Journal of the Senate

SECOND REGULAR SESSION


SIXTIETH DAY--TUESDAY, APRIL 28, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, the Psalmist prayed, "Teach me Thy way Oh Lord and lead me in a plain path." Lord, show us the way to truth and justice. Let us know the right choices and decisions to make. When we know what is right lead us to do what we know to be Your will. 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.

Senator Quick announced that photographers from the Associated Press and the Senate had been given permission to take pictures in the Senate Chamber today.

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

Present--Senators
Banks 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--33
Absent with leave--Senator Bentley--1
The Lieutenant Governor was present.


HOUSE BILLS ON THIRD READING

HB 1468, introduced by Representative Reynolds, entitled:

An Act to repeal section 71.620, RSMo 1994, relating to prohibiting the imposition of tax on certain professions, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Schneider, HB 1468 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Curls DePasco
Flotron Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Clay Ehlmann Goode Lybyer--4
Absent with leave--Senators
Banks Bentley--2

The President Pro Tem declared the bill passed.

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

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

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

HB 1304, introduced by Representative Foley, entitled:

An Act to repeal section 79.365, RSMo Supp. 1997, relating to compensation of certain board members, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator DePasco, HB 1304 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

HB 944, introduced by Representative Long, entitled:

An Act to repeal sections 51.180 and 51.250, RSMo 1994, relating to county clerks.

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

Senator Johnson assumed the Chair.

On motion of Senator Russell, HB 944 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Jacob Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Howard--1
Absent--Senators
Lybyer Schneider--2
Absent with leave--Senators
Banks Bentley--2

The President declared the bill passed.

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

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

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

HB 1609, with SCA 1, introduced by Representative Shelton (57th), et al, entitled:

An Act to repeal section 84.160, RSMo Supp. 1997, relating to the police force in certain cities, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

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

SCA 1 was taken up.

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

On motion of Senator Scott, HB 1609, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

HB 1802, introduced by Representative Thomason, entitled:

An Act to repeal section 304.230, RSMo 1994, and section 303.024, RSMo Supp. 1997, and to enact in lieu thereof two new sections for the purpose of the enforcement of the motor vehicle financial responsibility law, with penalty provisions.

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

On motion of Senator Staples, HB 1802 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 1730, with SCA 1, introduced by Representative Townley, entitled:

An Act to repeal section 302.130, RSMo Supp. 1997, relating to the operating of a motor vehicle, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Staples, HB 1730, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

President Pro Tem McKenna assumed the Chair.

HB 1092, introduced by Representative Rizzo, entitled:

An Act to repeal section 301.142, RSMo Supp. 1997, relating to physically disabled license plates and placards, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator DePasco, HB 1092 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Russell Schneider Scott
Sims Singleton Staples Wiggins
Yeckel--29
NAYS--Senators
Rohrbach Westfall--2
Absent--Senator Quick--1
Absent with leave--Senators
Banks Bentley--2

The President Pro Tem declared the bill passed.

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

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

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

HB 1410, with SCA 1, introduced by Representative Luetkenhaus, entitled:

An Act to repeal section 301.142, RSMo Supp. 1997, relating to physically disabled license plates and placards, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator House, HB 1410, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Russell Schneider Scott Singleton
Staples Wiggins Yeckel--27
NAYS--Senators
Quick Rohrbach Sims Westfall--4
Absent--Senator Mueller--1
Absent with leave--Senators
Banks Bentley--2

The President Pro Tem declared the bill passed.

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

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

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

HB 1511, with SCA 1, introduced by Representative Koller, entitled:

An Act to repeal section 301.010, RSMo Supp. 1997, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Staples, HB 1511, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
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--32
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Banks Bentley--2

The President Pro Tem declared the bill passed.

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

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

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

HB 1596, with SCS, introduced by Representative Leake, entitled:

An Act to repeal sections 226.950 and 226.975, RSMo Supp. 1997, relating to the preservation of corridors for future state highway construction, and to enact in lieu thereof two new sections relating to the same subject.

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

SCS for HB 1596, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1596

An Act to repeal sections 226.950, 226.955, 226.967 and 226.975, RSMo Supp. 1997, relating to the preservation of corridors for future state highway construction, and to enact in lieu thereof four new sections relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for HB 1596 be adopted, which motion prevailed.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

On motion of Senator Caskey, SCS for HB 1596 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay Curls
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--30
NAYS--Senator Graves--1
Absent--Senator Staples--1
Absent with leave--Senators
Banks Bentley--2

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.

