oath, a suitably restricted search warrant shall be issued by any municipal judge having jurisdiction to the chief of police, any police officer or sheriff in such city for the purpose of enabling the code official or designated representative to investigate and respond to such public nuisance activity."; and

Further amend the title and enacting clause accordingly.

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

Senator House offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Bill No. 487, Page 8, Section 304.156, Line 100, by inserting after the word "for" the following: "an original certificate of ownership if the vehicle is less than six years old, passes the Missouri safety and emissions inspections, if applicable, and obtains a vehicle examination certificate from the highway patrol as provided in Section 301.190, RSMo, or if the vehicle is six years old or older,"; and

Further amend said bill, page and section, line 116, by striking the period from said line and inserting in lieu thereof the following: ";

(5) A copy of the envelope or mailing container showing the address and postal markings indicating that the notice was "not fowardable" or "address unknown"; and

(6) A copy of a Missouri safety inspection certificate and emission inspection certificate, if applicable, and a copy of the vehicle examination certificate, if applicable.".

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

Senator Rohrbach offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Bill No. 487, Page 10, Section 304.156, Line 170, by adding immediately after said line the following:

"15. If abandoned property is insured, the insurer of property regards the property as a total loss and the insurer satisfies a claim by the owner for the property, then the insurer or certificate holder shall claim and remove the property from the storage facility or make arrangements to transfer the title, and such transfer of title subject to agreement shall be in complete satisfaction of all claims for towing and storage, to the towing company or storage facility. The insurer, certificate holder or the insured, if the insured's insurance policy does not cover towing and storage charges, shall pay all reasonable fees owed the towing company and storage facility. The property shall be claimed and removed or title transferred to the towing company or storage facility within thirty days of the date of the insurer paying a claim for the total loss of the property. An adjuster or other representative of the insurer investigating the condition of the property shall supply the towing company and storage facility with the name, address and phone number of the insurance company and of the insured and with a statement regarding which party is responsible for the payment of towing and storage charges under the insurance policy.".

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

Senator Flotron offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Bill No. 487, Page 11, Section 304.157, Line 44, by striking "ten" and inserting "five".

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

On motion of Senator Goode, SB 487, as amended, was declared perfected and ordered printed.

At the request of Senator Howard, SB 773 was placed on the Informal Calendar.

President Pro Tem McKenna assumed the Chair.

Senator Johnson moved that SB 596, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 596, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 596

An Act to amend chapter 578, RSMo, by adding thereto two new sections relating to animal neglect, with penalty provisions.

Was taken up.

Senator Johnson moved that SCS for SB 596 be adopted.

Senator Johnson offered SS for SCS for SB 596, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 596

An Act to amend chapter 578, RSMo, by adding thereto two new sections relating to the treatment of animals, with penalty provisions.

Senator Johnson moved that SS for SCS for SB 596 be adopted.

Senator Johnson offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 596, Page 2, Section 578.008, Line 23 of said page, by inserting after all of said line the following:

"578.009. 1. A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control, including, but not limited to, knowingly abandoning an animal in any place without making provisions for its adequate care [which results in substantial harm to the animal].

2. Animal neglect is a class C misdemeanor upon first conviction and for each offense, punishable by imprisonment or a fine not to exceed five hundred dollars, or both, and a class B misdemeanor punishable by imprisonment or a fine not to exceed one thousand dollars, or both upon the second and all subsequent convictions. All fines and penalties for a first conviction of animal neglect may be waived by the court provided that the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived."; and

Further amend the title and enacting clause accordingly.

Senator Johnson moved that the above amendment be adopted.

Senator Graves 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 Bill No. 596, Page 1, Section 578.009, Line 3, by deleting the word "an" on said line and inserting in lieu thereof the words "a companion".

Senator Graves moved that the above amendment be adopted.

At the request of Senator Johnson, SB 596, with SCS, SS for SCS, SA 1 and SA 1 to SA 1 (pending), was placed on the Informal Calendar.

