Journal of the Senate

SECOND REGULAR SESSION


FIFTY-SECOND DAY--TUESDAY, APRIL 14, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, the flowers were blooming today, the trees were getting a pretty green color and I could see them. There was some good news on the radio and someone kindly said hello and I could hear them. We observed Easter on Sunday and experienced the presence of the living God. We give thanks for more blessings than we can number. Amen.

The Pledge of Allegiance to the Flag was recited.

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

Senator Quick moved that the Journal for Thursday, April 9, 1998, be corrected on page 598, column 1, line 23, by deleting the numeral "1" and inserting in lieu thereof the numeral "2", which motion prevailed.

The Journal for Thursday, April 9, 1998, was read and approved, as corrected.

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

RESOLUTIONS

Senator Wiggins offered Senate Resolution No. 1572, regarding the death of Dr. Dominic Frank Tutera, which was adopted.

Senator Mathewson offered Senate Resolution No. 1573, regarding the Fiftieth Anniversary of the Marshall Chamber of Commerce, which was adopted.

Senator Mathewson offered Senate Resolution No. 1574, regarding the Seventy-fifth Anniversary of the Richmond Kiwanis Club, which was adopted.

Senator Mathewson offered Senate Resolution No. 1575, regarding the Seventy-ninth Anniversary of the Higginsville American Legion Post, which was adopted.

Senator Flotron offered Senate Resolution No. 1576, regarding Lauri Leadford, St. Louis, which was adopted.

Senator Staples offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1577

WHEREAS, there is no moment of greater sorrow than when the members of the Missouri Senate pause to honor the memory of a young citizen who perished while striving to save the lives of others; and

WHEREAS, nine-year-old Brittany Berger recently lost her life as a result of her valiant efforts to rescue her six-year-old sister and her two-year-old brother from a fire that erupted at the family home in Park Hills; and

WHEREAS, Brittany Berger gave her life on that tragic day when fire engulfed her home and threatened the safety of the dear ones who had meant so very much to her; and

WHEREAS, a true hero at the tender age of nine, Brittany Berger managed to save her sister, Katie, by dropping her out a second-floor bedroom window six feet above the ground; and

WHEREAS, assured of her sister's safety, Brittany Berger sought to rescue her little brother, David Noll, II, who certainly was not able to help himself; and

WHEREAS, in the course of her subsequent rescue attempt, Brittany Berger was overcome by smoke and collapsed in a back bedroom on the second floor of the house, where she and David had been found; and

WHEREAS, although young David suffered smoke inhalation, he survived the traumatic ordeal which claimed the life of his heroic sister, Brittany; and

WHEREAS, this legislative body continues to marvel at the bravery displayed by young Brittany Berger in her desperate attempt to save her two younger siblings:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join unanimously in reflecting upon the selfless, courageous acts of young Brittany Berger who made the supreme sacrifice out of love for her sister and brother and in extending our most heartfelt condolences to her family whose gratitude for Brittany's valor will always be bittersweet; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the loved ones of young Brittany Berger.

Senator Scott assumed the Chair.

Senator Yeckel offered Senate Resolution No. 1578, regarding Andrew William Rhodes, Crestwood, which was adopted.

Senator Russell offered Senate Resolution No. 1579, regarding the Marshfield High School Lady Blue Jays Basketball Team, which was adopted.

Senator Kenney offered Senate Resolution No. 1580, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Paul Rust, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 1581, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill Bilyeu, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 1582, regarding Robert Dale "Bobby" Yocklin, Kansas City, which was adopted.

Senator Kenney offered Senate Resolution No. 1583, regarding Jesse Card, Kansas City, which was adopted.

HOUSE BILLS ON SECOND READING

The following Bills were read the 2nd time and referred to the Committees indicated:

HS for HCS for HB 971--Civil and Criminal Jurisprudence.

HS for HCS for HBs 977 and 1608-- Insurance and Housing.

HCS for HB1038--Commerce and Environment.

HS for HCS for HB 1198--Insurance and Housing.

HS for HCS for HBs1441, 937 and 1795--Judiciary.

HCS for HB1799--Civil and Criminal Jurisprudence.

Senator Johnson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

SENATE BILLS FOR PERFECTION

Senator Wiggins moved that SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 2, SSA 1 for SA 2, SA 1 to SSA 1 for SA 2 and SSA 1 for SA 1 to SSA 1 for SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 1 for SA 1 to SSA 1 for SA 2 was again taken up.

