Journal of the Senate

FIRST REGULAR SESSION


FORTY-EIGHTH DAY--TUESDAY, APRIL 6, 1999


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl R. Gauck offered the following prayer:

Almighty God: We pray this day that we may love You as You love us and that what we do reflects that love to others. May we always trust You for the wisdom we need to make the correct moral decisions in our lives and the legislation we pass. We also pray that Your wisdom may be given to the leaders of this world, that peace and reconciliation may be once again found between the Serbian and Kosovo people and that our military personnel may be protected by Your mighty hand. This we ask in Your Holy Name. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal for Thursday, April 1, 1999, was read and approved.

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

Present--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
Absent with leave--Senators
Banks Bland--2
The Lieutenant Governor was present.

RESOLUTIONS

Senator Schneider offered Senate Resolution No. 497, regarding Mary Liz Fick, St. Charles, which was adopted.

Senator Steelman offered Senate Resolution No. 498, regarding Bob and Jo Campbell, Rolla, which was adopted.

Senator Ehlmann offered Senate Resolution No. 499, regarding the One Hundredth Birthday of Mrs. Inez Mae Helling, St. Charles, which was adopted.

Senator Flotron offered Senate Resolution No. 500, regarding Frank Frawley, St. Louis, which was adopted.

On behalf of Senator Bland, Senator Quick offered Senate Resolution No. 501, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Alfred "Slick" Surratt, Kansas City, which was adopted.

Senator Graves offered Senate Resolution No. 502, regarding the Tarkio High School Girls Basketball Team, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 503, regarding Jason Richter, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 504, regarding Laura Addison, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 505, regarding Sam and Jan Vitale, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 506, regarding Jeremiah Burpo, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 507, regarding Patrick M. Williams, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 508, regarding Thomas Donovan, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 509, regarding Pundmann Ford, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 510, regarding Sergeant Gary Schwendemann, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 511, regarding Rick and Bobbie Miller, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 512, regarding Misty Gether, St. Charles, which was adopted.

Senators House and Ehlmann offered Senate Resolution No. 513, regarding the St. Charles Bureau of KSDK News Channel 5, which was adopted.

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

SENATE RESOLUTION NO. 514

WHEREAS, the Internal Revenue Code authorizes certain cash or deferred arrangements, popularly known as "401(k) plans", for employees to participate in tax-advantaged retirement plans; and

WHEREAS, 401(k) plans allows an employee to choose whether a certain amount is to be paid in cash or paid by his or her employer on the employee's behalf to a qualified trust; and

WHEREAS, the income earned by funds in the 401(k) plans are exempt from income tax until the participant has amounts distributed to him or her, usually after retirement; and

WHEREAS, a 10% excise tax is levied on withdrawals from such tax-advantaged retirement plans made before the participant has attained the age of 59 and one-half years, unless one of several exceptions apply; and

WHEREAS, these exceptions include events such as when a participant dies or becomes disabled but does not fully cover situations involving the death or disability of a participant's spouse; and

WHEREAS, such events involve a reduction in income contributed to the household and a possibly dramatic increase in household expenses in the case of disability; and

WHEREAS, expanding the exceptions to the tax penalty for early withdrawals in case of the death or disability of a participant's spouse would offer the participant cheaper access to his or her savings at an important time;

NOW THEREFORE BE IT RESOLVED by the Missouri Senate, Ninetieth General Assembly, that the Senate recommends to the Congress of the United States that the Internal Revenue Code be amended to permit penalty-free withdrawals from 401(k) plans under circumstances of the death or disability of a participant's spouse; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Missouri Congressional Delegation.

Senator Russell offered Senate Resolution No. 515, regarding the Boys Basketball Team of Fordland High School, which was adopted.

CONCURRENT RESOLUTIONS

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

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

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

Senator Maxwell moved that SCR 15, with SCS, be taken up for adoption, which motion prevailed.

