Journal of the Senate

SECOND REGULAR SESSION


FORTY-FIRST DAY--TUESDAY, MARCH 24, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, we would rather be the ones who show the way than the ones who must ask the direction. We would rather be the light of the world than the ones who curse the darkness. We would rather be doers of the word and not just hearers. We pray to be used, to have the opportunity to make things better. Forgive us when we become content to be onlookers in the game of life. 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.

PRIVILEGED MOTIONS

Senator Lybyer moved that the Senate conferees on SCS for HCS for HB 1014, as amended, be allowed to exceed the differences on SA 2, which motion prevailed.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

THIRD READING OF SENATE BILLS

SB 733, introduced by Senator Johnson, entitled:

An Act to repeal sections 169.050, 169.054, 169.650, 169.655 and 169.670, RSMo Supp. 1997, and section 169.056 as enacted by senate bill no. 860, second regular session of the eighty-eighth general assembly, relating to teacher retirement, and to enact in lieu thereof five new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Johnson, SB 733 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 841, introduced by Senator Caskey, entitled:

An Act to repeal section 50.1110, RSMo Supp. 1997, relating to certain county retirement systems, 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 Caskey, SB 841 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Russell Schneider Scott Sims
Singleton Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senator Rohrbach--1

The President Pro Tem declared the bill passed.

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

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

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

SB 844, with SCA 1, introduced by Senator Klarich, entitled:

An Act to repeal sections 347.030, 347.153, 351.375 and 359.041, RSMo 1994, and section 358.470, RSMo Supp. 1997, relating to registration of certain business entities, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

Senator Klarich requested unanimous consent to change the word "deliver" to "delivery", which was granted.

Senator Klarich moved that SCA 1 be adopted, which motion prevailed.

On motion of Senator Klarich, SB 844, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Rohrbach--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Staples assumed the Chair.

SB 631, with SCA 1, introduced by Senator Bentley, entitled:

An Act to amend chapter 109, RSMo, by adding thereto one new section relating to public records.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Bentley, SB 631, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 894, introduced by Senator Sims, entitled:

An Act to amend chapter 327, RSMo, by adding thereto one new section relating to the practice of architecture.

Was called from the Consent Calendar and taken up.

On motion of Senator Sims, SB 894 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
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 Quick moved that motion lay on the table, which motion prevailed.

SENATE BILLS FOR PERFECTION

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

Senator Wiggins assumed the Chair.

SCS for SBs 541 and 822, as amended, was again taken up.

Senator Mueller offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 2, Section 307.366, Line 44, by inserting immediately after said line the following:

"(8) Any motor vehicle sold or transferred that at the time of such sale or transfer, has any unexpired official form, sticker or other device to evidence that such motor vehicle's emissions control system was inspected and approved.".

Senator Mueller moved that the above amendment be adopted.

Senator Goode offered SA 1 to SA 9:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 9

Amend Senate Amendment No. 9 to Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 1, Line 6 of said amendment, by inserting immediately after "approved" the following: "; provided that for any vehicle exempted pursuant to this subdivision, the purchaser may return the vehicle if the vehicle fails, upon the next required inspection, to meet the emissions standards specified by the commission and the seller shall have the vehicle inspected and approved without the option for a waiver of the emissions standard and return the vehicle to the purchaser with a valid emissions certificate and sticker within five working days, and provided that the seller of any vehicle exempted pursuant to this subdivision shall disclose conspicuously on the sales contract and bill of sale that the purchaser has the option to return the vehicle if the vehicle fails, upon the next required inspection, to meet the emissions standards specified by the commission and to have the seller repair the vehicle and provide an emissions certificate and sticker within five working days or enter into any mutually acceptable agreement with the seller".

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

SA 9, as amended, was again taken up.

