Journal of the Senate

SECOND REGULAR SESSION


FIFTY-FIFTH DAY--MONDAY, APRIL 20, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, we have a job to do, one that has been entrusted to us. We pray for the tools we need to do our job to the best of our ability. We pray for strength, courage, wisdom and a sense of right and wrong. We pray that these might be used with love and compassion. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal for Thursday, April 16, 1998, was read and approved.

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

Present--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
Absent with leave--Senator Curls--1
The Lieutenant Governor was present.

RESOLUTIONS

Senator Mueller offered Senate Resolution No. 1620, regarding the National Youth Service Day at Kirkwood High School, which was adopted.

Senator Kenney offered Senate Resolution No. 1621, regarding Jeffrey Todd (Jeff) Viets, Lee's Summit, which was adopted.

Senator Schneider offered Senate Resolution No. 1622, regarding the Fortieth Anniversary of Good Shepherd Parish, St. Louis, which was adopted.

Senator Schneider offered Senate Resolution No. 1623, regarding Dennis Anthony Tate, which was adopted.

Senator McKenna offered Senate Resolution No. 1624, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Marion Joseph Courtaway, DeSoto, which was adopted.

Senator McKenna offered Senate Resolution No. 1625, regarding Betty Williams, DeSoto, which was adopted.

Senator McKenna offered Senate Resolution No. 1626, regarding H. Claire Conway, House Springs, which was adopted.

Senator Sims offered Senate Resolution No. 1627, regarding Frank Munsch, Overland, which was adopted.

Senator Quick offered Senate Resolution No. 1628, regarding Adam Trout, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1629, regarding Kent Dryer, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1630, regarding Mike Jury, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1631, regarding Matt Fisher, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1632, regarding the Liberty High School Boys Basketball Team, which was adopted.

Senator Quick offered Senate Resolution No. 1633, regarding Jacob Street, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1634, regarding Matt Morris, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1635, regarding Ryan McClelland, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1636, regarding Stephen Kelly, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1637, regarding Scott Fleming, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1638, regarding Ryan Stegall, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1639, regarding Matt Rowan, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1640, regarding Chris Rouse, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1641, regarding Nick Robinson, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1642, regarding Pierre Mosby, Liberty, which was adopted.

Senator Quick offered Senate Resolution No. 1643, regarding Jarrod McKay, Liberty, which was adopted.

Senator Klarich offered Senate Resolution No. 1644, regarding Mayor Bernie A. Hillermann, Washington, which was adopted.

Senator Klarich offered Senate Resolution No. 1645, regarding the One Hundred Eighty-seventh Anniversary of the Potosi Post Office, which was adopted.

Senator Klarich offered Senate Resolution No. 1646, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Frank Toelke, Jr., Union, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1647, regarding Donald Dean Riggs, California, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1648, regarding Robert Van Ark, which was adopted.

Senators McKenna and Staples offered Senate Resolution No. 1649, regarding the Seventy-fifth Wedding Anniversary of Mr. and Mrs. Benjamin G. Miller, Crystal City, which was adopted.

Senator Kinder offered Senate Resolution No. 1650, regarding Dr. Joseph H. Low, Jr., Cape Girardeau, which was adopted.

Senator Kinder offered Senate Resolution No. 1651, regarding the death of Charles Knote, Cape Girardeau, which was adopted.

HOUSE BILLS ON THIRD READING

HB 1001, introduced by Representative Franklin, entitled:

An Act to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Third State Building Bonds and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund and Fourth State Building Fund, and to transfer money among certain funds for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

On motion of Senator Lybyer, HB 1001 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

HCS for HB 1002, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1002, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1002An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1002 be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1002 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1003, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1003, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1003An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1003 be adopted.