On motion of Senator Maxwell, SCS for SCR 15 was adopted by the following vote:

YEAS--Senators
Bentley Childers Clay DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Maxwell Mueller
Quick Rohrbach Russell Schneider
Staples Steelman Stoll Westfall
Wiggins Yeckel--26
NAYS--Senators
Caskey Jacob Sims Singleton--4
Absent--Senators
Mathewson Scott--2
Absent with leave--Senators
Banks Bland--2

Senator Stoll moved that SCR 13 be taken up for adoption, which motion prevailed.

On motion of Senator Stoll, SCR 13 was adopted by the following vote:

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

Senator Ehlmann moved that SCR 18 be taken up for adoption, which motion prevailed.

On motion of Senator Ehlmann, SCR 18 was adopted by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Graves
House Howard Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators
Goode Jacob--2
Absent--Senators--None
Absent with leave--Senators
Banks Bland--2

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

REFERRALS

President Pro Tem Quick referred SS for SB 373 and SB 215 to the Committee on State Budget Control.

THIRD READING OF SENATE BILLS

SCS for SB 386, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 386

An Act to repeal sections 362.247, 362.680, 362.925, 362.930, 365.010, 365.020, 456.040, 475.092 and 511.030, RSMo 1994, and sections 143.471, 362.275, 362.550, 362.610, 408.035, 456.520 and 475.093, RSMo Supp. 1998, relating to banking, and to enact in lieu thereof eighteen new sections relating to the same subject.

Was taken up by Senator Clay.

On motion of Senator Clay, SCS for SB 386 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
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators
Banks Bland--2

The President Pro Tem declared the bill passed.

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

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

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

SS for SCS for SB 467, introduced by Senator Caskey, entitled:

SENATE SUBSTITUTE FOR



SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 467

An Act to repeal sections 50.1030, 50.1060, 50.1070, 50.1120, 50.1150, 50.1160 and 50.1170, RSMo 1994, and sections 50.1000, 50.1020, 50.1040, 50.1090, 50.1100, 50.1110, 50.1140 and 50.1180, RSMo Supp. 1998, relating to county employees' retirement system, and to enact in lieu thereof twenty-two new sections relating to the same subject, with an effective date.

Was taken up.

On motion of Senator Caskey, SS for SCS for SB 467 was read the 3rd time and passed by the following vote:

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

Senator Staples assumed the Chair.

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

SS No. 2 for SB 209, introduced by Senator Goode, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 209

An Act to repeal sections 393.298, 393.299 and 393.302, RSMo Supp. 1998, relating to utility taxation, and to enact in lieu thereof eight new sections relating to the same subject, with an emergency clause.

Was taken up.

President Wilson assumed the Chair.

Senator Staples assumed the Chair.

Senator Mathewson assumed the Chair.

On motion of Senator Goode, SS No. 2 for SB 209 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Jacob Johnson
Kenney Kinder Mathewson Maxwell
Mueller Rohrbach Schneider Scott
Sims Staples Steelman Stoll
Westfall Wiggins Yeckel--27
NAYS--Senators
Howard Klarich--2
Absent--Senators
Quick Russell Singleton--3
Absent with leave--Senators
Banks Bland--2

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

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

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

SENATE BILLS FOR PERFECTION

At the request of Senator Wiggins, SB 75, SB 381 and SB 204, with SCS, were placed on the Informal Calendar.

SB 97, with SCAs 1 and 2, was placed on the Informal Calendar.

Senator Mueller moved that SB 89 be taken up for perfection, which motion prevailed.

Senator Mueller offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 89, Page 1, Section A, Line 2, by inserting immediately after said line the following:

"431.180. 1. All persons who enter into a contract for private design or construction work after August 28, 1995, shall make all scheduled payments pursuant to the terms of the contract.