RESOLUTIONS

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1296

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Penelope C. "Nappy" Hennessy, born in County Galway, Ireland, and a resident of Kansas City since 1928; and

WHEREAS, Mrs. Hennessy, married Joseph Hennessy in 1938, who preceded her in death in 1968. She was also preceded in death by a granddaughter, Janet Bax, in 1993; and

WHEREAS, Mrs. Hennessy, was a wife and homemaker, and had worked for a while at the Mission Hills Country Club; and

WHEREAS, Mrs. Hennessy was very active as a member of Guardian Angels Catholic Church and the Altar Society; and

WHEREAS, Mrs. Hennessy was an active member of the Ancient Order of Hibernians; and

WHEREAS, Mrs. Hennessy is survived by two daughters, Mary Pat Himmelberg and her husband, Charlie, of Lawrence, Kansas, and Elinor Bax and her husband, Tom, of Kansas City, six grandchildren and five great-grandchildren; and

WHEREAS, Mrs. Hennessy was most of all a devoted wife and mother in whose heart and love her family came first;

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate pause in their deliberations to salute the memory of Penelope C. "Nappy" Hennessy, express appreciation for her lifetime of good citizenship and extend to her family and many friends most sincere sympathy on her death; and

BE IT FURTHER RESOLVED, that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mrs. Mary Pat Himmelberg, Mrs. Elinor Bax and the Ancient Order of Hibernians.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1297

WHEREAS, the members of the Missouri Senate have been deeply pleased to learn that the Lyric Opera, premier artistic and musical theatrical group of Kansas City, is preparing to celebrate an historic and important anniversary; and

WHEREAS, the Kansas City Lyric Opera and its founder, distinguished and nationally renowned Artistic Director, Russell Patterson, are celebrating forty years of contributions to the great State of Missouri and the entire greater Kansas City metropolitan area; and

WHEREAS, as a significant and a fitting part of this celebration, the Lyric Opera has selected an opportunity also to honor and recognize the rich Native American Culture which has made monumental contributions to the great State of Missouri and to the United States of America; and

WHEREAS, this historic celebration is also organized to recognize the visionary talents of Henry Mollicone and Sheldon Harnick who together have crafted a Native American Opera, Coyote Tales, an epic and exciting work, which the Lyric Opera has selected to present as a World Premier, for the people of Greater Kansas City, in connection with the Fortieth Anniversary Celebration. Their presentation promises to be an exciting production and a delightful experience; and

WHEREAS, the significant operatic and anniversary celebration also offers a most appropriate opportunity to salute and express appreciation to the major sponsors of a world premier event, the AT&T Foundation, the Nations Bank, the Muriel McBrien Kauffman Foundation, the Hall Family Foundation, and the William T. Kemper Foundation, sponsoring groups and organizations whose interest and support have made this historic event possible and about to occur;

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate pause in their deliberations to salute the Lyric Opera of Kansas City and the Honorable Russell Patterson, on the occasion of their Fortieth Anniversary, congratulate Henry Mollicone and Sheldon Harnick and their associates on the occasion of their world premier of Coyote Tales, and express to the sponsoring groups, the Lyric Opera, and all concerned most sincere congratulations on this significant and historic occasion; and

BE IT FURTHER RESOLVED, that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Lyric Opera of Kansas City, Russell Patterson, Henry Mollicone, Sheldon Harnick, the AT&T Foundation, Nations Bank, The Muriel McBrien Kauffman Foundation, The Hall Family Foundation, The William T. Kemper Foundation and Mrs. Laura Estep Wilch.

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 SB 724, 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.

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 HCS for HB 1469, entitled:

An Act to repeal sections 168.021 and 168.071, RSMo 1994, relating to certificate of license to teach, 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 that the House has taken up and passed HCS for HBs 1273, 943 and 1217, entitled:

An Act to repeal sections 115.199, 115.369, 115.377, 115.381, 115.437, 115.646 and 115.647, RSMo 1994, and sections 105.492, 115.123, 115.125, 115.151, 115.155, 115.275, 115.277, 115.283, 115.387 and 115.395, RSMo Supp. 1997, relating to elections, and to enact in lieu thereof seventeen new sections 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.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HBs 1525, 1269 and 1430, entitled:

An Act to amend chapter 252, RSMo, relating to the department of conservation, by adding thereto 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 that the House has taken up and passed HB 1091, entitled:

An Act to repeal sections 84.480 and 84.510, RSMo 1994, relating to certain police officers, and to enact in lieu thereof two new sections for the sole purpose of providing increased compensation for Kansas City police officers.