RESOLUTIONS

Senator Singleton offered Senate Resolution No. 1738, regarding Doyle Elvert Price, which was adopted.

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

SENATE RESOLUTION NO. 1739

WHEREAS, upon occasion the members of the Missouri Senate pause to recognize an individual who has excelled in the area of professional endeavor; and

WHEREAS, Wayne Winstead of Northwest Missouri State University in Maryville recently attained an impressive milestone in his illustrious career as a college-level coach; and

WHEREAS, on January 27, 1998, Coach Winstead proudly recorded his 300th career victory while fulfilling his important duties as head coach of the Northwest Missouri State University Women's Basketball Team; and

WHEREAS, Coach Winstead realized this remarkable achievement by giving the utmost of his talent and ability to guide his team to a triumphant finish over a mighty opponent; and

WHEREAS, during his many years as a college basketball coach, Wayne Winstead has always put forth tremendous effort to help his teams make the best of the challenges which they have faced at games both at home and on the road; and

WHEREAS, Coach Winstead has achieved a considerable degree of success at the helm of a program which remains relatively consistent in continuing a proud tradition of excellence not easily surpassed; and

WHEREAS, Coach Winstead has enjoyed the honor and the distinction of being named MIAA Coach of the Year in 1984-1985 and again in 1990-1991; and

WHEREAS, Coach Winstead entered the history books on yet another occasion when he was inducted into the John Q. Hammons Missouri Sports Hall of Fame in 1994:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join unanimously in extending hearty congratulations to Coach Winstead as he revels in the glory which accompanies this rare achievement and in wishing him only the best as he continues to instill in his players the desire to excel and the necessity to compete in the spirit of good sportsmanship; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Coach Wayne Winstead, as a mark of our esteem for him.

HOUSE BILLS ON THIRD READING

HCS for HBs 957 and 1063, entitled:

An Act to repeal sections 407.400 and 407.413, RSMo 1994, relating to merchandising practices by certain distributors of intoxicating liquor for the sole purpose of enacting in lieu thereof two new sections relating to the same subject.

Was taken up by Senator Schneider.

On motion of Senator Schneider, HCS for HBs 957 and 1063 was read the 3rd time and passed by the following vote:

YEAS--Senators
Childers Clay Curls DePasco
Ehlmann Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson McKenna Mueller Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Caskey--1
Absent--Senators
Maxwell Quick--2
Absent with leave--Senators
Banks Bentley--2

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1197, with SCS, was placed on the Informal Calendar.

HJR 39 was placed on the Informal Calendar.

HS for HCS for HB 1323, with SCS, entitled:

An Act to repeal section 370.080, RSMo 1994, relating to membership of credit unions, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up by Senator Scott.

SCS for HS for HCS for HB 1323, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1323

An Act to repeal section 370.080, RSMo 1994, relating to membership of credit unions, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up.

Senator Scott moved that SCS for HS for HCS for HB 1323 be adopted.

Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1323, Page 3, Section 370.063, Line 27, by inserting after the period "." on said line the following: "Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in this chapter shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however, nothing in this section shall be interpreted to repeal or affect the validity of any rule adopted or promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act.".

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

Senator Scott moved that SCS for HS for HCS for HB 1323, as amended, be adopted, which motion prevailed.

On motion of Senator Scott, SCS for HS for HCS for HB 1323, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

HCS for HB 1197, with SCS, entitled:

An Act to repeal section 143.805, RSMo 1994, and to enact in lieu thereof seven new sections for the purpose of establishing the family development account program.

Was called from the Informal Calendar and taken up by Senator Maxwell.

SCS for HCS for HB 1197, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1197

An Act to repeal section 143.805, RSMo 1994, and to enact in lieu thereof seven new sections for the purpose of establishing the family development account program.

Was taken up.

Senator Maxwell moved that SCS for HCS for HB 1197 be adopted.

Senator Scott assumed the Chair.

At the request of Senator Maxwell, HCS for HB 1197, with SCS (pending), was placed on the Informal Calendar.

HOUSE BILLS ON SECOND READING

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

HCS for HB 1020--Appropriations.

HCS for HB 1626--Financial and Governmental Organization.

HCS for HB 1643--Insurance and Housing.

HCS for HB 1736--Public Health and Welfare.

SECOND READING OF

CONCURRENT RESOLUTIONS

The following concurrent resolution was read the 2nd time and referred to the Committee indicated:

SCR 41--Rules, Joint Rules and Resolutions.

