Journal of the Senate

FIRST REGULAR SESSION


FIFTY-SIXTH DAY--TUESDAY, APRIL 20, 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, Give to us the strength to persist in spite of life's obstacles and help us to see the things of this life through Your eyes. And help us, Oh God, to cherish those treasures that are eternal while helping us give away whatever love, or kindness or faith we can give to another and in so doing, enjoying Your spiritual benefits forever. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

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

Present--Senators
Banks Bentley Bland 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--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

Senator Howard offered Senate Resolution No. 662, regarding Keisha Hamlett, Kennett, which was adopted.

Senator Howard offered Senate Resolution No. 663, regarding Elizabeth Eggers, Poplar Bluff, which was adopted.

Senator Howard offered Senate Resolution No. 664, regarding Lauren Pu, Kennett, which was adopted.

Senator Yeckel offered Senate Resolution No. 665, regarding Professor Shirley Breeze, St. Louis, which was adopted.

Senator Flotron offered Senate Resolution No. 666, regarding Jeffrey J. "Jeff" Baumgartner, Jr., Ballwin, which was adopted.

Senator Flotron offered Senate Resolution No. 667, regarding Nicholas P. "Nick" Smith, Ballwin, which was adopted.

REFERRALS

President Pro Tem Quick referred HS for HB 516, with SCS, to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

HCS for HB 11, with SCS, entitled:

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, 1999 and ending June 30, 2000.

Was taken up by Senator Goode.

SCS for HCS for HB 11, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 11

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, 1999 and ending June 30, 2000.

Was taken up.

Senator Goode moved that SCS for HCS for HB 11 be adopted.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 32, Section 11.445, Line 29, by deleting the number "151,075,000" and inserting in lieu thereof the number "152,509,423"; and further amend said section, line 30, by deleting the number "295,252,882" and inserting in lieu thereof the number "296,969,520"; and further amend said section, line 33, by deleting the number "659,506,670" and inserting in lieu thereof the number "662,657,731".

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

Senator Wiggins assumed the Chair.

Senator Ehlmann offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 22, Section 11.250, Line 11, by deleting the number "9,515,000" and inserting in lieu thereof the number "9,715,000"; and further amend said section, line 36, by deleting the number "93,425,000" and insert in lieu thereof the number "93,625,000".

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

President Wilson assumed the Chair.

Senator Goode offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 6, Section 11.050, Line 5, by deleting the number "9,871,188" and inserting in lieu thereof the number "11,037,105"; and further amend said section, by deleting line 9; and

Further amend said bill, page 7, line 5, by deleting the number "795,127" and inserting in lieu thereof the number "806,242"; and further amend said section, line 6, by deleting the number "2,794,529" and inserting in lieu thereof the number "2,805,644"; and further amend said section, by deleting lines 16-17; and

Further amend said bill, section 11.065, line 9, by deleting the number "551,644" and inserting in lieu thereof the number "2,043,372"; and further amend said section, line 10, by deleting the number "2,394,625" and inserting in lieu thereof the number "3,886,353"; and further amend said section, line 12, by deleting the number "4,047,570" and inserting in lieu thereof the number "2,555,842"; and further amend said section, line 14, by deleting the number "11,908,756" and inserting in lieu thereof the number "10,417,028".

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

Senator Goode moved that SCS for HCS for HB 11, as amended, be adopted, which motion prevailed.

On motion of Senator Goode, SCS for HCS for HB 11, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
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
Banks Clay--2
Absent with leave--Senators--None

The President declared the bill passed.

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.

HCS for HB 12, with SCS, entitled:

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, 1999 and ending June 30, 2000.

Was taken up by Senator Goode.

SCS for HCS for HB 12, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 12

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, and to transfer money among certain funds, for the period beginning July 1, 1999 and ending June 30, 2000.

Was taken up.

Senator Goode moved that SCS for HCS for HB 12 be adopted, which motion prevailed.

Senator Wiggins assumed the Chair.

On motion of Senator Goode, SCS for HCS for HB 12 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to HCR 4 and has again taken up and passed HCR 4, 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 HCS for HCR 24 and 15.