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 HCS for HBs 1363 and 906, entitled:

An Act to repeal sections 174.620 and 175.021, RSMo 1994, and sections 172.035, 174.055 and 174.610, RSMo Supp. 1997, relating to certain institutions of higher education, and to enact in lieu thereof twelve 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 that the House has taken up and passed HJR 39, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39 of article III of the Constitution of Missouri, relating to gaming and adopting two new sections in lieu thereof relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

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 President Pro Tem McKenna.

THIRD READING OF SENATE BILLS

SB 793, introduced by Senator Childers, entitled:

An Act to repeal section 660.078, RSMo 1994, relating to the elderly home delivered meals trust fund, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Childers, SB 793 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Curls DePasco
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Klarich Lybyer Mathewson McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Staples
Westfall Wiggins Yeckel--27
NAYS--Senators--None
Absent--Senators
Banks Bentley Clay Ehlmann
Maxwell Singleton--6
Absent with leave--Senator Kinder--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 Howard moved that motion lay on the table, which motion prevailed.

SB 870, introduced by Senator Howard, entitled:

An Act to repeal section 630.170, RSMo Supp. 1997, relating to employment under the department of mental health, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Howard, SB 870 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Curls DePasco
Ehlmann Flotron Goode Graves
House Howard Jacob Johnson
Kenney Klarich Lybyer Mathewson
McKenna Mueller Quick Russell
Scott Sims Staples Westfall
Wiggins Yeckel--26
NAYS--Senators--None
Absent--Senators
Banks Bentley Clay Maxwell
Rohrbach Schneider Singleton--7
Absent with leave--Senator Kinder--1

The President Pro Tem declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Johnson moved that SB 596, with SCS, SS for SCS, SA 1 and SA 1 to SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 to SA 1 was again taken up.

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

SA 1, as amended, was again taken up.

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

Senator House offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 596, Page 1, Section A, Line 3, by inserting immediately after all of said line the following:

"575.010. The following definitions shall apply to chapters 575 and 576, RSMo:

(1) "Affidavit" means any written statement which is authorized or required by law to be made under oath, and which is sworn to before a person authorized to administer oaths;

(2) "Government" means any branch or agency of the government of this state or of any political subdivision thereof;

(3) "Judicial proceeding" means any official proceeding in court, or any proceeding authorized by or held under the supervision of a court;

(4) "Juror" means a grand or petit juror, including a person who has been drawn or summoned to attend as a prospective juror;

(5) "Jury" means a grand or petit jury, including any panel which has been drawn or summoned to attend as prospective jurors;

(6) "Official proceeding" means any cause, matter, or proceeding where the laws of this state require that evidence considered therein be under oath or affirmation;

(7) "Police animal" means a dog, horse or other animal used in law enforcement or a correctional facility, or by a municipal police department, fire department, search and rescue unit or agency, whether the animal is on duty or not on duty. The term shall include, but not be limited to, accelerant detection dogs, bomb detection dogs, narcotic detection dogs, search and rescue dogs and tracking animals;

[(7)] (8) "Public record" means any document which a public servant is required by law to keep;

[(8)] (9) "Testimony" means any oral statement under oath or affirmation;

[(9)] (10) "Victim" means any natural person against whom any crime is deemed to have been perpetrated or attempted;

[(10)] (11) "Witness" means any natural person:

(a) Having knowledge of the existence or nonexistence of facts relating to any crime; or

(b) Whose declaration under oath is received as evidence for any purpose; or

(c) Who has reported any crime to any peace officer or prosecutor; or

(d) Who has been served with a subpoena issued under the authority of any court of this state.

