Journal of the Senate

SECOND REGULAR SESSION


SIXTY-SIXTH DAY--THURSDAY, MAY 7, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, John in his third epistle wrote, "I have no greater joy than that my children walk in truth." Our children didn't come with a "how to raise them" kit. We make a lot of mistakes with them. Grant to us the wisdom to know how to make our world a safe and happy place for our children. Give to us courage to set an example we would want them to follow. 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.


CONCURRENT RESOLUTIONS

Senator Westfall offered the following concurrent resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE CONCURRENT RESOLUTION NO. 44

WHEREAS, Japan's policies to restrict market access have perpetuated chronic and seemingly intractable trade deficit with the United States for more than three decades; and

WHEREAS, for many years, the United States Trade Representative has reported in the National Trade Estimate Report on numerous barriers to United States exports in the Japanese market; and

WHEREAS, the World Trade Organization agreements do not provide a current basis to address the systematic Japanese barriers to the United States exports; and

WHEREAS, the United States Trade Representative has been engaged for several years in an intensive investigation of the Japanese distribution system and its impact on United States exports; and

WHEREAS, Japan's denial of unrestricted market access to United States exports through its closed distribution system injures companies and workers in this state;

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the Eighty-ninth General Assembly, Second Regular Session, the Missouri House of Representatives concurring therein, that the federal government take all necessary and appropriate action to ensure that Japan establishes and maintains an open and competitive market for United States exports; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to send a copy of this resolution to the Missouri delegation in the United States House of Representatives and the United States Senate, the Secretary of the United States Department of Commerce and the President of the United States.

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 Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HB 1052: Representatives: Ford, Reynolds, Daniels (41), Richardson and Wannenmacher.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 26.

HOUSE CONCURRENT RESOLUTION NO. 26

WHEREAS, James Patrick Mulvaney richly deserves a special tribute for his commitment and hard work for the rights of, and services for, the mentally disabled citizens of Missouri, as well as, for his long distinguished career of public service; and

WHEREAS, Jim Mulvaney's political life began when he was elected Alderman for Flordell Hills in St. Louis County, where he served for six years; and

WHEREAS, Jim was elected to the House of Representatives in 1966 and was reelected for four more terms; and during his tenure as a legislator, Jim's extraordinary service as chairman of the Consumer Protection Committee and as a member of the Judiciary and Workmen's Committees earned him recognition from the St. Louis Globe-Democrat with the award for Meritorious Public Service; and

WHEREAS, the St. Louis State School and Hospital has been a significant part of Jim's life as he worked tirelessly with the St. Louis State School and Hospital's Parents Association and the Department of Mental Health to pass mental health legislation, obtain additional funding for mental health facilities and improve the St. Louis State School and Hospital; and

WHEREAS, in 1973 Jim sponsored the milestone legislation, House Bill 474, which required public schools to provide to all handicapped and severely handicapped children up to twenty-one years of age, as an integral part of Missouri's system of gratuitous education, special educational services sufficient to meet the needs and maximize the capabilities of handicapped and severely handicapped children; and

WHEREAS, Governor Christopher S. Bond appointed Jim to the Public Service Commission in 1975 and in 1977, Governor Joseph P. Teasdale named him Chairman of the Commission, where his service on the Commission earned him recognition as "Champion of the Little Guys"; and

WHEREAS, in 1978, Jim was selected by President Jimmy Carter to work for the United States Department of Labor in Kansas City where he was instrumental in developing the Job Corps program, that provides job training for underprivileged youth; and

WHEREAS, since 1981 Jim has been employed as a lobbyist, first for the Bi-State Transit System and more recently as an independent lobbyist working for several health management organizations and the Missouri Credit Union League; and

WHEREAS, James P. Mulvaney has positively touched the lives of countless Missourians through his long tenure of public service:

NOW, THEREFORE, BE IT RESOLVED, that in tribute and respect for Jim's efforts on behalf of the mentally disabled citizens of Missouri, the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, Second Regular Session, the Senate concurring therein, hereby declare that the Christy Apartment Building of the Bellefontaine Habilitation Center located at 10695 Bellefontaine Road, St. Louis, Missouri, shall hereinafter be known as the James P. Mulvaney Apartments; and

BE IT FURTHER RESOLVED that the Office of Administration shall be instructed to make appropriate changes to all printed materials and signs to reflect this action in commemoration of this great Missourian; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Office of Administration, the Department of Mental Health and James P. Mulvaney.

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 HCS for HBs 1681 and 1342, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for SCS for HS for HCS for HB 1095, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1009 and has taken up and passed CCS for SCS for HCS for HB 1009.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1010 and has taken up and passed CCS for SCS for HCS for HB 1010.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HS for HCS for HB 1161, as amended: Representatives: Wiggins, Relford, Ransdall, Crawford and Howerton.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 761, entitled:

An Act to repeal sections 169.322 and 169.350, RSMo 1994, and sections 169.270, 169.291, 169.324, 169.326, 169.328 and 169.597, RSMo Supp. 1997, relating to certain school retirement systems, and to enact in lieu thereof eight new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SCS for SB 722, entitled:

An Act relating to the use of genetic information and testing and domestic violence status for insurance purposes, with penalty provisions.

With House Amendments Nos. 1, 2 and 3.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 1, In the Title, Line 2 of said page, by deleting the word "Relating" and inserting in lieu thereof the following: "To repeal section 595.105, RSMo 1994, and to enact in lieu thereof six new sections relating"; and

Further amend said bill, Page 1, Section 1, Line 7 of said page, by inserting before said line, the following:

"Section A. Section 595.105, RSMo 1994, is repealed and six new sections enacted in lieu thereof, to be known as sections 595.105, 1, 2, 3, 4 and 5, to read as follows:

595.105. Notwithstanding the provisions of subsection 1 of section 595.055 to the contrary, the director may allocate and distribute money in the fund to provide financial assistance to shelters for victims of domestic violence, and agencies that provide domestic violence or sexual assault direct services, emergency services, crisis intervention and victim advocacy.".

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 8, Section 5, Line 21 of said page, by inserting after all of said lines the following:

"Section 6. Sections 6 to 15 of this act apply to all group and individual life insurance policies and certificates except:

(1) Variable life insurance;

(2) Individual and group annuity contracts;

(3) Credit life insurance;

(4) Policies written by a company with less than twenty-five million dollars in annual direct written life insurance premiums;

(5) Life insurance policies with no illustrated death benefits on any individual exceeding ten thousand dollars;

(6) Life insurance policies containing guaranteed elements exclusively; or

(7) Single premium policies.

Section 7. As used in sections 6 to 15 of this act, the following terms shall mean:

(1) "Actuarial standards board", the board established by the American Academy of Actuaries to develop and promulgate standards of actuarial practice;

(2) "Contract premium", the gross premium that is required to be paid under a fixed premium policy, including the premium for a rider for which benefits are shown in the illustration;

(3) "Currently payable scale", a scale of nonguaranteed elements in effect for a policy form as of the preparation date of the illustration or declared to become effective within the next ninety-five days;

(4) "Disciplined current scale", a scale of nonguaranteed elements constituting a limit on illustrations currently being illustrated by an insurer that is reasonably based on actual recent historical experience, as certified annually by an illustration actuary designated by the insurer. Further guidance in determining the disciplined current scale as contained in standards established by the actuarial standards board may be relied upon if the standards:

(a) Are consistent with sections 6 to 15 of this act;

(b) Limit a disciplined current scale to reflect only actions that have already been taken or events that have already occurred;

(c) Do not permit a disciplined current scale to include any projected trends of improvements in experience or any assumed improvements in experience beyond the illustration date; and

(d) Do not permit assumed expenses to be less than minimum assumed expenses;

(5) "Generic name", a short title descriptive of the policy being illustrated such as "whole life", "term life" or "flexible premium adjustable life";

(6) "Guaranteed elements", the premiums, benefits, values, credits or charges under a policy of life insurance that are guaranteed and determined at issue;

(7) "Illustrated scale", a scale of nonguaranteed elements currently being illustrated that is not more favorable to the policy owner than the lesser of:

(a) The disciplined current scale; or

(b) The currently payable scale;

(8) "Illustration", a presentation or depiction that includes nonguaranteed elements of a policy of life insurance over a period of years and that is one of the three types defined below:

(a) "Basic illustration", a ledger or proposal used in the sale of a life insurance policy that shows both guaranteed and nonguaranteed elements;

(b) "Supplemental illustration", an illustration furnished in addition to a basic illustration that meets the applicable requirements of sections 6 to 15 of this act, and that may be presented in a format differing from the basic illustration, but may only depict a scale of nonguaranteed elements that is permitted in a basic illustration;

(c) "In force illustration", an illustration furnished at any time after the policy that it depicts has been in force for one year or more;

(9) "Illustration actuary", an actuary meeting the requirements of section 14 of this act who certifies to illustrations based on the standard practice promulgated by the actuarial standards board;

(10) "Lapse-supported illustration", an illustration of a policy form failing the test of self-supporting illustration as defined in subdivision (16) of this section, under a modified persistency rate assumption using persistency rates underlying the disciplined current scale for the first five years and one hundred percent policy persistency thereafter;

(11) "Minimum assumed expenses", the minimum expenses that may be used in the calculation of the disciplined current scale for a policy form. The insurer may choose to designate each year the method of determining assumed expenses for all policy forms from the following:

(a) Fully allocated expenses;

(b) Marginal expenses; and

(c) A generally recognized expense table on fully allocated expenses representing a significant portion of insurance companies and approved by the National Association of Insurance Commissioners.

Marginal expenses may be used only if greater than a generally recognized expense table. If no generally recognized expense table is approved, fully allocated expenses shall be used;

(12) "Nonguaranteed elements", the premiums, benefits, values, credits or charges under a policy of life insurance that are not guaranteed or not determined at issue;

(13) "Nonterm group life", a group policy or individual policies of life insurance issued to members of an employer group or other permitted group where:

(a) Every plan of coverage was selected by the employer or other group representative;

(b) Some portion of the premium is paid by the group or through payroll deduction; and

(c) Group underwriting or simplified underwriting is used;

(14) "Policy owner", the owner named in the policy or the certificate holder in the case of a group policy;

(15) "Premium outlay", the amount of premium assumed to be paid by the policy owner or other premium payer out-of-pocket;

(16) "Self-supporting illustration", an illustration of a policy form for which it can be demonstrated that, when using experience assumptions underlying the disciplined current scale, for all illustrated points in time on or after the fifteenth policy anniversary or the twentieth policy anniversary for second-or-later-to-die policies, or upon policy expiration if sooner, the accumulated value of all policy cash flows equals or exceeds the total policy owner value available. For this purpose, policy owner value shall include cash surrender values and any other illustrated benefit amounts available at the policy owner's election.

Section 8. 1. Each insurer marketing policies to which sections 6 to 15 of this act are applicable shall notify the director of the department of insurance whether a policy form is to be marketed with or without an illustration. For all policy forms being actively marketed on August 28, 1998, the insurer shall identify in writing those forms and whether or not an illustration will be used with them. For policy forms filed after August 28, 1998, the identification shall be made at the time of filing. Any previous identification may be changed by notice to the director of the department of insurance.

2. If the insurer identifies a policy form as one to be marketed without an illustration, any use of an illustration for any policy using that form prior to the first policy anniversary is prohibited.

3. If a policy form is identified by the insurer as one to be marketed with an illustration, a basic illustration prepared and delivered in accordance with sections 6 to 15 of this act is required, except that a basic illustration need not be provided to individual members of a group or to individuals insured under multiple lives coverage issued to a single applicant unless the coverage is marketed to these individuals. The illustration furnished an applicant for a group life insurance policy or policies issued to a single applicant on multiple lives may be either an individual or composite illustration representative of the coverage on the lives of members of the group or the multiple lives covered.

4. Potential enrollees of nonterm group life subject to sections 6 to 15 of this act shall be furnished a quotation with the enrollment materials. The quotation shall show potential policy values for sample ages and policy years on a guaranteed and nonguaranteed basis appropriate to the group and the coverage. This quotation shall not be considered an illustration for purposes of sections 6 to 15 of this act, but all information provided shall be consistent with the illustrated scale. A basic illustration shall be provided at delivery of the certificate to enrollees for nonterm group life who enroll for more than the minimum premium necessary to provide pure death benefit protection. In addition, the insurer shall make a basic illustration available to any nonterm group life enrollee who requests it.