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

Senator Flotron offered SA 10:

SENATE AMENDMENT NO. 10

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

"416.605. As used in sections 416.600 to 416.640, the following words and phrases mean:

(1) "Affiliate", any person who, other than by means of franchise, is controlled by, or is under common control with, any other person, whether through stock ownership or otherwise;

(2) "Cost", is the sum of:

(a) a. If the motor fuel is not purchased from an affiliate, the lowest invoice cost that the seller charged to the purchaser for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser, less trade discounts, allowances or rebates which the purchaser receives on the particular invoice or transfer; or

b. If motor fuel is purchased or received from an affiliate, the lowest transfer price that the affiliate charged to the purchaser or receiver for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser or receiver, less trade discounts, allowances, or rebates which the purchaser receives on the particular invoice or transfer; plus

(b) The cost of doing business; plus

(c) Freight charges and all applicable federal, state and local taxes not already included in the invoice cost or transfer price;

(3) "Cost of doing business", all costs incurred in the operation of the business for fair market rental value, licenses, taxes, utilities, insurance and nonmanagerial labor;

(4) "Motor fuel", gasoline, including reformulated gasoline, diesel fuel, gasohol and all other fuels of a type designated for use as a motor fuel in self-propelled vehicles designated primarily for use on public streets, roads and highways;

(5) "Person", any individual, firm, partnership, corporation, association or other entity;

(6) "Retailer", any person engaged in the sale of motor fuel to the public at retail;

(7) "Retail sale", any sale of motor fuel to the public for consumption;

(8) "Sale", any transfer, gift, sale, offer for sale, or advertisement for sale in any manner or by any means, including any transfer of motor fuel by a person to himself or his affiliate;

(9) "Sell", any act of making a sale or offer for sale;

(10) "Transfer price", the price used by a person in transferring motor fuel to itself or an affiliate for resale at another marketing level."; and

Further amend the title and enacting clause accordingly.

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

Senator Flotron offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 16, Section 643.210, Line 3, by adding after said line the following:

"Section 1. The governor, the department of natural resources, and the commission shall work to ensure an orderly transition period in the nonattainment area for the introduction of reformulated gasoline. Priority shall be given to ensure the petroleum manufacturers ample time to organize, structure, and implement both the production and the delivery of reformulated gasoline to the nonattainment area, so that consumers will see an orderly, seamless market substitution."; and

Further amend the title and enacting clause accordingly.

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

Senator Banks offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 9, Section 643.310, Line 139, by inserting after the word "facility" the following: ", and such facilities may include any or all testing components allowed pursuant to section 307.366, RSMo, or sections 643.300 to 643.355 and inspection and approval at any such facility shall constitute inspection and approval pursuant to sections 643.300 to 643.355".

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

Senator Flotron offered SA 13, which was read:

SENATE AMENDMENT NO. 13

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 said section and page, by removing the closing bracket "]" on line 39 of said section.

Senator Flotron moved that the above amendment be adopted.

At the request of Senator Flotron, SA 13 was withdrawn.

The President announced that photographers from the Senate had been given permission to take pictures in the Senate Chamber today.

Senator Klarich offered SA 14:

SENATE AMENDMENT NO. 14

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 16, Line 46, by inserting immediately after said line:

"9. There shall be an agricultural exemption from the implementation of reformulated gasoline (RFG) where a distributor has a bulk plant located in the non-attainment area and services agricultural businesses outside said non-attainment area subject to reformulated gasoline.".

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

Senator McKenna offered SA 15:

SENATE AMENDMENT NO. 15

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 2, Section 307.366, Line 38, by striking the words "succeeding registration which is" and inserting in lieu thereof the words "two succeeding [registration] registrations which [is] are".

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

Senator Flotron offered SA 16:

SENATE AMENDMENT NO. 16

Amend Senate Committee Substitute for Senate Bills Nos. 541 and 822, Page 11, Section 643.315, Line 69, by striking the word "without" and inserting in lieu thereof the following: "with"; and

Further amend said bill, page 13, section 643.335, line 20, by inserting immediately after the word "done" the following: "; or

(3) An estimate signed by a repair technician certified by the commission that the costs for repair work exceed the waiver amounts as prescribed in this section;

(4) In the event a vehicle is certified pursuant to subdivision (3) of this subsection, the owner of said vehicle shall be eligible to pay into the "Polluting Automobile Retirement Credit Fund", hereinafter referred to as "parc", which is established in the state treasury, the waiver amounts established in this section and the vehicle shall receive a waiver from the commission as established herein. All monies going into the parc fund shall be used by the commission and the department for the voluntary retirement of high volume polluting vehicles. The fund shall be eligible to accept donations by private sources, with the amount of said contributions being eligible for receipt of credits as established as follows."; and

Further amend said bill, page 16, section 643.210, line 3, by inserting immediately after said line the following:

"Section 1. 1. The legislature hereby finds and declares as follows:

(1) Emission reduction programs based on market principles have the potential to provide equivalent or superior environmental benefits when compared to existing controls at a lower cost to the citizens of Missouri than traditional emission control requirements;

(2) Studies have demonstrated that a small percentage of vehicles contribute disproportionately to the on-road emissions inventory. Programs to reduce or eliminate these excess emissions can significantly contribute to the attainment of the state's air quality goals;

(3) Programs to accelerate vehicle turnover can enhance the effectiveness of the state's new motor vehicle standards by bringing more low-emission vehicles into the on-road fleet earlier;

(4) A program for achieving those and more emission reductions should be based on the following principles:

(a) The first two years should include a thorough assessment of the costs and short-term and long-term emission reduction benefits of the program, compared with other emission reduction programs for vehicles, which shall be reflected in a report and recommendations by the commission to the governor and the legislature on strategies and funding needs for meeting the emission reduction requirements of the State implementation plan for the years 1999 to 2010, inclusive;

(b) The program should first contribute to the achievement of the emission reductions required by the inspection and maintenance program and the State implementation plan, and should permit the use of mobile source emission reduction credits for other purposes currently authorized by the commission. Remaining credits may be used to achieve other emission reductions, including those required by the State implementation plan, in a manner consistent with market-based strategies. Emission credits shall not be used to offset emission standards or other requirements for new vehicles, except as authorized by the commission;

(c) Participation by the vehicle owner shall be entirely voluntary and the program design should be sensitive to the concerns of car collectors and to consumers for whom older vehicles provide affordable transportation;

(d) The program design shall provide for real, surplus and quantifiable emission reductions, based on an evaluation of the purchased vehicles, taking into account factors that include per-mile emissions, annual miles driven, remaining useful life of retired vehicles and emissions of the typical or average replacement vehicle, as determined by the commission. The program shall ensure that there is no double counting of emission credits among the various vehicle removal programs;

(e) The program should specify the emission reductions required and then utilize the market to ensure that these reductions are obtained at the lowest cost;

(f) The program should be privately operated to the greatest degree feasible. It should utilize the experience and expertise gained from past and currently operating programs in the various states. Existing entities and programs in other states shall be fully utilized for purposes of implementing this section;

(g) The program should be designed insofar as possible to eliminate any benefit to any participants from vehicle tampering and other forms of cheating. To the extent that tampering and other forms of cheating might be advantageous, the program design shall include provisions for monitoring the occurrence of tampering and other forms of cheating;

(h) Emission credits should be expressed in pounds or other units, and their value should be set by the marketplace. Any contract between a public entity and a private party for the purchase of emission credits should be based on a price per pound which reflects the market value of the credit at its time of purchase.

2. Not later than December 31, 1998, the commission shall adopt, by regulation, a statewide program entitled "The Polluting Automobile Retirement Credit Program", which shall be known as "Parc", to commence in 1999, that does all of the following:

(1) Provides for the creation, exchange, use and retirement of vehicle mobile source emission reduction credits. The credits shall be fungible and exchangeable in the marketplace, and shall reflect the actual emissions of the vehicles that are retired or otherwise disposed of, by measurement, appropriate sampling, or correlations developed from appropriate sampling. The numerical value of credits may be constant over a defined lifetime, or may decline with age measured from the time of origination of the credits. In all cases, the numerical value of the credits shall reflect the useful life expectancies and the projected in-use emissions of the retired vehicles in a manner consistent with the assumptions used in determining the emissions inventory. The credits shall be fully recognized by the United States Environmental Protection Agency and the commission;

(2) Sets out the criteria for retiring or otherwise disposing of high-emitting vehicles purchased for this program;

(3) Authorizes the issuance of those credits to private entities that purchase or contribute towards the retirement of high-emitting vehicles;

(4) Authorizes the resale of those credits to public or private entities to be used to achieve the emission reduction requirements of the state implementation plan, meet the requirements of the inspection and maintenance program, satisfy compliance with other emission reduction mandates, as determined by the commission and the general assembly, create local growth allowances, or satisfy new or modified source emission offset requirements;

(5) Provides for the retirement of those credits when used;

(6) Includes accounting procedures to credit emissions reductions achieved through vehicle scrappage to the state implementation plan and the inspection and maintenance program.

3. (1) The commission, the department of natural resources, and the general assembly shall harmonize the requirements and implementation of this program with the motor vehicle inspection program and other programs as provided by or authorized under the revised statutes of Missouri.

