Journal of the Senate

SECOND REGULAR SESSION


SIXTY-FIFTH DAY--WEDNESDAY, MAY 6, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, we pray that You will help us to obey Your laws as we make laws of our own. We are thankful for the heritage provided to us by our families. Be with us as we seek to pass on to our children the wonderful things that have been given to us. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

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


RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1832, regarding Billie Duckworth, Lone Jack, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1833, regarding Christy Lynnette Mengwasser, Westphalia, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1834, regarding Alecia Elaine Ridenhour, Holts Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1835, regarding the Fiftieth Wedding Anniversary of Lieutenant Colonel and Mrs. Warren Paul Hoover, Jr., Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1836, regarding Aaron David Hodges, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 1837, regarding Daniel Patrick "Danny" McEntee, Independence, which was adopted.

Senator Kenney offered Senate Resolution No. 1838, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. George Francis, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 1839, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Clyde Hudson, Blue Springs, which was adopted.

Senator DePasco offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1840

WHEREAS, it is with great pride and sincere admiration that the members of the Missouri Senate pause to recognize Ross P. Marine, a treasured resident of Kansas City, Missouri, who will be honored as the Unity-Neighborliness-Integrity-Clarity-Opportunity (UNICO)/Kansas City Chapter Citizen of the Year at a dinner to be held May 31, 1998; and

WHEREAS, Ross Marine, DHL, MHA, has provided quality health care to the medically uninsured and underserved residents of Eastern Jackson County for the past eight years as Senior Vice President and Chief Operating Officer at Trinity Lutheran Hospital in Kansas City, as the Administrator for the Truman Medical Center East in Kansas City, and as the Director of Public Health for the Jackson County Health Department in Independence; and

WHEREAS, Ross Marine has effectively demonstrated his dynamic leadership skills and visionary acumen by implementing facility-wide strategic planning and an organizational development plan enabling Truman Medical Center East associates, medical/dental staff and faculty, and auxiliary/volunteers to identify and implement changes to provide quality care for the citizens of Eastern Jackson County; and

WHEREAS, Ross Marine has had the vision to expand access to health care by starting five public health outreach facilities; to recognize the need to improve the standards of care by successfully completing a thirty-eight-million-dollar renovation and expansion project at numerous Truman and other health care facilities; and to enhance the care of the medically uninsured and underinsured by supporting the University of Missouri-Kansas City School of Medicine, and the Department of Community and Family Medicine Residency Training Program, and the Gerontology Fellowship Program; and

WHEREAS, the recipient of numerous honors and awards, Ross Marine is extremely proud of his affiliation with such professional organizations as the Greater Kansas City Health Care Council, the Missouri Hospital Association, the Kansas City Area Hospital Association, the Kansas Hospital Board, the Crittenton Behavioral Health Board of Directors, the Metropolitan Official Health Agencies of the Greater Kansas City Area, the National Rural Health Association, and the Missouri Association of Homes for the Aging Board of Directors, just to name a few; and

WHEREAS, Ross Marine put forth a tremendous amount of effort through the role he played in forming a successful partnership between Truman Medical Center and Truman Medical Center East and the Citizens Association of Aid to Children at Risk (CAACR) of Petrzalka, Slovakia, a project that will assist CAACR in developing a community health process to aid children and juveniles in at-risk families:

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 Ross Marine at this proud moment of well-deserved distinction, and in wishing him only the very best as he continues to serve as a leader in the health care industry; and

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

Senator Bentley offered Senate Resolution No. 1841, regarding Dr. Mary Jo Wynn, which was adopted.

Senator Graves offered Senate Resolution No. 1842, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Dale Koontz, Norborne, which was adopted.

Senator Graves offered Senate Resolution No. 1843, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Billy J. Golston, Unionville, which was adopted.

Senator Graves offered Senate Resolution No. 1844, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill Murphy, Graham, which was adopted.

Senator Graves offered Senate Resolution No. 1845, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Howard Baldwin, Unionville, which was adopted.

Senator Graves offered Senate Resolution No. 1846, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Chester Moore, Trenton, which was adopted.

Senator Graves offered Senate Resolution No. 1847, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Samuel Bray, Cameron, which was adopted.

Senator Graves offered Senate Resolution No. 1848, regarding Helen C. Austin, which was adopted.

Senator Graves offered Senate Resolution No. 1849, regarding Doris Ann Schmidt, which was adopted.

CONCURRENT RESOLUTIONS

Senator Caskey moved that HCR 10 be taken up for adoption, which motion prevailed.

On motion of Senator Caskey, HCR 10 was adopted by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Bentley Curls Ehlmann Jacob
Quick--5
Absent with leave--Senators--None

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt Conference Committee Report on SCS for HCS for HB 1009 and requests a further conference on SCS for HCS for HB 1009.

PRIVILEGED MOTIONS

Senator Lybyer moved that the Senate refuse to grant further conference on SCS for HCS for HB 1009 and request the House to adopt the Conference Committee Report on SCS for HCS for HB 1009 and take up and pass CCS for HB 1009; and failing to do so, grant the Senate a further conference on SCS for HCS for HB 1002 through SCS for HCS for HB 1012, which motion prevailed.