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTIONS NOS. 24 and 15

Relating to Missouri's support for a return to the state of any tobacco settlement funds recouped by the federal government.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

WHEREAS, on November 23, 1998, a historic accord was reached between 46 states, U.S. territories, commonwealths and the District of Columbia and tobacco industry representatives that called for the distribution of tobacco settlement funds to states over the next twenty-five years; and

WHEREAS, these funds result from the effort put forth by state attorneys general in which states solely assumed enormous risks and displayed determination to initiate a settlement that will lead to reduced youth smoking and reduced access to tobacco products; and

WHEREAS, in the fall of 1997, states were notified by the U.S. Department of Health and Human Services of its intention to "recoup" the federal match from funds states received through suits brought against tobacco manufacturers; and if such recoupment takes place, the states will lose one-half or more of the tobacco settlement funds; and

WHEREAS, the federal government played no role in the suits brought against tobacco manufacturers or the subsequent settlement agreement and the November 23rd accord makes no mention of Medicaid or federal recoupment; and

WHEREAS, the U.S. Department of Health and Human Services has suspended recoupment activities; and

WHEREAS, we the members of the Ninetieth General Assembly believe that the suspension on the federal government's recoupment of tobacco settlement funds should be converted into an outright prohibition against the federal government recouping any of the tobacco settlement money; and

WHEREAS, we the members of the Ninetieth General Assembly believe that if the federal government recoups any funds received through suits brought against tobacco manufacturers, such recoupment should be immediately returned to the state; and

WHEREAS, to prevent the seizure of state tobacco settlement funds when they become available to the states in 2000, an amendment to the Medicaid statute must be enacted to exempt tobacco settlement funds from recoupment:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby go on record in support of state retention of all state tobacco settlement funds; and

BE IT FURTHER RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby urge the federal government, in the event recoupment occurs, to return upon receipt any tobacco settlement funds recouped from the state; and

BE IT FURTHER RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby urge Congress to enact an amendment to the Medicaid statute that would exempt tobacco settlement funds from recoupment; 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 President of the United States, the entire Missouri Congressional delegation, the Secretary of the United States Senate and the Clerk of the United States House of Representatives.

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 HCR 16.

HOUSE CONCURRENT RESOLUTION NO. 16

Relating to the Risk Management Program of the Environmental Protection Agency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

WHEREAS, as required by section 112(r) of the federal Clean Air Act, the Environmental Protection Agency has promulgated the Risk Management Program that requires the development of comprehensive prevention and emergency response programs for propane storage; and

WHEREAS, adequate safeguards to meet public safety needs currently exist under federal, state and local regulations; and

WHEREAS, the Environmental Protection Agency's risk management regulations will dramatically increase costs of doing business without increasing safety by: causing customers to switch away from propane, a federally approved clean fuel; duplicating state regulations based upon existing fire protection standards; duplicating federal right-to-know regulations; and not providing a fuel use exemption similar to OSHA's; and

WHEREAS, the EPA's rules cover anyone with more than 2380 gallons of propane on site, regardless of whether or not it is a single tank or connected tanks which could easily be exceeded by individual restaurants, farms and some residences; and

WHEREAS, the costs, which is estimated to exceed one and one-half billion dollars, to the private sector of complying with EPA's regulations will be staggering:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby urge the Environmental Protection Agency to not include propane in the Risk Management Program; 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 Missouri Congressional delegation.

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 HCS for HCR 29.

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NO. 29

Relating to the Packers and Stockyards Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

WHEREAS, the agricultural markets of the United States are largely controlled by the corporate entities engaged in the processing, handling and marketing of grains and livestock; and

WHEREAS, four companies process nearly fifty percent of the pork produced for retail sale in the United States and four companies produce nearly ninety percent of the beef produced for retail sale in the United States; and

WHEREAS, the pending purchase of the grain unit of Continental Grain Company by Cargill Inc., will create an entity controlling in excess of forty percent of all United States corn exports, thirty-four percent of soybean exports and twenty percent of wheat exports; and

WHEREAS, this level of concentration is a significant factor in the low state of market prices for grain and livestock in Missouri:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby call upon the Congress of the United States to:

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 Missouri Congressional delegation, the United States Department of Agriculture, the United States Department of Justice and the Missouri Attorney General.