Senator Lybyer offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1003, Page 14, Section 3.145, Lines 2 to 9, by deleting said lines and inserting in lieu thereof the following:

"For operation of its various campuses and programs

Personal Service and Expense and Equipment

From General Revenue Fund............$360,662,438

From Lottery Proceeds Fund.................34,312,296

For the purpose of funding the Capsule Pipeline Research Project

From General Revenue Fund.....................300,000

For payment of refunds set off against debt as required by Section 143.786 RSMo

From Debt Offset Escrow Fund..... 1E

Total ...............................................$395,274,735".

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

Senator Lybyer offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1003, Page 8, Section 3.090, Line 4, by deleting the number "95,065,655" and inserting in lieu thereof the number "95,273,655" and further amend said section, line 16, by deleting the number "134,036,407" and inserting in lieu thereof the number "134,244,407".

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

Senator Lybyer moved that SCS for HCS for HB 1003, as amended, be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1003, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Rohrbach Russell Schneider Scott
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Banks Quick Sims--3
Absent with leave--Senators
Curls Graves--2

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1004, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1004, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1004An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1004 be adopted.

Senator Lybyer offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1004, Page 29, Section 4.285, by inserting immediately after said section the following new section:

"Section 4.288. To the Department of Transportation

For the Transit Program

For the purpose of providing matching funds for grants received by local governments under Section 5309, Title 49, United States Code for a feasibility study and preliminary engineering associated with development of commuter rail service. No state funds are to be expended until federal funds are received.

From General Revenue Fund ...............$ 262,500".

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

Senator Ehlmann offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1004, Page 14, Section 4.040, Line 3, by inserting immediately after the number "318,792,419" the letter "E".

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

Senator Lybyer moved that SCS for HCS for HB 1004, as amended, be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1004, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1005, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1005, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1005An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1005 be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1005 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senator Graves--1
Absent--Senator Staples--1
Absent with leave--Senator Curls--1

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1006, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1006, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1006An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1006 be adopted.

Senator Maxwell offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1006, Page 6, Section 6.040, Line 4, by deleting the number "609,746" and inserting in lieu thereof the number "709,746", and further amend said section, line 5, by deleting the number "1,535,206" and inserting in lieu thereof the number "1,635,206", and further amend said section, line 9, by deleting the number "1,705,703" and inserting in lieu thereof the number "1,805,703".

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

Senator Klarich offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1006, Page 31, Section 6.322, Line 6, by adding after the word "Representatives" the words "from the non-attainment area" at line 8, after the word "Senate" the words "from the non-attainment area".

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

Senator Lybyer moved that SCS for HCS for HB 1006, as amended, be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1006, 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--Senators--None
Absent with leave--Senator Curls--1

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1007, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and the Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1007, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1007An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and the Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1007 be adopted.

Senator Wiggins offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1007, Page 3, Section 7.030, Line 16, by adding immediately after said line, the following:

"Concurrent with this appropriation, the Department of Economic Development is hereby instructed to conduct an analysis of the viability and results of the Small Business Development Center system in Missouri and make recommendations to the General Assembly regarding the most cost effective way to provide state support for Small Business Development Centers.".

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

Senator Singleton offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1007, Page 16, Section 7.090, Line 7, by deleting the number "249,827" and inserting in lieu thereof the number "202,727" and further amend said section, line 9, by deleting the number "423,702" and inserting in lieu thereof the number "376,602" and further amend said section line 12 by deleting said line and inserting in lieu thereof the following new line:

"Total (Not to exceed 7.00 F.T.E.).......$3,884,537".

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

Senator Lybyer moved that SCS for HCS for HB 1007, as amended, be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1007, 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--Senators--None
Absent with leave--Senator Curls--1

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1008, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1008, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1008An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1008 be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1008 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks 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--32
NAYS--Senators--None
Absent--Senator Bentley--1
Absent with leave--Senator Curls--1

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1009, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1009, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1009An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1009 be adopted.

Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1009, Pages 10 and 11, Section 9.255, by inserting immediately after said section the following new section:

"Section 9.256. To the Department of Corrections

For the Division of Adult Institutions

For the purpose of establishing a State/Local Government Cooperative to establish a St. Louis County Boot Camp

From General Revenue Fund .............$2,000,000".

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

Senator Lybyer moved that SCS for HCS for HB 1009 be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1009 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--Senators--None
Absent with leave--Senator Curls--1

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1010, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1010, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1010An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1010 be adopted.

Senator Maxwell offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1010, Page 33, Section 10.645, by inserting immediately after said section the following new section:

"Section 10.647. To the Department of Health

For the Office of the Director

For Rural Health Science Careers

Personal Service and/or Expense and Equipment

From General Revenue Fund ..................$ 41,000".

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

Senator Jacob offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1010, Pages 40 and 41, Section 10.715, Line 9 of said section, by deleting all language after "audit."; and

Further amend said bill, by deleting all language on page 42; and

Further amend said bill, page 43, by deleting lines 1 through 8.

Senator Jacob moved that the above amendment be adopted.

Senator Kinder requested a roll call vote be taken on the adoption of SA 2 and was joined in his request by Senators Childers, Ehlmann, Jacob and Klarich.

SA 2 failed of adoption by the following vote:

YEAS--Senators
Banks Caskey Clay Goode
Howard Jacob Quick--7
NAYS--Senators
Bentley Childers DePasco Ehlmann
Flotron Graves House Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Rohrbach Russell Schneider Scott
Singleton Staples Westfall Wiggins
Yeckel--25
Absent--Senator Sims--1
Absent with leave--Senator Curls--1

Senator Ehlmann offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1010, Page 43, Section 10.715, Line 8, by adding the following: "Any member of the Missouri General Assembly shall have standing to intervene in any State or Federal Court proceeding concerning the legality or constitutionality of this Section.".

Senator Ehlmann moved that the above amendment be adopted.

Senator Banks raised the point of order that SA 3 is out of order in that the amendment attempts to legislate in an appropriation bill.

Senator Mathewson assumed the Chair.

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

President Pro Tem McKenna assumed the Chair.

Senator Lybyer moved that SCS for HCS for HB 1010, as amended, be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1010, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1011, with SCS, entitled:

An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1011, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1011An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1011 be adopted.

Senator Lybyer offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1011, Page 40, Section 11.620, Line 8, by deleting the number "6,367,180" and inserting in lieu thereof the number "7,267,180" and further amend said section, line 9, by deleting the number "27,400,000" and inserting in lieu thereof the number "27,700,000" and further amend said section, line 11, by deleting the number "34,197,180" and inserting in lieu thereof the number "35,397,180".

Senator Lybyer moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Howard, Johnson and Sims.

SA 1 was adopted 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--Senators--None
Absent with leave--Senator Curls--1

Senator Banks offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1011, Pages 1 and 2, Section 11.005, Line 6 of said section, by deleting the number "186,693" and inserting in lieu thereof the number "181,693" and further amend said section by inserting immediately after said line the following:

"For expenses of the specific duties of Prince Hall Advisory Board ....................................$5,000".

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

Senator Lybyer moved that SCS for HCS for HB 1011, as amended, be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1011, 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--Senators--None
Absent with leave--Senator Curls--1

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1012, with SCS, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, the Committee on Public Employee Retirement, the Committee on Administrative Rules, the Joint Committee on Capital Improvements Oversight and the Joint Committee on Economic Development; and for the expenses of the interim committees established by the General Assembly, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1012, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1012An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, the Committee on Public Employee Retirement, the Committee on Administrative Rules, the Joint Committee on Capital Improvements Oversight and the Joint Committee on Economic Development; and for the expenses of the interim committees established by the General Assembly, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1012 be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1012 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley 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--32
NAYS--Senator Caskey--1
Absent--Senators--None
Absent with leave--Senator Curls--1

The President Pro Tem declared the bill passed.