Section 9. 1. An illustration used in the sale of a life insurance policy shall satisfy the applicable requirements of sections 6 to 15 of this act, be clearly labeled "life insurance illustration" and contain the following basic information:

(1) Name of insurer;

(2) Name and business address of producer or insurer's authorized representative, if any;

(3) Name, age and sex of proposed insured, except where a composite illustration is permitted pursuant to sections 6 to 15 of this act;

(4) Underwriting or rating classification upon which the illustration is based;

(5) Generic name of policy, the company product name, if different, and form number;

(6) Initial death benefit; and

(7) Dividend option election or application of nonguaranteed elements, if applicable.

2. When using an illustration in the sale of a life insurance policy, an insurer or its producers or other authorized representatives shall not:

(1) Represent the policy as anything other than a life insurance policy;

(2) Use or describe nonguaranteed elements in a manner that is misleading or has the capacity or tendency to mislead;

(3) State or imply that the payment or amount of nonguaranteed elements is guaranteed;

(4) Use an illustration that does not comply with the requirements of sections 6 to 15 of this act;

(5) Use an illustration that at any policy duration depicts policy performance more favorable to the policy owner than that produced by the illustrated scale of the insurer whose policy is being illustrated;

(6) Provide an applicant with an incomplete illustration;

(7) Represent in any way that premium payments will not be required for each year of the policy in order to maintain the illustrated death benefits, unless that is the fact;

(8) Use the term "vanish" or "vanishing premium", or a similar term that implies the policy becomes paid up, to describe a plan for using nonguaranteed elements to pay a portion of future premiums;

(9) Except for policies that can never develop nonforfeiture values, use an illustration that is "lapse-supported"; or

(10) Use an illustration that is not "self-supporting".

3. If an interest rate used to determine the illustrated nonguaranteed elements is shown, it shall not be greater than the earned interest rate underlying the disciplined current scale.

Section 10. 1. A basic illustration shall conform with the following requirements:

(1) The illustration shall be labeled with the date on which it was prepared;

(2) Each page, including any explanatory notes or pages, shall be numbered and show its relationship to the total number of pages in the illustration;

(3) The assumed dates of payment receipt and benefit pay-out within a policy year shall be clearly identified;

(4) If the age of the proposed insured is shown as a component of the tabular detail, it shall be issue age plus the numbers of years the policy is assumed to have been in force;

(5) The assumed payments on which the illustrated benefits and values are based shall be identified as premium outlay or contract premium, as applicable. For policies that do not require a specific contact premium, the illustrated payments shall be identified as premium outlay;

(6) Guaranteed death benefits and values available upon surrender, if any, for the illustrated premium outlay or contract premium shall be shown and clearly labeled guaranteed;

(7) If the illustration shows any nonguaranteed elements, they cannot be based on a scale more favorable to the policy owner than the insurer's illustrated scale at any duration. These elements shall be clearly labeled nonguaranteed;

(8) The guaranteed elements, if any, shall be shown before corresponding nonguaranteed elements and shall be specifically referred to on any page of an illustration that shows or describes only the nonguaranteed elements;

(9) The account or accumulation value of a policy, if shown, shall be identified by the name this value is given in the policy being illustrated and shown in close proximity to the corresponding value available upon surrender;

(10) The value available upon surrender shall be identified by the name this value is given in the policy being illustrated and shall be the amount available to the policy owner in a lump sum after deduction of surrender charges, policy loans and policy loan interest as applicable;

(11) Illustrations may show policy benefits and values in graphic or chart form in addition to the tabular form;

(12) Any illustration of nonguaranteed elements shall be accompanied by a statement indicating that:

(a) The benefits and values are not guaranteed;

(b) The assumptions on which they are based subject to change by the insurer; and

(c) Actual results may be more or less favorable;

(13) If the illustration shows that the premium payer may have the option to allow policy charges to be paid using nonguaranteed values, the illustration shall clearly disclose that a charge continues to be required and that, depending on actual results, the premium payer may need to continue or resume premium outlays. Similar disclosure shall be made for premium outlay of lesser amounts or shorter durations than the contract premium. If a contract premium is due, the premium outlay display shall not be left blank or show zero unless accompanied by an asterisk or similar mark to draw attention to the fact that the policy is not paid up;

(14) If the applicant plans to use dividends or policy values, guaranteed or nonguaranteed, to pay all or a portion of the contract premium or policy charges, or for any other purpose, the illustration may reflect those plans and the impact on future policy benefits and values.

2. A basic illustration shall include the following:

(1) A brief description of the policy being illustrated, including a statement that it is a life insurance policy;

(2) A brief description of the premium outlay or contract premium, as applicable, for the policy. For a policy that does not require payment of a specific contract premium, the illustration shall show the premium outlay that shall be paid to guarantee coverage for the term of the contract, subject to maximum premiums allowable to qualify as a life insurance policy pursuant to the applicable provisions of the Internal Revenue Code;

(3) A brief description of any policy features, riders or options, guaranteed or nonguaranteed, shown in the basic illustration and the impact they may have on the benefits and values of the policy;

(4) Identification and a brief definition of column headings and key terms used in the illustration; and

(5) A statement containing in substance the following: "This illustration assumes that the currently illustrated nonguaranteed elements will continue unchanged for all years shown. This is not likely to occur, and actual results may be more or less favorable than those shown.".

3. Following the narrative summary, a basic illustration shall include a numeric summary of the death benefits and values and the premium outlay and contract premium, as applicable. For a policy that provides for a contract premium, the guaranteed death benefits and values shall be based on the contract premium. This summary shall be shown for at least policy years five, ten and twenty and at age seventy, if applicable, on the three bases shown in subdivisions (1) to (3) of this subsection. For multiple life policies the summary shall show policy years five, ten, twenty and thirty.

(1) Policy guarantees;

(2) Insurer's illustrated scale;

(3) Insurer's illustrated scale used but with the nonguaranteed elements reduced as follows:

(a) Dividends at fifty percent of the dividends contained in the illustrated scale used;

(b) Nonguaranteed credited interest at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used; and

(c) All nonguaranteed charges, including but not limited to, term insurance charges, mortality and expense charges, at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used.

In addition, if coverage would cease prior to policy maturity or age one hundred, the year in which coverage ceases shall be identified for each of the three bases.

4. Statements substantially similar to the following shall be included on the same page as the numeric summary and signed by the applicant, or the policy owner in the case of an illustration provided at time of delivery, as required in sections 6 to 15 of this act:

(1) A statement to be signed and dated by the applicant or policy owner reading as follows: "I have received a copy of this illustration and understand that any nonguaranteed elements illustrated are subject to change and could be either higher or lower. The agent has told me they are not guaranteed."; and

(2) A statement to be signed and dated by the insurance producer or other authorized representative of the insurer reading as follows: "I certify that this illustration has been presented to the applicant and that I have explained that any nonguaranteed elements illustrated are subject to change. I have made no statements that are inconsistent with the illustration.".

5. (1) A basic illustration shall include the following for at least each policy year from one to ten and for every fifth policy thereafter ending at age one hundred, policy maturity or final expiration; and except for term insurance beyond the twentieth year, for any year in which the premium outlay and contract premium, if applicable, is to change:

(a) The premium outlay and mode the applicant plans to pay and the contract premium, as applicable;

(b) The corresponding guaranteed death benefit, as provided in the policy; and

(c) The corresponding guaranteed value available upon surrender, as provided in the policy.

(2) For a policy that provides for a contract premium, the guaranteed death benefit and value available upon surrender shall correspond to the contract premium.

(3) Nonguaranteed elements may be shown if described in the contract. In the case of an illustration for a policy on which the insurer intends to credit terminal dividends, they may be shown if the insurer's current practice is to pay terminal dividends. If any nonguaranteed elements are shown, they shall be shown at the same durations as the corresponding guaranteed elements, if any. If no guaranteed benefit or value is available at any duration for which a nonguaranteed benefit or value is shown, a zero shall be displayed in the guaranteed column.

Section 11. 1. A supplemental illustration may be provided so long as:

(1) It is appended to, accompanied by or preceded by a basic illustration that complies with sections 6 to 15 of this act;

(2) The nonguaranteed elements shown are not more favorable to the policy owner than the corresponding elements based on the scale used in the basic illustration;

(3) It contains the same statement required of a basic illustration that nonguaranteed elements are not guaranteed; and

(4) For a policy that has a contract premium, the contract premium underlying the supplemental illustration is equal to the contract premium shown in the basic illustration. For policies that do not require a contract premium, the premium outlay underlying the supplemental illustration shall be equal to the premium outlay shown in the basic illustration.

2. The supplemental illustration shall include a notice referring to the basic illustration for guaranteed elements and other important information.

Section 12. 1. (1) If a basic illustration is used by an insurance producer or other authorized representative of the insurer in the sale of a life insurance policy and the policy is applied for as illustrated, a copy of that illustration, signed in accordance with sections 6 to 15 of this act, shall be submitted to the insurer at the time of policy application. A copy also shall be provided to the applicant.

(2) If the policy is issued other than as applied for, a revised basic illustration conforming to the policy as issued shall be sent with the policy. The revised illustration shall conform to the requirements of sections 6 to 15 of this act, shall be labeled "Revised Illustration" and shall be signed and dated by the applicant or policy owner and producer or other authorized representative of the insurer no later than the time the policy is delivered. A copy shall be provided to the insurer and the policy owner.

2. (1) If no illustration is used by an insurance producer or other authorized representative in the sale of a life insurance policy or if the policy is applied for other than as illustrated, the producer or representative shall certify to that effect in writing on a form provided by the insurer. On the same form the applicant shall acknowledge that no illustration conforming to the policy applied for was provided and shall further acknowledge an understanding that an illustration conforming to the policy as issued will be provided no later than at the time of policy delivery. This form shall be submitted to the insurer at the time of policy application.

(2) If the policy is issued, a basic illustration conforming to the policy as issued shall be sent with the policy and signed no later than the time the policy is delivered. A copy shall be provided to the insurer and the policy owner.

3. If the basic illustration or revised illustration is sent to the applicant or policy owner by mail from the insurer, it shall include instructions for the applicant or policy owner to sign the duplicate copy of the numeric summary page of the illustration for the policy issued and return the signed copy to the insurer. The insurer's obligation pursuant to this subsection shall be satisfied if it can demonstrate that it has made a diligent effort to secure a signed copy of the numeric summary page. The requirement to make a diligent effort shall be deemed satisfied if the insurer includes in the mailing a self-addressed postage prepaid envelope with instructions for the return of the signed numeric summary page.

4. A copy of the basic illustration and a revised basic illustration, if any, signed as applicable, along with any certification that either no illustration was used or that the policy was applied for other than as illustrated, shall be retained by the insurer until three years after the policy is no longer in force. A copy need not be retained if no policy is issued.

Section 13. 1. In the case of a policy designated as one for which illustrations will be used, the insurer shall provide each policy owner with an annual report on the status of the policy that shall contain at least the following information:

(1) For universal life policies, the report shall include the following:

(a) The beginning and end date of the current report period;

(b) The policy value at the end of the previous report period and at the end of the current report period;

(c) The total amounts that have been credited or debited to the policy value during the current report period, identifying each by type (e.g., interest, mortality, expense and riders);

(d) The current death benefit at the end of the current report period on each life covered by the policy;

(e) The net cash surrender value of the policy as of the end of the current report period;

(f) The amount of outstanding loans, if any, as of the end of the current report period; and

(g) For fixed premium policies if, assuming guaranteed interest, mortality and expense loads and continued scheduled premium payments, the policy's net cash surrender value is such that it would not maintain insurance in force until the end of the next reporting period, a notice to this effect shall be included in the report; or

(h) For flexible premium policies if, assuming guaranteed interest, mortality and expense loads, the policy's net cash surrender value will not maintain insurance in force until the end of the next reporting period unless further premium payments are made, a notice to this effect shall be included in the report.

(2) For all other policies, where applicable:

(a) Current death benefit;

(b) Annual contract premium;

(c) Current cash surrender value;

(d) Current dividend;

(e) Application of current dividend; and

(f) Amount of outstanding loan.

(3) Insurers writing life insurance policies that do not build nonforfeiture values shall only be required to provide an annual report with respect to these policies for those years when a change has been made to nonguaranteed policy elements by the insurer.