575.335. 1. A person commits the crime of killing a police animal when such person knowingly causes the death of a police animal when that animal is involved in a law enforcement investigation, apprehension, tracking, or search and rescue, or the animal is in the custody of or under the control of a law enforcement officer, department of corrections officer, municipal police department, fire department and a rescue unit or agency.

2. Killing a police animal is a class D felony.

575.337. 1. A person commits the crime of assault on a police animal when such person knowingly attempts to kill or knowingly causes or attempts to cause serious physical injury to a police animal when that animal is involved in law enforcement investigation, apprehension, tracking, or search, or the animal is in the custody of or under the control of a law enforcement officer, department of corrections officer, municipal police department, fire department or a rescue unit or agency.

2. Assault on a police animal is a class D felony."; and

Further amend the title and enacting clause accordingly.

Senator House moved that the above amendment be adopted.

Senator Schneider offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 596, Page 3, Section 575.335, Line 2, by inserting after the word: "when" the words "without good cause".

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

Senator Schneider offered SA 2 to SA 2, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 596, Page 3, Section 575.337, Line 10, by inserting after the word: "when" the words "without good cause".

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

SA 2, as amended, was again taken up.

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

Senator Graves offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 596, Page 1, Section 578.008, Line 8 of said page, by striking "class A" and inserting in lieu thereof "class B"; and further amend line 9 of said page, by striking "D felony" and inserting in lieu thereof "A misdemeanor"; and further amend lines 12-13 of said page, by striking all of said lines and inserting in lieu thereof the following: "is a class A misdemeanor on the first and for all subsequent convictions."; and

Further amend said bill and section, page 2, line 5 of said page, by striking the word "five" and inserting in lieu thereof the following: "one"; and further amend line 6 of said page, by striking the word "ten" and inserting in lieu thereof the following: "two"; and further amend line 9 of said page, by striking "C felony" and inserting in lieu thereof "A misdemeanor"; and

Further amend said bill, page 3, section 578.013, line 9 of said page, by striking "D felony" and inserting in lieu thereof "B misdemeanor"; and further amend line 14 of said page, by striking the word "five" and inserting in lieu thereof the following: "one"; and further amend line 15 of said page, by striking the word "ten" and inserting in lieu thereof the following: "two"; and further amend line 18 of said page, by striking "C felony" and inserting in lieu thereof "A misdemeanor".

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

Senator Childers offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 596, Page 4, Section 578.013, Line 1, by deleting the words "environmental damage to" and insert in lieu thereof the words "resulting organic debris affecting" on said line; and

Further amend section 578.008, Page 2, Line 17, by deleting the words: "environmental damage to" and inserting in lieu thereof the words: "resulting organic debris affecting".

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

Senator Graves offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 596, Page 1, Section 578.008, Line 1 of said section, by inserting immediately before said line the following:

"578.005. As used in sections 578.005 to 578.023, the following terms shall mean:

(1) "Adequate care", normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal;

(2) "Adequate control", to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property;

(3) "Animal", every living vertebrate except a human being;

(4) "Animal husbandry", normal or common practices including, but not limited to, vaccinations, de-horning, castration, herding, implanting, artificial insemination, and branding;

(5) "Animal shelter", a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not for profit organization devoted to the welfare, protection, and humane treatment of animals;

[(5)] (6) "Farm animal", an animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber;

[(6)] (7) "Harbor", to feed or shelter an animal at the same location for three or more consecutive days;

[(7)] (8) "Humane killing", the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173: 59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed;

[(8)] (9) "Owner", in addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal;

[(9)] (10) "Person", any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity;

[(10)] (11) "Pests", birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri."; and

Further amend the title and enacting clause accordingly.

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

Senator Johnson moved that SS for SCS for SB 596, as amended, be adopted, which motion prevailed.

On motion of Senator Johnson, SS for SCS for SB 596, as amended, was declared perfected and ordered printed.