At the request of Senator Kenney, the above substitute amendment was withdrawn.

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

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1

TO SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 1, Line 7, by striking the words "one thousand fifty" and inserting in lieu thereof the words "twelve hundred"; and

Further amend said amendment, line 9, by inserting immediately after said line the following:

"Further amend said bill, Page 6, Section 143.843, by deleting all of said section; and".

Senator Jacob moved that the above substitute amendment be adopted.

Senator Wiggins requested a roll call vote be taken on the adoption of SSA 2 for SA 1 to SSA 1 for SA 2 and was joined in his request by Senators Childers, Mueller, Singleton and Westfall.

SSA 2 for SA 1 to SSA 1 for SA 2 was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Graves House Howard
Jacob Kenney Lybyer Mathewson
Maxwell Russell Sims Singleton
Westfall--17
NAYS--Senators
Curls Ehlmann Flotron Goode
Johnson Kinder Klarich McKenna
Mueller Quick Rohrbach Schneider
Wiggins Yeckel--14
Absent--Senators--None
Absent with leave--Senators
DePasco Scott Staples--3

SSA 1 for SA 2, as amended, was again taken up.

At the request of Senator Wiggins, SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 2 and SSA 1 for SA 2, as amended (pending), were placed on the Informal Calendar.

Senator Schneider moved that SB 471, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 471, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 471

An Act to repeal sections 105.500, 105.510, 105.520, 105.525 and 105.530, RSMo 1994, and to enact in lieu thereof eight new sections relating to good faith employee negotiations.

Was taken up.

Senator Schneider moved that SCS for SB 471 be adopted.

Senator Schneider offered SS for SCS for SB 471, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 471

An Act to repeal sections 105.500, 105.510, 105.520, 105.525 and 105.530, RSMo 1994, and to enact in lieu thereof seven new sections relating to good faith employee negotiations, with penalty provisions.

Senator Schneider moved that SS for SCS for SB 471 be adopted.

Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 12, Section 1, Line 16 of said page, by inserting immediately after all of said line the following:

"(1) "Arbitration", the procedure whereby the parties involved in an impasse or grievance dispute submit their differences to a third party for a determinative decision and impasse disputes shall be subject to legislative approval as provided pursuant to section 3 of this act;"; and further amend said section by renumbering the remaining subdivisions accordingly; and

Further amend said bill, Page 14, Section 2, Line 2 of said page, by striking the words "If the mediator"; and

Further amend said bill, Page 14, Section 2, Lines 3-7 of said page, by striking all of said lines and inserting in lieu thereof the following:

"Section 3. 1. With respect to negotiations between a public body and an exclusive representative, if the mediator determines that mediation services are no longer helpful, either party may submit the unresolved issues to arbitration by an arbitrator. The board shall provide the parties with a list of seven qualified arbitrators. Each party shall alternately strike one name from the list with the party submitting the impasse to arbitration making the first strike until one name remains who shall be the arbitrator for the parties involved in the dispute.

2. Each party shall submit a final offer on each separate item remaining at impasse to the arbitrator and the other party. The arbitrator shall determine that either the final offer of the employer or the final offer of the exclusive representative on each separate issue shall be incorporated into the agreement, provided that the arbitrator shall not amend the offer of either party on any issue.

3. The arbitrator shall begin his hearings no later than thirty days after the request for arbitration in accordance with procedures prescribed by the board and the provisions of sections 435.350 to 435.470, RSMo, except section 435.460, RSMo, shall be applicable to the proceedings of the arbitrator. The arbitrator shall render a decision in writing no later than sixty days after initiation of arbitration. The costs of such arbitrations shall be borne equally by the parties.

4. In making any decision under the impasse procedures authorized by this section, the arbitrator shall consider the following factors:

(1) The effect of an agreement on the ability of the public body to provide public services at current levels;

(2) The lawful authority of the public body;

(3) Stipulations of the parties;

(4) The interests and welfare of the public;

(5) The financial ability of the public body to meet the costs of any items to be included in the contract;

(6) Comparison of wages, hours and terms and conditions of employment of the employees involved in the arbitration proceedings with the wages, hours and terms and conditions of employment of other persons performing similar services in the public and private sector;

(7) The average consumer prices for goods and services, commonly known as the "cost of living" or the consumer price index;

(8) The overall compensation presently received by the employees involved in the arbitration, including, but not limited to, wages, health and life insurance, vacations, holidays and similar benefits;

(9) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings;

(10) Such other factors which are normally or traditionally taken into consideration in the determination of wages, hours and terms and conditions of employment through voluntary collective bargaining, mediation, fact finding, arbitration or otherwise between the parties, in the public service or in private employment.

