Journal of the Senate

SECOND REGULAR SESSION


SIXTY-SECOND DAY--THURSDAY, APRIL 30, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, have we said thank you often enough? Do You hear only our complaints? Is our prayer more the stating of our needs than singing praises to Your Name for all You have done for us? On this day we pause in this quiet time to give thanks for all the blessings You have provided. 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



RESOLUTIONS

Senator Howard offered Senate Resolution No. 1805, regarding Bernice Twidwell, Wayne County, which was adopted.

Senator Jacob offered Senate Resolution No. 1806, regarding Michael Harp, which was adopted.

PRIVILEGED MOTIONS

Senator Johnson moved that SB 550, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 550, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 550

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

Was taken up.

Senator Johnson moved that HCS for SB 550 be adopted, which motion prevailed by the following vote:
YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Flotron Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Curls Ehlmann Goode Jacob
Schneider--5
Absent with leave--Senators--None

On motion of Senator Johnson, HCS for SB 550 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 Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Curls Schneider--2
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Bentley moved that SB 553, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Bentley moved that the above amendment be adopted, which motion prevailed by the following vote:
YEAS--Senators
Banks Bentley Childers Clay
Curls DePasco Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senator Caskey--1
Absent--Senators
Ehlmann Schneider--2
Absent with leave--Senators--None

On motion of Senator Bentley, SB 553, as amended, was read the 3rd time and passed by the following vote:
YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

RESOLUTIONS

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

SENATE RESOLUTION NO. 1807

WHEREAS, upon occasion the members of the Missouri Senate are called upon to acknowledge the meritorious efforts and accomplishments of an exceptional young athlete, Michael Harp, a student at the University of Missouri-Columbia who has earned much well-deserved recognition for his stellar wrestling career; and



WHEREAS, Michael Harp attended Parkway Central Senior High School where he was the undefeated Missouri State Wrestling champion in 1993; joined the University of Missouri-Columbia wrestling team where he was a 1994 Espoir Nationals All-American who placed Sixth in Greco-Roman style; and made an amazing comeback in 1997 after injuring his neck during a wrestling match in 1995; and

WHEREAS, Michael Harp has distinguished himself as an extraordinary wrestler whose honors include service as 1997 and 1998 Varsity wrestling captain, Big Twelve finalist at 142 pounds, NCAA Qualifier who finished in the country's top sixteen, member of the University All-Star Team, and 1998 Pre-season All-American status; and

WHEREAS, Michael Harp has compiled an enviable list of athletic accomplishments such as advancing to the national semi-finals in the NCAA Tournament after beating First Seed Stephen Schmidt from Oklahoma State; receiving NCAA All-American honors and Eighth place in the country at 142 pounds; and taking All-American Sixth in freestyle wrestling at the University Nationals; and

WHEREAS, aside from his athletic prowess, Michael Harp has excelled in the academic realm through his roles as Secretary and President of the Student Advisory Council, as a member of the 1997 Big Twelve All-Academic Team, and as one of 276 student-athletes selected from across the country to attend the First Annual NCAA Leadership Conference; and

WHEREAS, Michael Harp could not have attained such tremendous success without the unparalleled leadership provided by his many wonderful coaches, who have instilled in him the desire to realize his fullest potential; and

WHEREAS, fellow students, faculty and staff of the University of Missouri, parents, and the entire community of Columbia are exceedingly proud of Michael Harp for his noteworthy accomplishments while successfully aspiring toward incredible goals:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join in extending our most hearty congratulations to Michael Harp for his phenomenal success throughout his impressive overall wrestling career, and in wishing him only the very best as he continues to maintain his high standards for achievement; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Michael Harp.

PRIVILEGED MOTIONS

Senator Russell moved that SB 579, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 579, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 579

An Act authorizing the governor to convey certain state property.

Was taken up.

Senator Russell moved that HCS for SB 579 be adopted, which motion prevailed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Quick Schneider--3
Absent with leave--Senators--None

On motion of Senator Russell, HCS for SB 579 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Banks Schneider--2
Absent with leave--Senators--None

The President Pro Tem 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 Quick moved that motion lay on the table, which motion prevailed.

Bill ordered enrolled.

Senator Westfall moved that SCS for SB 634, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 634, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 634

An Act to repeal section 577.023, RSMo 1994, and sections 577.020 and 577.041, RSMo Supp. 1997, relating to motor vehicles, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up.