REPORTS OF STANDING COMMITTEES

Senator Schneider, Chairman of the Committee on Judiciary, submitted the following reports:

Mr. President: Your Committee on Judiciary, to which was referred HS for HCS for HBs 1051 and 1276, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Judiciary, to which was referred HS for HCS for HBs 1441, 937 and 1795, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Ways and Means, to which was referred HCS for HB 1510, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HS for HCS for HBs 1455 and 1463, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 1302, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1627, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1834, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1836, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1240, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HS for HCS for HB 971, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HS for HCS for HBs 1405, 1109 and 1335, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HS for HCS for HB 1656, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

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

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

Mr. President: Your Committee on Transportation, to which was referred HS for HCS for HB 1434, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Transportation, to which was referred HCS for HB 1536, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Curls, Chairman of the Committee on Insurance and Housing, submitted the following report:

Mr. President: Your Committee on Insurance and Housing, to which was referred HS for HCS for HBs 977 and 1608, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Commerce and Environment, to which was referred HCS for HB 1143, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Committee Substitute for House Bill No. 1143, Page 1, In the Title, Line 2, by striking the word "six" and inserting in lieu thereof the word "five"; and

Further amend said bill, Page 1, Section A, Line 1, by striking the word "six" and inserting in lieu thereof the word "five"; and further amend said section, line 2, by striking the numeral "190.313,"; and

Further amend said bill, Page 1, Section 190.313, Lines 1-7, by striking all of said lines.

SENATE COMMITTEE AMENDMENT NO. 2

Amend House Committee Substitute for House Bill No. 1143, Page 3, Section 190.430, Lines 2-3, by striking "seventy-five" and inserting in lieu thereof "fifty"; and

Further amend said bill, page 5, section 190.440, line 13, by striking "seventy-five" and inserting in lieu thereof "fifty".

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred HCS for HB 1526, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1136, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1, 2 and 3.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1136, Page 3, Section 198.026, Lines 54 and 55, by deleting all of said lines and inserting in lieu thereof the following: "health, and any other concerned federal, state or local governmental agencies. The department shall send a copy of the notice of noncompliance, the statement of deficiencies, and the response by the facility and their plan of correction to the state representative and state senator for the district in which the cited facility is located. The department shall forward any changes made in the citation."; and

Further amend said bill, Page 3, Section 198.029, Lines 12 through 15, by deleting all of said lines and inserting in lieu thereof the following:

"(3) Send a copy of the notice of noncompliance, the statement of deficiencies, and the response by the facility and their plan of correction to the division of family services of the department of social services, the department of mental health, the state representative and state senator for the district in which the facility is located, and any other concerned federal, state or local government agencies. The department shall forward any changes made in the citation. The facility shall post in a conspicuous location in the".

SENATE COMMITTEE AMENDMENT NO. 2

Amend House Bill No. 1136, Page 1, In the Title, Line 3, by striking "two" and inserting in lieu thereof the following: "six"; and

Further amend said bill and page, Section A, line 1, by striking "two" and inserting in lieu thereof the following: "six" and further amend line 2, by striking "and 198.029" and inserting in lieu thereof the following: ", 198.029, 1, 2, 3 and 4"; and

Further amend said bill, page 3, section 198.029, line 16, by inserting after all of said line the following:

"Section 1. The division of aging may establish a pilot project to provide the elderly who suffer from alzheimer's disease or dementia with enhanced and specialized care by allowing no more than five alzheimer or dementia care facilities to be developed. Such facilities shall:

(1) Be developed in conjunction with, and work collaboratively with the school of medicine or school of nursing affiliated with a Missouri institution of higher education; and

(2) As a minimum, comply with all life safety codes and comply with staffing patterns as determined by an agreement between the division of aging, participating medical school or school of nursing and such facility administrator. However, in no case may the requirements be less than such requirements required for facilities defined in section 198.006. Such agreement shall address:

(a) Physical design of the facility to enhance the care of the elderly to be served;

(b) Staffing patterns;

(c) Admission criteria;

(d) Assessment and monitoring of the residents;

(e) Education of staff employed by the facility; and

(f) Program development.

Section 2. Two of the five facilities for this pilot project shall be facilities currently licensed under chapter 198, RSMo, and two shall be newly constructed after the division of aging grants approval as a pilot project pursuant to this section. The division of aging shall decide whether the fifth facility shall be a currently licensed facility or a newly constructed facility.

Section 3. Such facilities described in section 1 shall be exempt from the provisions of sections 197.300 to 197.366, RSMo.

Section 4. The division of aging, participating facilities and the school of medicine or school of nursing shall complete a report by December 1, 2001, on the pilot project for each of the five facilities participating in the project.".