5. After an agreement or arbitration decision has been entered, that portion of the agreement or decision which requires the public body to appropriate public funds, and any portion of the agreement or decision found to be in conflict with any statute, ordinance or order of the public body shall take effect only upon approval of the legislative body of the public body of the appropriation of such funds or enactment of a statute, an order or ordinance intended to remove any conflict with any statute, ordinance or order as a result of the agreement or decision.

6. An agreement negotiated between the public body and the exclusive representative shall contain a grievance resolution procedure which shall apply to all disputes arising under the agreement and shall provide for arbitration procedures not inconsistent with this act.

7. Failure of a legislative body to approve any portion of an agreement submitted to it shall not be in conflict with the good faith negotiating requirements of this act.

8. The agreement shall remain in effect for the term specified therein. Upon the expiration of an agreement, the terms of such agreement shall remain in effect until superseded by a new agreement.

9. In case of any conflict between the provisions of this act and any other law, executive order or administrative regulation, the provisions of this act shall prevail and control."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted.

Senator Schneider offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 12, Section 1, Line 16 of said page, by inserting immediately after all of said line the following:

"(1) "Arbitration", the procedure whereby the parties involved in an impasse or grievance dispute submit their differences to a third party for a determinative decision and impasse disputes shall be subject to legislative approval as provided pursuant to section 3 of this act;"; and further amend said section by renumbering the remaining subdivisions accordingly; and

Further amend said bill, Page 14, Section 2, Line 2 of said page, by inserting immediately after the period "." the following: "With respect to public bodies other than the state and a representative of a unit of employees of that public body,"; and

Further amend said bill, Page 14, Section 2, Line 7 of said page, by inserting immediately after all of said line the following:

"Section 3. 1. With respect to negotiations between the state and an exclusive representative of a unit of state employees, if the mediator determines that mediation services are no longer helpful, either party may submit the unresolved issues to arbitration by an arbitrator. The board shall provide the parties with a list of seven qualified arbitrators. Each party shall alternately strike one name from the list with the party submitting the impasse to arbitration making the first strike until one name remains who shall be the arbitrator for the parties involved in the dispute.

2. Each party shall submit a final offer on each separate item remaining at impasse to the arbitrator and the other party. The arbitrator shall determine that either the final offer of the employer or the final offer of the exclusive representative on each separate issue shall be incorporated into the agreement, provided that the arbitrator shall not amend the offer of either party on any issue.

3. The arbitrator shall begin his hearings no later than thirty days after the request for arbitration in accordance with procedures prescribed by the board and the provisions of sections 435.350 to 435.470, RSMo, except section 435.460, RSMo, shall be applicable to the proceedings of the arbitrator. The arbitrator shall render a decision in writing no later than sixty days after initiation of arbitration. The costs of such arbitrations shall be borne equally by the parties.

4. In making any decision under the impasse procedures authorized by this section, the arbitrator shall consider the following factors:

(1) The effect of an agreement on the ability of the public body to provide public services at current levels;

(2) The lawful authority of the public body;

(3) Stipulations of the parties;

(4) The interests and welfare of the public;

(5) The financial ability of the public body to meet the costs of any items to be included in the contract;

(6) Comparison of wages, hours and terms and conditions of employment of the employees involved in the arbitration proceedings with the wages, hours and terms and conditions of employment of other persons performing similar services in the public and private sector;

(7) The average consumer prices for goods and services, commonly known as the "cost of living" or the consumer price index;

(8) The overall compensation presently received by the employees involved in the arbitration, including, but not limited to, wages, health and life insurance, vacations, holidays and similar benefits;

(9) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings;

(10) Such other factors which are normally or traditionally taken into consideration in the determination of wages, hours and terms and conditions of employment through voluntary collective bargaining, mediation, fact finding, arbitration or otherwise between the parties, in the public service or in private employment.