Senator Howard moved that SB 773 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Bentley offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 773, Page 2, Section 197.317, Line 23, by inserting immediately after said line the following:

"197.324. 1. The provisions of section 197.317 shall not apply to a residential care facility I, residential care facility II, intermediate care facility or skilled nursing facility only where the department of social services has first determined that there presently exists a need for additional beds of that classification in such facility because the average aggregate occupancy over the last four consecutive calendar quarters of all licensed beds in the subject facility of the category proposed to be added equals or exceeds ninety percent, and the facility otherwise appears to qualify for a certificate of need.  Any facility that presents a need for additional beds pursuant to this section shall be allowed to expand its licensed bed capacity in the qualifying category by the greater of twenty-five percent of its then current licensed capacity in such category or thirty such beds, provided that no increase shall be greater than one hundred percent of its current licensed capacity in such category.

2. Notwithstanding the provisions of subsection 1 of this section, any facility qualified hereunder that receives a certificate of need for additional beds pursuant to this section shall not be allowed to apply for additional beds pursuant to the authority of this section for a period of twenty-four months from the date such certificate was issued, and, in any event, such facility shall be prohibited from transferring any beds of such licensed category for a period of five years.

3. Notwithstanding any other provision of this chapter to the contrary, any residential care facility I or residential care facility II, as defined in section 198.006, RSMo, may reallocate any portion of such facility's current licensed beds to any other facility within the same licensure category if both facilities are under the same licensure ownership and are located within five miles of each other."; and

Further amend the title and enacting clause accordingly.

Senator Bentley moved that the above amendment be adopted.

Senator Sims offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Bill No. 773, Page 1, Section A, Line 2, by inserting immediately after said line the following:

"197.315. 1. Any person who proposes to develop or offer a new institutional health service within the state [must] shall obtain a certificate of need from the committee prior to the time such services are offered.

2. Only those new institutional health services which are found by the committee to be needed shall be granted a certificate of need.  Only those new institutional health services which are granted certificates of need shall be offered or developed within the state.  No expenditures for new institutional health services in excess of the expenditure minimum shall be made by any person unless a certificate of need has been granted.

3. After October 1, 1980, no state agency charged by statute to license or certify health care facilities shall issue a license to or certify any such facility, or distinct part of such facility, that is developed without obtaining a certificate of need.

4. If any person proposes to develop any new institutional health care service without a certificate of need as required by sections 197.300 to 197.365, the committee shall notify the attorney general, and [he] the attorney general shall apply for an injunction or other appropriate legal action in any court of this state against that person.

5. After October 1, 1980, no agency of state government may appropriate or grant funds to or make payment of any funds to any person or health care facility which has not first obtained every certificate of need required [under] pursuant to sections 197.300 to 197.365.

6. A certificate of need shall be issued only for the premises and persons named in the application and is not transferable except by consent of the committee.

7. Project cost increases, due to changes in the project application as approved or due to project change orders, exceeding the initial estimate by more than ten percent shall not be incurred without consent of the committee.

8. Periodic reports to the committee shall be required of any applicant who has been granted a certificate of need until the project has been completed. The committee may order the forfeiture of the certificate of need upon failure of the applicant to file any such report.

9. A certificate of need shall be subject to forfeiture for failure to incur a capital expenditure on any approved project within six months after the date of the order.  The applicant may request an extension from the committee of not more than six additional months based upon substantial expenditure made.

10. Each application for a certificate of need [must] shall be accompanied by an application fee.  The time of filing commences with the receipt of the application and the application fee. The application fee is one thousand dollars, or one-tenth of one percent of the total cost of the proposed project, whichever is greater. All application fees shall be deposited in the state treasury. Because of the loss of federal funds, the general assembly will appropriate funds to the Missouri health facilities review committee.

11. Except as provided in subsection 19 of this section, in determining whether a certificate of need should be granted, no consideration shall be given to the facilities or equipment of any other health care facility located more than a fifteen-mile radius from the applying facility.

12. When a nursing facility shifts from a professional to a practical level of nursing care, it may return to the higher level of care if it meets the licensure requirements, without obtaining a certificate of need.

13. In no event shall a certificate of need be denied because the applicant refuses to provide abortion services or information.