SENATE COMMITTEE AMENDMENT NO. 3

Amend House Bill No. 1136, Page 1, In the Title, Lines 2-3, by striking all of said lines and inserting in lieu thereof the following: "To repeal sections 198.026 and 198.029, RSMo 1994, and section 197.317, RSMo Supp. 1997, relating to long-term care facilities, and to enact in lieu thereof three new sections relating to the same"; and

Further amend said bill and page, Section A, line 1, by striking the following: "are repealed and two" and inserting in lieu thereof the following: "and section 197.317, RSMo Supp. 1997, are repealed and three"; and further amend line 2, by inserting after "sections" as it appears the second time, the following: "197.317,"; and further amend line 2 by inserting after all of said line the following:

"197.317. After July 1, 1983, no certificate of need shall be issued for the following:

(1) Additional residential care facility I, residential care facility II, intermediate care facility or skilled nursing facility beds above the number then licensed by this state;

(2) Beds in a licensed hospital to be reallocated on a temporary or permanent basis to nursing care or beds in a long-term care hospital meeting the requirements described in 42 C.F.R., section 412.23(e), excepting those which are not subject to a certificate of need pursuant to paragraphs (e) and (g) of subdivision (12) of section 197.305; nor

(3) The reallocation of intermediate care facility or skilled nursing facility beds of existing licensed beds by transfer or sale of licensed beds between a hospital licensed under this chapter or a nursing care facility licensed under chapter 198, RSMo; except for beds in counties in which there is no existing nursing care facility. No certificate of need shall be issued for the reallocation of existing residential care facility I or II, or intermediate care facilities operated exclusively for the mentally retarded to intermediate care or skilled nursing facilities or beds. However, after July 1, [1999] 2001, nothing in this section shall prohibit the Missouri health facilities review committee from issuing a certificate of need for additional beds in existing health care facilities or for new beds in new health care facilities or for the reallocation of licensed beds, provided that no construction shall begin prior to July 1, [2000] 2002. The provisions of subsections 16 and 17 of section 197.315 shall apply to the provisions of this section.".

Also,

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1822, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Clay, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Labor and Industrial Relations, to which was referred HB 1144, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1144, Page 1, In the Title, Lines 2-3, by striking all of said lines and inserting in lieu thereof the following: "To repeal section 386.570, RSMo 1994, relating to regulation of gas utilities, and to enact in lieu thereof two new sections relating to the same"; and

Further amend said bill and page, section A, lines 1 and 2, by striking all of said lines and inserting in lieu thereof the following:

"Section A. Section 386.570, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 386.570 and 393.143, to read as follows:"; and

Further amend said bill, page 2, section 386.570, line 30, by inserting after all of said line the following:

"393.143. Other provisions of law or state regulation to the contrary notwithstanding, gas leaks which do not constitute a hazard to property or to the general public but are of a nature requiring routine action shall be repaired no later than three years following the date of classification and shall be rechecked no less often than every six months until the leak is repaired or until the facility is replaced.".

Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HCS for HBs 1273, 943 and 1217, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator House, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred HCS for HBs 1363 and 906, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Committee Substitute for House Bills Nos. 1363 and 906, Page 1, In the Title, Line 2, by inserting after "174.055" the following: ", 174.453"; and further amend line 4 of the title, by striking "twelve" and inserting in lieu thereof "thirteen"; and

Further amend said bill and page, section A, line 1, by inserting after "174.055" the following: ", 174.453"; and further amend line 2, by striking "twelve" and inserting in lieu thereof "thirteen"; and

Further amend said bill, page 5, section 174.057, line 9, by inserting immediately after all of said line the following:

"174.453. 1. The board of governors shall be appointed as follows:

(1) Four voting members shall be selected from the counties comprising the institution's historic statutory service region as described in section 174.010, [except that] not more than one member shall be appointed from any one county, except for the county where the institution's main campus is located and except for a county with a population of more than two hundred thousand;

(2) Three voting members shall be selected from any of the counties in the state which are outside of the institution's historic service region; except that not more than one such member shall be appointed from any one congressional district; and

(3) [Two nonvoting members whose residence is other than the state of Missouri and who are knowledgeable of the educational mission of such institution; and

(4)] One nonvoting member who is a student shall be selected in the same manner as prescribed in section 174.055.

2. The term of service of the governors shall be as follows:

(1) The voting members shall be appointed for terms of six years; [except, that of the voting members first appointed, two shall serve for terms of two years, two for terms of four years, and three for terms of six years;] and

(2) [The nonvoting members who are not students shall be appointed for terms of six years; except, that of the nonvoting members first appointed, one shall serve for a term of three years, and one shall serve a term of six years; and

(3)] The nonvoting student member shall serve a two-year term.".

Senator Maxwell, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HCS for HB 1626, begs leave to report that it has considered the same and recommends that the bill do pass.

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

HOUSE BILLS ON THIRD READING

HB 948, introduced by Representative Long, entitled:

An Act relating to the name of certain highways.

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

On motion of Senator Russell, HB 948 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 Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
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 Scott moved that motion lay on the table, which motion prevailed.

Senator Staples assumed the Chair.

HB 1300, with SCA 1, introduced by Representative Kennedy, et al, entitled:

An Act to repeal section 301.140, RSMo Supp. 1997, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject, with an effective date.