2. If the annual report does not include an in-force illustration, it shall contain the following notice displayed prominently: "IMPORTANT POLICY OWNER NOTICE: You should consider requesting more detailed information about your policy to understand how it may perform in the future. You should not consider replacement of your policy or make changes in your coverage without requesting a current illustration. You may annually request, without charge, such an illustration by calling . . . . . . . . . . . (insurer's phone number), writing to . . . . . . . . . (insurer's name) at . . . . . . . . . . . . . (insurer's address) or contacting your agent. If you do not receive a current illustration of your policy within thirty days from your request, you should contact your state insurance department." The insurer may vary the sequential order of the methods for obtaining an in-force illustration.

3. Upon the request of the policy owner, the insurer shall furnish an in-force illustration of current and future benefits and values based on the insurer's present illustrated scale. This illustration shall comply with the requirements of subsections 1 and 2 of section 9 of this act and subsections 1 and 5 of section 10 of this act. No signature or other acknowledgment of receipt of this illustration shall be required.

4. If an adverse change in nonguaranteed elements that could affect the policy has been made by the insurer since the last annual report, the annual report shall contain a notice of that fact and the nature of the change prominently displayed.

Section 14. 1. The board of directors of each insurer shall appoint one or more illustration actuaries.

2. The illustration actuary shall certify that the disciplined current scale used in illustrations is in conformity with the actuarial standard of practice for compliance with the NAIC model regulation of life insurance illustrations promulgated by the actuarial standards board, and that the illustrated scales used in insurer-authorized illustrations meet the requirements of sections 6 to 15 of this act.

3. The illustration actuary shall:

(1) Be a member in good standing of the American Academy of Actuaries;

(2) Be familiar with the standard of practice regarding life insurance policy illustrations;

(3) Not have been found by the director of the department of insurance, following appropriate notice and hearing to have:

(a) Violated any provision of, or any obligation imposed by, the insurance law or other law in the course of his or her dealings as an illustration actuary;

(b) Been found guilty of fraudulent or dishonest practices;

(c) Demonstrated his or her incompetence, lack of cooperation, or untrustworthiness to act as an illustration actuary; or

(d) Resigned or been removed as an illustration actuary within the past five years as a result of acts or omissions indicated in any adverse report on examination or as a result of a failure to adhere to generally acceptable actuarial standards;

(4) Not fail to notify the director of the department of insurance of any action taken by a commissioner or director of insurance of another state similar to that pursuant to subdivision (3) of this subsection;

(5) Disclose in the annual certification whether, since the last certification, a currently payable scale applicable for business issued within the previous five years and within the scope of the certification has been reduced for reasons other than changes in the experience factors underlying the disciplined current scale. If nonguaranteed elements illustrated for new policies are not consistent with those illustrated for similar in-force policies, this shall be disclosed in the annual certification. If nonguaranteed elements illustrated for both new and in-force policies are not consistent with the nonguaranteed elements actually being paid, charged or credited to the same or similar forms, this shall be disclosed in the annual certification; and

(6) Disclose in the annual certification the method used to allocate overhead expenses for all illustrations:

(a) Fully allocated expenses;

(b) Marginal expenses; or

(c) A generally recognized expense table based on fully allocated expenses representing a significant portion of insurance companies and approved by the director of the department of insurance.

4. (1) The illustration actuary shall file a certification with the board and with the director of the department of insurance:

(a) Annually for all policy forms for which illustrations are used; and

(b) Before a new policy form is illustrated.

(2) If an error in a previous certification is discovered, the illustration actuary shall notify the board of directors of the insurer and the director of the department of insurance promptly.

5. If an illustration actuary is unable to certify the scale for any policy form illustration the insurer intends to use, the actuary shall notify the board of directors of the insurer and the director of the department of insurance promptly of his or her inability to certify.

6. A responsible officer of the insurer, other than the illustration actuary, shall certify annually:

(1) That the illustration formats meet the requirements of sections 6 to 15 of this act and that the scales used in insurer-authorized illustrations are those scales certified by the illustration actuary; and

(2) That the company has provided its agents with information about the expense allocation method used by the company in its illustrations and disclosed as required in subdivision (6) of subsection 3 of this section.

7. The annual certifications shall be provided to the director of the department of insurance each year by a date determined by the insurer.

8. If an insurer changes the illustration actuary responsible for all or a portion of the company's policy forms, the insurer shall notify the director of the department of insurance of that fact promptly and disclose the reason for the change.

Section 15. In addition to any other penalties provided by the laws of this state, an insurer or producer that violates a requirement of sections 6 to 15 of this act shall be guilty of an unfair trade practice pursuant to sections 375.930 to 375.948, RSMo.

Section 16. Sections 6 to 15 of this act shall only apply to policies governed by sections 6 to 15 of this act which are marketed after January 1, 1999.".

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 8, Line 21, by adding after said line all of the following:

"Be it enacted by the General Assembly of the state of Missouri, as follows:

Section 1. No state funds shall be used for research with respect to the cloning of a human person. For purposes of this section, the term "cloning" means the replication of a human person by taking a cell with genetic material and cultivating such cell through the egg, embryo, fetal and newborn stages of development into a new human person.".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1011 and has taken up and passed CCS for SCS for HCS for HB 1011.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1012 and has taken up and passed CCS for SCS for HCS for HB 1012.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS No. 2 for HCS for SS for SCS for SBs 675, 483, 490 and 564, entitled:

An Act to repeal section 135.030, RSMo 1994, relating to an income tax credit for property taxes paid on a homestead, and to enact in lieu thereof two new sections relating to the same subject, with an expiration date for a certain section.

With House Substitute Amendment No. 1 for House Amendment No. 2, House Substitute Amendment No. 1 for House Amendment No. 3, House Amendments Nos. 4 and 5.

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR

HOUSE AMENDMENT NO. 2

Amend House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 675, 483, 490 and 564, Page 2, Section 135.030, Line 7 of said page by deleting the number "twenty-three" and inserting in lieu thereof the number "twenty-five"; and

Further amend said substitute, Page 3, Section 135.030, Lines 1 and 2 of said page, by deleting the number "twelve thousand eight hundred" and inserting in lieu thereof the number "thirteen thousand"; and

Further amend said substitute, Page 5, Section 135.032, Line 14 of said page, by deleting the number "sixty" and inserting in lieu thereof the number "seventy"; and

Further amend said substitute, Page 5, Section 135.032, Line 16 of said page, by deleting the number "twenty-five" and inserting in lieu thereof the number "thirty-five".

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR

HOUSE AMENDMENT NO. 3

Amend House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 675, 483, 490 and 564, Page 1, Lines 3 and 4 of the Title, by deleting all of said lines and inserting in lieu thereof the following: "relating solely to broad-based income tax credits based upon property taxes paid on a homestead and dependency deductions, and to enact in"; and

Further amend said substitute, Page 9, Section 135.032, Line 9 of said page, by inserting after said line the following:

"143.161. 1. A resident may deduct [four] one thousand two hundred dollars for each dependent for whom [he] such resident is entitled to a dependency exemption deduction for federal income tax purposes. In the case of a dependent who is not residing in a facility qualified to receive federal or state funding and who has attained sixty-five years of age on or before the last day of the taxable year, the taxpayer may deduct an additional one thousand dollars.

2. A resident who qualifies as an unmarried head of household or as a surviving spouse for federal income tax purposes may deduct an additional eight hundred dollars.

3. This section shall become effective January 1, 1999, and shall apply to all taxable years beginning after December 31, 1998."; and

Further amend said bill by amending the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 4

Amend House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 675, 483, 490 and 564, page 9, Section 135.032, Line 9 of said page by inserting after said line the following:

"Section 1. The dependency deduction amount authorized under the provisions of section 143.161, RSMo, shall be adjusted annually by the percentage change in the consumer price index for urban consumers.".

HOUSE AMENDMENT NO. 5

Amend House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 675, 483, 490 and 564, Page 9, Section 135.032, Lines 8 and 9, by deleting all of said lines.

In which the concurrence of the Senate is respectfully requested.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

PRIVILEGED MOTIONS

Senator Staples moved that the Senate refuse to recede from its position on SCS for HCS for HBs 1681 and 1342, as amended, and grant the House a conference thereon, which motion prevailed.

Senator Howard moved that the Senate return SB 945, with HA 1, to the House for the purpose of adopting the emergency clause, which motion prevailed.

Senator Johnson moved that the Senate refuse to concur in HS No. 2 for HCS for SS for SCS for SBs 675, 483, 490 and 564, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HS for HCS for HB 1161, as amended: Senators Goode, Jacob, Maxwell, Childers and Ehlmann.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HCS for HBs 1681 and 1342, as amended: Senators Staples, McKenna, Mathewson, Mueller and Flotron.

Senator Johnson assumed the Chair.

PRIVILEGED MOTIONS

Senator McKenna moved that the Senate refuse to recede from its position on SS for SCS for HS for HCS for HB 1095, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SS for SCS for HS for HCS for HB 1095, as amended: Senators McKenna, Scott, Mathewson, Ehlmann and Childers.

President Pro Tem McKenna assumed the Chair.

CONFERENCE COMMITTEE REPORTS

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1002, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 1002

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1002, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1002, and that the House recede from its position on House Committee Substitute for House Bill No. 1002, and the Conference Committee Substitute for House Bill No. 1002, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ Scott B. Lakin
/s/ John T. Russell /s/ Sandra D. Kauffman
/s/ Marvin Singleton /s/ Ken Legan


Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed 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 Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senators--None

On motion of Senator Lybyer, CCS for HB 1002, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

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

Was 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 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.

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1003, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1003

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No.1003, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No.1003, and that the House recede from its position on House Committee Substitute for House Bill No.1003, and the Conference Committee Substitute for House Bill No.1003, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ Scott B. Lakin
/s/ John T. Russell /s/ Bonnie Sue Cooper
/s/ Marvin Singleton /s/ Sandra D. Kauffman


Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed 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

On motion of Senator Lybyer, CCS for HB 1003, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

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

Was 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 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.

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1004, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1004Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1004, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1004, and that the House recede from its position on House Committee Substitute for House Bill No. 1004, and the Conference Committee Substitute for House Bill No. 1004, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ Timothy P. Green
/s/ John T. Russell /s/ Chuck Gross
/s/ Marvin Singleton /s/ Ken Legan

Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed 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

On motion of Senator Lybyer, CCS for HB 1004, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1004

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

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1005, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1005Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1005, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1005, and that the House recede from its position on House Committee Substitute for House Bill No. 1005, and the Conference Committee Substitute for House Bill No. 1005, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ Timothy P. Green
/s/ John T. Russell /s/ Chuck Gross
/s/ Marvin Singleton /s/ Chuck Wooten


Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed 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

On motion of Senator Lybyer, CCS for HB 1005, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

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

Was 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 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.

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1006, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1006Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1006, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1006, and that the House recede from its position on House Committee Substitute for House Bill No. 1006, and the Conference Committee Substitute for House Bill No. 1006, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ May Scheve
/s/ John T. Russell /s/ Bonnie Sue Cooper
/s/ Marvin Singleton /s/ Jim Graham


Senator Lybyer submitted a technical correction to CCS for SCS for HCS for HB 1006:

TECHNICAL CORRECTION TO CCS FOR

SCS FOR HCS FOR HB 1006:

The following section was inadvertently omitted from CCS for SCS for HCS for HB 1006

Section 6.321. To the Department of Natural Resources

There is transferred from the State Treasury to the

Natural Resources Protection Fund-Water

Pollution Permit Fee Subaccount, One Million,

Four Hundred Thousand Dollars ($1,400,000)

From General Revenue Fund...............$ 1,400,000

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ May Scheve
/s/ John T. Russell /s/ Bonnie Sue Cooper
/s/ Marvin Singleton /s/ Jim Graham


Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed 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 Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
McKenna Quick Rohrbach--3
Absent with leave--Senators--None

Senator Wiggins assumed the Chair.

On motion of Senator Lybyer, CCS for HB 1006, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1006

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

Was 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 Lybyer, title to the bill was agreed to.

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1007, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1007

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1007, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1007, and that the House recede from its position on House Committee Substitute for House Bill No. 1007, and the Conference Committee Substitute for House Bill No. 1007, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ May Scheve
/s/ John T. Russell /s/ Bonnie Sue Cooper
/s/ Marvin Singleton /s/ Emmy McClelland


Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed 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

On motion of Senator Lybyer, CCS for HB 1007, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1007

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

Was 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
Mueller Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Bentley McKenna Quick--3
Absent with leave--Senators--None

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1008, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1008

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1008, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1008, and that the House recede from its position on House Committee Substitute for House Bill No. 1008, and the Conference Committee Substitute for House Bill No. 1008, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ Scott B. Lakin
/s/ John T. Russell /s/ Bonnie Sue Cooper
/s/ Marvin Singleton /s/ Gary Burton


Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed 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

On motion of Senator Lybyer, CCS for HB 1008, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1008

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

Was 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 Lybyer, title to the bill was agreed to.