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 473.

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 SS for SB 724, entitled:

An Act to repeal section 143.183, RSMo 1994, and section 285.230, RSMo Supp. 1997, relating to state income tax revenue from certain nonresidents, and to enact in lieu thereof two new sections for the sole purpose of providing for state income tax revenues from nonresident entertainers and athletes.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Substitute for Senate Bill No. 724, Page 2, Section 143.183, Line 36, by inserting after the word "years," the words "sixty percent of"; and

Further amend said bill, Page 2, Section 143.183, Lines 38 and 39, by placing opening and closing brackets around the words "an amount equal to fifty percent of such estimate"; and

Further amend said bill, Page 3, Section 143.183, Line 51, by inserting after the word "years," the words "ten percent of"; and

Further amend said bill, Page 3, Section 143.183, Line 54, by deleting the words "an amount equal to ten percent of such estimate"; and

Further amend said bill, Page 3, Section 143.183, Line 63, by inserting after the word "years," the words "ten percent of"; and

Further amend said bill, Page 3, Section 143.183, Line 66, by deleting the words "an amount equal to ten percent of such estimate"; and

Further amend said bill, Page 3, Section 143.183, Line 76, by inserting after the word "years," the words "ten percent of"; and

Further amend said bill, Page 3, Section 143.183, Line 79, by deleting the words "an amount equal to ten percent of such estimate"; and

Further amend said bill, Page 4, Section 143.183, Line 101, by inserting after the word "years," the words "ten percent of"; and

Further amend said bill, Page 3, Section 143.183, Lines 104 and 105, by deleting the words "an amount equal to ten percent of such estimate".

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 854, entitled:

An Act to repeal sections 333.041, 333.042 and 333.051, RSMo 1994, relating to funeral directing, and to enact in lieu thereof three 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 HB 1258, entitled:

An Act relating to certain child care facilities, with an effective 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 HS for HCS for HB 1749, entitled:

An Act to repeal sections 178.661, 178.662, 178.674, 198.012, 198.022, 198.026, 198.029, 198.032 and 198.070, RSMo 1994, and sections 197.317 and 198.067, RSMo Supp. 1997, relating to long-term care, and to enact in lieu thereof sixteen new sections relating to the same subject, with a penalty provision.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

On motion of Senator Quick, the Senate recessed until 2:30 p.m.

RECESS

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

Senator Quick announced that photographers from KDNL-TV had been given permission to take pictures in the Senate Chamber today.

RESOLUTIONS

Senator Childers offered Senate Resolution No. 1740, regarding Jeralyn Daugherty, which was adopted.

Senator Sims offered Senate Resolution No. 1741, regarding Dawn Erby, Overland, which was adopted.

Senator Sims offered Senate Resolution No. 1742, regarding Colleen Brennell, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1743, regarding Amy Cline, O'Fallon, which was adopted.

Senator Sims offered Senate Resolution No. 1744, regarding Jamie Sitton, St. Charles, which was adopted.

Senator Sims offered Senate Resolution No. 1745, regarding Carrie Richardson, Herculaneum, which was adopted.

Senator Sims offered Senate Resolution No. 1746, regarding Crystal Gibson, Herculaneum, which was adopted.

Senator Sims offered Senate Resolution No. 1747, regarding Erin Kerber, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1748, regarding Linda Buder, Eureka, which was adopted.

Senator Sims offered Senate Resolution No. 1749, regarding Carrie Cossey, St. Peters, which was adopted.

Senator Sims offered Senate Resolution No. 1750, regarding Dana Buder, Eureka, which was adopted.

Senator Sims offered Senate Resolution No. 1751, regarding Denise Ainley, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1752, regarding Becky Boyd, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1753, regarding Melissa Gable, Fenton, which was adopted.

Senator Sims offered Senate Resolution No. 1754, regarding Kim Duncan, Pacific, which was adopted.

Senator Sims offered Senate Resolution No. 1755, regarding Carolyn Hughes, Chesterfield, which was adopted.

Senator Sims offered Senate Resolution No. 1756, regarding Johanna Lee Wurth, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1757, regarding Heather M. Hoogland, Florissant, which was adopted.

Senator Sims offered Senate Resolution No. 1758, regarding Amy Heidotten, Florissant, which was adopted.

Senator Sims offered Senate Resolution No. 1759, regarding Jennifer Haines, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1760, regarding Hannah Willman, St. Louis, which was adopted.