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 1300, 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 Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
McKenna Schneider--2
Absent with leave--Senators--None

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

HB 1201, introduced by Representative Summers, et al, entitled:

An Act to repeal section 32.105, RSMo Supp. 1997, relating to the neighborhood assistance program, 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 Maxwell.

On motion of Senator Maxwell, HB 1201 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
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Bentley Klarich Schneider--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1145, with SCS, introduced by Representatives Lakin and Luetkenhaus, entitled:

An Act to repeal section 493.050, RSMo 1994, relating to publication of legal notices, 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 Quick.

SCS for HB 1145, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1145

An Act to repeal section 493.025, 493.027, 493.030 and 493.050, RSMo 1994, relating to publication of legal notices, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Quick moved that SCS for HB 1145 be adopted, which motion prevailed.

On motion of Senator Quick, SCS for HB 1145 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 Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Bentley Schneider--2
Absent with leave--Senators--None

The President 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.

HB 1113, with SCA 1, introduced by Representative DeMarce, entitled:

An Act relating to a county road tax in counties with a population between four thousand two hundred and six thousand five hundred.

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

SCA 1 was taken up.

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

On motion of Senator Maxwell, HB 1113, 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 House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senator Graves--1
Absent--Senator McKenna--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1385, with SCS, introduced by Representative Summers, entitled:

An Act to repeal section 247.070, RSMo 1994, relating to public water supply district board meetings, 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 Maxwell.

SCS for HB 1385, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1385

An Act to repeal section 247.180, RSMo Supp. 1997, relating to public water supply district elections, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Maxwell moved that SCS for HB 1385 be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for HB 1385 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 1622, with SCA 1, introduced by Representative Fritts, entitled:

An Act to repeal section 247.040, RSMo Supp. 1997, relating to public water supply districts, 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 Caskey.

SCA 1 was taken up.

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

On motion of Senator Caskey, HB 1622, 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 Mueller Quick Rohrbach
Russell Schneider Scott Sims
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
McKenna Singleton--2
Absent with leave--Senators--None

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 Westfall moved that motion lay on the table, which motion prevailed.

HB 1807, introduced by Representative Bartelsmeyer, entitled:

An Act to repeal sections 78.100 and 78.260, RSMo 1994, relating to certain city offices, 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 Westfall.

On motion of Senator Westfall, HB 1807 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 Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator McKenna--1
Absent with leave--Senators--None

The President declared the bill passed.

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.

Senator Mathewson assumed the Chair.

PRIVILEGED MOTIONS

Senator Johnson moved that SCS for SB 501, with HS for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SCS for SB 501, as amended, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 501

An Act to repeal sections 169.020, 169.070, 169.597 and 169.670, RSMo Supp. 1997, relating to public school retirement systems, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause.

Was taken up.

Senator Johnson moved that HS for HCS for SCS for SB 501, as amended, be adopted.

At the request of Senator Johnson, the motion to adopt HS for HCS for SCS for SB 501, as amended, was withdrawn.

Senator Maxwell moved that SCS for SJR 24, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SJR 24, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION NO. 24

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 37(e) of article III of the Constitution of Missouri, relating to powers of the legislature by adding thereto three new sections relating to the issuance of bonds for water pollution and stormwater control.

Was taken up.

President Pro Tem McKenna assumed the Chair.

Senator Maxwell moved that HCS for SCS for SJR 24, as amended, be adopted, which motion prevailed by the following vote:

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

On motion of Senator Maxwell, HCS for SCS for SJR 24, 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
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senator Rohrbach--1
Absent--Senators--None
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

Senator Maxwell 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.

HOUSE BILLS ON THIRD READING

HB 950, with SCA 1, introduced by Representatives Leake and Wiggins, entitled:

An Act to repeal sections 348.015 and 348.400, RSMo Supp. 1997, relating to agriculture, 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 Lybyer.

SCA 1 was taken up.

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

On motion of Senator Lybyer, HB 950, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Childers Clay
Curls DePasco Ehlmann Flotron
Goode House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Maxwell McKenna Mueller
Scott Sims Staples Westfall
Wiggins Yeckel--26
NAYS--Senators
Caskey Graves Quick Rohrbach
Singleton--5
Absent--Senators
Mathewson Russell Schneider--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

MESSAGES FROM THE 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 concurred in SA 1 to HB 1805 and has again taken up and passed HB 1805, 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 1748 and has again taken up and passed HB 1748, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1158 and has again taken up and passed SCS for HB 1158.

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 1046 and has again taken up and passed HB 1046, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 1469, as amended, and has again taken up and passed SCS for HCS for HB 1469, as amended, with House Perfecting Amendment No. 1.

HOUSE PERFECTING AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1469, Page 3, Section 168.071, Line 14, by deleting the number "162.520" and inserting in lieu thereof the number "161.520".

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 refuses to adopt SCS for HS for HCS for HB 1161, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

RESOLUTIONS

Senator Singleton offered Senate Resolution No. 1850, regarding Wayne Smith, Neosho, which was adopted.