5. After an agreement or arbitration decision has been entered, that portion of the agreement or decision which requires the public body to appropriate public funds, and any portion of the agreement or decision found to be in conflict with any statute, ordinance or order of the public body shall take effect only upon approval of the legislative body of the public body of the appropriation of such funds or enactment of a statute, an order or ordinance intended to remove any conflict with any statute, ordinance or order as a result of the agreement or decision.

6. An agreement negotiated between the public body and the exclusive representative shall contain a grievance resolution procedure which shall apply to all disputes arising under the agreement and shall provide for arbitration procedures not inconsistent with this act.

7. Failure of a legislative body to approve any portion of an agreement submitted to it shall not be in conflict with the good faith negotiating requirements of this act.

8. The agreement shall remain in effect for the term specified therein. Upon the expiration of an agreement, the terms of such agreement shall remain in effect until superseded by a new agreement.

9. In case of any conflict between the provisions of this act and any other law, executive order or administrative regulation, the provisions of this act shall prevail and control."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above substitute amendment be adopted.

Senator Johnson assumed the Chair.

At the request of Senator Schneider, SB 471, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

On behalf of Senator Staples, Chairman of the Committee on Transportation, Senator Quick submitted the following reports:

Mr. President: Your Committee on Transportation, to which was referred HB 948, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Transportation, to which was referred HB 1300, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1300, Page 3, Section 301.140, Line 51, by deleting the words "issuance by the director of revenue to" and inserting in lieu thereof the following: "[issuance by the director of revenue to] purchase by".

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

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 1352, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 1293, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 1201, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 1145, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 1113, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1113, Page 1, In the Title, Line 3, by striking the following: "five hundred"; and

Further amend said bill and page, section 1, line 3, by striking the following: "five hundred".

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 1385, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 1622, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1622, Page 4, Section 247.040, Line 108, by striking the word "revenue" and inserting in lieu thereof the word "obligation".

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 1807, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

On behalf of Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, Senator Mathewson submitted the following reports:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 1704, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 1037, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 950, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 950, Page 1, In the Title, Line 2, by deleting the word "agriculture" and inserting in lieu thereof the following: "the Missouri agricultural and small business development authority"; and

Further amend said bill, Page 1, In the Title, Line 3, by deleting the word "two" and inserting in lieu thereof the word "three"; and

Further amend said bill, Page 1, Section A, Line 1, by deleting the word "two" and inserting in lieu thereof the word "three"; and

Further amend said bill, Page 1, Section A, Line 2, by deleting "and 348.400" and inserting in lieu thereof the following: ", 348.400 and 1"; and

Further amend said bill, Page 4, Section 348.400, Line 23, by inserting after all of said line the following:

"Section 1. Records and documents submitted by program applicants and lenders to the Missouri agricultural and small business development authority relating to financial investments in a business, or sales projections or processes or other business plan information which if released or otherwise made public may endanger the competitiveness of a business, or records and documents submitted to the authority relating to financial assistance that is awarded by the authority, except for the amount and recipient of any loan or grant from a program administered by the authority shall be deemed a closed record as such term is defined in section 610.010, RSMo, may be discussed in a meeting that has been closed pursuant to section 610.022, RSMo, and shall not be subject to the provisions of sections 109.200 to 109.310, RSMo, the state and local records laws. Such records and documents may be released by the authority upon written approval by the applicant.".

Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following reports:

Mr. President: Your Committee on Appropriations, to which was referred HB 1001, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for

HB 1002, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for

HB 1003, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for

HB 1004, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for

HB 1005, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HCS for

HB 1006, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Quick submitted the following reports:

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1043, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1668, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1476, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1928, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1506, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1569, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1569, Page 2, Section 351.180, Line 23, by deleting ", notwithstanding" and inserting in lieu thereof the following: "[,]. Notwithstanding"; and

Further amend said bill, Page 5, Section 351.230, Line 3, by deleting the words "delivered or" and inserting in lieu thereof the words "[delivered or]"; and

Further amend said bill, Page 5, Section 351.230, Line 4, by deleting the words ", either personally or by mail," and inserting in lieu thereof the words "[, either personally or by mail,]"; and

Further amend said bill, Page 6, Section 351.245, Line 38, by deleting the word "the"; and

Further amend said bill, Page 7, Section 351.327, Line 23, by inserting after all of said line the following:

"4. The intent of this section is not only to provide against the voiding or voidability of a contract or transaction, but rather to set forth as well the substantive law on the methods by which a conflict transaction may be regularized to become an arms length transaction."; and

Further amend said bill, Page 8, Section 351.596, Line 17, by deleting the word "two" and inserting in lieu thereof the word "five".

