Journal of the Senate

SECOND REGULAR SESSION


FIFTY-SIXTH DAY--TUESDAY, APRIL 21, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, there is so much to do and so little time. We pray for the ability to use our time wisely and to invest our hours in worthwhile activities. We don't ask for more time but for help in using the time we have. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

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

THIRD READING OF SENATE BILLS

SB 751, introduced by Senators Mathewson and Kenney, entitled:

An Act to amend chapter 135, RSMo, by adding thereto one new section relating to economic incentives for the entertainment industry administered by the department of economic development.

Was taken up by Senator Mathewson.

Senator Wiggins assumed the Chair.

On motion of Senator Mathewson, SB 751 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Childers Clay DePasco
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Mathewson McKenna Mueller Quick
Scott Sims Wiggins Yeckel--20
NAYS--Senators
Bentley Caskey Ehlmann Flotron
Goode Lybyer Maxwell Rohrbach
Russell Singleton Staples Westfall--12
Absent--Senator Schneider--1
Absent with leave--Senator Curls--1

The President declared the bill passed.

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

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

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

SS for SCS for SB 651, introduced by Senator McKenna, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 651An Act to repeal sections 104.540, 210.826, 210.830, 452.150, 452.310, 452.355, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605 and 454.432, RSMo 1994, and sections 193.215, 210.109, 210.822, 287.820, 452.340, 452.375, 452.400, 452.423, 452.490, 454.390, 454.408, 454.413, 454.440, 454.455, 454.460, 454.490, 454.505 and 476.688, RSMo Supp. 1997, relating to child custody and child support proceedings, and to enact in lieu thereof thirty-eight new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator McKenna, SS for SCS for SB 651 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 declared the bill passed.

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

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

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

SCS for SBs 515 and 783, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 515 and 783

An Act relating to the civil commitment of sexual predators.

Was taken up by Senator Klarich.

President Pro Tem McKenna assumed the Chair.

On motion of Senator Klarich, SCS for SBs 515 and 783 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SS for SB 478, introduced by Senator Caskey, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 478

An Act to repeal sections 217.710 and 571.030, RSMo Supp. 1997, relating to probation and parole officers, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator Caskey, SS for SB 478 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SCS for SB 523, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 523

An Act to amend chapter 355, RSMo, by adding thereto thirteen new sections relating to transfers of assets by nonprofit hospitals, with an emergency clause.

Was taken up by Senator Sims.

On motion of Senator Sims, SCS for SB 523 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
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--31
NAYS--Senators--None
Absent--Senators
Banks Bentley--2
Absent with leave--Senator Curls--1

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

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

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

SS for SB 792, introduced by Senator Mathewson, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 792

An Act to repeal sections 408.100, 408.200, 408.232 and 408.233, RSMo 1994, and section 408.140, RSMo Supp. 1997, relating to financial transactions, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up.

On motion of Senator Mathewson, SS for SB 792 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Graves
House Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senator Howard--1
Absent--Senators
Banks Goode--2
Absent with leave--Senator Curls--1

The President Pro Tem declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Schneider moved that SB 471, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 1 for SA 1 was again taken up.

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.

Senator Mathewson assumed the Chair.

HOUSE BILLS ON SECOND READING

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

HS for HB 976--Education.

HB 1302--Public Health and Welfare.

HCS for HB 1536--Transportation.

HCS for HBs 1737 and 1345--Commerce and Environment.

HB 1783--Transportation.

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 832.

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 580.

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 1564, entitled:

An Act to amend chapter 644, RSMo, relating to the authorization of additional state bonds by adding thereto 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 1126, entitled:

An Act to repeal sections 105.273 and 105.274, RSMo 1994, and to enact in lieu thereof thirty-one new sections relating to certain authorized signatures, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1684, entitled:

An Act relating to the establishment of the family care safety act, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 1317, entitled:

An Act to repeal sections 303.041, 303.042, 303.043, 303.044, 303.140, 303.290, 304.012, 304.230, 304.235, 307.020, 307.353, 307.355, 307.360, 307.365, 307.390 and 577.023, RSMo 1994, and sections 301.074, 301.140, 302.020, 302.130, 302.138, 302.171, 302.181, 302.302, 302.309, 302.545, 303.024, 303.025, 303.026, 303.030, 304.015, 304.017, 307.350, 307.375, 577.020 and 577.041, RSMo Supp. 1997, relating to the operation of motor vehicles, and to enact in lieu thereof forty-two new sections relating to the same subject, with penalty provisions and an expiration date for certain sections.