Senator Singleton offered Senate Resolution No. 1851, regarding Dave Crocker, Neosho, which was adopted.

Senator Singleton offered Senate Resolution No. 1852, regarding the Second Baptist Church of Neosho, which was adopted.

Senator Singleton offered Senate Resolution No. 1853, regarding the Newton County Commission, which was adopted.

Senator Singleton offered Senate Resolution No. 1854, regarding the Newton County Historical Society, which was adopted.

Senator Singleton offered Senate Resolution No. 1855, regarding the Neosho-Newton County Library, which was adopted.

Senator Singleton offered Senate Resolution No. 1856, regarding the Genealogy Friends of the Library, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1857, regarding Kerry Lee Heutel, O'Fallon, which was adopted.

On motion of Senator Quick, the Senate recessed until 2:00 p.m.

RECESS

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

PRIVILEGED MOTIONS

Senator Johnson moved that SCS for SB 501, with HS for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SCS for SB 501, as amended, was again taken up.

Senator Johnson moved that HS for HCS for SCS for SB 501, as amended, be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Goode House Howard
Jacob Johnson Lybyer Mathewson
Maxwell McKenna Quick Schneider
Scott Sims Staples Wiggins--20
NAYS--Senators
Bentley Ehlmann Flotron Graves
Kenney Kinder Klarich Mueller
Rohrbach Russell Singleton Westfall
Yeckel--13
Absent--Senator Curls--1
Absent with leave--Senators--None

On motion of Senator Johnson, HS for HCS for SCS for SB 501, as amended, was read the 3rd time and passed by the following vote:

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

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.

PRIVILEGED MOTIONS

Senator Goode moved that the Senate refuse to recede from its position on SCS for HS for HCS for HB 1161, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE REPORTS

Senator Jacob, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 778, submitted the following conference committee report:CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 778

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for Senate Bill No. 778, begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 778;

2. That the Senate recede from its position on Senate Bill No. 778;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 778 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Ken Jacob /s/ Thomas J. Hoppe
/s/ William Clay /s/ James Foley
/s/ Harold L. Caskey /s/ Henry C. Rizzo
/s/ Doyle Childers /s/ John E. Griesheimer
/s/ Walt Mueller /s/ Marilyn Edwards-Pavia


Senator Jacob moved that the above conference committee report be adopted, which motion prevailed by the following vote:

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

On motion of Senator Jacob, CCS for HCS for SB 778, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 778

An Act to repeal sections 140.250, 140.730, 141.530 and 141.550, RSMo 1994, and sections 140.405 and 301.025, RSMo Supp. 1997, relating to the procedure for collection of certain taxes, and to enact in lieu thereof six new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Quick moved that SS No. 2 for SCS for SB 632, with HS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

President Wilson assumed the Chair.

Senator Johnson assumed the Chair.

HS for SS No. 2 for SCS for SB 632, as amended, entitled:

HOUSE SUBSTITUTE FOR

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 632

An Act to amend chapter 208, RSMo, by adding thereto two new sections relating to providing health care coverage through Medicaid for certain uninsured children, with an expiration date for a certain section.

Was taken up.

Senator Wiggins assumed the Chair.

Senator Johnson assumed the Chair.

Senator Howard assumed the Chair.

Senator Quick moved that HS for SS No. 2 for SCS for SB 632, as amended, be adopted.

At the request of Senator Quick, the above motion was withdrawn.

On motion of Senator Quick, the Senate recessed until 8:00 p.m.

RECESS

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

BILL REFERRALS

President Pro Tem McKenna referred HS for HCS for HBs 1051 and 1276, with SCS; HCS for HB 1510; HS for HCS for HBs 1455 and 1463, with SCS; HB 1836, with SCS; HS for HCS for HB 971, with SCS; HS for HCS for HBs 1405, 1109 and 1335, with SCS; HS for HCS for HB 1656, with SCS; HS for HCS for HB 1434, with SCS; HCS for HB 1526, with SCS; HB 1822, with SCS; and HCS for HBs 1147, 1435, 1050, 1186 and 1108, with SCS, to the Committee on State Budget Control.

THIRD READING OF SENATE BILLS

HB 1043, with SCS, introduced by Representatives Gross and Thomason (163), entitled:

An Act relating to drivers' license numbers, with a penalty provision.

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

SCS for HB 1043, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1043

An Act relating to certain operations of government.

Was taken up.

Senator Ehlmann moved that SCS for HB 1043 be adopted, which motion prevailed.

On motion of Senator Ehlmann, SCS for HB 1043 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers DePasco
Ehlmann Flotron Goode Graves
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senator Banks--1
Absent--Senators
Clay Curls House Jacob
Maxwell--5
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1668, with SCS, introduced by Representative Hosmer, et al, entitled:

An Act to repeal section 192.1000, RSMo Supp. 1997, relating to first responder programs, 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.

Senator Staples assumed the Chair.

SCS for HB 1668, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1668

An Act to repeal section 192.1000, RSMo Supp. 1997, relating to first responder programs, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Schneider moved that SCS for HB 1668 be adopted.