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

Senator Lybyer 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 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 16, 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:

Thomas J. Hancock, D.O., Republican, 216 Burke Place, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Board for Respiratory Care, for a term ending April 3, 2001, 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 16, 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:

Jean Ellis, M.D., Democrat, 1600 Arrowhead Trail, Blue Springs, Jackson County, Missouri 64014, as a member of the State Board of Registration for the Healing Arts, for a term ending September 3, 2001, and until her successor is duly appointed and qualified; vice, Valerie Walker, M.D., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 16, 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:

Sam A. Burton, Ph.D., 4030 CR 13848, P.O. Box 371, Rolla, Phelps County, Missouri 65402, as a member of the Children's Trust Fund Board, for a term ending September 15, 1998, and until his successor is duly appointed and qualified; vice, Susan Noaker, Ph.D., resigned.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 16, 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:

David C. Zimmerman, Democrat, #5 River Cove, P.O. Box 96, Crystal City, Jefferson County, Missouri 63019, as a member of the Air Conservation Commission, for a term ending October 13, 2000, and until his successor is duly appointed and qualified; vice, Frank Beller, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 16, 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:

Benedict K. Zobrist, Ph.D., 71-B T Street, Lake Lotawana, Jackson County, Missouri 64086, 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 16, 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:

John Christopher Wilt, 5005 George, Kansas City, Jackson County, Missouri 64133, 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, Barbara Potts, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 16, 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:

Carol Ann Freeman, 6273 Highway MM, Cabool, Texas County, Missouri 65689, as a member of the Committee for 911 Service Oversight, for a term ending April 15, 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 16, 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 G. Haenchen, 13148 Barrett Meadows Drive, Ballwin, St. Louis County, Missouri 63021, as a member of the Low-level Radioactive Waste Compact Advisory Committee, for a term ending April 9, 2001, 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 16, 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:

Margie L. Dyer, 1005 St. Charles Avenue, St. Charles, St. Charles County, Missouri 63301, as a public member of the Low-level Radioactive Waste Compact Advisory Committee, for a term ending April 9, 1999, and until her successor is duly appointed and qualified; vice, Thomas (Lew) Pitchford, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 16, 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:

Marie E. Steinwachs, Democrat, 1221 West Tracker Road, Nixa, Christian County, Missouri 65714, as a member of the Hazardous Waste Management Commission, for a term ending April 3, 2001, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem McKenna referred the above appointments to the Committee on Gubernatorial Appointments.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 764.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 658.

Emergency clause adopted.

Bill ordered enrolled.

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 SB 535, entitled:

An Act to repeal section 137.115, RSMo 1994, and section 163.011, RSMo Supp. 1997, relating to the assessment of property, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 537.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 488.

Emergency clause adopted.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 918.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 684.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 820.

Emergency clause adopted.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 626.

With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 626, Page 1, Section 407.307, Line 4, by deleting the number "407.757" and inserting in lieu thereof the number "407.756".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 928.

Bill ordered enrolled.

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 SB 842, entitled:

An Act to repeal section 217.360, RSMo Supp. 1997, relating to offenses committed on the premises of correctional centers, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

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 SB 579, entitled:

An Act authorizing the governor to convey certain state property.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 695.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 553.

With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 553, Page 1, In the Title, Lines 2 to 3, by deleting all of said lines and inserting in lieu thereof the following: "To repeal sections 167.223, 178.790 and 178.890, RSMo 1994, relating to postsecondary education, and to enact in lieu thereof three new sections relating to the same subject."; and

Further amend said bill, Page 1, Section A, Lines 1 to 2, by deleting all of said lines and inserting in lieu thereof the following:

"Section A. Sections 167.223, 178.790 and 178.890, RSMo 1994, are repealed and three new sections enacted in lieu thereof, to be known as sections 167.223, 178.790 and 178.890, to read as follows:"; and

Further amend said bill, Page 2, Section 167.223, Line 17, by inserting after all of said line the following:

"178.790. The boundaries of any [junior] community college district organized [under] pursuant to sections 178.770 to 178.890 shall coincide with the boundaries of the school district or of the contiguous school districts proposed to be included, and the [junior] community college district shall be in addition to any other school districts existing in any portion of the area.