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1148, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1216, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SCS for SBs 515 and 783; SS for SB 478; SCS for SB 523; and SS for SB 792, begs leave to report that it has examined the same and finds that the bills have 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 from its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 893, entitled:

An Act to repeal section 130.057, RSMo Supp. 1997, relating to reports filed with the ethics commission, and to enact in lieu thereof one new section for the purpose of requiring electronic filing, 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 HB 1265, entitled:

An Act to repeal section 166.131, RSMo 1994, and section 166.300, RSMo Supp. 1997, relating to school funds, and to enact in lieu thereof two 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 HB 1510, entitled:

An Act to repeal sections 50.500, 447.503, 447.505, 447.506, 447.510, 447.517, 447.520, 447.527, 447.530, 447.532, 447.533, 447.535, 447.539, 447.540, 447.541, 447.543, 447.545, 447.558, 447.559, 447.560, 447.565, 447.571, 447.572 and 447.577, RSMo 1994, relating to the disposition of unclaimed property, and to enact in lieu thereof twenty-four 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 1876, entitled:

An Act to repeal section 275.350, RSMo 1994, relating to funds in the commodity merchandising program, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 987, entitled:

An Act to repeal section 451.040, RSMo Supp. 1997, relating to applications for marriage licenses, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1856, entitled:

An Act to amend chapter 413, RSMo, relating to taximeter units of measurement by adding thereto one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Senator Wiggins assumed the Chair.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Peggy D. Loman, 532 E. 129th Terrace, Kansas City, Jackson County, Missouri 64145, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2000, and until her successor is duly appointed and qualified; vice, RSMo 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Bill J. Adams, 2603 West Avondale Street, Poplar Bluff, Butler County, Missouri 63901, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2002, and until his successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Stephen D. Paulsell, 5304 East Tayside Circle, Columbia, Boone County, Missouri 65203, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2002, and until his successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Gary B. Kempker, 2024 Scenic Drive, Jefferson City, Cole County, Missouri 65101, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2001, and until his successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Sheila F. Lumpe, 320 Washington, Apt. 201, Jefferson City, Cole County, Missouri 65101, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2002, and until her successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Laura A. Estabrooks, 10351 Kings Lane W., Rocheport, Boone County, Missouri 65279, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2000, and until her successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Deborah L. Lilley, 2917 Trapper Trail, Wentzville, St. Charles County, Missouri 63385, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2001, and until her successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Charles G. Bonney, 3012 Kreinheder Court, St. Louis, St. Louis County, Missouri 63125, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 1999, and until his successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Roger D. Young, 801 E. 7th Street, Laddonia, Audrain County, Missouri 63352, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 1999, and until his successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Roger Dale "R.D." Porter, 23515 Roswell Lane, Waynesville, Pulaski County, Missouri 65583, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 1999, and until his successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Annette Kolis Mandel, 11720 Tarrytown Drive, Creve Coeur, St. Louis County, Missouri 63141, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2001, and until her successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

William F. "Bill" Ferrell, Route 2, Box 540, Sikeston, Scott County, Missouri 63801, as a member of the Committee for 911 Service Oversight, for a term ending April 9, 2002, and until his successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Jacquelyn B. Dilworth, M.D., 1101 Courtwood Circle, Ballwin, St. Louis County, Missouri 63011, as a member of the Drug Utilization Review Board, for a term ending October 15, 2000, and until her successor is duly appointed and qualified; vice, Sangeeta Jain-Roberts, M.D., resigned.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Lynn A. Fahrmeier, Republican, Route 1 Box 163, Wellington, Lafayette County, Missouri 64097, as a member of the Clean Water Commission, for a term ending April 12, 2000, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Dorsey E. Levell, Republican, 3130 South Oak Avenue, Springfield, Greene County, Missouri 65804, as a member of the Missouri Community Service Commission, for a term ending December 15, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Mark V. Kenney, Democrat, 5630 Brookside Boulevard, Kansas City, Jackson County, Missouri 64113, as a member of the Missouri Community Service Commission, for a term ending December 15, 2000, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Robert P. Neumann, 5917 S. State Highway ZZ, PO Box 516, Republic, Greene County, Missouri 65738, as a member of the State Historical Records Advisory Board, for a term ending November 1, 2000, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Martha R. Clevenger, 7525 Leadale, St. Louis, St. Louis County, Missouri 63121, as a member of the State Historical Records Advisory Board, for a term ending November 1, 2000, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Kenneth C. Hensley, Democrat, 805 Gore, Box 245, Raymore, Cass County, Missouri 64083, as a member of the Public Defender Commission, for a term ending December 30, 2003, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Lonnie G. Hasty, 3701 Hopper Road, Cape Girardeau, Cape Girardeau County, Missouri 63701, as a public member of the Missouri Family Trust Board of Trustees, for a term ending October 25, 2000, and until his successor is duly appointed and qualified; vice, John Sheehan, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Randall J. Davis, 62 Pearl Drive, Hillsboro, Jefferson County, Missouri 63050, as a member of the State Advisory Council on Emergency Medical Services, for a term ending January 5, 2000, and until his successor is duly appointed and qualified; vice, James Gibson, M.D., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