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

HB 1506, introduced by Representative O'Toole, entitled:

An Act relating to certain practices by telephone companies.

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

On motion of Senator Mathewson, HB 1506 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 Mueller Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
McKenna Quick--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1476, introduced by Representative Scheve, et al, entitled:

An Act to repeal section 660.078, RSMo 1994, relating to the elderly home delivered meals trust fund, 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 Scott.

On motion of Senator Scott, HB 1476 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
Mueller Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls McKenna Quick--3
Absent with leave--Senators--None

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

HB 1928, introduced by Representative Parker, entitled:

An Act to repeal section 701.031, RSMo 1994, relating to disposal of sewage, 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 Goode.

Senator Goode moved that HB 1928 be read the 3rd time and finally passed, which motion failed to receive a constitutional majority by the following vote:

YEAS--Senators
DePasco Ehlmann Flotron Goode
House Jacob Johnson Kenney
Mathewson Wiggins--10
NAYS--Senators
Caskey Childers Graves Howard
Kinder Klarich Lybyer Maxwell
Mueller Rohrbach Russell Scott
Sims Singleton Staples Westfall
Yeckel--17
Absent--Senators
Banks Bentley Clay Curls
McKenna Quick Schneider--7
Absent with leave--Senators--None

HB 1148, introduced by Representative Rizzo, entitled:

An Act to repeal sections 319.129, 319.131 and 319.133, RSMo Supp. 1997, relating to the petroleum storage tank insurance fund, and to enact in lieu thereof three new sections relating to the same subject.

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

On motion of Senator Caskey, HB 1148 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
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--Senators
Clay Curls Quick--3
Absent with leave--Senators--None

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 Wiggins moved that motion lay on the table, which motion prevailed.

HB 1216, introduced by Representative Monaco, entitled:

An Act to repeal sections 351.604, 355.716 and 355.813, RSMo 1994, relating to reinstatement of corporations, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

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

On motion of Senator Wiggins, HB 1216 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

HB 1907, with SCS, introduced by Representative Lakin, entitled:

An Act to repeal section 660.317, RSMo Supp. 1997, relating to criminal background checks for health care employees, 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 Caskey.

SCS for HB 1907, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1907



An Act to repeal section 660.317, RSMo Supp. 1997, relating to criminal background checks for health care employees, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for HB 1907 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HB 1907 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Curls--1
Absent with leave--Senators--None

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 Schneider moved that motion lay on the table, which motion prevailed.

HB 1226, introduced by Representative May (108th), entitled:

An Act to repeal section 211.331, RSMo 1994, relating to detention facilities in counties of the first and second classification, 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 1226 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 Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

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

HB 1880, with SCS, introduced by Representative Hickey, entitled:

An Act relating to certain motor vehicle equipment.

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

SCS for HB 1880, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1880

An Act to repeal section 301.140, RSMo Supp. 1997, and to enact in lieu thereof two new sections relating to motor vehicles, with an effective date for a certain section.

Was taken up.

Senator Schneider moved that SCS for HB 1880 be adopted, which motion prevailed.

President Pro Tem McKenna assumed the Chair.

Senator Schneider moved that SCS for HB 1880 be read the 3rd time and finally passed.

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

PRIVILEGED MOTIONS

Senator Quick moved that SS No. 2 for SCS for SB 632, with HS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for SS No. 2 for SCS for SB 632, as amended, was again taken up.

Senator Quick moved that HS for SS No. 2 for SCS for SB 632, as amended, be adopted.

Senator Ehlmann submitted the following substitute motion:

"I move that the Senate refuse to concur in HS for SS No. 2 for SCS for SB 632, as amended, and request that the House grant a conference thereon.

I further move that the conferees be bound to adopt the following amendment:

Amend said bill, page 2, section 208.185, line 12, of said page, by striking the word "available" and inserting in lieu thereof the following: "gross"; and

Further amend said bill and section, page 4, lines 20 to 22, of said page, by striking all of said lines; and further amend said bill and section, page 5, lines 1 and 2, of said page, by striking all of said lines and inserting in lieu thereof the following:

"7. There shall be a thirty day waiting period after enrollment for uninsured children in families with a gross income of more than two hundred percent of the federal poverty level before the child becomes eligible for insurance under the provisions under this act. If the parent or guardian with a gross income of more than two hundred percent of the federal poverty level does not make the copayment or premium payment required in this section, the child shall not be eligible for coverage under this act for six months after the department provides notice of such failure to the parent or guardian.";

and further that the conferees be instructed to reject House Amendment No. 2.".

Senator Ehlmann moved that the above substitute motion be adopted.

Senator Ehlmann offered SA 1 to the substitute motion:

SENATE AMENDMENT NO. 1

Amend the substitute motion, Line 22, by inserting at the end of said line the following: "and

Further amend said bill, Page 7, Section 208.185, Line 11 of said page, by inserting immediately after all of said line the following:

"12. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of 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 act shall be interpreted to repeal or affect the validity of any rule adopted and 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 Ehlmann moved that the above amendment be adopted, which motion prevailed.