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1009, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1009

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1009, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1009, and that the House recede from its position on House Committee Substitute for House Bill No. 1009, and the Conference Committee Substitute for House Bill No. 1009, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Deleta Williams
/s/ Wayne Goode /s/ Charles Q. Troupe
/s/ John T. Russell /s/ Pat Kelley
/s/ Marvin Singleton /s/ Mary C. Kasten


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

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

On motion of Senator Lybyer, CCS for HB 1009, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1009

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

Was 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 Lybyer, title to the bill was agreed to.

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1010, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1010

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1010, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1010, and that the House recede from its position on House Committee Substitute for House Bill No. 1010, and the Conference Committee Substitute for House Bill No. 1010, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Paula J. Carter
/s/ Wayne Goode /s/ Mike Schilling
/s/ John T. Russell /s/ Charlie Shields
/s/ Marvin Singleton /s/ Gary Burton


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

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

On motion of Senator Lybyer, CCS for HB 1010, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1010

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

Was 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 Kinder Lybyer Mathewson
Maxwell Mueller Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senators
Graves Kenney Klarich--3
Absent--Senators
Curls McKenna Quick--3
Absent with leave--Senators--None

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

President Wilson assumed the Chair.

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1011, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1011

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1011, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1011, and that the House recede from its position on House Committee Substitute for House Bill No. 1011, and the Conference Committee Substitute for House Bill No. 1011, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Wayne Goode /s/ Deleta Williams
/s/ Joe Maxwell /s/ Charles Q. Troupe
/s/ John T. Russell Pat Kelley
/s/ Marvin Singleton Rich Chrismer


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

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Goode Graves House Howard
Jacob Johnson Kinder Lybyer
Mathewson Maxwell Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins--27
NAYS--Senators
Flotron Kenney Klarich Mueller
Yeckel--5
Absent--Senators
McKenna Quick--2
Absent with leave--Senators--None

On motion of Senator Lybyer, CCS for HB 1011, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1011

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

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1012, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1012

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1012, begs leave to report that we, after open, 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:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1012, and that the House recede from its position on House Committee Substitute for House Bill No. 1012, and the Conference Committee Substitute for House Bill No. 1012, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Mike Lybyer /s/ Dick Franklin
/s/ Harry Wiggins /s/ Timothy P. Green
/s/ Wayne Goode /s/ Scott B. Lakin
/s/ John T. Russell /s/ Gary Burton
/s/ Marvin Singleton /s/ Ken Legan


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

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

On motion of Senator Lybyer, CCS for HB 1012, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL No. 1012

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

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

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

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1013 , with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Appropriations, to which was referred HB 1021, 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. 1021, Page 6, Section 21.090, by inserting immediately after said section the following new section:

"Section 21.092. To the Department of Natural Resources

For the Division of State Parks

For the purpose of funding Parks and Historic

Sites

Expense and Equipment - For new equipment only

Representing expenditures originally authorized

under the provisions of House Bill Section

6.235, an Act of the 89th General Assembly,

First Regular Session

From State Parks and Earnings Fund.....$ 214,614"

and further amend said bill, page 12, section 21.180, by inserting immediately after said section the following new sections:

"Section 21.182. To the Department of Public Safety

For the State Highway Patrol

For the purpose of funding the purchase of

vehicles for the State Highway Patrol and

Gaming Commission

Expense and Equipment

Representing expenditures originally authorized

under the provisions of House Bill Section

8.105, an Act of the 89th General Assembly,

First Regular Session

From State Highways and Transportation Department Fund...................................$ 745,000

From Gaming Commission Fund 37,250

Total ..........................................$ 782,250

Section 21.183. To the Department of Public Safety

For the State Highway Patrol

For the purpose of funding the purchase of

vehicles for the State Highway Patrol and

Gaming Commission

Expense and Equipment

Representing expenditures originally authorized

under the provisions of House Bill Section

14.080, an Act of the 89th General Assembly,

Second Regular Session

From Gaming Commission Fund..........$ 391,125"

and further amend said bill, page 14, section 21.220 by inserting immediately after said section the following new section:

"Section 21.222. To the Department of Health

For the Division of Maternal, Child and Family Health

1. For the purpose of funding alternatives to abortion services as follows: prenatal care, medical care, parenting skills, drug and alcohol testing and treatment, child care, newborn or infant care, alternative housing, alternative schooling, adoption assistance, job training and placement, efforts to promote responsible paternity, ultrasound services, case management for pregnancy maintenance, domestic abuse protection and transportation, such services to be for women only during their pregnancy and continuing for one year thereafter, excluding any service of the types described in section 20.685, (House Bill 20, 89th General Assembly, First Extraordinary Session), provided that none of these funds may be expended for the purpose of performing, assisting or encouraging abortion and further provided that none of these funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of these funds may be granted to organizations or affiliates of organizations which provide or promote abortions.

2. If any provision of subsection 1 of this section is held invalid, then this appropriation shall be in accordance with subsection 3, otherwise subsection 3 shall have no effect.

3. For the purpose of funding alternatives to abortion services provided directly by the department of health or provided directly by government agencies through contractual agreement with the department, as follows: prenatal care, medical care, parenting skills, drug and alcohol testing and treatment, child care, newborn or infant care, alternative housing, alternative schooling, adoption assistance, job training and placement, efforts to promote responsible paternity, ultrasound services, case management for pregnancy maintenance, domestic abuse protection and transportation, such services to be for women only during their pregnancy and continuing for one year thereafter, excluding any service of the types described in section 20.685, (House Bill 20, 89th General Assembly, First Extraordinary Session), provided that none of these funds may be expended for the purpose of encouraging abortion.

Representing expenditures originally authorized

under the provisions of House Bill Section

20.690, an Act of the 89th General Assembly,

First Extraordinary Session

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

HOUSE BILLS ON THIRD READING

Senator Flotron moved that HCS for HB 1189, as amended, be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

Senator Flotron requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Flotron offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend House Committee Substitute for House Bill No. 1189, Pages 1 and 2, Section 408.500, Lines 1-25, by striking said section.

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

On motion of Senator Flotron, HCS for HB 1189, 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 Mathewson Maxwell
Mueller Rohrbach Russell Schneider
Sims Staples Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Lybyer McKenna Quick Scott
Singleton--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 Bentley moved that motion lay on the table, which motion prevailed.

HB 1683, with SCS, introduced by Representatives Fitzwater and McClelland, entitled:

An Act to repeal sections 162.955, 162.961 and 162.963, RSMo Supp. 1997, relating to alternative education placement hearings, 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 Bentley.

SCS for HB 1683, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1683

An Act to repeal section 167.280, RSMo 1994, and sections 162.955, 162.961 and 162.963, RSMo Supp. 1997, relating to school age children, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Bentley moved that SCS for HB 1683 be adopted.

Senator Wiggins assumed the Chair.

At the request of Senator Bentley, the motion to adopt SCS for HB 1683 was withdrawn.

HB 1080, with SCA 1, introduced by Representative Auer, entitled:

An Act to repeal sections 379.883 and 379.888, RSMo 1994, relating to commercial casualty insurance, 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 House.

SCA 1 was taken up.

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

On motion of Senator House, HB 1080, as amended, was read the 3rd time and passed by the following vote:

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

Senator Bentley moved that HB 1683, with SCS, be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HB 1683 was again taken up.

Senator Bentley moved that SCS for HB 1683 be adopted.

Senator Caskey requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1683, Page 6, Section 167.104, Line 1, by inserting immediately after "created" the following: ", subject to appropriation,"; and

Further amend said bill, page 7, section 167.267, line 1, by inserting immediately after "established" the following: ", subject to appropriation,".

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

Senator Bentley moved that SCS for HB 1683, as amended, be adopted, which motion prevailed.

On motion of Senator Bentley, SCS for HB 1683, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Flotron Goode House
Howard Jacob Johnson Kenney
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Schneider Sims Singleton Westfall
Wiggins Yeckel--26
NAYS--Senators
Graves Kinder--2
Absent--Senators
Clay Curls Ehlmann Russell
Scott Staples--6
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.

HB 1055, with SCS, introduced by Representative Thomason, entitled:

An Act relating solely to franchises and other agreements between motorcycle dealers and motorcycle manufacturers.

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

SCS for HB 1055, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1055

An Act to repeal section 407.835, RSMo Supp. 1997, relating to certain franchises and other agreements, and to enact in lieu thereof ten new sections relating to the same subject.

Was taken up.

Senator Howard moved that SCS for HB 1055 be adopted.

Senator Howard requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Howard offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1055, Page 1, Section A, Line 3, by inserting after all of said line the following:

"407.815. As used in sections 407.810 to 407.835, unless the context otherwise requires, the following terms mean:

(1) "Administrative hearing commission", the body established in chapter 621, RSMo, to conduct administrative hearings;

(2) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of six hundred pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control;

[(2)] (3) "Coerce", to force a person to act in a given manner or to compel by pressure or threat but shall not be construed to include the following:

(a) Good faith recommendations, exposition, argument, persuasion or attempts at persuasion;

(b) Notice given in good faith to any franchisee of such franchisee's violation of terms or provisions of such franchise or contractual agreement;

(c) Any other conduct set forth in section 407.830 as a defense to an action brought pursuant to sections 407.810 to 407.835; or

(d) Any other conduct set forth in sections 407.810 to 407.835 that is permitted of the franchisor or is expressly excluded from coercion or a violation of sections 407.810 to 407.835;

[(3)] (4) "Franchise", a written arrangement or contract for a definite or indefinite period, in which a person grants to another person a license to use, or the right to grant to others a license to use, a trade name, trademark, service mark, or related characteristics, in which there is a community of interest in the marketing of goods or services, or both, at wholesale or retail, by agreement, lease or otherwise, and in which the operation of the franchisee's business with respect to such franchise is substantially reliant on the franchisor for the continued supply of franchised new motor vehicles, parts and accessories for sale at wholesale or retail;

[(4)] (5) "Franchisee", a person to whom a franchise is granted;

[(5)] (6) "Franchisor", a person who grants a franchise to another person;

[(6)] (7) "Motor vehicle", any motor driven vehicle required to be registered pursuant to the provisions of chapter 301, RSMo, except that, motorcycles and all-terrain vehicles as defined in section 301.010, RSMo, shall not be included;

[(7)] (8) "New", when referring to motor vehicles or parts, means those motor vehicles or parts which have not been held except as inventory, as that term is defined in subdivision (4) of section 400.9-109, RSMo;

[(8)] (9) "Person", a sole proprietor, partnership, corporation, or any other form of business organization."; and

Further amend the title and enacting clause accordingly, which motion prevailed.

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

Senator Howard moved that SCS for HB 1055, as amended, be adopted, which motion prevailed.

On motion of Senator Howard, SCS for HB 1055, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Flotron Goode House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Graves--1
Absent--Senators
Clay Curls Ehlmann Russell--4
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 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:

Peggy D. Loman and Roger D. Young, as members of the Committee for 911 Service Oversight;

Also,

Atkins W. Warren, as public member of the Committee for 911 Service Oversight;

Also,

Carl Michael Greenwell and Donald L. Gann, as members of the Missouri Ethics Commission;

Also,

Rainey J. Crawford, Paula "Polly" O'Brien and Richard H. Dahl, as members of the Missouri Investment Trust Board of Trustees;

Also,

Davis D. Minton and Thomas A. Herrmann, as members of the Clean Water Commission;

Also,

John A. Birch, as Chairman of the State Board of Mediation;

Also,

Mary Lynn Watkins, as a member of the Missouri Western State College Board of Regents;

Also,

Janet S. Marriott, as a member of the Northwest Missouri State University Board of Regents;

Also,

James F. Summers, Jr. and Mary Joan Wood, as members of the Coordinating Board for Higher Education;

Also,

Margie L. Dyer, as public member of the Low-level Radioactive Waste Compact Advisory Committee;

Also,

A. Sam Burton and Thomas Eugene Whelan, as members of the Children's Trust Fund Board;

Also,

John C. Tlapek, as a member of the Southeast Missouri State University Board of Regents;

Also,

Laurie Winterscheidt Hiler, as a member of the Mississippi River Parkway Commission;

Also,

Ida H. Early, Roger B. Wilson, Jolene M. Schulz and Russell E. McCampbell, as members of the Missouri Community Service Commission;

Also,

Kathy M. Crow, as a member of the Drug Utilization Review Board;

Also,

Lewis Glendon Ullery, as a member of the Missouri Gaming Commission;

Also,

Barry E. McKay, Jill Ann Miller, Nancy Pope and Mark V. Schimweg, as members of the Child Abuse and Neglect Review Board;

Also,

Edward B. Rucker, as a member of the Public Defender Commission;

Also,

Mark D. Jackson, as a member of the Missouri Board for Respiratory Care;

Also,

Gerald T. Brouder, as a member of the Midwestern Higher Education Commission;

Also,

Frank A. Farmer and Barry M. Kayes, as members of the Air Conservation Commission;

Also,

Benedict K. Zobrist, as a member of the State Historical Records Advisory Board.