Senator Sims offered Senate Resolution No. 1761, regarding Jennifer Violett, Fenton, which was adopted.

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

SENATE RESOLUTION NO. 1762

WHEREAS, Carol Reimann, a first grade teacher at Charles C. Clippard Elementary School in Cape Girardeau, has distinguished herself as the 1998 Missouri Teacher of the Year; and

WHEREAS, Carol Reimann has served as a first grade teacher at Charles C. Clippard Elementary School for fifteen years, during which time she has continually worked to establish a special rapport with her pupils in an educational atmosphere full of love, respect, and success; and

WHEREAS, Carol Reimann's positive approach to teaching sparkles just as brilliantly as the diamonds on her fingers and the sequins on her shoes; and

WHEREAS, Carol Reimann began her long and illustrious tenure as an educator in 1968 as a first grade instructor at May Greene Elementary School, where she spent fourteen productive years; and

WHEREAS, the recipient of numerous honors and awards, Carol Reimann is extremely proud of her professional affiliation with the Missouri State Teachers Association, the Cape Girardeau Community Teachers Association #1, and Alpha Delta Kappa, an international honor sorority for women educators, and her membership with Hanover Lutheran Church, where she serves as a Sunday and Bible School teacher and an Altar Guild and Board of Education member; and

WHEREAS, a breast cancer survivor, Carol Reimann serves as an inspiration to other women with breast cancer as a dedicated volunteer of Reach for Recovery and helps to raise money for breast cancer awareness and research; and

WHEREAS, Carol Reimann considers herself most fortunate to have received the love and support of her wonderful family which includes her devoted husband of thirty years, Paul; and her two children, Stephen and Crystal:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join together with all the students, faculty, and staff at Charles C. Clippard Elementary School in extending our most hearty congratulations to Carol Reimann for her selection as the 1998 Teacher of the Year, and in wishing her only the best as she continues to touch the lives of this state's youngest citizens in a positive and meaningful way; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Carol Reimann, as a measure of our esteem for her.

Senator Klarich offered Senate Resolution No. 1763, regarding Wayne Osseck, Union, which was adopted.

Senator Graves offered Senate Resolution No. 1764, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Melvin Bowers, Gower, which was adopted.

Senator Graves offered Senate Resolution No. 1765, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Edward Kurtz, which was adopted.

Senator Graves offered Senate Resolution No. 1766, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Charles Brockman, Stewartsville, which was adopted.

Senator Graves offered Senate Resolution No. 1767, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Leonard Mix, which was adopted.

Senator Graves offered Senate Resolution No. 1768, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. George Lambert, Purdin, which was adopted.

Senator Graves offered Senate Resolution No. 1769, regarding the One Hundredth Birthday of Claire Hawk Hawley, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 1770, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Eugene Baxter, which was adopted.

Senator Graves offered Senate Resolution No. 1771, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Billy S. Coleman, which was adopted.

Senator Graves offered Senate Resolution No. 1772, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Merlin Armstrong, Carrollton, which was adopted.

Senator Graves offered Senate Resolution No. 1773, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Edwin Wolcott, Ludlow, which was adopted.

Senator Graves offered Senate Resolution No. 1774, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Darrell Snodderley, Clearmont, which was adopted.

Senator Graves offered Senate Resolution No. 1775, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Joseph McDonald, which was adopted.

Senator Graves offered Senate Resolution No. 1776, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenneth Butt, Tarkio, which was adopted.

Senator Graves offered Senate Resolution No. 1777, regarding Dennis Conover, Bethany, which was adopted.

Senator Graves offered Senate Resolution No. 1778, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Norman Thompson, Osborn, which was adopted.

Senator Graves offered Senate Resolution No. 1779, regarding Melissa Saltzman, which was adopted.

Senator Schneider offered Senate Resolution No. 1780, regarding Eric William Funke, Florissant, which was adopted.

Senator Howard offered Senate Resolution No. 1781, regarding Mrs. Joyce Petty Overby, which was adopted.

Senator Maxwell offered Senate Resolution No. 1782, regarding the One Hundred Fourth Birthday of Blanche Cauthorn, Mexico, which was adopted.

Senator House offered Senate Resolution No. 1783, regarding the Eightieth Birthday of John Gilmer Miller, III, Montgomery City, which was adopted.

Senator House offered Senate Resolution No. 1784, regarding Dominic Daniel (Dom) King, St. Charles, which was adopted.