(2) Insofar as practicable, these programs shall be seamless to the participants and the public.

4. Notwithstanding any other provision of law, the program shall also do all of the following:

(1) Enable the resale of impounded vehicles into the retirement program, consistent with the acceptance criteria of this program;

(2) Authorize the department of revenue, at the request of persons engaged in the purchase and retirement of vehicles under the program, to send notices to vehicle owners who are candidates for the sale of vehicles under the program describing the opportunity to participate in the program;

(3) Allow the issuance of nonrevivable junk certificates for vehicles retired under the program, which shall allow program vehicles to be scrapped only for parts, except as provided by law.

5. (1) Any regulations adopted pursuant to chapter 536, RSMo, shall include a plan to guide the execution of the first two years of the program, to assess the results, and to formulate recommendations. Any emission credits assigned to vehicles shall be adjusted as necessary to ensure that those credits are consistent with and reflect the amount of mobile source pollution produced by the vehicle in question. The plan shall include a baseline study, for the geographical area or areas representative of those to be targeted by this program, of the current population of vehicles by model year and market value and the current turnover rate of vehicles, and other factors that may be essential to assessing program effectiveness, cost-effectiveness and market impacts of the program.

(2) At the end of each of the two calendar years after the adoption of the program plan, the commission, in consultation with the department, shall adopt and publish a progress report evaluating each year of the program. These reports shall address, at a minimum, the following topics:

(a) The number of vehicles scrapped or repaired by model year;

(b) The measured emissions of the scrapped or repaired vehicles tested during the report period, using suitable inspection and maintenance test procedures;

(c) Costs of the vehicles in terms of amounts paid to sellers, the costs of repair and the cost-effectiveness of scrappage and repair expressed in dollars per ton of emissions reduced;

(d) Administrative and testing costs for the program;

(e) Assessments of the replacement vehicles or replacement travel by model year or emission levels, as determined from interviews, questionnaires, diaries, analyses of vehicle registrations in the study region or other methods as appropriate;

(f) Assessments of the net emission benefits of scrapping in the year reported, considering the scrapped vehicles, the replacement vehicles, the effectiveness of repair and other effects of the program on the mix of vehicles and use of vehicles in the geographical area of the program, including in-migration of other vehicles into the area and any tendencies to increased market value of used vehicles and prolonged useful life of existing vehicles, if any;

(g) The report shall evaluate the overall performance of the program, including its cost-effectiveness in terms of dollars per ton of credited or reduced emissions, description of the methods and procedures to assure that the emission reductions are real, surplus and quantifiable, the extent of the market for eligible vehicles, a recommendation for an appropriate allocation of expenditures between removal or repair of vehicles that reflects the relative cost-effectiveness of the options, and any other recommendation for improving the effectiveness of these programs.

6. The commission shall develop standards for the certification and use of emission reduction credits to ensure that the credits are real, surplus and quantifiable after accounting for program uncertainties. Emission reductions achieved from eligible vehicles shall be quantified as follows:

(1) Vehicle emissions shall be based on either direct testing, statistical sampling or emission modeling methods. Sampling of a statistically significant portion of the vehicles may be used to estimate emission benefits or to develop and validate correlations for use in estimating emission benefits;

(2) A reasonably reliable mechanism shall be applied to estimate vehicle miles traveled and the remaining useful life of each purchased vehicle. The odometer reading shall be matched on each purchased vehicle with the records of the department of revenue to verify driving history, or statistical data shall be used to estimate vehicle use;

(3) An annual survey shall be performed of a statistically meaningful number of participants to determine replacement vehicle and post-participation behavior and also to determine the extent, if any, of in-migration of low-cost vehicles due to price increases in the scrapping market area resulting from the program."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

President Pro Tem McKenna assumed the Chair.

Senator Goode requested that SA 16 be divided; asking that a vote first be taken on the portion of the amendment dealing with pages 11 and 13 of the bill and that a second vote be taken on the portion of the amendment dealing with page 16, which request was granted.

Senator Flotron moved that Part 1 of SA 16 be adopted, which motion failed.

Senator Flotron moved that Part 2 of SA 16 be adopted, which motion failed.

Senator Goode moved that SCS for SBs 541 and 822, as amended, be adopted, which motion prevailed.