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 concurred in SCA 1 to HB 1300 and has again taken up and passed HB 1300, 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 1113 and has again taken up and passed HB 1113, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HB 1410 and has taken up and passed HB 1410, as amended by the conference committee report.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt Conference Committee Report on HCS for SB 778 and requests a further conference on HCS for SB 778.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1556 and has again taken up and passed SCS for HB 1556.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1385 and has again taken up and passed SCS for HB 1385.

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 1622 and has again taken up and passed HB 1622, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS No. 2 for HCS for SS for SCS for SBs 675, 483, 490 and 564, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 1918 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon, and the conferees be allowed to exceed differences.

RESOLUTIONS

Senators Westfall, Jacob, Howard, Kinder, Johnson, Mathewson, Graves, Bentley, Sims and Lybyer offered Senate Resolution No. 1859, regarding Roger L. Mitchell, Ph.D., which was adopted.

Senator Yeckel offered Senate Resolution No. 1860, regarding Nancy "Carole" Myers, High Ridge, which was adopted.

Senator Jacob offered Senate Resolution No. 1861, regarding Betty Jane Jacobs Aufranc, Columbia, which was adopted.

Senator Graves offered Senate Resolution No. 1862, regarding Manuel David Palmeiro, Tarkio, which was adopted.

Senator Graves offered Senate Resolution No. 1863, regarding the One Hundredth Birthday of May Dodson, Mound City, which was adopted.

Senator Graves offered Senate Resolution No. 1864, regarding the One Hundred Twenty-fifth Anniversary of the City of Purdin, which was adopted.

Senator Graves offered Senate Resolution No. 1865, regarding Jean McCall, Mound City, which was adopted.

Senator Klarich offered Senate Resolution No. 1866, regarding Kenneth Beese, St. Louis, which was adopted.

Senator Staples offered Senate Resolution No. 1867, regarding Charlotte Kelly, Park Hills, which was adopted.

Senator Staples offered Senate Resolution No. 1868, regarding Richard M. Secor, D.O., Desloge, which was adopted.

Senator Staples offered Senate Resolution No. 1869, regarding Cecilia Escamilla, St. Louis, which was adopted.

Senator Childers offered Senate Resolution No. 1870, regarding Trisha Sparnicht, Ava, which was adopted.

Senator Singleton offered Senate Resolution No. 1871, regarding Whitney Wells, 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 Senator Johnson.

PRIVILEGED MOTIONS

Senator Caskey moved that SCS for HCS for HB 1469, with HPA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HPA 1 was taken up.

Senator Caskey moved that the above amendment be adopted, which motion prevailed by the following vote:

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

Senator Staples assumed the Chair.

Senator Caskey moved that SCS for HCS for HB 1469, as amended by HPA 1, be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HCS for HB 1469, 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 Rohrbach Russell
Schneider Scott Sims Staples
Westfall Wiggins Yeckel--31
NAYS--Senator Banks--1
Absent--Senators
Curls 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 Quick moved that motion lay on the table, which motion prevailed.

CONFERENCE COMMITTEE REPORTS

Senator Caskey, on behalf of the conference committee appointed to act with a like committee from the House on HB 1239, as amended, submitted the following conference committee report:CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 1239

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Bill No. 1239, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on Senate Amendment No. 1, Senate Amendment No. 2 and Senate Amendment No. 3;

2. That the Senate recede from its position on Senate Substitute Amendment No. 1 for Senate Amendment No. 4, as amended.

3. That House Bill No. 1239, with Senate Amendment No. 1, Senate Amendment No. 2 and Senate Amendment No. 3 be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Harold Caskey /s/ Kelly Parker
/s/ Morris Westfall /s/ Craig Hosmer
/s/ Betty Sims /s/ Ralph A. Monaco
/s/ Ronnie DePasco /s/ Jon Dolan
/s/ Jim Mathewson /s/ Mark L. Richardson


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

YEAS--Senators
Banks Caskey Childers Clay
DePasco Flotron Goode Howard
Jacob Johnson Kinder Lybyer
Mathewson Maxwell McKenna Mueller
Quick Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--26
NAYS--Senators
Ehlmann Graves House Kenney
Klarich Rohrbach--6
Absent--Senators
Bentley Curls--2
Absent with leave--Senators--None

Having voted on the prevailing side, Senator Schneider moved that the vote by which the conference committee report on HB 1239 was adopted be reconsidered, which motion failed by the following vote:

YEAS--Senators
Ehlmann Flotron Goode House
Jacob Johnson Kenney Kinder
Klarich Mueller Rohrbach Schneider
Wiggins Yeckel--14
NAYS--Senators
Banks Caskey Childers Clay
DePasco Howard Lybyer Mathewson
McKenna Quick Russell Scott
Sims Singleton Staples Westfall--16
Absent--Senators
Bentley Curls Graves Maxwell--4
Absent with leave--Senators--None

Senator Caskey moved that HB 1239, as amended, be 3rd read and finally passed, which motion failed to receive a constitutional majority by the following vote:

YEAS--Senators
Bentley Caskey Childers DePasco
Graves Howard Lybyer Mathewson
Russell Scott Sims Singleton
Staples Westfall Yeckel--15
NAYS--Senators
Banks Clay Ehlmann Flotron
House Jacob Johnson Kenney
Kinder Klarich McKenna Mueller
Quick Rohrbach Schneider Wiggins--16
Absent--Senators
Curls Goode Maxwell--3
Absent with leave--Senators--None

BILL REFERRALS

President Pro Tem McKenna referred HCS for HB 1891 to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

Senator McKenna moved that HJR 39, with SS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

At the request of Senator McKenna, SS for HJR 39 was withdrawn.

Senator Mathewson assumed the Chair.

Senator McKenna offered SS No. 2 for HJR 39, entitled:

SENATE SUBSTITUTE NO. 2 FOR

HOUSE JOINT RESOLUTION NO. 39

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39 of article III of the Constitution of Missouri, relating to gaming and adopting two new sections in lieu thereof relating to the same subject.

Senator McKenna moved that SS No. 2 for HJR 39 be adopted.

At the request of Senator McKenna, HJR 39, with SS No. 2 (pending), was placed on the Informal Calendar.

The Senate stood at ease for 5 minutes.

Senator Scott assumed the Chair.

HOUSE BILLS ON THIRD READING

Senator McKenna moved that HJR 39, with SS No. 2 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SS No. 2 for HJR 39 was again taken up.

Senator McKenna moved that SS No. 2 for HJR 39 be adopted, which motion prevailed.

On motion of Senator McKenna, SS No. 2 for HJR 39 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Clay Curls
DePasco Ehlmann Graves Howard
Jacob Johnson Kinder Lybyer
Mathewson McKenna Quick Scott
Sims Staples Wiggins Yeckel--20
NAYS--Senators
Caskey Childers Flotron Goode
House Kenney Klarich Mueller
Rohrbach Russell Singleton Westfall--12
Absent--Senators
Maxwell Schneider--2
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 Quick moved that motion lay on the table, which motion prevailed.

Senator Scott moved that HCS for HB 1315 and HS for HB 1070, with SCS and SS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SS for SCS for HCS for HB 1315 and HS for HB 1070, as amended, was again taken up.

Senator Johnson offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 3, Section 354.535, Line 1, by inserting before all of said line the following:

"334.010. 1. It shall be unlawful for any person not now a registered physician within the meaning of the law to practice medicine or surgery in any of its departments, to engage in the practice of medicine across state lines or to profess to cure and attempt to treat the sick and others afflicted with bodily or mental infirmities, or engage in the practice of midwifery in this state, except as herein provided.

2. For the purposes of this chapter, the practice of medicine across state lines shall mean:

(1) The rendering of a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or physician's agent; or

(2) The rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or physician's agent.

3. A physician located outside of this state shall not be required to obtain a license when:

(1) In consultation with a physician licensed to practice medicine in this state; and

(2) The physician licensed in this state retains ultimate authority and responsibility for the diagnosis or diagnoses and treatment in the care of the patient located within this state; or

(3) Evaluating a patient or rendering an oral, written or otherwise documented medical opinion, or when providing testimony or records for the purpose of any civil or criminal action before any judicial or administrative proceeding of this state or other forum in this state; or

(4) Participating in a utilization review pursuant to section 376.1350, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator House offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 8, Section 376.1209, Line 1, by inserting immediately before said line the following:

"375.775.  1.  The association shall:

(1)  Be obligated to the extent of the covered claims existing prior to the date of entry of a decree or judgment pursuant to section 375.560 or a judicial determination by a court of competent jurisdiction in the insurer's domiciliary state that an insolvent insurer exists and arising within thirty days from the date or at the time of the first such decree, judgment or determination, or before the policy expiration date if less than thirty days after such date, or before or at the time the insured replaces the policy or causes its cancellation, if he does so within thirty days of such date, but such obligation shall include only that amount of each covered claim which is in excess of one hundred dollars and is less than three hundred thousand dollars, except that the association shall pay the full amount of any covered claim arising out of a workers' compensation policy.  In no event shall the association be obligated to an insured or claimant in an amount in excess of the face amount or the limits of the policy from which a claim arises or be obligated for the payment of unearned premium in excess of the amount of ten thousand dollars, or to an insured or claimant on any covered claim until it receives confirmation from the receiver or liquidator of an insolvent insurer that the claim is within the coverage of an applicable policy of the insolvent insurer, except that within the sole discretion of the association, if the association deems it has sufficient evidence from other sources, including any claim forms which may be propounded by the association, that the claim is within the coverage of an applicable policy of the insolvent insurer, it shall proceed to process the claim, pursuant to its statutory obligations, without such confirmation by the receiver or liquidator:

(a)  All covered claims shall be filed with the association on the claim information form required by this paragraph no later than the final date first set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer, except that if the time first set by the court for filing claims is one year or less from the date of insolvency, and an extension of the time to file claims is granted by the court, claims may be filed with the association no later than the new date set by the court or within one year of the date of insolvency, whichever first occurs.  In no event shall the association be obligated on a claim filed after such date or on one not filed on the required form.  A claim information form shall consist of a statement verified under oath by the claimant which includes all of the following:

a.  The particulars of the claim;

b.  A statement that the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to said claim;

c.  The name and address of the claimant and the attorney who represents the claimant, if any; and

d.  If the claimant is an insured, that the insured's net worth did not exceed twenty-five million dollars on the date the insurer became an insolvent insurer.  The association may require that a prescribed form be used and may require that other information and documents be included.  A covered claim shall not include any claim not described in a timely filed claim information form even though the existence of the claim was not known to the claimant at the time a claim information form was filed;

(b)  In the case of claims arising from bodily injury, sickness or disease, the amount of any such award shall not exceed the [claimant's reasonable expenses incurred for necessary medical, surgical, X-ray, dental services and comparable services for] face amounts or limits of the policy from which a claim arises.  Such claim shall not be denied to individuals who, in the exercise of their constitutional rights, rely on spiritual means alone for healing in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof[, including prosthetic devices and necessary ambulance, hospital, professional nursing, and any amounts lost or to be lost by reason of claimant's inability to work and earn wages or salary or their equivalent, except that].  The association shall pay the full amount of any covered claim arising out of a workers' compensation policy.  Such award may also include payments in fact made to others, not members of claimant's household, which were reasonably incurred to obtain from such other persons ordinary and necessary services for the production of income in lieu of those services the claimant would have performed for himself or herself had [he] the claimant not been injured.  Verdicts as respect only those civil actions as may be brought to recover damages as provided in this section shall specifically set out the sums applicable to each item in this section for which an award may be made;