Senator Westfall moved that HCS for SCS for SB 634 be adopted, which motion prevailed by the following vote:
YEAS--Senators
Bentley Caskey Childers Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Klarich Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Clay--1
Absent--Senators
Banks Kinder Lybyer Schneider--4
Absent with leave--Senators--None

On motion of Senator Westfall, HCS for SCS for SB 634 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Caskey Childers Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Clay Kinder--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:
YEAS--Senators
Bentley Caskey Childers Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks Clay Kinder Russell--4
Absent with leave--Senators--None

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

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

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

Bill ordered enrolled.

Senator Johnson moved that SB 676, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 676, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 676

An Act to repeal section 67.210, RSMo 1994, relating to local government, and to enact in lieu thereof eight new sections relating to the same subject.

Was taken up.

Senator Johnson moved that HCS for SB 676 be adopted, which motion prevailed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Graves House Howard Jacob
Johnson Kenney Kinder Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks Goode Klarich Staples--4
Absent with leave--Senators--None

On motion of Senator Johnson, HCS for SB 676 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Graves House Howard Jacob
Johnson Kenney Kinder Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Goode Klarich--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Bentley moved that SS for SB 724, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SS for SB 724, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 724

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.

Was taken up.

Senator Bentley moved that HCS for SS for SB 724, as amended, be adopted, which motion prevailed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Graves
House Howard Jacob Johnson
Kenney Kinder Lybyer Mathewson
Maxwell McKenna Mueller Quick
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senators
Banks Flotron Goode Klarich--4
Absent with leave--Senators--None

On motion of Senator Bentley, HCS for SS for SB 724, as amended, was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Graves House Howard Jacob
Johnson Kenney Kinder Lybyer
Mathewson Maxwell McKenna Mueller
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senators
Banks Goode Klarich Quick--4
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Schneider moved that SCS for SB 732, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 732, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 732

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

Was taken up.

Senator Schneider moved that HCS for SCS for SB 732 be adopted, which motion prevailed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
DePasco Flotron Graves House
Howard Jacob Johnson Kenney
Kinder Mathewson Maxwell McKenna
Mueller Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--26
NAYS--Senator Rohrbach--1
Absent--Senators
Banks Curls Ehlmann Goode
Klarich Lybyer Quick--7
Absent with leave--Senators--None

On motion of Senator Schneider, HCS for SCS for SB 732 was read the 3rd time and passed by the following vote:
YEAS--Senators
Caskey Childers Clay Curls
DePasco Ehlmann Flotron Graves
House Howard Jacob Johnson
Kenney Kinder Lybyer Mathewson
Maxwell McKenna Mueller Quick
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senator Rohrbach--1
Absent--Senators
Banks Bentley Goode Klarich
Russell--5
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Johnson moved that SB 733, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Staples assumed the Chair.

Senator Johnson moved that the above amendment be adopted, which motion prevailed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
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--Senators
Banks Goode Quick--3
Absent with leave--Senators--None

On motion of Senator Johnson, SB 733, as amended, was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
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
Banks Goode--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator McKenna moved that the Senate refuse to concur in HCS for SB 739 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

SENATE BILLS FOR PERFECTION

Senator Howard moved that SB 773, with SA 1 and SSA 3 for SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 3 for SA 1 was again taken up.

At the request of Senator Flotron, SSA 3 for SA 1 was withdrawn.

SA 1 was again taken up.

At the request of Senator Bentley, SA 1 was withdrawn.

Senator Howard offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Bill No. 773, Page 1, Section 197.317, Line 18, by striking the opening bracket "[" before "1999" and inserting an opening bracket "[" before "July"; and further amend said line by striking "2001" and inserting in lieu thereof the following: "April 30, 2000"; and

Further amend said bill and section, page 2, line 22, by striking the opening and closing brackets "[ ]" and by striking "2002".

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

Senator Singleton offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 773, Page 2, Section 197.317, Line 23, by inserting immediately after said line the following:

"Section 1. As used in this section and section 2 of this act, the following terms mean:

(1) "Charge data", information submitted by a long-term care facility on current charges;

(2) "Charges by payor", information submitted by long-term care facilities on amounts billed to medicare, medicaid, other government sources and all nongovernment sources combined as one data element;

(3) "Department", the department of health;

(4) "Financial data", information submitted by long-term care facilities drawn from financial statements which includes the balance sheet, income statement, bad debt and charges by payor, prepared in accordance with generally accepted accounting principles;

(5) "Long-term care facility", a residential care facility I, residential care facility II, intermediate care facility or a skilled nursing facility as defined in section 198.006, RSMo;

(6) "Resident", an individual housed within a long-term care facility;

(7) "Resident abstract data", data submitted by long-term care facilities which includes but is not limited to date of birth, sex, race, zip code, county of residence, admission date, discharge date, principal and other diagnoses, total billed charges, disposition of the resident and expected source of payment with sources categorized according to medicare, medicaid, other government, workers' compensation, all commercial payors coded with a common code, self-pay, no charge and other.