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 917.

Bill ordered enrolled.

RESOLUTIONS

Senator Howard offered Senate Resolution No. 1656, regarding Michael Davis, Poplar Bluff, which was adopted.

Senator Mathewson offered Senate Resolution No. 1657, regarding the Fiftieth Anniversary of the Lexington Area Chamber of Commerce, which was adopted.

Senator House offered Senate Resolution No. 1658, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ray Norton, St. Charles County, which was adopted.

On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

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

REPORTS OF STANDING COMMITTEES

Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred HB 1507, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE BILLS FOR PERFECTION

Senator Schneider moved that SB 471, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 1 for SA 1 was again taken up.

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

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 4, Section 3, Lines 15-19 of said page, by deleting all of said lines; and by renumbering the remaining subsections accordingly.

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

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

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 4, Section 3.5, Lines 11 & 12, by striking the words "an order or ordinance" and amend line 13, by striking the words "ordinance or order"; and amend line 9, by striking the words "ordinance or order".

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

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

SENATE AMENDMENT NO. 3 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 5, Section 9, Line 1, by deleting lines 1-3 and delete "control." on line 4.

Senator Mueller moved that the above amendment be adopted.

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

SA 3 to SSA 1 for SA 1 failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Flotron Graves
Howard Kenney Kinder Lybyer
Mueller Rohrbach Russell Sims
Singleton Staples Westfall Yeckel--16
NAYS--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Goode House
Jacob Johnson Klarich Mathewson
Maxwell McKenna Quick Schneider
Scott Wiggins--18
Absent--Senators--None
Absent with leave--Senators--None

Senator Westfall offered SA 4 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 4 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 1, Section 2, Line 14 of said amendment, by inserting immediately after said line the following:

"Further amend said bill and section, line 7, page 14, by inserting at the end of said line the following: "The costs of such mediation services shall be borne by appropriation of funds by the general assembly."; and".

Senator Westfall moved that the above amendment be adopted.

At the request of Senator Westfall, SA 4 to SSA 1 for SA 1 was withdrawn.

Senator Childers offered SA 5 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 5 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 3, Section 3.4, Line 9, by inserting before the word "financial" on said line the words "decision shall not exceed the reasonable".

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

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

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Kinder, Quick, Russell and Wiggins.

SSA 1 for SA 1, as amended, failed of adoption by the following vote:

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

SA 1 was again taken up.

At the request of Senator Schneider, the above amendment was withdrawn.

Senator Staples offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 2, Section 105.510, Lines 23-25, by striking all of said lines and inserting in lieu thereof the following:

"105.510. 1. State employees except Missouri state highway patrolmen, Missouri national guard, and teachers of colleges and universities"; and

Further amend said section, page 3, line 1, by striking "any public body".

Senator Staples moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 2, Section 105.500, Line 16, by deleting the words "the sole" on said line and inserting in lieu thereof the word "A" and further amend said bill, section 105.510, page 2, line 23, by deleting all of lines 23, 24 and 25 of page 2 and inserting in lieu thereof the following:

"105.510. 1. Employees, except police, deputy sheriffs, Missouri state highway patrol personnel, Missouri national guard, all teachers of all Missouri schools, colleges and universities, of".

Senator Childers moved that the above substitute amendment be adopted.

Senator Quick assumed the Chair.

At the request of Senator Childers, SSA 1 for SA 2 was withdrawn.

At the request of Senator Staples, SA 2 was withdrawn.

President Pro Tem McKenna assumed the Chair.

Senator Childers offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 2, Section 105.500, Line 16, by deleting the words "the sole" on said line and inserting in lieu thereof the word "A" and further amend said bill, section 105.510, page 2, line 23, by deleting all of lines 23, 24 and 25 of page 2 and inserting in lieu thereof the following:

"105.510. 1. Employees, except police, deputy sheriffs, Missouri state highway patrol personnel, Missouri national guard, all teachers of all Missouri schools, colleges and universities, of".

Senator Childers moved that the above amendment be adopted.

Senator Schneider requested a division of the question on SA 3, asking that a vote first be taken on the part of the amendment dealing with page 2, section 105.500, line 16 and that a second vote be taken on the portion of the amendment dealing with page 2, section 105.510, lines 23, 24 and 25, which request was granted.

Senator Schneider requested a roll call vote be taken on Part 1 and Part 2 of SA 3 and was joined in his request by Senators Childers, Clay, Mueller and Staples.