(2)  Be deemed the insurer to the extent of its obligations on the covered claims and to such extent shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent;

(3)  Allocate claims paid and expenses incurred among the four accounts separately, and assess member insurers separately for each account amounts necessary to pay the obligations of the association under subdivision (1) of this subsection to an insolvency, the expenses of handling covered claims subsequent to an insolvency, the cost of examinations under subdivision (6) of this subsection, and other expenses authorized by sections 375.771 to 375.779.  The assessments of each member insurer shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year on the kinds of insurance in the account bears to the net direct written premiums of all member insurers for the preceding calendar year of the kinds of insurance in the account.  Each member insurer shall be notified of the assessment not later than thirty days before it is due.  No member insurer may be assessed in any year on any account an amount greater than one percent of that member insurer's net direct written premiums for the preceding calendar year on the kinds of insurance in the account.  If the maximum assessment, together with the other assets of the association in any account, does not provide in any one year in any account an amount sufficient to make all necessary payments from that account, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as funds become available.  The association may defer, in whole or in part, the assessment of any member insurer, if the assessment would cause the member insurer's financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance.  Deferred assessments shall be paid when such payment will not reduce capital or surplus below required minimums.  Such payments shall be refunded to those companies receiving larger assessments by virtue of such deferment, or, in the discretion of any such company, credited against future assessments.  No dividends shall be paid stockholders or policyholders of a member insurer so long as all or part of any assessment against such insurer remains deferred.  Each member insurer may set off against any assessment, authorized payments made on covered claims and expenses incurred in the payment of such claims by the member insurer if they are chargeable to the account for which the assessment is made.  Assessments made under sections 375.771 to 375.779 and section 375.916 shall not be subject to subsection 1 of section 375.916;

(4)  Handle claims through its employees or through one or more insurers or other persons designated as servicing facilities.  Designation of a servicing facility is subject to the approval of the director, but such designation may be declined by a member insurer;

(5)  Reimburse each servicing facility for obligations of the association paid by the facility and for actual expenses incurred by the facility while handling claims on behalf of the association and shall pay the other expenses of the association authorized by this section;

(6)  Be subject to examination and regulation by the director.  The board of directors shall submit, not later than March thirtieth of each year, a financial report for the preceding calendar year in a form approved by the director; and

(7)  Be considered to have been designated commissioner pursuant to subsection 2 of section 375.670, and it shall proceed to investigate, hear, settle, and determine covered claims unless the claimant shall, within thirty days from the date the claim is presented, present a written demand that such claim be processed in the liquidation proceedings as a claim not covered by sections 375.771 to 375.779.

2.  The association may:

(1)  Appear in, defend and appeal any action on a claim brought against the association;

(2)  Employ or retain such persons as are necessary to handle claims and perform other duties of the association;

(3)  Borrow funds necessary to effect the purposes of sections 375.771 to 375.779 in accord with the plan of operation;

(4)  Sue or be sued;

(5)  Negotiate and become a party to such contracts as are necessary to carry out the purpose of sections 375.771 to 375.779;

(6)  Perform such other acts as are necessary or proper to effectuate the purpose of sections 375.771 to 375.779;

(7)  Refund to the member insurers in proportion to the contribution of each member insurer to that account that amount by which the assets of the account exceed the liabilities, if, at the end of any calendar year, the board of directors finds that the assets of the association in any account exceed the liabilities of that account as estimated by the board of directors for the coming year; and

(8)  Become a member of the National Committee on Insurance Guaranty Funds."; and

Further amend the title and enacting clause accordingly.

Senator House moved that the above amendment be adopted.

Senator Scott raised the point of order that SA 8 is out of order in that the amendment goes beyond the scope of the bill.

President Pro Tem McKenna ruled the point of order not well taken.

SA 8 was again taken up.

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

Senator Klarich offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 1, Section A, Line 5 of said page, by inserting immediately after said line the following:

"191.227. 1. All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, furnish a copy of his record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. [Beginning August 28, 1994,] Such record shall be furnished [within a reasonable time of the receipt of the request therefor and] and in accordance with the time limit in subsection 4 of this section and upon payment of a handling fee of [fifteen] twenty-five dollars plus a fee of thirty-five cents per page for copies of documents made on a standard photocopy machine.

2. Notwithstanding provisions of this section to the contrary, providers may charge for the reasonable cost of all duplications of medical record material or information which cannot routinely be copied or duplicated on a standard commercial photocopy machine.

3. The transfer of the patient's record done in good faith shall not render the provider liable to the patient or any other person for any consequences which resulted or may result from disclosure of the patient's record as required by this section.

4. Such records will be furnished within thirty days of the receipt of the request for such records. When such records are copied and produced by the provider, they shall, upon request, attest to the accuracy and completeness and shall have a cover affidavit attesting to their production as business records of the provider in compliance with section 490.692, RSMo, and such records are admissible as business records pursuant to sections 490.660 to 490.690, RSMo. Any additional fee charged for the attestation shall not exceed eight dollars. Failure by the provider to comply with the provisions of this section within thirty days of receipt of the request for such records shall result in the waiver of one-half of all handling, attestation and per page copying fees. Failure by the provider to comply with the provisions of this section within sixty days of the receipt of the request for such records shall result in the waiver of all handling, attestation and per page copying fees.

5. Beginning January 1, 2001, the limitation on the handling and attestation fees, but not the per page copying fees provided for in this section, shall be increased or decreased on an annual basis effective January first of each year in accordance with the implicit price deflator for personal consumption expenditures as published by the Bureau of Economic Analysis of the United States Department of Commerce. The current value of the fees shall be calculated by the director of the department of insurance, who shall furnish that value to the secretary of state, who shall publish such value in the Missouri Register as soon after each January first as practicable, but it shall otherwise be exempt from the provisions of section 536.021, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Banks offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 10, Section 1, Line 22 of said page, by inserting after all of said line the following:

"Section 2. 1. All individuals and group health insurance policies providing coverage on an expense incurred basis, individual and group service or indemnity type contracts issued by a nonprofit corporation, individual and group service contracts issued by a health maintenance organization, all self-insured group arrangements to the extent not preempted by federal law and all managed health care delivery entities of any type or description, that are delivered, issued for delivery, or renewed on or after January 1, 1999, and providing coverage to any resident of this state shall provide coverage for a second medical opinion to be given to any person covered by the policy prior to any major surgical or operative procedure. Such second opinion may be given by any physician, whether in or outside of a preferred provider network.

2. Such services shall be provided subject to the same deductibles and copayments required pursuant to the patient's health care coverage. Nothing in this act shall apply to accident-only, hospital indemnity, Medicare supplement, short term major medical policies of six months or less duration, long-term care, or other limited benefit health insurance policies."; and

Further amend the title and enacting clause accordingly.

Senator Banks moved that the above amendment be adopted.

Senator Rohrbach offered SSA 1 for SA 10:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 3, Section 354.535, Line 1, by inserting immediately before said line the following:

"354.207. 1. A health services corporation shall allow enrollees to seek a second medical opinion or consultation from a willing second physician at no additional cost to the enrollee beyond what the enrollee would otherwise pay for an initial medical opinion or consultation from that second physician.

2. If an enrollee chooses to seek a second medical opinion, and if the health services corporation does not employ or contract with another physician with the expertise necessary to provide a second medical opinion, then the health services corporation shall arrange for a referral to another physician with the necessary expertise to provide a second opinion or consultation and ensure that the enrollee obtains the covered benefit at no greater cost to the enrollee than if the benefit were obtained from participating physicians.

354.546. 1. A health maintenance organization shall allow enrollees to seek a second medical opinion or consultation from the health maintenance organization's choice of other primary care physicians and specialty physicians at no additional cost to the enrollee beyond what the enrollee would otherwise pay for an initial medical opinion or consultation.

2. If an enrollee chooses to seek a second medical opinion, and if the health maintenance organization does not employ or contract with another physician with the expertise necessary to provide a second medical opinion, then the health maintenance organization shall arrange for a referral to a physician with the necessary expertise to provide a second opinion or consultation and ensure that the enrollee obtains the covered benefit at no greater cost to the enrollee than if the benefit were obtained from participating physicians.

Section 1. The second opinions required in sections 354.207 and 354.546 shall be covered only in the event that the original diagnosis requires major surgery or other treatment necessitating general anesthesia or other serious illness involving loss of bodily part or function or other debilitating disease."; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 11, Section 1, Line 2, by inserting immediately after said line the following:

"Section 1. To the extent consistent with the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001, et seq., this section shall apply to any health insurer in defined in section 376.806, RSMo., nonprofit health service plan, or health maintenance organization.

2. Within forty-five days after receipt of a claim for reimbursement from a person entitled to reimbursement, a health insurer as defined in section 376.806, RSMo., nonprofit health service plan, or health maintenance organization shall:

(1) Pay the claim in accordance with this section; or

(2) Send a notice of receipt and status of the claim that states:

(a) That the insurer, nonprofit health service plan, or health maintenance organization refuses to reimburse all or part of the claim and the reason for the refusal; or

(b) That additional information is necessary to determine if all or part of the claim will be reimbursed and what specific additional information is necessary.

3. (1) If an insurer, nonprofit health service plan, or health maintenance organization fails to comply with subsection 2 of this section, the insurer, nonprofit health service plan, or health maintenance organization shall pay interest on the amount of the claim that remains unpaid forty-five days after the claim is filed at the monthly rate of one percent.

(2) The interest paid pursuant to this subsection shall be included in any late reimbursement without the neccessity for the person that filed the original claim to make an additional claim for that interest.

4. (1) Within ten days after the day on which all additional information is received by an insurer, nonprofit health service plan, or health maintenance organization, it shall:

(a) Pay the claim in accordance with this section; or

(b) Send a written notice that:

a. States refusal to reimburse the claim or any part of the claim; and

b. Specifies each reason for denial.

(2) An insurer, nonprofit health service plan, or health maintenance organization that fails to comply with subdivision (1) of this subsection shall pay interest on any amount of the claim that remains unpaid at the monthly rate of one percent.

5. This section shall become effective April 1, 1999. ".

Senator Singleton moved that the above amendment be adopted.

Senator Rohrbach raised the point of order that SA 11 is out of order in that it exceeds both the title and subject matter of the original bills.

Senator Mathewson assumed the Chair.

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

President Pro Tem McKenna assumed the Chair.

SA 11 was again taken up.

Senator House offered SSA 1 for SA 11:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 11, Section 1, Line 2 of said page, by inserting immediately after said line the following:

"Section 2. 1. To the extent consistent with the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001, et seq., this section shall apply to any health insurer as defined in section 376.806, RSMo, nonprofit health service plan or health maintenance organization. It shall not apply to Administrative Services Only (ASO) contracts or to third-party administrators under contract to a self-funded group only to administer benefits, nor shall it apply to claims filed under the Medicaid or Medicare programs. Further, this section shall not be applicable to any insurer, health services corporation, health maintenance organization or third-party administrator which has a performance standard agreement with the plan, provider, or insured party, which is substantially equivalent to or better than the performance standard in this section.

2. A health insurer, nonprofit health service plan or health maintenance organization, as defined in section 376.806, RSMo, shall do one of the following within forty-five days after receipt of a claim for reimbursement from a person whose residence or place of business is located in the state of Missouri, who is entitled to reimbursement, and who has a current contract in force with the health insurer:

(1) Pay the claim in accordance with this section; or

(2) Send a notice of receipt and status of the claim that states that:

(a) The insurer, nonprofit health service plan or health maintenance organization refuses to reimburse all or part of a claim and the reason for the refusal; or

(b) Information in addition to that required pursuant to subsection 5 of this section is necessary to determine if all or part of the claim will be reimbursed and what specific additional information is necessary.

3. Within fifteen business days after the day on which all additional information is received by an insurer, nonprofit health service plan or health maintenance organization, it shall:

(1) Pay the claim in accordance with this section; or

(2) Send a written notice that states that no further benefits are payable under the plan, and specifies each reason for denial.