Section 2. 1. All long-term care facilities shall at least annually provide to the department charge data as required by the department. All long-term care facilities shall at least annually provide resident abstract data and financial data as required by the department. The department shall promulgate rules pursuant to chapter 536, RSMo, specifying the types of information which shall be submitted and the method of submission.

2. The department shall not require the resubmission of data which has been submitted to the department of health or the department of social services under any other provision of law. The department of health shall accept data submitted by associations or related organizations on behalf of long-term care facilities by entering into binding agreements negotiated with such associations or related organizations to obtain data required pursuant to section 1 of this act and this section. A long-term care facility shall submit the required information to the department of health:

(1) If the provider does not submit the required data through such associations or related organizations;

(2) If no binding agreement has been reached within ninety days of August 28, 1998, between the department of health and such associations or related organizations; or

(3) If a binding agreement has expired for more than ninety days.

3. Information obtained by the department under the provisions of section 1 of this act and this section shall not be public information. Reports and studies prepared by the department based upon such information shall be public information and may identify individual long-term care facilities. The department of health may authorize the use of the data by other research organizations pursuant to the provisions of section 192.067. The department shall not release data in a form which could be used to identify a resident. Any violation of this subsection is a class A misdemeanor.

4. The department shall undertake a reasonable number of studies and publish information, including at least an annual consumer guide, in collaboration with long-term care facilities, business coalitions and consumers based upon the information obtained pursuant to the provisions of section 1 of this act and this section. The department shall allow all long-term care facilities and associations and related organizations who have submitted data which will be used in any report to review and comment on the report prior to its publication or release for general use. The department shall include any comments of a long-term care facility, at the option of the facility, and associations and related organizations in the publication if the department does not change the publication based upon those comments. The report shall be made available to the public for a reasonable charge.

5. Any long-term care facility which continually and substantially, as these terms are defined by rule, fails to comply with the provisions of this section shall not be allowed to participate in any program administered by the state or to receive any moneys from the state.

6. A long-term care facility, aggrieved by the department's determination of ineligibility for state moneys pursuant to subsection 5 of this section may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, RSMo, and it shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing, or exhaust any other procedure within the department of health."; and

Further amend the title and enacting clause accordingly.

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

On motion of Senator Howard, SB 773, as amended, was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

SB 745, introduced by Senators House and Ehlmann, entitled:

An Act to repeal sections 160.545, 161.097, 173.005 and 173.210, RSMo 1994, relating to higher education, and to enact in lieu thereof seven new sections relating to the same subject.

Was taken up by Senator House.

On motion of Senator House, SB 745 was read the 3rd time and passed by the following vote:
YEAS--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Staples Wiggins
Yeckel--29
NAYS--Senators
Childers Singleton Westfall--3
Absent--Senators
Curls Kinder--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Carol Ann Freeman, Bill J. Adams, Stephen D. Paulsell, Gary B. Kempker and William F. "Bill" Ferrell, as members of the Committee for 911 Service Oversight;

Also,

Randall J. Davis, as a member of the State Advisory Council on Emergency Medical Services;

Also,

Michael E. Goldsworthy, as a member of the Missouri Fire Education Commission;

Also,

Kimberly S. Long and James J. Silvernail, as members of the Missouri Fire Safety Advisory Board;

Also,

Jean Ellis, as a member of the State Board of Registration for the Healing Arts;

Also,

John Christopher Wilt and Martha R. Clevenger, as members of the State Historical Records Advisory Board;

Also,

Mark V. Kenney, as a member of the Missouri Community Service Commission;

Also,

Lynn A. Fahrmeier, as a member of the Clean Water Commission;

Also,

Lee J. Payne, as a member of the Peace Officer Standards and Training Commission;

Also,

Mark G. Haenchen, as a member of the Low-level Radioactive Waste Compact Advisory Committee;

Also,

Thomas J. Hancock, as a member of the Missouri Board for Respiratory Care;

Also,

Ben L. Kessler and Marie E. Steinwachs, as members of the Hazardous Waste Management Commission.

Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, 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 has adopted SCS for HB 1779, as amended, and has again taken up and passed SCS for HB 1779, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1419 and has again taken up and passed HB 1419, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HCR 8 and has again taken up and passed HCR 8, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1380, entitled:

An Act to repeal sections 64.170, 64.180, 64.190 and 64.205, RSMo 1994, relating to building regulations in certain counties, and to enact in lieu thereof four new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1, SA 2, SA 3, SA 1 to SSA 1 for SA 4, SSA 1 for SA 4, as amended, to HB 1239 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

PRIVILEGED MOTIONS

Senator Caskey moved that the Senate refuse to recede from its position on SA 1, SA 2, SA 3 and SSA 1 for SA 4, as amended, to HB 1239 and grant the House a conference thereon, which motion prevailed.