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 HCR 30.

HOUSE CONCURRENT RESOLUTION NO. 30

Relating to publishing of session laws.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

BE IT RESOLVED by the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, that the Joint Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Ninetieth General Assembly, First Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that he has compared the same with the original rolls in his office and has corrected the same thereby; and

BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and

BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Ninetieth General Assembly, First Regular Session, with appropriate indexing; and

BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.

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 HB 348 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 SCS for HB 248 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Senator Maxwell requested unanimous consent of the Senate to send forward the correct Senate Committee Substitute for HB 58, which request was granted.

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

RECESS

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

THIRD READING OF SENATE BILLS

SB 359, introduced by Senator Mueller, et al, entitled:

An Act to repeal sections 700.010, 700.015, 700.021, 700.025, 700.030, 700.035, 700.045, 700.050, 700.060, 700.090 and 700.100, RSMo 1994, and section 700.040, RSMo Supp. 1998, relating to manufactured housing, and to enact in lieu thereof twelve new sections relating to the same subject.

Was taken up.

On motion of Senator Mueller, SB 359 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bland Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Maxwell Mueller Quick Rohrbach
Russell Schneider Sims Staples
Steelman Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Bentley Childers Mathewson Scott
Singleton Stoll--6
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

SCS for SB 351, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 351

An Act to repeal section 104.517, RSMo Supp. 1998, relating to state employee benefits, and to enact in lieu thereof two new sections relating to the same subject, with effective dates.

Was taken up by Senator Johnson.

On motion of Senator Johnson, SCS for SB 351 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Childers DePasco
Flotron Graves Johnson Kenney
Kinder Mathewson Maxwell Quick
Rohrbach Russell Scott Singleton
Staples Stoll Westfall Wiggins--20
NAYS--Senators
Banks Caskey Clay Ehlmann
House Howard Klarich Schneider
Sims Steelman Yeckel--11
Absent--Senators
Goode Jacob Mueller--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

SB 371, introduced by Senator Flotron, et al, entitled:

An Act to repeal section 513.653, RSMo 1994, relating to law enforcement agencies, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

On motion of Senator Flotron, SB 371 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 125, introduced by Senator Childers, entitled:

An Act to repeal section 21.183, RSMo 1994, relating to the general assembly, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

On motion of Senator Childers, SB 125 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 29, introduced by Senator Mueller, entitled:

An Act to repeal section 516.097, RSMo 1994, relating to the statute of limitations on certain tort actions, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

On motion of Senator Mueller, SB 29 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 495, introduced by Senator Goode, entitled:

An Act to repeal section 660.122, RSMo Supp. 1998, relating to energy assistance programs, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Johnson assumed the Chair.

On motion of Senator Goode, SB 495 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode House Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Quick Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins--29
NAYS--Senators
Graves Rohrbach--2
Absent--Senators
Howard Jacob Yeckel--3
Absent with leave--Senators--None

The President declared the bill passed.

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

SS for SCS for SB 94, introduced by Senator Ehlmann, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 94

An Act to repeal sections 149.011, 149.071 and 570.080, RSMo 1994, and section 570.030, RSMo Supp. 1998, relating to the felony limit for certain crimes, and to enact in lieu thereof four new sections relating to the same subject.

Was taken up.

On motion of Senator Ehlmann, SS for SCS for SB 94 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

Senator Clay moved that motion lay on the table, 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, 570.010, 570.130, 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 by Senator Clay.

On motion of Senator Clay, SCS for SBs 328, 87, 100 and 55 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Clay DePasco Flotron Goode
House Jacob Johnson Mathewson
Maxwell Quick Scott Sims
Staples Stoll Wiggins Yeckel--20
NAYS--Senators
Childers Ehlmann Graves Howard
Kenney Kinder Klarich Mueller
Rohrbach Russell Schneider Singleton
Steelman Westfall--14
Absent--Senators--None
Absent with leave--Senators--None

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

SS for SB 455, introduced by Senator Stoll, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 455

An Act to repeal sections 116.060, 116.080, 116.090, 116.110, 116.120, 116.150 and 116.220, RSMo 1994, and sections 116.030, 116.040, 116.100, 116.130, 116.160, 116.170, 116.175, 116.180 and 116.190, RSMo Supp. 1998, and to enact in lieu thereof seventeen new sections relating to the procedures of ballot measures.