178.890. 1. If the area of an entire school district which adjoins a [junior] community college district organized [under] pursuant to sections 178.770 to 178.890 desires to be attached thereto and become a part of the [junior] community college district it may do so in the manner provided for annexation [under] pursuant to section 162.441, RSMo. If the area of an entire school district which adjoins a district offering a two-year college course [under] pursuant to section 178.370 on October 13, 1961, and receiving aid [under] pursuant to section 163.191, RSMo, desires to be attached thereto for [junior] community college purposes only, the annexation shall be completed [under] pursuant to section 162.441, RSMo, and upon the annexation, a special [junior] community college district shall be established in the entire area as provided in sections 178.770 to 178.890, and notice thereof shall be given to the state board of education. The state board of education, within sixty days, shall call a special election for the election of trustees to be conducted in the manner provided in section 178.820.

2. If the entire area of a school district not adjoining or contiguous with an established and existing community college district organized pursuant to sections 178.770 to 178.890, desires to become part of such an established and existing community college district which lies in whole or in part in a county which is either:

(1) Adjacent to the county in which the school district lies in whole or in part; or

(2) Adjacent to a county which does not have a public four-year open enrollment college or university, which is adjacent to the county in which the school district lies in whole or in part, such school district may do so in the manner provided for annexation pursuant to section 162.441, RSMo, and in such instances, it shall not be required that such school district be adjacent to or adjoin such a community college district, and the subdistrict or subdistricts in the area comprising the petitioning school district need not be contiguous with the subdistricts of the receiving community college district.

3. If the board of trustees of the receiving district rejects the petition for annexation, the state board of education may be petitioned for a hearing and upon receipt of the petition the state board shall establish the time and place and proceed to a hearing. If the state board of education finds that refusal to honor the petition for annexation has been made without good cause, the state board in its discretion may withhold a portion or all of the state aid from the district which is payable [under] pursuant to the provisions of section 163.191, RSMo.".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 597.

Bill ordered enrolled.

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 SB 841, entitled:

An Act to repeal sections 50.1000, 50.1040, 50.1090, 50.1100 and 50.1140, RSMo 1994, and section 50.1110, RSMo Supp. 1997, relating to certain retirement systems, and to enact in lieu thereof eight new sections relating to the same subject.

With House Perfecting Amendment No. 1

HOUSE PERFECTING AMENDMENT NO. 1

Amend House Committee Substitute for Senate Bill No. 841, Page 4, Section 50.1090, Line 25, by inserting after the word "calculation" the word "of".

In which the concurrence of the Senate is respectfully requested.

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 SCS for SB 732, entitled:

An Act to repeal sections 337.010, 337.025 and 337.033, RSMo 1994, and sections 337.020, 337.021, 337.029 and 337.045, RSMo Supp. 1997, relating to the regulations and licensing of psychologists, and to enact in lieu thereof seven new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

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 SB 479, entitled:

An Act to repeal section 247.040, RSMo Supp. 1997, relating to public water supply districts, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

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 SB 550, entitled:

An Act to repeal section 233.187, RSMo Supp. 1997, relating to the appointment of a treasurer of road districts, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 733.

With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 733, Page 3, Section 169.050, Line 66, by deleting all of said line and inserting in lieu thereof the following: "a period [of] not longer than five years or the length of service to be reinstated whichever is longer,"; and

Further amend said bill, Page 6, Section 169.056, Line 70, by deleting the word "and" and inserting in lieu thereof the words "[and] or".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 642.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 652.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 720.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 961.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HB 976, entitled:

An Act to repeal section 168.221, RSMo 1994, relating to metropolitan school districts, and to enact in lieu thereof two new sections relating to the same subject, with a contingent effective date.