Senator House moved that the Senate refuse to recede from its position on SCA 1 to HB 1410 and grant the House a conference thereon, which motion prevailed.

HOUSE BILLS ON SECOND READING

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

HS for HCS for HB 1749--Aging, Families and Mental Health.

HCS for HB 1891--Civil and Criminal Jurisprudence.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the Senate on HB 1239, as amended: Senators Caskey, Mathewson, DePasco, Sims and Westfall.

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 30, 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:

Donald L. Gann, Republican, 1501 E. Highview Street, Ozark, Christian County, Missouri 65721, as a member of the Missouri Ethics Commission, for a term ending March 15, 2002, and until his successor is duly appointed and qualified; vice, Ervin Harder, D.M.D., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 30, 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:

Carl Michael Greenwell, Democrat, Rural Route #3, Box 187B, Shelbina, Shelby County, Missouri 63468, as a member of the Missouri Ethics Commission, for a term ending March 15, 2002, and until his successor is duly appointed and qualified; vice, John Howald, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 30, 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:

Paula "Polly" O'Brien, Democrat, 42 Portland Place, St. Louis, St. Louis County, Missouri 63108, as a member of the Missouri Investment Trust Board of Trustees, for a term ending February 24, 2001, and until her successor is duly appointed and qualified; vice, RSMo. 30.953.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 30, 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:

Mary Lynn Watkins, Republican, 49 Stonecrest, St. Joseph, Buchanan County, Missouri 64506, as a member of the Missouri Western State College Board of Regents, for a term ending October 29, 2003, and until her successor is duly appointed and qualified; vice, William Carpenter, Sr., term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 30, 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:

Rainey J. Crawford, Democrat, 4701 North Holly Court, Kansas City, Clay County, Missouri 64116, as a member of the Missouri Investment Trust Board of Trustees, for a term ending February 24, 2002, and until his successor is duly appointed and qualified; vice, RSMo. 30.953.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 30, 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:

Richard H. Dahl, Republican, 209 Amador Avenue, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Investment Trust Board of Trustees, for a term ending February 24, 2000, and until his successor is duly appointed and qualified; vice, RSMo. 30.953.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 30, 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:

Gerald T. Brouder, Ph.D., 1905 South Fairview Road, Columbia, Boone County, Missouri 65203, as a member of the Midwestern Higher Education Commission, for a term ending January 6, 2002, 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 30, 1998

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

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

John A. Birch, 10106 NW 72nd Street, Weatherby Lake, Platte County, Missouri 64152, as Chairman of the State Board of Mediation, for a term ending October 25, 1998, and until his successor is duly appointed and qualified; vice, Francis Brady, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 30, 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:

Lewis Glendon Ullery, Republican, 609 N.E. Short Street, Lee's Summit, Jackson County, Missouri 64063, as a member of the Missouri Gaming Commission, for a term ending April 29, 2001, and until his successor is duly appointed and qualified; vice, Erwin F. Mall, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 38, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1808, regarding Jeanne Rech, Harrisonville, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Flotron introduced to the Senate, Reed and Regina Very, Jefferson City; and Regina was made an honorary page.

Senator Goode introduced to the Senate, Karen Szydlowski, Patrick Schrappen, Stephanie Bell, Rebecca Brockman, Cindy Schlereth, Diane Lane, Judy Beard, LaVanche Parnell, and students from Corpus Christi School, St. Louis; and Brendan McDonald, Kyle Rice, Ian Watson and Nathan Apan were made honorary pages.

Senator Bentley introduced to the Senate, the Physician of the Day, Dr. Larry Halverson, Springfield.

Senator Staples introduced to the Senate, seventh grade students from Sunrise School, DeSoto; and Shelli McGrath, Luke Doney, David Sylvester and Katie Pierce were made honorary pages.

Senator Kinder introduced to the Senate, seventy-five fourth grade students from Clippard Elementary School, Cape Girardeau; and Katie Fowler, Carrie Laskey, Dave Deisher and Aaron Huey were made honorary pages.

Senator Graves introduced to the Senate, Sarah Ponting, seven adults and twenty-five seventh and eighth grade students from Hale R-I School, Hale.

On motion of Senator Quick, the Senate adjourned until 2:00 p.m., Monday, May 4, 1998.