14. A certificate of need shall not be required for the transfer of ownership of an existing and operational health facility in its entirety.

15. A certificate of need may be granted to a facility for an expansion, an addition of services, a new institutional service, or for a new hospital facility which provides for something less than that which was sought in the application.

16. The provisions of this section shall not apply to facilities operated by the state, and appropriation of funds to such facilities by the general assembly shall be deemed in compliance with this section, and such facilities shall be deemed to have received an appropriate certificate of need without payment of any fee or charge.

17. Notwithstanding other provisions of this section, a certificate of need may be issued after July 1, 1983, for an intermediate care facility operated exclusively for the mentally retarded.

18. To assure the safe, appropriate, and cost-effective transfer of new medical technology throughout the state, a certificate of need shall not be required for the purchase and operation of research equipment that is to be used in a clinical trial that has received written approval from a duly constituted institutional review board of an accredited school of medicine or osteopathy located in Missouri to establish its safety and efficacy and does not increase the bed complement of the institution in which the equipment is to be located.  After the clinical trial has been completed, a certificate of need must be obtained for continued use in such facility.

19. Notwithstanding the provisions of section 197.317 to the contrary, any facility, as defined in section 198.006, RSMo, which has an occupancy rate of less than ninety percent may transfer the ownership of any of its licensed beds to any other facility similarly licensed pursuant to chapter 198, RSMo. Such beds shall only be operated as they are currently licensed. Such transfers shall not require a certificate of need, review or approval, provided that:

(1) The transferring facility shall surrender to the department of social services its license for the number of beds transferred and upon receipt of the surrendered license, the department of social services shall issue a license for the same number of beds surrendered to the facility to which the beds were transferred; and

(2) Only a skilled nursing facility to which at least sixty beds are transferred may aggregate all transferred beds together with its currently licensed beds to obtain a replacement certificate of need for the entire facility pursuant to the provisions of sections 198.003 to 198.336, RSMo, and implementing regulations;

(3) Only a residential care facility I and II to which at least twenty beds are transferred may aggregate all transferred beds together with its currently licensed beds to obtain a replacement certificate of need for the entire facility pursuant to the provisions of sections 198.003 to 198.336, RSMo, and implementing regulations."; and

Further amend said bill, page 2, section 197.317, line 23, by inserting immediately after said line the following:

"197.324. 1. The provisions of section 197.317 shall not apply to a residential care facility I, residential care facility II, intermediate care facility or skilled nursing facility only where the department of social services has first determined that there presently exists a need for additional beds of that classification in such facility because the average aggregate occupancy over the last four consecutive calendar quarters of all licensed beds in the subject facility of the category proposed to be added equals or exceeds ninety percent, and the facility otherwise appears to qualify for a certificate of need.  Any facility that presents a need for additional beds pursuant to this section shall be allowed to expand its licensed bed capacity in the qualifying category up to twenty-five percent of its then current licensed capacity in such category.

2. Notwithstanding the provisions of subsection 1 of this section, any facility qualified hereunder that receives a certificate of need for additional beds pursuant to this section shall not be allowed to apply for additional beds pursuant to the authority of this section for a period of twenty-four months from the date such certificate was issued, and, in any event, such facility shall be prohibited from transferring any beds of such licensed category for a period of five years.

3. Notwithstanding any other provision of this chapter to the contrary, any residential care facility I or residential care facility II, as defined in section 198.066, RSMo, may reallocate any portion of such facility's current licensed beds to any other facility within the same licensure category if both facilities are under the same licensure ownership and are located within five miles of each other."; and

Further amend the title and enacting clause accordingly.

Senator Sims moved that the above substitute amendment be adopted.

Senator Johnson assumed the Chair.

Senator Howard requested a division of the question on SSA 1 for SA 1, asking that a vote be taken first on the portion of the amendment dealing with Section 197.315 and that a second vote be taken on the portion of the amendment dealing with Section 197.324, which request was granted.

Senator Schneider requested a further division of the question, asking that Section 197.324 be divided and that a separate vote be taken on subsection 3 of Section 197.324, which request was granted.