2. Any person who has not been paid in accordance with subsection 1 of this section may bring an action in a court of competent jurisdiction against a person who has failed to pay. The court may in addition to any other award for damages, award interest at the rate of up to one and one- half percent per month from the date payment was due pursuant to the terms of the contract, and reasonable attorney fees, to the prevailing party. If the parties elect to resolve the dispute by arbitration pursuant to section 435.350, RSMo, the arbitrator may award any remedy that a court is authorized to award hereunder.

3. The provisions of this section shall not apply to contracts for private construction work for the building, improvement, repair or remodeling of owner-occupied residential property of four units or less.

4. For purposes of this section, design or construction work shall include design, construction, alteration, repair or maintenance of any building, roadway or other structure or improvement to real property, or demolition or excavation connected therewith, and shall include the furnishing of surveying, architectural, engineering or landscape design, planning or management services, labor or materials, in connection with such work."; and

Further amend the title and enacting clause accordingly.

Senator Mueller moved that the above amendment be adopted.

At the request of Senator Mueller, SB 89, with SA 1 (pending), was placed on the Informal Calendar.

Senator Maxwell moved that SB 97, with SCAs 1 and 2, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

SCA 2 was taken up.

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

At the request of Senator Maxwell, SB 97, as amended, was placed on the Informal Calendar.

Senator Clay moved that SB 328, SB 87, SB 100, and SB 55, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 328, 87, 100 and 55, entitled:

SENATE COMMITTEE SUBSTITUTE FOR



SENATE BILLS NOS. 328, 87, 100 and 55

An Act to repeal sections 565.024, 574.090 and 574.093, RSMo 1994, and section 252.043, RSMo Supp. 1998, relating to the criminal code, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Clay moved that SCS for SBs 328, 87, 100 and 55 be adopted.

Senator Johnson assumed the Chair.

Senator Rohrbach offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 328, 87, 100 and 55, Page 2, Section 565.024, Line 10, by inserting immediately after the end of said line the following:

"570.010. As used in this chapter:

(1) "Adulterated" means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulations of this state lawfully filed, or if none, as set by commercial usage;

(2) "Appropriate" means to take, obtain, use, transfer, conceal or retain possession of;

(3) "Coercion" means a threat, however communicated:

(a) To commit any crime; or

(b) To inflict physical injury in the future on the person threatened or another; or

(c) To accuse any person of any crime; or

(d) To expose any person to hatred, contempt or ridicule; or

(e) To harm the credit or business repute of any person; or

(f) To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or

(g) To inflict any other harm which would not benefit the actor. A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat;

(4) "Credit device" means a writing, number or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer;

(5) "Dealer" means a person in the business of buying and selling goods;

(6) "Debit device" means a card, code, number or other device, other than a check, draft or similar paper instrument, by the use of which a person may initiate an electronic fund transfer, including but not limited to devices that enable electronic transfers of benefits to public assistance recipients;

(7) "Deceit" means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term "deceit" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;

[(7)] (8) "Deprive" means:

(a) To withhold property from the owner permanently; or

(b) To restore property only upon payment of reward or other compensation; or

(c) To use or dispose of property in a manner that makes recovery of the property by the owner unlikely;

[(8)] (9) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulations of this state lawfully filed, or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled as to quality and quantity;

[(9)] (10) "Of another" property or services is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement;

[(10)] (11) "Property" means anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument;

[(11)] (12) "Receiving" means acquiring possession, control or title or lending on the security of the property;

[(12)] (13) "Services" includes transportation, telephone, electricity, gas, water, or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles;

[(13)] (14) "Writing" includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks and any other symbols of value, right, privilege or identification.

570.130. 1. A person commits the crime of fraudulent use of a credit device or debit device if [he] the person uses a credit device or debit device for the purpose of obtaining services or property, knowing that:

(1) The device is stolen, fictitious or forged; or

(2) The device has been revoked or canceled; or

(3) For any other reason his use of the device is unauthorized.