Senator Ehlmann moved that the substitute motion, as amended, be adopted.

Senator Maxwell requested a roll call vote be taken on the substitute motion, as amended, and was joined in his request by Senators Ehlmann, Mathewson, Singleton and Westfall.

The substitute motion, as amended, was adopted by the following vote:

YEAS--Senators
Bentley Caskey Childers DePasco
Ehlmann Flotron Goode Graves
House Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators
Banks Curls Howard Lybyer--4
Absent--Senator Clay--1
Absent with leave--Senators--None


HOUSE BILLS ON THIRD READING

HB 987, with SCS, introduced by Representative Richardson, entitled:

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

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

SCS for HB 987, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 987

An Act to repeal section 451.100, RSMo 1994, and section 451.040, RSMo Supp. 1997, relating to applications for marriage licenses, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for HB 987 be adopted, which motion prevailed.

Senator Staples assumed the Chair.

On motion of Senator Caskey, SCS for HB 987 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
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
Clay Quick Schneider--3
Absent with leave--Senators--None

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

HB 1856, introduced by Representative Hosmer, entitled:

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

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

On motion of Senator Caskey, HB 1856 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
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--32
NAYS--Senators--None
Absent--Senators
Clay Quick--2
Absent with leave--Senators--None

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

HB 1862, with SCAs 1 and 2, introduced by Representatives Crawford and Pryor, entitled:

An Act to amend chapter 60, RSMo, relating to land surveys by adding thereto one new section relating to the same subject, with penalty provisions.

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

SCA 1 was taken up.

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

SCA 2 was taken up.

Senator Russell moved that the above amendment be adopted, which motion failed.

On motion of Senator Russell, HB 1862, 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
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senator Howard--1
Absent--Senators--None
Absent with leave--Senators--None

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

HB 1600, introduced by Representatives Williams (159) and Legan, entitled:

An Act to repeal sections 266.160, 266.165 and 266.185, RSMo Supp. 1997, relating to the commercial feed law, and to enact in lieu thereof three new sections relating to the same subject.

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

On motion of Senator Johnson, HB 1600 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 Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Quick--1
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 Ehlmann moved that motion lay on the table, which motion prevailed.

HB 1587, introduced by Representatives Luetkenhaus and Ostmann, entitled:

An Act to repeal section 67.1000, as enacted by conference committee substitute for senate committee substitute for house committee substitute for house bill no. 3 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, relating to local tourism taxes of municipalities and other political subdivisions, 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 Ehlmann.

On motion of Senator Ehlmann, HB 1587 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

HB 1905, introduced by Representatives Green and Kreider, entitled:

An Act to repeal sections 184.810 and 184.840, RSMo Supp. 1997, relating to museum districts, and to enact in lieu thereof three new sections relating to the same subject.

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

On motion of Senator Childers, HB 1905 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Childers Clay Curls
DePasco Flotron Goode Graves
House Howard Jacob Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Rohrbach
Russell Scott Singleton Staples
Westfall Wiggins Yeckel--27
NAYS--Senator Caskey--1
Absent--Senators
Banks Ehlmann Johnson Quick
Schneider Sims--6
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1157, introduced by Representatives McClelland and Hosmer, entitled:

An Act to repeal sections 26.609 and 26.614, RSMo 1994, relating to the community service commission, 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 Maxwell.

On motion of Senator Maxwell, HB 1157 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Rohrbach Russell Scott
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Banks Ehlmann Quick Schneider
Sims--5
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1847, introduced by Representative Kreider, entitled:

An Act to repeal section 321.690, RSMo 1994, relating to fire protection district audits, 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 Childers.

On motion of Senator Childers, HB 1847 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 Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HCS for HB 1189, with SCA 1, entitled:

An Act to repeal sections 408.036 and 408.500, RSMo 1994, relating to credit transactions, and to enact in lieu thereof three new sections relating to the same subject.

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

SCA 1 was taken up.

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

Senator Flotron moved that HCS for HB 1189, as amended, be read the 3rd time and passed.

At the request of Senator Flotron, the above motion was withdrawn.

HB 1859, with SCS, introduced by Representative Thomason, entitled:

An Act to repeal section 263.527, RSMo Supp. 1997, relating to boll weevil eradication, 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 Howard.

SCS for HB 1859, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1859

An Act to repeal sections 263.527 and 263.537, RSMo Supp. 1997, relating to cotton growers assessments, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Howard moved that SCS for HB 1859 be adopted, which motion prevailed.

On motion of Senator Howard, SCS for HB 1859 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 Quick Rohrbach Russell
Schneider Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Mueller Scott--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1918, with SCS, introduced by Representative Lograsso, et al, entitled:

An Act to repeal section 566.023, RSMo 1994, relating to affirmative defenses to sexual offenses, 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 Caskey.