At the request of Senator Howard, SB 773, with SA 1 and SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

INTRODUCTIONS OF GUESTS

On behalf of Senator Wiggins, the President introduced to the Senate, Jim Sowders, Tom Walters, Tim Aylward, Mark Switzer, Tom Esselman and members of St. Elizabeth's Cub Scout Pack 150, Kansas City; and Kevin Walters, Max Hire, Jimmy Van Dyke, Mike Aylward, Kent Quatman, Robert Sowders, Cary Silverman, Thomas Staab, Matt Switzer, Brian McGannon, Ben Redler and Andrew Esselman were made honorary pages.

Senator Banks introduced to the Senate, Mrs. Jannett Reese, Mrs. Lashell McGee, Mr. Darryl King, Mr. James Hunt, and forty-seven students from Beaumont High School, St. Louis; and Kimberly Harris and Laveda Cage were made honorary pages.

Senator Bentley introduced to the Senate, Barbie Lyons and Cindy Gregston, Springfield.

Senator Kenney introduced to the Senate, Kim Perkins, Overland Park, Kansas.

Senator Quick introduced to the Senate, Marcella Williams and Pat Dixon, Clay County.

Senator Bentley introduced to the Senate, Jeff Gossman, Paul Nahon, Noah Lott, Rhonda Braker, Vanessa Dalmonte, Brett McHenry, Greg Ries and Ernie Wingert, Springfield; Mary Jane Deters and Jean Burkhart, Olivette; Al Wall, Dixon; and Charley Guay, Bill Debord and Denise Harness, St. Louis.

Senator Staples introduced to the Senate, Irwin Rudasill, Jim Proctor and Karen Kleinberg, St. Francois County.

Senator Ehlmann introduced to the Senate, Mr. Mark Bretana, Ms. Lori Latimer, Adam Kreienheder, Cary Afshar, Lynette Eastvold, Jennifer Arndt, Jessica Maupin, Kim Holzmann, George Bell, Julie Lloyd and Allison Bellins, Wentzville.

Senator Rohrbach introduced to the Senate, Mr. Bethel, Ms. Preston and members of the Blair Oaks High School Student Government Class, Wardsville; and Jarod Eiken, Dafny Otto, Ben Reinkemeyer and Paige Vandevelde were made honorary pages.

Senator Sims introduced to the Senate, forty eighth grade students from McKinley Classical Junior Academy, St. Louis; and Tiffany Jones, Colin Eads, Sam MacHaffie and Ben White were made honorary pages.

Senator Klarich introduced to the Senate, David Freitag, New Haven; Paul and Henry Alt, Pacific; and Ludwig Westhoelter, Washington.

Senator Staples introduced to the Senate, Shirley Dixon, Charlotte Godsy and Kathy Kennon, Van Buren.

Senator Scott introduced to the Senate, his daughter-in-law, Lisa Scott, and Vickie Swederska, St. Louis County.

Senator Flotron introduced to the Senate, Wendy Colbourne, Rhode Island; and Linda Getz, Maryland Heights.

Senator Klarich introduced to the Senate, Terence Wray Purley, London.

Senator Bentley introduced to the Senate, Bob and Cindy Kinnaley, and their children, Christopher, Katie and Kimberly, homeschoolers from Springfield; and Christopher was made an honorary page.

On behalf of Senator McKenna, the President introduced to the Senate, Larry Benton, and members of the Herculaneum School Library Club, Herculaneum.

Senator Klarich introduced to the Senate, Paul J. Schroeder, Union.

Senator Rohrbach introduced to the Senate, Paul Robinson, Jefferson City.



Senator Caskey introduced to the Senate, Patty Bancroft, Mitchell Mills and David Walker, Clinton.

On behalf of Senator Wiggins and himself, Senator Kenney introduced to the Senate, Jerry and Brian Reardon, Kansas City.

Senator Singleton introduced to the Senate, Ruth Connor, Neosho; and Bonnie and Phil Garvin, Joplin.

Senator Rohrbach introduced to the Senate, his wife, Beth, California.

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