Was taken up.

On motion of Senator Stoll, SS for SB 455 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

SS No. 2 for SB 70, introduced by Senator Schneider, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 70

An Act to repeal sections 407.820, 407.822 and 407.825, RSMo Supp. 1998, relating to motor vehicle franchise practices, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

On motion of Senator Schneider, SS No. 2 for SB 70 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Goode House
Howard Jacob Johnson Kenney
Kinder Mathewson Maxwell Quick
Russell Schneider Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--25
NAYS--Senators
Bland Flotron Graves Klarich
Mueller Rohrbach Scott Sims--8
Absent--Senator Banks--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Maxwell moved that SB 248, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 248, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 248

An Act to repeal sections 365.010 and 365.020, RSMo 1994, relating to retail installment contracts, and to enact in lieu thereof four new sections relating to the same subject.

Was taken up.

Senator Maxwell moved that SCS for SB 248 be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for SB 248 was declared perfected and ordered printed.

Senator Jacob moved that SB 429, SB 430 and SB 407, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 429, 430 and 407, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 429, 430 and 407

An Act to repeal section 375.147, RSMo 1994, and section 375.1518, RSMo Supp. 1998, relating to insurance, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up.

Senator Jacob moved that SCS for SBs 429, 430 and 407 be adopted.

Senator Wiggins assumed the Chair.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 429, 430 and 407, Page 4, Section 376.1400, Lines 1 through 21, by deleting all of said lines; and

Further amend said bill, Pages 4 and 5, Section 376.1406, Lines 1 through 21, by deleting all of said lines; and

Further amend said bill, Page 5, Section 376.1408, Lines 1 through 12, by deleting all of said lines; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Singleton offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 429, 430 and 407, Page 4, Section 376.1400, Line 9, by striking ", but not be limited to,"; and further amend said bill, line 21, by striking "2001" and inserting in lieu thereof the following "2002"; and further amend said bill, page 5, section 376.1406, line 8, by striking ", but not be limited to,"; and

Further amend said bill, line 21, by striking "2001" and inserting in lieu thereof "2002".

Senator Singleton moved that the above substitute amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Jacob, Mueller and Russell.

SSA 1 for SA 1 was adopted by the following vote:

YEAS--Senators
Caskey Childers Clay DePasco
Ehlmann Goode House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Quick
Russell Schneider Scott Sims
Singleton Staples Steelman Stoll
Wiggins--25
NAYS--Senators
Bland Flotron Graves Mueller
Rohrbach Westfall Yeckel--7
Absent--Senators
Banks Bentley--2
Absent with leave--Senators--None

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 429, 430 and 407, Page 2, Section 303.383, Line 23, by inserting the following after all of said line:

"4. Underinsured motor vehicle coverage shall not require the insured to receive consent of the insurer in order for the insured to settle his or her claim against the owner or operator of an underinsured motor vehicle. However, the insurer shall receive a credit against any judgment based upon its underinsured motor vehicle coverage in the full amount of the limits of all liability policies providing coverage to the owner or operator of the underinsured motor vehicle.

5. An insurer shall have no right of subrogation to recover payment made to an insured under underinsured motor vehicle coverage.".

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Jacob, SB 429, SB 430 and SB 407, with SCS and SA 2 (pending), were placed on the Informal Calendar.

Senator Rohrbach moved that SB 525, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 525, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 525

An Act to amend chapter 313, RSMo, by adding thereto one new section relating to raffles and sweepstakes as authorized by constitutional amendment, with penalty provisions and an emergency clause.

Was taken up.

Senator Rohrbach moved that SCS for SB 525 be adopted.