Senator Mathewson offered Senate Resolution No. 1785, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Nelson W. "Bud" Hinken, Sedalia, which was adopted.

Senator Howard offered Senate Resolution No. 1786, regarding the Fiftieth Anniversary of the Wayne County Health Center, which was adopted.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HCS for HB 1197, with SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HCS for HB 1197 was again taken up.

Senator Maxwell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1197, Page 1, In the Title, Lines 2-3, by striking all of said lines and inserting in lieu thereof the following: "to establish the family development account program"; and

Further amend said bill, pages 1 and 2, section 143.805, lines 1 to 25, by striking all of said section from the bill; and

Further amend enacting clause accordingly.

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

Senator Clay assumed the Chair.

At the request of Senator Maxwell, HCS for HB 1197, with SCS, as amended (pending), was placed on the Informal Calendar.

HB 1239, introduced by Representative Parker, entitled:

An Act to repeal section 595.209, RSMo Supp. 1997, relating to victims of crime, and to enact in lieu thereof one new section relating to the same subject.

Was taken up by Senator Caskey.

Senator Sims offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1239, Page 1, Section A, Line 2, by inserting immediately after said line the following:

"452.400. 1. A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical health or impair his emotional development. The court shall define the noncustodial parent's visitation periods in detail at the request of either party. In determining the granting of visitation rights, the court shall consider evidence of domestic violence. If the court finds that domestic violence has occurred, the court may find that granting visitation to the abusive party is in the best interests of the child. The court shall not grant visitation to the parent not granted custody if such parent has been found guilty of or pled guilty to a felony violation, when the child was the victim, of chapter 566, RSMo, [when the child was the victim, or a violation of] or section 568.020, RSMo, [when the child was the victim] or an offense which, if committed in this state, would be a felony violation of chapter 566, RSMo, or section 568.020, RSMo. The court shall consider the parent's history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault on other persons and shall grant visitation in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm. The court shall make specific findings of fact to show that the visitation arrangements made by the court best protects the child or the parent or other family or household member who is the victim of domestic violence from any further harm.

2. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child, but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical health or impair his emotional development. When a court restricts a parent's visitation rights or when a court orders supervised visitation because of allegations of abuse or domestic violence, a showing of proof of treatment and rehabilitation shall be made to the court before unsupervised visitation may be ordered. "Supervised visitation", as used in this section, is visitation which takes place in the presence of a responsible adult appointed by the court for the protection of the child.

3. The court shall mandate compliance with its order by both the custodial parent and the child. In the event of noncompliance, the noncustodial parent may file a motion for contempt. Upon a finding by the court that its order for visitation has not been complied with, without good cause, the court shall define the noncustodial parent's visitation in detail and shall exercise its discretion in providing a remedy, which shall include, but not be limited to, a compensatory period of visitation or temporary custody at a time convenient for the noncustodial parent not less than the period of time denied, together with a judgment in an amount not less than the reasonable expenses incurred by the noncustodial parent as a result of denial of visitation.

4. The attorney's fees and costs of a proceeding to enforce visitation rights shall be assessed against the parent who unreasonably denies or interferes with visitation. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court."; and

Further amend the title and enacting clause accordingly.

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

Senator Sims offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Bill No. 1239, Page 1, Section A, Line 2, by inserting immediately after said line the following:

"455.540. As used in sections 455.540 to 455.547, the following terms shall mean:

(1) "Adult", any person eighteen years of age or older;

(2) "Domestic violence", any dispute arising between spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past, and adults who have had a child in common regardless of whether they have been married or have resided together at any time;

(3) "Homicide", any crime which may be charged as one of the following: first degree murder pursuant to section 565.020, RSMo; second degree murder pursuant to section 565.021, RSMo; voluntary manslaughter pursuant to section 565.023, RSMo; or involuntary manslaughter pursuant to section 565.024, RSMo.

455.543. 1. In any case involving a homicide where the victim is an adult, the local law enforcement agency with jurisdiction shall make a determination as to whether there is reason to believe the homicide is related to domestic violence.

2.  In making such determination, the local law enforcement agency may consider a number of factors including, but not limited to, the following:

(1) The relationship between the perpetrator and the victim;

(2) Whether the victim had previously filed for an order of protection pursuant to chapter 455, RSMo;

(3) Whether such agency has previously investigated or received reports of alleged incidents of domestic violence against the victim; and

(4) Any other evidence regarding the homicide that assists the agency in making its determination.