4. If an insurer, nonprofit health service plan, or health maintenance organization that is subject to this section fails to comply with subsection 2 or 3 of this section, then such organization with respect to claims covered by this section shall pay interest on the amount of the claim that remains unpaid forty-five days after the claim is filed until the organization gives written notice that no further benefits are payable under the plan with respect to the subject claim. Such interest shall be at a monthly rate equal to the rate mandated to be used by the United States Health Care Financing Administration for the payment of interest on late claims filed under the Medicare program. Nothing in this section shall require a health insurer, nonprofit health service corporation or health maintenance organization to pay a claim in less than forty-five calendar days.

5. For purposes of this section, a claim for reimbursement shall be deemed to be received by a health insurer only when the person entitled to reimbursement has provided all information required on the claim form mandated by section 374.184, RSMo, or such information as is agreed to by the health insurer, nonprofit health services corporation or health maintenance organization and the person entitled to reimbursement.

6. This section shall not apply to any claim for reimbursement that is filed by a health care professional as defined in section 354.600, RSMo, and which is received by a health carrier after December 31, 1999, unless such claim is submitted in an electronic format or unless such claim cannot be electronically filed.

7. This section shall become effective July 1, 1999."; and

Further amend the title and enacting clause accordingly.

Senator House moved that the above substitute amendment be adopted.

At the request of Senator Scott, HCS for HB 1315 and HS for HB 1070, with SCS, SS for SCS, SA 11 and SSA 1 for SA 11 (pending), were placed on the Informal Calendar.

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 Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HCS for HB 1095, as amended: Representatives: Smith, Gaw, Davis, Legan, Elliott.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS No. 2 for HCS for SS for SCS for SBs 675, 483, 490 and 564, as amended: Representatives: Scheve, Bray, Gaw, Lograsso and Vogel.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1571 and has again taken up and passed SCS for HB 1571.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1309 and has again taken up and passed SCS for HB 1309.

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 1369 and has again taken up and passed HB 1369, 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 1528 and has again taken up and passed SCS for HB 1528.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to HB 1088 and has again taken up and passed HB 1088, 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 1145 and has again taken up and passed SCS for HB 1145.

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 1636, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted the emergency clause for SB 945, with HA 1.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HBs 1681 and 1342, as amended: Representatives: Koller, Wiggins, Leake, Foster, Cooper.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SB 487, entitled:

An Act to repeal sections 301.344, 304.155, 304.156, 304.157 and 304.158, RSMo Supp. 1997, relating to the removal of abandoned property, and to enact in lieu thereof six new sections relating to the same subject.

With House Amendments Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Pages 1 and 2, Section 301.344, by deleting all of said section and inserting in lieu thereof the following:

"301.344. 1. No town, city, village or municipality shall require a fee, permit or license for any reason from any wrecker or tow service business registered with the United States Department of Transportation, however, any county or a city not within a county of this state shall require such a fee, permit or license of any such business physically located in such county or city not within a county or of any such business which conducts more than fifty percent of its wrecker or tow service business activities in such county or city not within a county.

2. In addition to the provisions of subsection 1 of this section, a city not within a county shall annually require a fee, permit or license from any wrecker or tow service business performing nonconsensual towing within the boundaries of a city not within a county. For the purposes of this subsection, "nonconsensual" means any agreement to tow a vehicle off private property without the consent of the owner of the vehicle. Any wrecker or tow service business licensed pursuant to subsection 1 of this section shall not be required to obtain a separate license, fee or permit to comply with this subsection.".

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Page 1, In the Title, Line 2, by inserting immediately after the word "repeal" the following: "section 301.640, RSMo 1994, and"; and

Further amend said bill, Page 1, In the Title, Lines 4 and 5, by deleting the words "the removal of abandoned property" and inserting in lieu thereof the words "motor vehicles"; and

Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 9, by deleting the word "Sections" and inserting in lieu thereof the following: "Section 301.640, RSMo 1994, and sections"; and

Further amend said bill, Page 1, Section A, Line 10, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 11, by inserting immediately after the figure "301.344," the figure "301.640,"; and

Further amend said bill, Page 2, Section 301.344, Line 10, by inserting immediately after all of said line the following:

"301.640. 1. Upon the satisfaction of [a] any lien or encumbrance of a motor vehicle or trailer for which the certificate of ownership is in possession of the lienholder, he shall, within ten business days [after demand and, in any event, within thirty days,] release his lien or encumbrance on the certificate, and mail or deliver the certificate to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner may cause the certificate to be mailed or delivered to the director of revenue, who shall issue a new certificate of ownership upon application and payment of the required fee. A lien or encumbrance shall be satisfied for the purposes of this section when a lienholder receives payment in full in the form of certified funds, as defined in section 381.410, RSMo.

2. Upon the satisfaction of [a] any lien or encumbrance in a motor vehicle or trailer for which a certificate is in possession of a prior lienholder, the lienholder whose lien or encumbrance is satisfied shall within ten business days [after demand and, in any event, within thirty days,] release the lien or encumbrance on the certificate and deliver the certificate to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate shall at the request of the owner and upon surrender of the certificate of title by the owner and receipt of the required fee, either mail or deliver the certificate of ownership to the director of revenue, or deliver the certificate to the owner, or the person authorized by him, for delivery to the director of revenue, who shall issue a new certificate.

3. If the purchase price of a motor vehicle or trailer did not exceed six thousand dollars at the time of purchase, a lien or encumbrance which was not perfected by a motor vehicle financing corporation whose net worth exceeds one hundred million dollars, or a depository institution, shall be considered satisfied within six years from the date the lien or encumbrance was originally perfected unless a new lien or encumbrance has been perfected as provided in section 301.600. This subsection does not apply to motor vehicles or trailers for which the certificate of ownership has recorded in the second lienholder portion the words "subject to future advances".

4. Any lienholder who fails to comply with subsection 1 or 2 of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars for the first ten business days after expiration of the time period prescribed in subsection 1 or 2 of this section, and such payment shall double for each ten days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars for each lien. If delivery of the certificate is made by mail, the delivery date is the date of the postmark for purposes of this subsection.

Section B. Section A of this act shall become effective on January 1, 1999.".

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Page 1, In the Title, Line 2, by inserting after the word "repeal" the following: "section 144.025, RSMo 1994, and"; and

Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 9, by deleting the word "Sections" and inserting in lieu thereof the following: "Section 144.025, RSMo 1994, and sections"; and

Further amend said bill, Page 1, Section A, Line 10, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 11, by inserting after the word "sections" the number "144.025,"; and

Further amend said bill, Page 1, Section A, Line 12, by inserting after all of said line the following:

"144.025. 1. Notwithstanding any other provisions of law to the contrary, in any retail sale other than retail sales governed by subsection [3] 4 of this section, where any article on which sales or use tax due, if any, was paid, credited, satisfied or waived is taken in trade as a credit or part payment on the purchase price of the article being sold, the tax imposed by sections 144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds the actual allowance made for the article traded in or exchanged, if there is a bill of sale or other record showing the actual allowance made for the article traded in or exchanged. Where the purchaser of a motor vehicle, trailer, boat or outboard motor receives a rebate from the seller or manufacturer, the tax imposed by sections 144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds the amount of the rebate, if there is a bill of sale or other record showing the actual rebate given by the seller or manufacturer. Where the trade-in or exchange allowance plus any applicable rebate exceeds the purchase price of the purchased article there shall be no sales or use tax owed. This section shall also apply to motor vehicles, trailers, boats, and outboard motors sold by the owner or holder of a properly assigned certificate of ownership if the seller purchases or contracts to purchase a [replacement] subsequent motor vehicle, trailer, boat, or outboard motor within ninety days before or after the date of the sale of the original article and a notarized bill of sale showing the paid sale price is presented to the department of revenue at the time of licensing. A copy of the bill of sale shall be left with the licensing office. Where the [new replacement] subsequent motor vehicle, trailer, boat, or outboard motor is titled more than ninety days after the sale of the original motor vehicle, trailer, boat, or outboard motor, the allowance pursuant to this section shall be made if the person titling such article establishes that the purchase or contract to purchase was finalized prior to the expiration of the ninety-day period.

2. As used in this section, the term "boat" includes all motorboats and vessels, as the terms "motorboat" and "vessel" are defined in section 306.010, RSMo.

3.  As used in this section, the term "motor vehicle" includes motor vehicles as defined in section 301.010, RSMo, recreational vehicles as defined in section 700.010, RSMo, or a combination of a truck as defined in section 301.010, RSMo, and a trailer as defined in section 301.010, RSMo.

[3.] 4. The provisions of subsection 1 of this section shall not apply to retail sales of manufactured homes in which the purchaser receives a document known as the "Manufacturer's Statement of Origin" for purposes of obtaining a title to the manufactured home from the department of revenue of this state or from the appropriate agency or officer of any other state.".

HOUSE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Page 1, In the Title, Line 5, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 10, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 12, by deleting the word and number "and 1" and inserting in lieu thereof the following: ", 1 and 2"; and

Further amend said bill, Page 36, Section 1, Line 2, by adding after all of said line the following:

"Section 2. 1. The provisions of this section shall only apply to any county of the first classification with a charter form of government with a population of at least two hundred thousand inhabitants that adjoins a county of the first classification with a charter form of government with a population of at least nine hundred thousand inhabitants.

2. For safety, security and financial responsibility when dealing with motor vehicles of others, whenever a towing company bids on a contract with a political subdivision for towing services, the towing company, its subsidiary, affiliate or any other person or entity who contracts with such towing company to perform towing services shall present proof to the political subdivision that:

(1) The company has a surety bond of not less than one hundred thousand dollars per occurrence;

(2) The towing company does not lease more than seventy-five percent of the towing vehicles which are to be used in connection with the towing contract;

(3) Each driver has been given an annual mandatory drug test by an independent health care provider;

(4) A storage lot used in the performance of the contract is located within the county where the political subdivision is located and staffed twenty-four hours a day and seven days a week.

3. The provisions of this section shall not apply to any towing company, combined with its subsidiaries, affiliates or any other person or entity who contracts with such towing company to perform any towing service, that have less than five towing vehicles.".

HOUSE AMENDMENT NO. 5

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Page 1, In the Title, Line 5, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, In the Title, Line 6, by inserting immediately after the word "subject" the following: ", with penalty provisions"; and

Further amend said bill, Page 1, Section A, Line 10, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 12, by deleting the word and figures "304.158 and 1" and inserting in lieu thereof the word and figures "304.158, 1 and 2"; and

Further amend said bill, Page 36, Section 1, Line 2, by inserting immediately after all of said line the following:

"Section 2. 1. No person or corporation shall operate a wrecker or tow service business in this state unless the person or corporation holds a valid business license which is required and issued by any county or city not within a county within which the wrecker or tow service business is physically located or conducts fifty percent or more of its business.

2. No person or corporation shall operate a wrecker or tow service business in this state unless the person or corporation has clearly and visibly printed on all wreckers and tow vehicles operated by the person or corporation the business name and address of such person or corporation and a telephone number at which a law enforcement officer or owner of a towed vehicle may contact the person or corporation during regular business hours.

3. Any person or corporation violating the provisions of this section is guilty of a misdemeanor.".

HOUSE AMENDMENT NO. 6

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Page 11, Section 304.156, Line 14, by deleting the following: "company [and owner or lienholder]. Any towing company which" and inserting in lieu thereof the following: "company and owner or lienholder. [Any towing company which"; and

Further amend said bill, Page 11, Section 304.156, Line 20, by inserting immediately after the word and period "state." a closed bracket "]"; and

Further amend said bill, Page 13, Section 304.156, Line 15, by deleting the following: "[this section] sections 304.155 to 304.158." and inserting in lieu thereof the following: "this section.".

HOUSE AMENDMENT NO. 7

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Page 18, Section 304.156, Line 5, by deleting the words "has received" and inserting in lieu thereof the following: "was sent a".

HOUSE AMENDMENT NO. 8

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Page 21, Section 304.156, Line 1, by deleting the words "five hundred" and inserting in lieu thereof the words "one thousand"; and

Further amend said bill, page 21, line 2, by deleting the words "five hundred" and inserting in lieu thereof the words "one thousand".

HOUSE AMENDMENT NO. 9

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Page 11, Section 304.156, Line 13, by inserting an opening bracket "[" immediately before the word "towing"; and

Further amend said bill, Page 11, Section 304.156, Line 14, by deleting the following: "[and owner or lienholder]" and inserting in lieu thereof the following: "and] owner or lienholder by certified mail and the towing company by regular mail"; and

Further amend said bill, page 12, line 1, by inserting an opening bracket "[" immediately before the word "by" and a closing bracket "]" immediately after the word "requested".