Senator Rohrbach offered SS for SCS for SB 525, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 525

An Act to amend chapter 313, RSMo, by adding thereto one new section relating to raffles and sweepstakes as authorized by constitutional amendment, with penalty provisions and an emergency clause.

Senator Rohrbach moved that SS for SCS for SB 525 be adopted.

Senator Flotron offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 525, Page 6, Section 313.900, Lines 11-16, by striking said lines and renumbering accordingly.

Senator Flotron moved that the above amendment be adopted.

President Pro Tem Quick assumed the Chair.

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

Senator Mathewson assumed the Chair.

Senator Rohrbach moved that SS for SCS for SB 525 be adopted, which motion prevailed.

Senator Wiggins assumed the Chair.

On motion of Senator Rohrbach, SS for SCS for SB 525 was declared perfected and ordered printed.

Senator Caskey moved that SB 336, with SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Mathewson assumed the Chair.

SA 3 was again taken up.

Senator Caskey requested a roll call vote be taken on the adoption of SA 3. He was joined in his request by Senators Childers, House, Rohrbach and Westfall.

SA 3 failed of adoption by the following vote:

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

At the request of Senator Caskey, SB 336, as amended, was 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 House has taken up and passed HS for HCS for SB 291, as amended, entitled:

An Act to repeal sections 210.843, 454.430, 454.520, 454.810 and 516.350, RSMo 1994, and sections 452.340, 452.345, 452.350, 454.415, 454.432, 454.433, 454.460, 454.495, 454.505, 454.530 and 483.163, RSMo Supp. 1998, relating to child support enforcement, and to enact in lieu thereof twenty-eight new sections relating to the same subject, with an emergency clause.

With House Amendments Nos. 1 and 2.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Bill No. 291, Page 12, Section 452.345, Lines 1 and 2 of said page, by deleting the phrase ", for a case that is not a IV-D case,".

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Bill No. 291, Page 65, Section 516.350, Line 15, by inserting after all of said line the following:

"556.036. 1. A prosecution for murder or any class A felony may be commenced at any time.

2. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation:

(1) For any felony, three years;

(2) For any misdemeanor, one year;

(3) For any infraction, six months.

3. If the period prescribed in subsection 2 has expired, a prosecution may nevertheless be commenced for:

(1) Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three years. As used in this subdivision, the term "person who has a legal duty to represent an aggrieved party" shall mean the attorney general or the prosecuting or circuit attorney having jurisdiction [under] pursuant to section 407.553, RSMo, for purposes of offenses committed [under] pursuant to sections 407.511 to 407.556, RSMo; and

(2) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years[.]; and

(3) Any offense based upon an intentional and willful fraudulent claim of child support arrearage to a public servant in the performance of his or her duties within one year after discovery of the offense, but in no case shall this provision extend the period of limitation by more than three years.

4. An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

5. A prosecution is commenced either when an indictment is found or an information filed.

6. The period of limitation does not run:

(1) During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or

(2) During any time when the accused is concealing himself from justice either within or without this state; or

(3) During any time when a prosecution against the accused for the offense is pending in this state; or

(4) During any time when the accused is found to lack mental fitness to proceed pursuant to section 552.020, RSMo."; and

Further amend the title and enacting clause accordingly.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HBs 430 and 648, entitled:

An Act relating to the sole purpose of creating the Missouri tobacco settlement trust fund for certain anti-smoking education and health care services.

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 HCS for HB 780, entitled:

An Act to repeal sections 116.060, 116.080, 116.090, 116.110, 116.120, 116.150 and 116.220, RSMo 1994, and sections 116.030, 116.040, 116.100, 116.130, 116.160, 116.170, 116.175, 116.180 and 116.190, RSMo Supp. 1998, relating to initiative petitions, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions.

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 HCS for HB 673, entitled:

An Act to repeal section 85.011, RSMo 1994, relating to discipline of law enforcement officers, and to enact in lieu thereof five 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 133, entitled:

An Act to repeal section 12.010, RSMo 1994, relating to consent of the state to the acquisition of land by the federal government, and to enact in lieu thereof one new section 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 adopted SCR 16.