On motion of Senator Goode, SCS for SBs 541 and 822, as amended, was declared perfected and ordered printed.

BILL REFERRALS

President Pro Tem McKenna referred SB 922, with SCS, to the Committee on State Budget Control.

RESOLUTIONS

Senator DePasco offered Senate Resolution No. 1419, regarding Dennis Dawayne Perdue, Kansas City, which was adopted.

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 888, introduced by Senator Wiggins, entitled:

An Act to repeal section 144.014, RSMo Supp. 1997, relating to the sales tax rate on certain items, 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 Wiggins, SB 888 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Flotron Goode Graves Howard
Johnson Kenney Kinder Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Sims
Singleton Staples Westfall Wiggins--24
NAYS--Senators--None
Absent--Senators
Bentley Curls DePasco Ehlmann
House Jacob Klarich Schneider
Scott Yeckel--10
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

SB 861, with SCA 1, introduced by Senator Johnson, entitled:

An Act to repeal section 238.240, RSMo Supp. 1997, relating to transportation development districts, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Johnson, SB 861, as amended, 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 Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Curls--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

SB 908, introduced by Senator Flotron, entitled:

An Act to amend chapter 536, RSMo, by adding thereto one new section relating to remedies for hardship caused by new or changed interpretations of law by executive branch administrative agencies.

Was called from the Consent Calendar and taken up.

On motion of Senator Flotron, SB 908 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Clay Schneider Staples--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

SB 746, introduced by Senator Wiggins, entitled:

An Act to repeal section 143.751, RSMo 1994, relating to taxation, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Wiggins, SB 746 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
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--33
NAYS--Senators--None
Absent--Senator Clay--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

SB 925, introduced by Senator Scott, entitled:

An Act to repeal section 87.371, RSMo Supp. 1997, relating to the firefighter's retirement system of the City of St. Louis, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was called from the Consent Calendar and taken up.

On motion of Senator Scott, SB 925 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Singleton--1
Absent with leave--Senators--None

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

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

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

SENATE BILLS FOR PERFECTION

Senator Maxwell moved that SJR 24, with SCS, be taken up for perfection, which motion prevailed.

SCS for SJR 24, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION NO. 24

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 37(e) of article III of the Constitution of Missouri relating to powers of the legislature by adding thereto three new sections relating to the issuance of bonds for water pollution and stormwater control.

Was taken up.

Senator Maxwell moved that SCS for SJR 24 be adopted.

Senator Quick offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Joint Resolution No. 24, Page 8, Section 37(h), Line 82, by striking the word "may" and inserting in lieu thereof the word "shall"; and

Further amend said bill, Page 8, Section 37(h), Line 90, by striking the word "may" and inserting in lieu thereof the word "shall".

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

Senator Maxwell moved that SCS for SJR 24 be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for SJR 24 was declared perfected and ordered printed.

Senator Goode moved that SB 620, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

Senator Goode offered SS for SB 620, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 620

An Act to amend chapter 8, RSMo, by adding thereto eleven new sections relating to the procurement of services for state construction projects, with a termination date.

Senator Goode moved that SS for SB 620 be adopted.

Senator Jacob offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 620, Page 10, at the end by adding one new section as follows:

"327.395. 1. Any person or corporation that enters into a design/build contract for public or private construction shall be exempt from the requirement that such person be licensed or such corporation be authorized by the board as long as the architectural, engineering or land surveying services to be performed under the contract are performed by persons who are duly licensed in this state and who are not employees of the design/build contractor, or provided such services are performed by corporations that hold current certificates of authority from the board for the appropriate profession.

2. Any design/build contractor who performs the design work itself, or who practices architecture, professional engineering or professional land surveying through his, her or its own employees, or who contracts to do so, must hold a current license or certificate of authority from the board for the professions so practiced.

3. Nothing in this chapter shall prohibit the enforcement of a design/build contract by an unlicensed or unauthorized person or entity who merely furnishes, but does not itself, or through its employees, perform the architectural, engineering or surveying required by the contract and who does not hold itself out as able to perform such services."; and

Further amend the title and enacting clause accordingly.

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

Senator Childers offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 620, Page 5, Section 8.887, Line 23, by inserting after the word "requirements" on said line the words: "including any available ratings".

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

Senator Wiggins assumed the Chair.

Senator Schneider offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Bill No. 620, Page 4, Section 8.881, Line 2, by inserting at the end of said line the following:

"Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, 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.".