2. Fraudulent use of a credit device or debit device is a class A misdemeanor unless the value of the property or services obtained or sought to be obtained within any thirty-day period is one hundred fifty dollars or more, in which case fraudulent use of a credit device or debit device is a class D felony."; and

Further amend said bill, by amending the titling and enacting clauses accordingly.

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

Senator Ehlmann offered SA 2, which was read:

SENATE AMENDMENT NO. 2



Amend Senate Committee Substitute for Senate Bills Nos. 328, 87, 100 and 55, Pages 2 and 3, Sections 574.087, 574.090 and 574.093, by deleting those sections, and substituting the following: "at the time of sentencing, the judge or jury may consider the status or condition of the victim and the motive of the criminal in determining the punishment for the crime.".

Senator Ehlmann moved that the above amendment be adopted.

At the request of Senator Clay, SB 328, SB 87, SB 100 and SB 55, with SCS and SA 2 (pending), were placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 409, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 426, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 550, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 487, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 183, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 792, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 741, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 257, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 895, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 76, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HCS for HB 348, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 359, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 69, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 248, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 661, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 165, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 136, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 242, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Judiciary, to which was referred HS for HCS for HB 274, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Howard assumed the Chair.

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

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 103, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 275, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 366, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 776, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 795, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 853, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 853, Page 1, Section 89.320, Line 7, by striking "thirteen" and inserting in lieu thereof the following: "fifteen".

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

Mr. President: Your Committee on Pensions and General Laws, to which was referred HB 464, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Pensions and General Laws, to which was referred HB 514, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Pensions and General Laws, to which was referred HB 662, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Education, to which was referred HB 920, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 920, Page 1, In the Title, Line 2, by deleting the words "an advisory committee of"; and

Further amend said bill, Page 1, Section 173.005, Line 10, by inserting immediately after the word "administrator" the words "with a public or private institution of higher education".

Also,

Mr. President: Your Committee on Education, to which was referred HB 778, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 282, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Jacob, Chairman of the Committee on Insurance and Housing, submitted the following reports:

Mr. President: Your Committee on Insurance and Housing, to which was referred HB 445, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 445, Page 1, In the Title, Line 2, by striking the following: "section 383.105" and inserting in lieu thereof the following: "sections 383.105 and 383.500"; and

Further amend said bill, Page 1, In the Title, Line 3, by striking the words "one new section" and inserting in lieu thereof the words "two new sections"; and

Further amend said bill, Page 1, Section A, Line 1, by striking all of said line and inserting in lieu thereof the following:

"Section A. Sections 383.105 and 383.500, RSMo 1994, are repealed and two new sections enacted in"; and

Further amend said bill, Page 1, Section A, Line 2, by striking the following: "section 383.105" and inserting in lieu thereof the following: "sections 383.105 and 383.500"; and

Further amend said bill, Page 2, Section 383.105, Line 25, by inserting after all of said line the following:

"383.500. 1. Beginning on January 1, 1987, any physician or surgeon who is on the medical staff of any hospital located in a county which has a population of more than seventy-five thousand inhabitants shall, as a condition to his or her admission to or retention on the hospital medical staff, furnish satisfactory evidence of a medical malpractice insurance policy of at least five hundred thousand dollars. The provisions of this section shall not apply to physicians or surgeons who:

(1) Limit their practice exclusively to patients seen or treated at the hospital; and

(2) Are insured exclusively under the hospital's policy of insurance or the hospital's self-insurance program.

2. This section shall not in any way limit or restrict the authority of any hospital in this state to issue rules or regulations requiring physicians or other health care professionals to carry minimum levels of professional liability insurance as a condition of membership on a hospital medical staff.

3. As used in this section, a "hospital's self-insurance program" means insurance through a business entity operating pursuant to sections 383.010 to 383.040, in which business entity the hospital is a member.".

Also,

Mr. President: Your Committee on Insurance and Housing, to which was referred HB 478, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator DePasco, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 506, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SJR 17, begs leave to report that it has examined the same and finds that the joint resolution has been truly perfected and that the printed copies furnished the Senators are correct.