Senator Childers moved that Part 1 be adopted, which motion failed by the following vote:

YEAS--Senators
Bentley Childers Flotron Graves
Kenney Kinder Mueller Rohrbach
Russell Sims Singleton Staples
Westfall Yeckel--14
NAYS--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Goode House
Howard Jacob Johnson Klarich
Lybyer Mathewson Maxwell McKenna
Quick Schneider Scott Wiggins--20
Absent--Senators--None
Absent with leave--Senators--None

Part 2 of SA 3 was taken up.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

At the request of Senator Childers, Part 2 of SA 3 was withdrawn.

Senator Goode offered SA 4:

SENATE AMENDMENT NO. 4

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 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, such decision shall be final and binding.

6. 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.

7. 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 Goode moved that the above amendment be adopted.

Senator Schneider offered SA 1 to SA 4, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 4

Amend Senate Amendment No. 4 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 4, Section 3.5, Line 6, by inserting after the word "binding" the words "subject to the appropriation of funds by the General Assembly".

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

SA 4, as amended, was again taken up.

Senator Goode moved that the above amendment be adopted.

Senator Rohrbach requested a roll call vote be taken on the adoption of SA 4, as amended, and was joined in his request by Senators Childers, Mueller, Russell and Klarich.

SA 4, as amended, was adopted by the following vote:

YEAS--Senators
Banks Caskey Clay Curls
DePasco Goode House Howard
Jacob Johnson Lybyer Mathewson
Maxwell McKenna Quick Schneider
Scott Staples Wiggins--19
NAYS--Senators
Bentley Childers Ehlmann Flotron
Graves Kenney Kinder Klarich
Mueller Rohrbach Russell Sims
Singleton Westfall Yeckel--15
Absent--Senators--None
Absent with leave--Senators--None

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

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on State Budget Control, submitted the following report:

Mr. President: Your Committee on State Budget Control, to which was referred SCS for SB 565, begs leave to report that it has considered the same and recommends that the bill do pass.

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 HS for HCS for HB 1095, 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 Local Government and Economic Development, to which was referred HS for HCS for HB 1636, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Appropriations, to which was referred SB 986, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 SB 961; SB 928; SB 918; SCS for SB 820; SB 764; SB 720; SCS for SB 684; SCS for SB 652; SB 537; SB 488; SB 642; SB 658; SB 597; SB 695; SB 766; SB 580; SB 917; and SB 832, begs leave to report that it has examined the same and finds that the bills have been duly enrolled and that the printed copies furnished the Senators are correct.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and SB 961; SB 928; SB 918; SCS for SB 820; SB 764; SB 720; SCS for SB 684; SCS for SB 652; SB 537; SB 488; SB 642; SB 658; SB 597; SB 695; SB 766; SB 580; SB 917; and SB 832, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1381, entitled:

An Act relating to internet transmittal of votes for certain federal employees with an expiration date and an emergency clause.

Emergency clause defeated.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

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 21, 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:

Kathy M. Crow, 3999 Jane Avenue, St. Ann, St. Louis County, Missouri 63074, as a member of the Drug Utilization Review Board, for a term ending October 15, 1998, and until her successor is duly appointed and qualified; vice, Brigette Dabney, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 21, 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 Eugene Whelan, 1203 Fairview, Independence, Jackson County, Missouri 64056, as a member of the Children's Trust Fund Board, for a term ending September 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 21, 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:

Laurie Winterscheidt Hiler, Republican, 1632 Dunmorr Drive, Des Peres, St. Louis County, Missouri 63131, as a member of the Mississippi River Parkway Commission, for a term ending August 15, 2002, and until her successor is duly appointed and qualified; vice, Diane Haneklau, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 21, 1998

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

The following addendum should be made to the appointment of Sam Burton, Ph.D. for the Children's Trust Fund Board, submitted to you on April 16, 1998. Line 1 should be amended to read:

A. Sam Burton, Ph.D., 4030 CR 13848, P.O. Box 371, Rolla, Phelps

Respectfully submitted,

MEL CARNAHAN

Governor

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

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1659, regarding Daniel Ropchock, Blue Springs, which was adopted.

Senator Schneider offered Senate Resolution No. 1660, regarding Donald R. Zykan, St. Louis, which was adopted.

Senator House offered Senate Resolution No. 1661, regarding Joe Bruhl, which was adopted.