James D. Bollinger, 206 Poplar, Marble Hill, Bollinger County, Missouri 63764, as a member of the Missouri Fire Safety Advisory Board, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, Joseph Galetti, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 9, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

James J. Silvernail, 16515 Rain Forest Drive, Wildwood, St. Louis County, Missouri 63011, as a member of the Missouri Fire Safety Advisory Board, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

COMMUNICATIONS

Senator Rohrbach submitted the following:

April 9, 1998

Terry Spieler

Secretary of the Senate

Rm. 325 State Capitol

Jefferson City, MO 65101

Dear Terry:

Under the provisions of Senate Rule 45 I am filing written objection to HB 1097 relating to public assistance assets. As this bill is controversial in nature, I request that it be taken off the consent calendar and be sent back to committee.

Sincerely,

/s/ Larry Rohrbach

Senator Curls submitted the following:

April 14, 1998

Mrs. Terry L. Spieler

Secretary of the Senate

Rm. 325, State Capitol

Jefferson City, MO 65101

Dear Mrs. Spieler:

Under the provisions of Senate Rule 45, I am filing written objection to HB 1444 being placed on the consent calendar. As this bill is controversial in nature, I request that it be removed from the consent calendar and returned to committee.

Sincerely,

/s/ Phil B. Curls Sr.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, fourth grade students from Archie School, Archie.

Senator Caskey introduced to the Senate, Bill and Ann Marie Rucker, and their children, Erik and Owen, Independence; and Erik and Owen were made honorary pages.

Senator Howard introduced to the Senate, Cody Moss, Ashley Guest, and Emily, Trisha and Lugenia Counce, Caruthersville; and Cody, Ashley, Emily and Trisha were made honorary pages.

Senator Sims introduced to the Senate, Paula Burt, Katelyn Clounch, Kosta Cook, Jessica Curry, Tanecia Davis, Lyndita Gomez, Tamica Jamison, Tyeysha Jones, Nichole Kennedy, Milan Lafayette, Amanda Miller, Aaprara Mills, Aariel Mills, Audrey Muex, LaVon Pearson, Nanyamka Shukura, Antoinette Smith, Ardell Thomas, Malissa Thomas, Ashley Wilks, Daneitria Williams, members of Girls Incorporated of St. Louis; and chaperones, Jan Altepeter, Marion Black, Vicki Williams and Wendy Roberson.

Senator Johnson introduced to the Senate, his sister, Martha Trail, and her husband Tom, Agency; and their granddaughter, Britney Werle, Orrick; and Britney was made an honorary page.

Senator Sims introduced to the Senate, Mrs.

Catherine Williams and Tyler Babbit, Crystal Bennett, Derrick Connors, Cassidy Greiner, Brandon Jackson, Adonis Johnson, Brian Kolafa, Cody Prohaska, Stacy Rolen, Nicholas Scanga, Matthew Vail and Melissa Yates, eighth grade students from Christian Academy of Greater St. Louis; and Cassidy, Jackson, Stacy and Nicholas were made honorary pages.

Senator Childers introduced to the Senate, Bill, Marge and Melissa Stimson, Cassville.

Senator McKenna introduced to the Senate, thirty retirees from United Auto Workers Local 136, St. Louis.

Senator Mathewson introduced to the Senate, Mrs. Terry Hulett, and forty-three eighth grade students from Salisbury R-IV School, Salisbury; and Shawn Kendrick, Kara Britt, Adam Callighan and Zach Cooper were made honorary pages.

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