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 HB 10, 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 SCS for HCS for HB 11, 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 SCS for HCS for HB 12 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Senator DePasco inquired of the President if there were messages from the Governor.

The President indicated the Senate had messages from the Governor.

Senator Scott raised the point of order that it is out of order to receive Messages from the Governor as the Governor is not in the State to send messages to the Senate.

The point of order was referred to the President Pro Tem, who took it under advisement.

PRIVILEGED MOTIONS

Senator Goode moved that the Senate refuse to recede from its position on SCS for HCS for HB 10, as amended; SCS for HCS for HB 11, as amended; and SCS for HCS for HB 12 and grant the House conferences thereon, which motion prevailed.

Senator Caskey moved that the Senate refuse to concur in HS for HCS for SB 291, as amended, and request the House to recede from its position and take up and pass the bill, 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 HCS for HB 348 and grant the House a conference thereon and further that the conferees be allowed to exceed the differences for the purpose of striking the last two lines of the bill, which motion prevailed.

Senator Westfall moved that the Senate refuse to recede from its position on SCS for HB 248 and grant the House a conference thereon, which motion prevailed.

President Pro Tem Quick assumed the Chair.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on SCS for HB 248: Senators Scott, Mathewson, Stoll, Westfall and Mueller.

RESOLUTIONS

Senator Mueller offered Senate Resolution No. 668, regarding Charles Schorr "Chuck" Betz, Kirkwood, which was adopted.

Senator Staples offered Senate Resolution No. 669, regarding the death of Harold E. Levery, Washington, Illinois, which was adopted.

Senator Bland offered Senate Resolution No. 670, regarding Kansas City Power and Light, which was adopted.

Senator Bland offered Senate Resolution No. 671, regarding the Missouri Association for Blacks in Higher Education, which was adopted.

COMMUNICATIONS

Senator Bentley submitted the following:

April 19, 1999

Mrs. Terry Spieler

Secretary of the Senate

Capitol Building

Jefferson City, MO 65101

Dear Mrs. Spieler:

In accordance with Rule 45, I am requesting that House Bill 724, relating to judgments of involuntary commitment, be removed from the Senate Consent Calendar.

Sincerely,

/s/ Roseann Bentley

Senator Roseann Bentley

30th District

Senator DePasco submitted the following:

April 20, 1999

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Madam Secretary:

Please accept this letter as a request to remove House Bill 58 with Senate Committee Substitute from the Consent Calendar. This bill is controversial in nature and, therefore, does not qualify as a true consent bill.

I appreciate your attention to this matter.

Sincerely,

/s/ Ronnie DePasco

Ronnie DePasco, Chairman

Rules, Joint Rules and Resolutions Committee

Senator Graves submitted the following:

April 20, 1999

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Terry:

Please accept this letter as a request to remove House Bill 115 to be taken off of the Consent Calendar. This bill is controversial in nature and therefore does not belong as a Consent bill.

I appreciate your attention to this matter.

Sincerely,

/s/ Sam Graves

Senator Sam Graves

INTRODUCTIONS OF GUESTS

Senator Westfall introduced to the Senate, Sandy Higgins and juniors and seniors from Ash Grove High School, Ash Grove; and Shaun Schofield, Bryan Dean, Gina Whitehead and Darin Downs were made honorary pages.

Senator Howard introduced to the Senate, Dempsey and Janice Craft, Erin Baldwin, Samantha Jolly and David Spencer, New Madrid; and Erin, Samantha and David were made honorary pages.

Senator Stoll introduced to the Senate, John and Brad Evans, Festus; and Brad was made an honorary page.

Senator Staples introduced to the Senate, Jennifer Chaligoi, Iris Ross, Alan Kearbey and members of the East Carter County R-2 High School Team Spirit.

Senator Staples introduced to the Senate, students from Viburnum School, Viburnum.

Senator Staples introduced to the Senate, Scott Hughes, Columbia; and Mark Jones, St. Francois County.

Senator Howard introduced to the Senate, the Physician of the Day, Dr. Stephen Segall, M.D., Poplar Bluff.

Senator Caskey introduced to the Senate, Roger Howard, Warrensburg.