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

Senator Goode moved that SS for SB 620, as amended, be adopted, which motion prevailed.

On motion of Senator Goode, SS for SB 620, as amended, was declared perfected and ordered printed.

Senator House moved that SB 781, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 781, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 781

An Act to repeal sections 160.538, 162.081 and 168.221, RSMo 1994, and sections 163.011 and 166.275, RSMo Supp. 1997, relating to education, and to enact in lieu thereof seventeen new sections relating to the same subject.

Was taken up.

Senator House moved that SCS for SB 781 be adopted.

President Pro Tem McKenna assumed the Chair.

Senator Caskey offered SS for SCS for SB 781, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 781

An Act to repeal sections 162.081, 162.571, 162.581, 162.601, 162.621 and 168.221, RSMo 1994, and sections 163.011 and 163.031, RSMo Supp. 1997, relating to education, and to enact in lieu thereof fourteen new sections relating to the same subject with a contingent effective date for certain sections.

Senator Caskey moved that SS for SCS for SB 781 be adopted.

At the request of Senator House, SB 781, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

Senator Curls moved that SB 800 be taken up for perfection, which motion prevailed.

On motion of Senator Curls, SB 800 was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

SB 940, introduced by Senator Maxwell, entitled:

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.

Was called from the Consent Calendar and taken up.

On motion of Senator Maxwell, SB 940 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 941, introduced by Senator Banks, entitled:

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

Was called from the Consent Calendar and taken up.

On motion of Senator Banks, SB 941 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 900, introduced by Senators Schneider and Howard, entitled:

An Act to repeal sections 536.017 and 536.024, RSMo Supp. 1997, relating to administrative rules, and to enact in lieu thereof two new sections relating to the same subject.

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

On motion of Senator Schneider, SB 900 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 961, introduced by Senator Howard, entitled:

An Act to repeal section 210.109, RSMo Supp. 1997, relating to the child protection system established by the division of family services, 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 961 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senators--None

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

SB 963, with SCA 1, introduced by Senator Flotron, entitled:

An Act to repeal section 197.313, RSMo Supp. 1997, relating to care facility licensure, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

Senator Mathewson assumed the Chair.

On motion of Senator Flotron, SB 963, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SB 928, introduced by Senators House and Ehlmann, entitled:

An Act to authorize the conveyance of state property to the city of St. Peters.

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

On motion of Senator House, SB 928 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Clay McKenna Staples--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 884, introduced by Senator Rohrbach, entitled:

An Act to repeal section 175.020, RSMo 1994, relating to the student curator to the board of curators of Lincoln University, 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 Rohrbach, SB 884 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Clay McKenna Staples--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House conferees on SCS for HCS for HB 1014, as amended, are allowed to exceed the differences on Section 14.045 to insert clarifying language in that section.

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 SB 754, 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.

RESOLUTIONS

Senator Quick offered Senate Resolution No. 1420, regarding the Excelsior Springs Job Corps Center, which was adopted.

Senator Quick offered Senate Resolution No. 1421, regarding Thomas H. Van Hoozer, III, Kansas City, which was adopted.

COMMUNICATIONS

Senator Caskey submitted the following:

TO: Members of the Individual Caucuses

FROM: Harold L. Caskey

Chairman, Ethics Committee

DATE: March 23, 1998

RE: Caucus Membership

The Ethics Committee, after due consideration, recognizes the following caucuses: St. Louis Metro Caucus, St. Louis Metro Democratic Caucus, St. Louis Metro Republican Caucus, St. Louis City Caucus, St. Louis County Caucus, St. Louis County Democratic Caucus, St. Louis County Republican Caucus, Kansas City Caucus, Jackson County Democratic Caucus, Urban Caucus, Rural Caucus, Attorney Caucus and Womens Caucus. Members of the Senate whose districts are contained within the above city or county or who are attorneys or women may withdraw from any caucus listed above by giving notice to me as chairman of the Committee on Ethics.

/s/ Harold L. Caskey /s/ John Scott

Chair Vice-Chair

/s/ Ed Quick /s/ John D. Schneider

/s/ Harry Wiggins /s/ Franc Flotron

/s/ John T. Russell Marvin Singleton

/s/ Morris Westfall

INTRODUCTIONS OF GUESTS

Senator Wiggins introduced to the Senate, Lana Krause and her children, Grace Anne, Samuel Wilks and Margaret Jean, Kansas City; and Lisa Mattie and her son Michael Peter, Columbia; and the children were made honorary pages.