SCS for HB 1918, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1918

An Act to repeal sections 105.271, 566.023, RSMo 1994, and sections 453.010, 453.015, 453.030, 453.040, 453.070, 453.075, 453.077, 453.080 and 453.170, RSMo Supp. 1997, relating to domestic relations, and to enact in lieu thereof sixteen new sections relating to the same subject, with an effective date for a certain section.

Was taken up.

Senator Caskey moved that SCS for HB 1918 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HB 1918 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 Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Banks Lybyer--2
Absent with leave--Senators--None

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

HB 1837, introduced by Representative Hollingsworth, entitled:

An Act to repeal section 139.031, RSMo 1994, relating to property tax assessments, and to enact in lieu thereof one new section relating to the same subject, with an effective date.

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

On motion of Senator McKenna, HB 1837 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 Mathewson Maxwell McKenna
Mueller Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Lybyer Quick--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1066, with SCS, introduced by Representative Clayton, entitled:

An Act to amend chapter 400, RSMo, relating to the uniform commercial code by adding thereto one new section relating to the same subject.

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

SCS for HB 1066, entitled:

SENATE COMMITTEE SUBSTITUTE FOR



HOUSE BILL NO. 1066

An Act to repeal section 400.9-313, RSMo 1994, relating to security interests in fixtures, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Wiggins moved that SCS for HB 1066 be adopted, which motion prevailed.

President Pro Tem McKenna assumed the Chair.

On motion of Senator Wiggins, SCS for HB 1066 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 Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks Clay Mueller Quick--4
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1301, with SCA 1, introduced by Representative Campbell, entitled:

An Act to repeal sections 136.365 and 136.370, RSMo 1994, relating to taxation, 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 Wiggins.

SCA 1 was taken up.

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

On motion of Senator Wiggins, HB 1301, as amended, 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 Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Clay Mueller--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1531, introduced by Representative Hoppe, entitled:

An Act to repeal section 140.730, RSMo 1994, relating to the collection of personal property taxes, 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 Jacob.

Senator Staples assumed the Chair.

On motion of Senator Jacob, HB 1531 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 Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Clay Mueller--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1744, introduced by Representative Akin, entitled:

An Act to repeal section 513.430, RSMo 1994, relating to property exempt from attachment, 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 Flotron.

On motion of Senator Flotron, HB 1744 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Curls
DePasco Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Banks Clay Ehlmann Mueller
Quick--5
Absent with leave--Senators--None

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

HB 1033, introduced by Representatives Franklin and Leake, entitled:

An Act to repeal sections 70.660 and 70.676, RSMo 1994, and section 70.675, RSMo Supp. 1997, relating to the Missouri local government employees' retirement system, and to enact in lieu thereof three new sections relating to the same subject.

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

On motion of Senator Johnson, HB 1033 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Curls
DePasco Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks Clay Ehlmann Mueller--4
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 Caskey moved that motion lay on the table, which motion prevailed.

HB 1599, with SCS, introduced by Representative Clayton, entitled:

An Act to repeal section 50.1100, RSMo 1994, and section 50.1110, RSMo Supp. 1997, relating to the county employees' retirement system, 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 1599, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1599

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

Was taken up.

Senator Caskey moved that SCS for HB 1599 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HB 1599 was read the 3rd time and passed by the following vote:

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

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

HB 1791, with SCAs 1, 2, and 3, introduced by Representative Clayton, et al, entitled:

An Act relating to the creation of the mid-America port authority, with an emergency clause.

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

SCA 1 was taken up.

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

SCA 2 was taken up.

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

SCA 3 was taken up.

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

On motion of Senator Maxwell, HB 1791, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.





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

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

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

HB 1272, with SCS, introduced by Representatives Holand and Wooten, entitled:

An Act to repeal section 162.471, RSMo 1994, relating to school boards, 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 Bentley.

SCS for HB 1272, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1272

An Act to repeal sections 162.471 and 162.481, RSMo 1994, relating to school boards, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Bentley moved that SCS for HB 1272 be adopted, which motion prevailed.

On motion of Senator Bentley, SCS for HB 1272 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 Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Clay Mueller--3
Absent with leave--Senators--None

The President 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.

REPORTS OF STANDING COMMITTEES

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HCS for HB 1891, begs leave to report that it has considered the same and recommends that the bill do pass.

RESOLUTIONS

Senators House and Ehlmann offered Senate Resolution No. 1858, regarding the Wentzville High School Math Team, which was adopted.



INTRODUCTIONS OF GUESTS

Senator Russell introduced to the Senate, Miss Missouri U.S.A., Melanie Breedlove, and her mother, Beverly Breedlove, Mountain Grove.

Senator Ehlmann introduced to the Senate, the Physician of the Day, Dr. Kevin Threlkeld, M.D., Lake St. Louis.

Senator Howard introduced to the Senate, Davis Minton, Dexter.

Senator Yeckel introduced to the Senate, former State Senator Irene Treppler and her granddaughter, Lauren Treppler; and students from Kennerly Elementary School, St. Louis; and Lauren, Bonnie Lenzen, Brad Kulifay, Clayton Prewitt and Claire Riassetto were made honorary pages.

On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Thursday, May 7, 1998.