Senator Mueller introduced to the Senate, Kelly Kimack and Marlise Boyer, St. Louis County.

Senator DePasco introduced to the Senate, sixteen eighth grade students from St. Ann's School, Independence; and Melissa Forcum, Nikki Jo Reed and Mike Rust were made honorary pages.

Senator Singleton introduced to the Senate, Tom Gousch and Ron Langford, Webb City.

Senator Graves introduced to the Senate, Shelly Deen, thirty-three fourth and fifth grade students and eight adults from South Nodaway Elementary School, Guilford.

Senator Maxwell introduced to the Senate, his daughter, Megan, Gina Gilman and twenty-five students from McMillan School, Mexico; and Megan and Emily Terry were made honorary pages.

Senator Maxwell introduced to the Senate, Brandie Baker, Holliday.

Senator Maxwell introduced to the Senate, Charles Rosenkraus, Brenda Vaughn, Marilyn Rosenkraus and Kay Gray, Paris; David Hill, Palmyra; Cyndy Coleman, Holli Coleman and Jacquie Stuart, Perry; Rosalin and Jerry Caldwell, Kirksville; David Penn, Karen Conley, Ken Keller, Marge Keller and Elaine Cornett, Mexico; Dick Wones, Macon; Dolores R. Hampton, Novinger; Joann Sadler, Monticello; Marian Walter, Canton; Jerry Connor, Greentop; Marilyn O'Bannon, Madison; and Andrea Peiter, Shelbina.

Senator Sims introduced to the Senate, Sierra Rayford, Brittany Moore, Daneitria Williams, Val Williams and Sharon Williams, St. Louis; and Sierra, Brittany and Daneitria were made honorary pages.

Senator Singleton introduced to the Senate, his daughter, Catherine, and Angela Anderson, Seneca; and Emily and David Drake, Joplin.

Senator Caskey introduced to the Senate, Katie Dyer and forty eighth grade students from Cass-Midway School, Cleveland.

Senator Quick introduced to the Senate, Girl Scout Troop 1904, Clay County.

Senator Flotron introduced to the Senate, Art Busekist and sixteen students from St. Louis; and Daniel Bogard, Lara Hause, Brian McNearney and Meghana Patel were made honorary pages.

Senator Childers introduced to the Senate, Vicki May, Stone County.

Senator Russell introduced to the Senate, Lee Eaton, Paula Childers and forty-one seventh grade students from Joel E. Barber C-5 School, Lebanon; and Kara Childers, Aron Koch and Joe Muscia were made honorary pages.

Senator Bentley introduced to the Senate, forty girls from around the state present for "Take Your Daughter To Work Day".

Senator Flotron introduced to the Senate, forty tenth grade students from Pattonville High School, St. Louis.

Senator Flotron introduced to the Senate, one hundred twenty-five fourth grade students from Highcroft Ridge Elementary School, Chesterfield.

Senator Jacob introduced to the Senate, the University of Missouri-Columbia Athletic Director, Mike Alden; Head Football Coach, Larry Smith; Associate Athletics Director, Sarah Reesman; Associate Director for External Affairs, Mario Moccia; Coordinator for the Tiger Development Fund, Ross Bjork; Head Women's Soccer Coach, Bryan Blitz; and members of the Football Team: Kent Layman, Julian Jones, Carlos Posey, Rob Riti, Jeff Marriott and Barry Odom.

Senator Kinder introduced to the Senate, twenty-six eighth grade students from Immaculate Conception School, Jackson.

On behalf of Senator Wiggins, the President introduced to the Senate, Sean Cutburth, Mario Florido, Daniel Graves and Howard Carney, Kansas City.

Senator Rohrbach introduced to the Senate, Anna Rhoads, Jefferson City; and Anna was made an honorary page.

Senator Bentley introduced to the Senate, David and Nancy Eslick, Springfield.

On behalf of Senator Russell and himself, Senator Childers introduced to the Senate, forty-five seventh and eighth grade students from Skyline R-II School, Norwood.

Senator Singleton introduced to the Senate, Adolfo Castillo, Joplin.

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