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 1302, entitled:

An Act relating to certain health care providers.

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 adopted SCS for HB 1480 and has again taken up and passed SCS for HB 1480.

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 1536, entitled:

An Act to repeal sections 302.291 and 302.292, RSMo 1994, and section 302.130, RSMo Supp. 1997, relating to the reporting and examination of impaired drivers, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions and an effective date.

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 SB 766.

Emergency clause adopted.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1783, entitled:

An Act to repeal sections 226.525 and 226.535, RSMo 1994, relating to historical and public interest signs along the highways, 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.

Senator Johnson assumed the Chair.

HOUSE BILLS ON SECOND READING

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

HB 1021--Appropriations.

HS for HCS for HBs 1237, 1409, 1166, 1154 and 1491--Labor and Industrial Relations.

HS for HCS for HBs 1405, 1109 and 1335--Civil and Criminal Jurisprudence.

HB 1489--Commerce and Environment.

HB 1836--Corrections and General Laws.

HCS for HB 998--Civil and Criminal Jurisprudence.

HJR 26--Civil and Criminal Jurisprudence.

BILL REFERRALS

President Pro Tem McKenna referred HS for HCS for HB 1601, 1591, 1592, 1479 and 1615 and HCS for HB 1094, 1213, 1311 and 1428, with SCS; HCS for HB 1469, with SCS; HCS for HBs 1681 and 1342, with SCS; HS for HCS for HB 1161, with SCS; HCS for HB 1620, with SCS; HCS for HBs 1519 and 1165, with SCS; and HS for HB 1694, with SCS, to the Committee on State Budget Control.

RESOLUTIONS

Senator Russell offered Senate Resolution No. 1652, regarding the Hartville High School Boys Basketball Team, which was adopted.

Senator Howard offered Senate Resolution No. 1653, regarding Christopher Carlton, which was adopted.

Senator Howard offered Senate Resolution No. 1654, regarding the Fiftieth Anniversary of the Cotton Boll Area Girl Scout Council, which was adopted.

Senator Howard offered Senate Resolution No. 1655, regarding the Tenth Anniversary of the Bootheel Education Center, Malden, which was adopted.

COMMUNICATIONS

Senator Maxwell submitted the following:

April 20, 1998

Ms. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Rm. 325

Jefferson City, MO 65101

Dear Ms. Spieler:

Pursuant to Senate Rule 45, I hereby object to House Bill 1569 being placed on the Consent Calendar and formally request the bill be removed.

Yours sincerely,

/s/ Joe

Joe Maxwell

STATE SENATOR

District 18



Senator McKenna submitted the following:

April 20, 1998

Ms. Terry Spieler

Secretary of the Senate

Missouri State Capitol, Room 325

Jefferson City, MO 65101

Dear Ms. Spieler:

Pursuant to Senate Rule 45, I hereby object to Senate Committee Substitute for House Bill 1293 being placed on the Consent Calendar and formally request this bill be removed from said Calendar.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

Missouri Senate



MESSAGES FROM THE GOVERNORThe following message was received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 20, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate

Bills Nos. 707 & 484 entitled:

"AN ACT"

To repeal sections 99.820 and 99.845 as enacted by conference committee substitute for house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly, relating to tax increment financing, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

On April 20, 1998, I approved said Senate Committee Substitute for Senate Bills Nos. 707 and 484.

Respectfully submitted,

MEL CARNAHAN

Governor

INTRODUCTIONS OF GUESTS

Senator Staples introduced to the Senate, Cecilia Eskameeya, Davis, California.

Senator Maxwell introduced to the Senate, Herman Truitt and Bill Novinger, Kirksville.

Senator Sims introduced to the Senate, Miriam Lee, St. Louis; and Miriam was made an honorary page.

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