3. After making a determination as to whether the homicide is related to domestic violence, the chief local law enforcement officer or his designee shall complete an appropriate form stating whether the homicide was related to domestic violence and which shall include the name, gender and age of the victim.  The state highway patrol shall develop a form for this purpose which shall be distributed by the department of public safety to all local law enforcement agencies by October 1, 1998. Completed forms shall be forwarded to the highway patrol no later than seven days after a suspect is arrested for the homicide.

455.545. The highway patrol shall compile an annual report of homicides related to domestic violence.  Such report shall be presented by February first of the subsequent year to the governor, speaker of the house of representatives, and president pro tempore of the senate.

455.547. Any employee of a law enforcement agency who, in good faith, completes and sends a form pursuant to section 455.543 shall be immune from liability."; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 3:

SENATE AMENDMENT NO. 3

Amend House Bill No. 1239, Page 1, Section A, Line 2, by inserting after said line the following:

"577.068. 1. A person commits the crime of leaving the scene of a shooting when, being in possession of a firearm or projectile weapon as defined in section 571.010, RSMo, such person discharges such firearm or projectile weapon and causes injury or death to another person and such person, knowing that he has caused such injury or death, leaves the place of the shooting without giving his name, address, and driver's license number, if applicable, to a law enforcement officer. If no such officer is in the vicinity where the shooting occurs, the person must provide such information to the nearest police station or law enforcement officer. A person is not in violation of this section if he leaves the scene of a shooting in order to obtain medical assistance or contact law enforcement authorities to notify them of the shooting, so long as such person returns to the scene of the shooting or otherwise provides the information required by this section to a law enforcement officer within a reasonable time after the shooting.

2. All peace officers and reserve peace officers certified under the provisions of chapter 590, RSMo, shall have authority to investigate shootings and arrest a person who violates subsection 1 of this section, except that conservation agents may enforce such provisions as to hunting related shootings. For the purpose of this section, a hunting related shooting shall be defined as any shooting in which a person is injured as a result of hunting activity that involves the discharge of a hunting weapon.

3. Leaving the scene of a shooting is a class A misdemeanor, except that it is a class D felony if the person has previously pled guilty to or been found guilty of a violation of this section."; and

Further amend the title and enacting clause accordingly.

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

Senator Schneider offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend House Bill No. 1239, Page 1, Section 595.209, Lines 7-9, by striking the bold face type appearing in said lines.

Senator Schneider moved that the above amendment be adopted.

Senator Caskey requested a roll call vote be taken on the adoption of SA 4 and was joined in his request by Senators Childers, Kinder, Sims and Westfall.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

Amend House Bill No. 1239, Page 1, Section 595.209, Line 10, by adding the following: "unless excluded by order of the court where presence of witness would be prejudicial".

Senator Ehlmann moved that the above substitute amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 4

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 4 to House Bill No. 1239, Page 1, by adding the following: "or so long as the prosecuting attorney has assured that the victim will not be called as a witness by the prosecution, or at any time after said alleged victim has testified".

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

SSA 1 for SA 4, as amended, was again taken up.

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

On motion of Senator Caskey, HB 1239, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks 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 Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Scott Staples--2
Absent with leave--Senator Bentley--1

The President 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.

Senator Maxwell moved that HCS for HB 1197, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HCS for 1197, as amended, was again taken up.

Senator Maxwell offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1197, Page 4, Section 3, Line 4, by striking the word "may" and inserting in lieu thereof the following: "shall be allowed to".

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

Senator Ehlmann offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1197, Page 6, Section 6, Line 6, by inserting after all of said line the following: "Section 7. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in sections 1 to 6 shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend the title and enacting clause accordingly.

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

President Pro Tem McKenna assumed the Chair.

Senator Ehlmann offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1197, Page 4, Section 3, Line 2, by deleting the word "two", and inserting the word "three"; and

Further amend said page, line 7, by inserting after the word "at", the words "grades six through twelve of a primary or secondary school or".

Senator Ehlmann moved that the above amendment be adopted.

Senator Clay assumed the Chair.

Senator Jacob raised the point of order that SA 4 is out of order in that the amendment exceeds the scope of the bill.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

President Pro Tem McKenna assumed the Chair.

Senators Schneider and Flotron offered SSA 1 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1197, Page 1, Section 143.805, Line 1, by inserting immediately before said line the following:

"143.111. The Missouri taxable income of a resident shall be his Missouri adjusted gross income less:

(1) Either[:] the Missouri standard deduction or the Missouri itemized deduction[,];

(2) The Missouri deduction for personal exemptions[,];

(3) The Missouri deduction for dependency exemptions[,];

(4) The deduction for federal income taxes provided in section 143.171; and

(5) The deduction for tuition, attendance fees, school supplies, and transportation costs provided in section 143.122.