HOUSE BILLS ON SECOND READING

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

HB 452--Transportation.

HB 775--Local Government and Economic Development.

HB 542--Ways and Means.

HB 122--Ways and Means.

HB 58--Commerce and Environment.

HB 903--Insurance and Housing.

HB 926--Insurance and Housing.

HB 748--Local Government and Economic Development.

HB 415--Elections, Veterans' Affairs and Corrections.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 987, entitled:

An Act to repeal section 55.041, RSMo 1994, relating to the office of county auditor in certain counties.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 812, entitled:

An Act to repeal sections 205.200 and 206.060, RSMo 1994, relating to public hospitals, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 808, entitled:

An Act to amend chapter 10, RSMo, relating to state emblems by adding thereto one new section relating to the official state fruit.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 965, entitled:

An Act to repeal sections 30.953 and 30.965, RSMo Supp. 1998, relating to the Missouri investment trust, and to enact in lieu thereof three new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REPORTS OF STANDING COMMITTEES

Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following reports:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 35, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 834, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 518, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 518, Page 1, Section 67.1360, Line 5, by deleting all of said line and inserting in lieu thereof the following: "January 1, 2003, or any fourth class city having, according to the last federal decennial census, a population of more than one thousand eight hundred fifty inhabitants but less than one thousand nine hundred fifty inhabitants in a county of the first classification with a charter form of government and having a population of greater than six hundred thousand but less than nine hundred thousand inhabitants, may".

Also,

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 708, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 800, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agri-culture, Conservation, Parks and Tourism, to which was referred HB 791, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Charles Donn James, Democrat, 101 West First Street, Salem, Dent County, Missouri 65560, as a member of the State Board of Embalmers and Funeral Directors, for a term ending April 1, 2004, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Elizabeth Van Uum, 515 East Drive, University City, St. Louis County, Missouri 63130, as a member of the Bi-State Development Agency, for a term ending November 11, 2003, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Douglas W. Guthals, Democrat, 6015 North Michigan, Gladstone, Clay County, Missouri 64118, as a member of the Missouri Health Facilities Review Committee, for a term ending January 1, 2001, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Barry J. Drucker, Republican, 19250 River Ridge Lane, Wildwood, St. Louis County, Missouri 63005, as a member of the State Milk Board, for a term ending September 28, 2001, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Dale D. Turvey, 16601 Kehrsgrove Drive, Chesterfield, St. Louis County, Missouri 63005, as a member of the Missouri State Employees Voluntary Life Insurance Commission, for a term ending October 7, 2001, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Margaret T. Donnelly, 68 Lake Forest Drive, Richmond Heights, St. Louis County, Missouri 63117, as a member of the Bi-State Development Agency, for a term ending November 11, 2002, and until her successor is duly appointed and qualified; vice, Gene Gorden, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

George R. Holske, 4100 Radcliffe Woods Court, Wildwood, St. Louis County, Missouri 63025, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 2000, and until his successor is duly appointed and qualified; vice, John Oro', M.D., resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Melinda Clark, 9531 David Scott, St. Louis, St. Louis County, Missouri 63126, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 2001, and until her successor is duly appointed and qualified; vice, Donna L. Pavlick, withdrawn.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 2, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Robert P. O'Dell, Route 2, Box 84, Conway, Dallas County, Missouri 65632, as a member of the Missouri Planning Council for Developmental Disabilities, for a term ending June 30, 1999, and until his successor is duly appointed and qualified; vice, Sonia Moran, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 6, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Katherine A. Tyler, R.R.T., Democrat, 2110 Owing, Oak Grove, Jackson County, Missouri 64075, as a member of the Missouri Board for Respiratory Care, for a term ending April 3, 2002, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 6, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Anne C. Gardner, 908 West Seventh Street, Sedalia, Pettis County, Missouri 65301, as a member of the Personnel Advisory Board, for a term ending July 3, 2002, and until her successor is duly appointed and qualified; vice, David Harrison, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 6, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Vickie R. Stewart, 4013 Northeast 56th Terrace, Gladstone, Clay County, Missouri 64119, as a member of the Interior Design Council, for a term ending April 6, 2000, and until her successor is duly appointed and qualified; vice, RSMo. 324.406.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 6, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Catherine F. Brown, 3430 Flanders Road, Jefferson City, Cole County, Missouri 65109, as a member of the Interior Design Council, for a term ending April 6, 2003, and until her successor is duly appointed and qualified; vice, RSMo. 324.406.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 6, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Melissa C. Thomas-Hunt, 6301 Washington Avenue, University City, St. Louis County, Missouri 63130, as a public member of the Interior Design Council, for a term ending April 6, 2003, and until her successor is duly appointed and qualified; vice, RSMo. 324.406.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 6, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