Senator Graves offered Senate Resolution No. 1662, regarding Mitchel Burns, Brookfield, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Quick introduced to the Senate, Head Coach, Mark Nusbaum; Assistant Coaches John Vickers and Roger Stirtz; Athletic Director, Steve Butler; and Jarrod McKay, Pierre Mosby, Nick Robinson, Chris Rouse, Matt Rowan, Ryan Stegall, Scott Fleming, Stephen Kelly, Ryan McClelland, Matt Morris, Jacob Street, Matt Fisher, Kent Dryer, Mike Jury and Adam Trout, members of the Liberty High School Division 4-A State Champion Basketball Team.

Senator Flotron introduced to the Senate, Al Lehmann and Ilene Briggermann, St. Louis.

Senator Schneider introduced to the Senate, Olivia Korte, and students from St. Dismas School, St. Louis; and Robert Korte, Michael Lorenz, Melissa Veit and Kathleen Finley were made honorary pages.

Senator Scott introduced to the Senate, Chris Ward, Michael Maixner and Andrew Baumann, St. Louis; and Chris, Michael and Andrew were made honorary pages.

Senator Klarich introduced to the Senate, Rahn E. Tieman, Ballwin.

Senator Kenney introduced to the Senate, Bob, Brenda, Victoria and Eli Brown, homeschoolers from Greenwood; and Victoria was made an honorary page.

Senator Graves introduced to the Senate, Reid and Katie Stephens, Chillicothe.

Senator Mathewson introduced to the Senate, Liz Blackburn, and thirty juniors and seniors from Pettis County R-V School, Hughesville; and Heidi Dollinger, Betsey Franzen, Chad Reid and Justin Simmons were made honorary pages.

On behalf of Senator Caskey and himself, Senator Maxwell introduced to the Senate, Dale and Eva Hall, and Virginia Head, Novelty.

Senator Jacob introduced to the Senate, twenty fourth grade students from Christian Fellowship School, Columbia.

Senator Clay introduced to the Senate, Je-nette Batz and Frank and Jeanette Ruso, St. Louis.

Senator Sims introduced to the Senate, Amy Norton, Val Williams, Dawn Martin, Hermelia Thorps and Ashley Gregory, St. Louis; and Dawn, Hermelia and Ashley were made honorary pages.

Senator Bentley introduced to the Senate, Lisa Glenn, Springfield; who was made an honorary page.

Senator Childers introduced to the Senate, Fred Hedgpeth II, John Robert Hedgpeth and Jay Tennison, Ozark; and John Robert was made an honorary page.

Senator Maxwell introduced to the Senate, Gretchen Meyers and William Meyers Godar, St. Louis; and William was made an honorary page.

Senator Rohrbach introduced to the Senate, Haley Quinn, Jefferson City.

Senator Flotron introduced to the Senate, twenty seventh through twelfth grade students from Parkway High School, St. Louis; and Robert Schwartz, Alex Fak, Shelley Kofsky and Sandra Park were made honorary pages.

Senator Caskey introduced to the Senate, Susie and Wendy Bernt, and Jessica Jackson, Warrensburg; and Michelle La Bounty, Knob Noster.

Senator Quick introduced to the Senate, one hundred forty eighth grade students from Eastgate Middle School, Kansas City; and Jessica Newman, Jeremy Dick, Rebecca Hart and Ben Goehrung were made honorary pages.

Senator Russell introduced to the Senate, Lee Eaton, Michelle Hedges, and sixty seventh grade students from Joel E. Barber School, Lebanon; and Alexander Hendrick, Michaella Looney, Brent Jenson and Deanna Mulrenin were made honorary pages.

Senator Lybyer introduced to the Senate, Ed Pratt, Salem.

Senator Mueller introduced to the Senate, Pamela Davis and representatives of the Christian Home Educator Day.

Senator Caskey introduced to the Senate, his wife, Kay; and citizens of Adrian, Butler and surrounding areas of Bates County.

Senator Graves introduced to the Senate, Amber Martin, and eleven juniors and seniors from Bosworth High School, Bosworth.

Senator Caskey introduced to the Senate, Samantha Robinson, Leeton; and Samantha was made an honorary page.

Senator Klarich introduced to the Senate, Dave Kutchback, St. Charles; Zip Rzeppa, Town and Country; Mel Auslander, Creve Couer; and Lewis Chartock, University City.

On behalf of Senator McKenna, the President introduced to the Senate, Charles and Audrey Vreeland, Hillsboro.

Senator Rohrbach introduced to the Senate, Elizabeth Kelling, Versailles.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Lyndell Scoles, M.D., Columbia.

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