143.122. In addition to the amounts to be subtracted from a resident's Missouri adjusted gross income to determine Missouri taxable income under the provisions of section 143.111, there shall be subtracted the amount the taxpayer has paid to others for each dependent in grades nine through twelve, for tuition, attendance fees, school supplies, and transportation costs for or on behalf of each dependent in attending a secondary school situated in Missouri, up to a maximum of two thousand five hundred dollars for each dependent.

143.171. 1. For all tax years beginning before January 1, 1994, for an individual taxpayer and for all tax years beginning before September 1, 1993, for a corporate taxpayer, the taxpayer shall be allowed a deduction for his federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels, and lubricating oils).

2. For all tax years beginning on or after January 1, 1994, an individual taxpayer shall be allowed a deduction for his federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed, not to exceed five thousand dollars on a single taxpayer's return or ten thousand dollars on a combined return, after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels, and lubricating oils).

3. For all tax years beginning on or after September 1, 1993, a corporate taxpayer shall be allowed a deduction for fifty percent of its federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels and lubricating oils).

4. If a federal income tax liability for a tax year prior to the applicability of sections 143.011 to 143.996 for which he was not previously entitled to a Missouri deduction is later paid or accrued, he may deduct the federal tax in the later year to the extent it would have been deductible if paid or accrued in the prior year.

5. For all tax years beginning on or after January 1, 1999, a corporate taxpayer shall be allowed a deduction for the amount the taxpayer has paid to others for any pupil or pupils in grades nine through twelve for tuition, attendance fees, school supplies, and transportation costs for or on behalf of any pupil or pupils attending a secondary school situated in Missouri, up to a maximum of two thousand five hundred dollars for any pupil."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above substitute amendment be adopted.

At the request of Senator Maxwell, HCS for HB 1197, with SCS, SA 4 and SSA 1 for SA 4 (pending), was placed on the Informal Calendar.

THIRD READING OF SENATE BILLS

SS for SCS for SBs 852 and 913, introduced by Senator Quick, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 852 and 913

An Act to repeal sections 30.270, 361.080, 362.044, 362.245, 362.250, 408.551, 408.653, 490.250 and 513.430, RSMo 1994, and sections 319.100, 319.131, 362.413, 408.140, 427.125 and 473.543, RSMo Supp. 1997, and to enact in lieu thereof twenty new sections relating to banking.

Was taken up.

On motion of Senator Quick, SS for SCS for SBs 852 and 913 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SCS for SB 698, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 698

An Act relating to the family investment trust act.

Was taken up by Senator Maxwell.

At the request of Senator Maxwell, SCS for SB 698 was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred SCS for SBs 813 and 864; SCS for SB 802; SCS for SB 613; and SCS for SB 522, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

SCS for SB 802, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 802

An Act to amend chapter 253, RSMo, by adding thereto one new section relating to state historic sites, with an emergency clause.

Was taken up by Senator Curls.

On motion of Senator Curls, SCS for SB 802 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Curls
DePasco Goode House Howard
Jacob Johnson Lybyer Mathewson
Maxwell McKenna Mueller Quick
Schneider Scott Sims Staples
Wiggins Yeckel--22
NAYS--Senators
Flotron Graves Kenney Kinder
Klarich Rohrbach Russell Singleton
Westfall--9
Absent--Senators
Clay Ehlmann--2
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

Senator Westfall moved that the vote by which SCS for SB 802 was 3rd read and finally passed be reconsidered.

Senator Scott raised the point of order that the motion for reconsideration was out of order in that there had been no intervening business.

President Pro Tem McKenna ruled the point of order well taken.

SCS for SBs 813 and 864, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 813 and 864

An Act to repeal sections 155.010 and 305.230, RSMo 1994, section 144.805, RSMo Supp. 1997, and section 17 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 aviation, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up by Senator Flotron.

On motion of Senator Flotron, SCS for SBs 813 and 864 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Rohrbach Russell
Singleton Staples Westfall Wiggins--28
NAYS--Senators
Schneider Scott Sims Yeckel--4
Absent--Senator Quick--1
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

SCS for SB 613, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 613

An Act to amend chapter 66, RSMo, by adding thereto one new section relating to water service lines in certain counties, with an emergency clause.