HOUSE AMENDMENT NO. 10

Amend House Substitute for House Committee Substitute for Senate Bill No. 487, Pages 1-2, Section 301.344, by deleting all of said section; and

Further amend section 1, pages 35-36, by deleting all of said section; and

Amend the title and enacting clause accordingly.

In which the concurrence of the Senate is respectfully requested.

PRIVILEGED MOTIONS

Senator Mathewson moved that the Senate refuse to recede from its position on SCS for HS for HCS for HB 1636, as amended, and grant the House a conference thereon; and further that the conferees be allowed to exceed the differences, which motion prevailed.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1020, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

HOUSE BILLS ON THIRD READING

Senator Lybyer requested unanimous consent of the Senate to suspend Senate Rule 52 for the purpose of taking up HCS for HB 1013, with SCS, for 3rd reading and final passage, which request was granted.

HCS for HB 1013, with SCS, entitled:

An Act to appropriate money for real property leases, related services, utilities, systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds, for the period beginning July 1, 1998, and ending June 30, 1999.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1013, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1013An Act to appropriate money for real property leases, related services, utilities, systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds, for the period beginning July 1, 1998, and ending June 30, 1999.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1013 be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1013 was read the 3rd time and passed by the following vote:

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

Senator Lybyer requested unanimous consent of the Senate to suspend Senate Rule 52 for the purpose of taking up HCS for HB 1020, with SCS, for 3rd reading and final passage, which request was granted.

HCS for HB 1020, with SCS, entitled:

An Act to appropriate money for planning, grants, equipment, lease purchase payments, and for capital improvements including but not limited to additions, renovation, new structures and land improvements, and to transfer money among certain funds.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1020, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1020An Act to appropriate money for planning, grants, equipment, lease purchase payments and for capital improvements, including but not limited to additions, renovation, new structures and land improvements, and to transfer money among certain funds.

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1020 be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1020 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
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Maxwell--1
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.

Senator Lybyer requested unanimous consent of the Senate to suspend Senate Rule 52 for the purpose of taking up HB 1021, with SCA 1, for 3rd reading and final passage, which request was granted.

HB 1021, with SCA 1, introduced by Representative Franklin, entitled:

An Act to appropriate money for capital improvement and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 1998 and ending June 30, 1999.

Was 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 1021, 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
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Maxwell--1
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.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 1620, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HCS for HB 1620, with SCS, entitled:

An Act to repeal section 620.467, RSMo 1994, relating to the division of tourism, and to enact in lieu thereof one new section relating to the same subject.

Was taken up by Senator Johnson.

SCS for HCS for HB 1620, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1620

An Act to repeal section 620.467, RSMo 1994, relating to the division of tourism, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Johnson moved that SCS for HCS for HB 1620 be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for HCS for HB 1620 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators
Goode Mueller--2
Absent--Senator Maxwell--1
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.

Senator Scott moved that HCS for HB 1315 and HS for HB 1070, with SCS, SS for SCS, SA 11, and SSA 1 for SA 11 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SSA 1 for SA 11 was again taken up.

Senator Schneider offered SA 1 to SSA 1 for SA 11:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 11

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 11 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 3, Section 2, Line 22 of said page, by inserting after all of said line the following:

"7. The provisions of this section shall also apply to any reimbursement paid by health care providers to any insured or enrollee where the health care provider was compensated at the time of the delivery of health care services by the insured or enrollee and subsequently reimbursed by a health insurer. Interest shall begin 15 business days following receipt of payment from the health insurer to the provider on that amount paid by the insured or enrollee which is to be reimbursed."; and

Further amend line 23, by striking "7" and substitute "8".

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Ehlmann, House, Klarich and Rohrbach.

SA 1 to SSA 1 for SA 11 failed of adoption by the following vote:

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

Senator Schneider offered SA 2 to SSA 1 for SA 11, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 11

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 11 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 3, Section 2, Line 22 of said page, by inserting immediately after all of said line the following:

"7. The provisions of this section shall also apply to any reimbursement paid by health care providers to any insured or enrollee where the health care provider was compensated at the time of the delivery of health care services by the insured or enrollee and subsequently reimbursed by a health insurer. Interest shall begin thirty business days following receipt of payment from the health insurer to the provider on that amount paid by the insured or enrollee which is to be reimbursed."; and

Further renumber the remaining subsection accordingly.

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

Senator Yeckel offered SA 3 to SSA 1 for SA 11:

SENATE AMENDMENT NO. 3 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 11

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 11 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 1, Section 2, Lines 10-11, by striking the words ", nor shall it apply to claims filed under the Medicaid or Medicare programs" from said lines; and

Further amend said amendment, page 1, line 16, by inserting after the word "section" the following: "and whose actual performance is equal to or better than the performance standard in this section"; and

Further amend said amendment, page 3, lines 3-6, by striking all of said lines and inserting in lieu thereof the following: "be at the rate of one percent per month. Nothing in this section shall require a health insurer"; and

Further amend said amendment, page 3, lines 17-22, by striking all of said lines; and further by renumbering subsection 7 accordingly.

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

Senator Schneider offered SA 4 to SSA 1 for SA 11, as amended, which was read:

SENATE AMENDMENT NO. 4 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 11

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 11 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 3, Section 2, Line 22 of said page, by inserting after all of said line the following:

"7. The provisions of this section shall also apply to any reimbursement paid by health care providers to any insured or enrollee where the health care provider was compensated at the time of the delivery of health care services by the insured or enrollee and subsequently reimbursed by a health insurer. Interest shall begin twenty business days following receipt of payment from the health insurer to the provider on that amount paid by the insured or enrollee which is to be reimbursed."; and

Renumber the remaining subsections accordingly.

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

SSA 1 for SA 11, as amended, was again taken up.

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

SA 11 was again taken up.

Senator Schneider offered SA 1 to SA 11, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 11

Amend Senate Amendment No. 11 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 2, Line 16 of said page, by inserting immediately after all of said line the following:

"4. The provisions of this section shall also apply to any reimbursement paid by health care providers to any insured or enrollee where the health care provider was compensated for the delivery of health care services by the insured or enrollee and subsequently reimbursed by a health insurer. Interest shall begin forty-five days following receipt of payment from the health insurer to the provider on that amount paid by the insured or enrollee which is to be reimbursed."; and

Further renumber the remaining subsections accordingly.

Senator Schneider moved that the above amendment be adopted.

At the request of Senator Scott, HCS for HB 1315 and HS for HB 1070, with SCS, SS for SCS, SA 11 and SA 1 to SA 11 (pending), were placed on the Informal Calendar.

PRIVILEGED MOTIONS

Senator Howard moved that the Senate refuse to concur in HA 1 to SB 945 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Caskey moved that the Senate refuse to recede from its position on SCS for HB 1918 and grant the House a conference thereon; and further that the conferees be allowed to exceed the differences, which motion prevailed.

Senator Jacob moved that the Senate grant the House a further conference on HCS for SB 778, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

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

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HS for HCS for HB 1636, as amended: Senators Mathewson, Scott, Wiggins, Ehlmann and Bentley.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS No. 2 for SS for SCS for SBs 675, 483, 490 and 564, as amended: Senators Johnson, Wiggins, McKenna, Childers and Mueller.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HB 1918: Senators Caskey, House, DePasco, Sims and Bentley.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Quick moved that the vote by which the substitute motion on HS for SS No. 2 for SCS for SB 632 was adopted be reconsidered.

Senator Mathewson assumed the Chair.

Senator Singleton raised the point of order that the motion made by Senator Quick for reconsideration is out of order because the bill is not properly before the body.

The point of order was referred to the President Pro Tem.

At the request of Senator Singleton, the point of order was withdrawn.

At the request of Senator Quick, the motion for reconsideration was withdrawn.

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 1872, regarding the Sixty-seventh Wedding Anniversary of Mr. and Mrs. Earl Baumgardner, Poplar Bluff, which was adopted.

Senator Klarich offered Senate Resolution No. 1873, regarding Elizabeth Ann "Betty" Buersmeyer, St. Louis, which was adopted.

Senator Curls offered Senate Resolution No. 1874, regarding the death of Willie Crawford Collins, Sr., which was adopted.

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 488 entitled:

"AN ACT"

To repeal sections 21.570 and 162.857, RSMo Supp. 1997, relating to special school districts and vocational education, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

On May 6, 1998, I approved said Senate Bill No. 488.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 537 entitled:

"AN ACT"

To amend chapters 404 and 456, RSMo, by adding thereto two new sections relating to powers of certain legal representatives.

On May 6, 1998, I approved said Senate Bill No. 537.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 580 entitled:

"AN ACT"

To repeal section 79.050, RSMo 1994, relating to municipal elections in fourth class cities, and to enact in lieu therof one new section relating to the same subject.

On May 6, 1998, I approved said Senate Bill No. 580.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 597 entitled:

"AN ACT"

To repeal section 52.275, RSMo 1994, relating to drainage districts, and to enact in lieu therof one new section relating to the same subject.

On May 6, 1998, I approved said Senate Bill No. 597.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 642 entitled:

"AN ACT"

To repeal section 33.103, RSMo Supp. 1997, relating to state financial administration, and to enact in lieu thereof one new section relating to the same subject.

On May 6, 1998, I approved said Senate Bill No. 642.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 652 entitled:

"AN ACT"

To repeal section 137.290, RSMo 1994, relating to county tax books, and to enact in lieu thereof one new section relating to the same subject.

On May 6, 1998, I approved said Senate Committee Substitute for Senate Bill No. 652.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 658 entitled:

"AN ACT"

To repeal sections 164.011 and 165.011, RSMo Supp. 1997, relating to school funds, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

On May 6, 1998, I approved said Senate Bill No. 658.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 684 entitled:

"AN ACT"

To repeal sections 211.073 and 211.181, RSMo Supp. 1997, relating to juveniles, and to enact in lieu thereof two new sections relating to the same subject.

On May 6, 1998, I approved said Senate Committee Substitute for Senate Bill No. 684.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 695 entitled:

"AN ACT"

To authorize the board of regents of Southeast Missouri State University to convey certain property of Southeast Missouri State University in Cape Girardeau County Missouri, to the city of Cape Girardeau.

On May 6, 1998, I approved said Senate Bill No. 695.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 720 entitled:

"AN ACT"

To amend chapter 210, RSMo, by adding thereto three new sections relating to the children's services commission's study on children of incarcerated parents.

On May 6, 1998, I approved said Senate Bill No. 720.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 764 entitled:

"AN ACT"

To repeal section 473.767, RSMo 1994, relating to probate code, and to enact in lieu thereof one new section relating to the same subject.

On May 6, 1998, I approved said Senate Bill No. 764.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 820 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, 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.

On May 6, 1998, I approved said Senate Committee Substitute for Senate Bill No. 820.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 832 entitled:

"AN ACT"

To repeal section 350.015, RSMo 1994, relating to farm corporations, and to enact in lieu thereof one new section relating to the same subject.

On May 6, 1998, I approved said Senate Bill No. 832.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 917 entitled:

"AN ACT"

To repeal section 65.230, RSMo 1994, and section 50.660, RSMo Supp. 1997, relating to county administration, and to enact in lieu thereof two new sections relating to the same subject.

On May 6, 1998, I approved said Senate Bill No. 917.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 918 entitled:

"AN ACT"

To repeal sections 630.520 and 630.530, RSMo 1994, relating to lease of land.

On May 6, 1998, I approved said Senate Bill No. 918.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 928 entitled:

"AN ACT"

To authorize the conveyance of state property to the city of St. Peters.

On May 6, 1998, I approved said Senate Bill No. 928.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 6, 1998

TO THE SECRETARY OF THE SENATE

89th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 961 entitled:

"AN ACT"

To repeal section 210.109, RSMo Supp. 1997, relating to the child protection system established by the division of family services, and to enact in lieu thereof one new section relating to the same subject.

On May 6, 1998, I approved said Senate Bill No. 961.

Respectfully submitted,

MEL CARNAHAN

Governor

INTRODUCTIONS OF GUESTS

Senator Maxwell introduced to the Senate, the Physician of the Day, Dr. Steve Halpin, M.D., and his son, Brandon, Hannibal.

Senator Caskey introduced to the Senate, Jack King, and fifteen students from Harrisonville Christian School, Harrisonville; and Emily Lockard, Megan Mickelberry, Josh Evers and Daninelle Scavuzzo were made honorary pages.

On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Friday, May 8, 1998.