Senator Childers introduced to the Senate, Peggy Emerson, Kylie Oaks and Melissa Soper, Reeds Spring.

Senator Caskey introduced to the Senate, Joni Shelton and Diane Hudson, Centerview; and Cliff Head, Centralia.

Senator Kinder introduced to the Senate, Jennifer Nolen and Autumn Gilmore, Chaffee.

Senator Graves introduced to the Senate, Tamra Clark and Mary Jones, Chillicothe.

Senator Jacob introduced to the Senate, Laurannah J. Haynes, Huntsville.

Senator Johnson introduced to the Senate, Donna Kothe, King City; Nancy Potter, Bolckow; and April Sonnet, Fillmore.

Senator Clay introduced to the Senate, Harold Brewster and Lois Jean Turner, St. Louis.

Senator Quick introduced to the Senate, Cathy Burks, Bernie Rhodes, Harlan Hassen, Bob Burks, Bunny Stanton, Terri Messina and members of Girl Scout Troop 320, Liberty; and Lisa Burks, Kelsey Graber, Chelsea Rhodes, Danielle Messina, Michelle Waters, Mary Quinn, Laryssa Stanton, Lauren Grampp, Lauren Perren, Abby Scott and Katie Hassen were made honorary pages.

Senator Westfall introduced to the Senate, Whitney Scott and Renee Meents, Lockwood.

Senator Ehlmann introduced to the Senate, Jeff Marton, Kim Carter and Ron Helms, St. Charles County.

Senator Howard introduced to the Senate, Leasa Kowalski, Portageville; Ross McFerron and Donna Brown, Advance; Bridget Wiseman and Regina Rainen, Zalma; and Katie McGuire, Campbell.

Senator Graves introduced to the Senate, Gayla Spencer and fourth grade students from Brookfield.

Senator Childers introduced to the Senate, Mrs. Becky Head, Mrs. Myra McGee, Rachel McGee and Bruce Burnett, Purdy and Monett.

On behalf of Senator Staples, the President introduced to the Senate, John Mark Brewer, Suzanne Childress, and Linda Gers, Eminence.

Senator Singleton introduced to the Senate, Joshua Trout and Julia Holloway, McDonald County.

On behalf of Senator Wiggins and himself, Senator Kenney introduced to the Senate, Nancy Bruns and twenty members of the Raytown Chamber of Commerce.

Senator Maxwell introduced to the Senate, Lynette Stewart, Vandalia.

Senator Staples introduced to the Senate, Roger Koontz and fourth grade students from Alton Elementary School.

On behalf of Senator Bentley and himself, Senator Singleton introduced to the Senate, Melinda and Jennifer Burton, Joplin; and Brennan, Courtny and Morgan Becker and Emily L Maples, Springfield.

Senator Russell introduced to the Senate, Carolyn and Josh Thompson, and Girl Scouts from Marshfield; and Heather Caldwell, Nicki Thompson, Josh Thompson, Stacy Replogle and Becky Tackett were made honorary pages.

Senator Graves introduced to the Senate, Cherie Thomas, Amanda Salmond, Thomas Lindsay, Emily Salmond, Brett Wennihan and Melody Riggins, Tarkio.

On behalf of Senator Caskey, the President introduced to the Senate, Ede Coleman, Karmann Nelson, Donna Mitsdarffer, Georgia Olsen, Ina Northcraft, Joan Filterling, Evelyn Bodenhamer, Catherine Shumate, Vivian Turnbow, Betty Smith and Mary Ann Dillingham, Warrensburg.

Senator Rohrbach introduced to the Senate, Tanner Bechtel, Joe Litwiller, Mary Howell and Steven Cowen, Boonville.

Senator Schneider introduced to the Senate, students from St. Angela Merici School, St. Louis; and Kyle Goepel, Tricia Happe, Matt Lundberg and Stephanie Hoffman were made honorary pages.

Senator Kinder introduced to the Senate, thirty-

four seventh and eighth grade students from Altenburg Public School, Altenburg; and Jacob Bachmann, Jonathan Lorenz, Jon Miesner and John Steffens were made honorary pages.

Senator Graves introduced to the Senate, twenty parents and students from Mennonite School, Jamesport.

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