Was taken up by Senator Goode.

On motion of Senator Goode, SCS for SB 613 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

SCS for SB 522, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 522

An Act to repeal sections 302.291 and 302.292, RSMo 1994, and to enact in lieu thereof two new sections relating to the reporting and examination of impaired drivers, with penalty provisions and an emergency clause.

Was taken up by Senator Sims.

On motion of Senator Sims, SCS for SB 522 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Jacob
Johnson Kenney Klarich Lybyer
Mathewson Maxwell McKenna Quick
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senators
Howard Mueller Rohrbach Russell--4
Absent--Senator Kinder--1
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

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

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 refuses to recede from its position on HCS for SB 809 and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 778 and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 778: Representatives: Hoppe, Foley, Rizzo, Greisheimer, Edwards-Pavia.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 809: Representatives: Hoppe, Scheve, Gibbons, Reynolds, Levin.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SB 778, with HCS: Senators Jacob, Clay, Caskey, Childers and Mueller.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SB 809, with HCS: Senators Scott, Staples, Clay, Klarich and Ehlmann.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Corrections and General Laws, to which was referred HCS for HB 1167, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTIONS OF GUESTS

Senator Flotron introduced to the Senate, fifty students from Rose Acres School, St. Louis.

Senator Rohrbach introduced to the Senate, Pat Reed, and twenty-five seventh grade students from St. Andrews School, Tipton.

Senator Rohrbach introduced to the Senate, Susan Dial, and eighth grade students from Blackwater R-II School, Blackwater.

Senator Childers introduced to the Senate, Kathy Barrett, and eighth grade students from Dora School, Ozark County.

Senator Mathewson introduced to the Senate, Rich Cole, and his daughters, Abbey and Maggie, Lexington; and Abbey and Maggie were made honorary pages.

Senator Jacob introduced to the Senate, Nancy Ralls and Laurie Plog, Columbia; and Laurie was made an honorary page.

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Frank Rieger, M.D., Columbia.

Senator Russell introduced to the Senate, Merlene Smith, and forty-six eighth grade students from Stoutland.

Senator Howard introduced to the Senate, Dimple Malloy and Rose Griffin, Malden.

Senator Graves introduced to the Senate, Valerie Haas, eleven adults and thirty-seven fourth through sixth grade students from Bosworth R-V School, Bosworth.

Senator Flotron introduced to the Senate, Denise, Andrew and David McClanahan; and T.J. McDonough, Homeschoolers from Hazelwood.

Senator Russell introduced to the Senate, Debra Burgard, and sixth grade students from Manes Elementary School, Wright County.

Senator Schneider introduced to the Senate, Jerome Pulley, and students from Common Lane Elementary School, St. Louis; and Jamar Seard, Stephanie Willet, Lynne Christenson and Chris Strong were made honorary pages.

Senator Singleton introduced to the Senate, Dave Wallace, Dale Blanchard, Robin Dill, Tracy Erwin, Scott Fields, Mike Gayman, John Good, Cathy Lamp, Brian Marlow, Shala Rogler, James Smith, Jasa Suiter, Clive Veri, Ron Watford, Tracey Osborne and Melinda Bayless, members of Leadership Joplin.

Senator Kinder introduced to the Senate, Paul and Carol Reimann, Cape Girardeau.

Senator DePasco introduced to the Senate, Pat Fedo, Rachael Hertlein, Rodney Meyer and Melinda Shikles, Independence; and Pat, Rachael,

Rodney and Melinda were made honorary pages.

Senator Klarich introduced to the Senate, twenty-eight eighth grade students from Spring Bluff Elementary School, Franklin County.

Senator Rohrbach introduced to the Senate, Alma and Steve Sanue, Portland, Oregon.

Senator Sims introduced to the Senate, twenty-seven fifth grade students from Our Lady of the Pillar School, St. Louis.

Senator Howard introduced to the Senate, Ben, Anna Beth and Emily Counce, Caruthersville; and Anna Beth and Emily were made honorary pages.

Senator Wiggins introduced to the Senate, students, parents and faculty from Boone Elementary School, Kansas City; and Clinton Stanton, Krystle Oliphant, Emily Barth, John Coughlin and Cordes Fishback were made honorary pages.

Senator Ehlmann introduced to the Senate, Cathy Davis, Weldon Springs Heights; Vicky Boedeker, Wentzville; Bob Morder, St. Charles; and Ed Hayek, Lake St. Louis.

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