William J. Nolan, Jr., 1470 Royal Spring, Sunset Hills, St. Louis County, Missouri 63122, as a member of the Interior Design Council, for a term ending April 6, 2001, and until his successor is duly appointed and qualified; vice, RSMo. 324.406.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 6, 1999

TO THE SENATE OF THE 90th GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

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

Jeanine L. Bequette, 841 Sherilin Drive, Kirkwood, St. Louis County, Missouri 63122, as a member of the Interior Design Council, for a term ending April 6, 2002, and until her successor is duly appointed and qualified; vice, RSMo. 324.406.

Respectfully submitted,

MEL CARNAHAN

Governor

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

COMMUNICATIONS

President Pro Tem Quick submitted the following:

April 6, 1999

The Honorable Ken Jacob

Missouri Senate

State Capitol, Room 420A

Jefferson City, MO 65101

Dear Ken:

It is my pleasure to appoint you to serve as the Senate member on the Midwestern Higher Education Commission, pursuant to Section 173.705, RSMo 1994.

If you have any questions or concerns, please do not hesitate to contact me.

Sincerely,

/s/ Edward E. Quick

Edward E. Quick

President Pro Tem

Missouri Senate

INTRODUCTIONS OF GUESTS

Senator Howard introduced to the Senate, Joan and Sara Abernathy and Ginger and Rachel Mauldin, Campbell; and Sara and Rachel were made honorary pages.

Senator Mathewson introduced to the Senate, Joe Anson, Connie, David, Stephanie and John David Guthrie, Nathan Smith, Kim Younger, Holly Price, Matthew Horsman, Melinda Smith and Jamie Ferlet, Higginsville; and Nathan, Stephanie, John David, Kim, Holly, Matthew, Melinda and Jamie were made honorary pages.

Senator Caskey introduced to the Senate, Donna S. Pfautsch, Harrisonville.

Senator Kinder introduced to the Senate, Linda and Trey Glaus, Sikeston; and Trey was made an honorary page.

Senator Kinder introduced to the Senate, forty-five seventh and eighth grade students from St. Mary's School, Cape Girardeau; and Emily Rigdon, Emily Sessner, Ryan Simmons and Sommer McCauley were made honorary pages.

Senator Caskey introduced to the Senate, his wife, Kay, and constituents from the 31st Senatorial District.

Senator Mueller introduced to the Senate, forty-nine fourth grade students from St. Peter School, Kirkwood; and Margot Brobst, Jeff Dietz, Jason Nau and Riley Reynolds were made honorary pages.

On behalf of Senator Quick, the President introduced to the Senate, his son, Brent Ellison and John Gibson, Liberty.

Senator Westfall introduced to the Senate, his wife, Sharon and his grandson, Cody Ray Westfall, Halfway; and Cody was made an honorary page.

Senator Kenney introduced to the Senate, his father, Charles Kenney, Laguna Beach, California.

Senator Caskey introduced to the Senate, Judy Manford, Lone Jack.



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