Journal of the Senate

FIRST REGULAR SESSION


FIFTY-SEVENTH DAY--WEDNESDAY, APRIL 21, 1999


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl R. Gauck offered the following prayer:

Merciful and compassionate Father: We pause this morning in needful prayer. Suddenly as important as the debate that takes place and the bills that are passed and defeated here in the Senate may be, they pale in light of the sixteen high school students dead and twenty-three critically wounded in Littleton, Colorado. We once again ask the difficult question of why, while knowing that sin still exists in this world where the thoughtless and purposeful actions of some impact on the lives of others bringing pain and grief in their wake. So we pray for Your mercy and comforting peace for the parents and friends of those who senselessly died yesterday. We pray for Your healing for the wounded and Your consolation on all who feel the pain of what has happened. We pray that the souls of these young people may be taken to Your bosom, there comforted and experiencing Your love for them. And we pray for Your guidance to do what we can to make Missouri a better place in keeping with the establishment of Your kingdom here on earth which we pray we might do our part. All this we ask in Your Holy caring Name. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

Present--Senators
Banks Bentley 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.


SENATE BILLS FOR PERFECTION

Senator Mathewson moved that SB 374, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 374, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 374

An Act to repeal section 287.203, RSMo 1994, and section 287.160, RSMo Supp. 1998, relating to workers' compensation, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Mathewson moved that SCS for SB 374 be adopted.

Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 374, Page 3, Section 287.203, Line 31, by inserting at the end of said line the following: "In lieu of an employer receiving an award against the employee for such excess benefits, in the event no award is found due to the employee and benefits were paid by an insurance carrier required to pay a tax pursuant to section 287.690, such insurance carrier shall be eligible to take a credit against the tax otherwise due pursuant to section 287.690 equal to the amount of the excess benefits paid in its return filed pursuant to section 287.710 for the taxable year in which the excess benefits were paid. In no event shall an insurance carrier be eligible to take such a tax credit if the employer receives an award against the employee for the excess benefits.".

Senator Mathewson moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

Senator Flotron offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 374, Page 3, Section 287.203, Line 31, by inserting at the end of said line the following: "In lieu of an employer receiving an award against the employee for such excess benefits, in the event no award is found due to the employee and benefits were paid by an insurance carrier required to pay a tax pursuant to section 287.690, such insurance carrier shall be eligible to take a refundable tax credit pursuant to section 287.690 equal to the amount of the excess benefits paid in its return filed pursuant to section 287.710 for the taxable year in which the excess benefits were paid. In no event shall an insurance carrier be eligible to take such a tax credit if the employer receives an award against the employee for the excess benefits.".

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

Senator Wiggins assumed the Chair.

President Pro Tem Quick assumed the Chair.

Senator Flotron offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 374, Page 3, Section 287.203, Line 31, by inserting after all of said line the following:

"287.655. Any claim before the division may be dismissed for failure to prosecute in accordance with rules and regulations which shall be promulgated by the commission, except such notice need not be by certified or registered mail if the person or entity to whom notice is directed is represented by counsel and counsel is also given such notice at counsel's last known address. To dismiss a claim the administrative law judge shall enter an order of dismissal which shall be deemed an award and subject to review and appeal in the same manner as provided for other awards in this chapter."; and

Further amend the title and enacting clause accordingly.

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

Senator Schneider offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 374, Page 3, Section 287.203, Line 31, by inserting after all of said line the following:

"287.210. 1. After an employee has received an injury he shall from time to time thereafter during disability submit to reasonable medical examination at the request of the employer, his insurer, the commission, the division or an administrative law judge, the time and place of which shall be fixed with due regard to the convenience of the employee and his physical condition and ability to attend. The employee may have his own physician present, and if the employee refuses to submit to the examination, or in any way obstructs it, his right to compensation shall be forfeited during such period unless in the opinion of the commission the circumstances justify the refusal or obstruction.

2. The commission, the division or administrative law judge shall, when deemed necessary, appoint a duly qualified impartial physician to examine the injured employee, and any physician so chosen, if he accepts the appointment, shall promptly make the examination requested and make a complete medical report to the commission or the division in such duplication as to provide all parties with copies thereof. The physician's fee shall be fair and reasonable, as provided in subsection 3 of section 287.140, and the fee and other reasonable costs of the impartial examination may be paid as other costs under this chapter. If all the parties shall have had reasonable access thereto, the report of the physician shall be admissible in evidence.

3. The testimony of any physician who treated or examined the injured employee shall be admissible in evidence in any proceedings for compensation under this chapter, but only if the medical report of the physician has been made available to all parties as in this section provided. Immediately upon receipt of notice from the division or the commission setting a date for hearing of a case in which the nature and extent of an employee's disability is to be determined, the parties or their attorneys shall arrange, without charge or costs, each to the other, for an exchange of all medical reports, including those made both by treating and examining physician or physicians, to the end that the parties may be commonly informed of all medical findings and opinions. The exchange of medical reports shall be made at least seven days before the date set for the hearing and failure of any party to comply may be grounds for asking for and receiving a continuance, upon proper showing by the party to whom the medical reports were not furnished. If any party fails or refuses to furnish the opposing party with the medical report of the treating or examining physician at least seven days before such physician's deposition or personal testimony at the hearing, as in this section provided, upon the objection of the party who was not provided with the medical report, the physician shall not be permitted to testify at that hearing or by medical deposition.

4. Upon request, an administrative law judge, the division, or the commission shall be provided with a copy of any medical report.

5. As used in this chapter the terms "physician's report" and "medical report" mean the report of any physician made on any printed form authorized by the division or the commission or any complete medical report. As used in this chapter the term "complete medical report" means the report of a physician giving the physician's qualifications and the patient's history, complaints, details of the findings of any and all laboratory, X-ray and all other technical examinations, diagnosis, prognosis, nature of disability, if any, and an estimate of the percentage of permanent partial disability, if any. An element or elements of a complete medical report may be met by the physician's records.

6. Upon the request of a party, the physician or physicians who treated or are treating the injured employee shall be required to furnish to the parties a rating and complete medical report on the injured employee, at the expense of the party selecting the physician, along with a complete copy of the physician's clinical record including copies of any records and reports received from other health care providers.

7. The testimony of a treating or examining physician may be submitted in evidence on the issues in controversy by a complete medical report and shall be admissible without other foundational evidence subject to compliance with the following procedures. The party intending to submit a complete medical report in evidence shall give notice at least sixty days prior to the hearing to all parties and shall provide reasonable opportunity to all parties to obtain cross-examination testimony of the physician by deposition. The notice shall include a copy of the report and all the clinical and treatment records of the physician including copies of all records and reports received by the physician from other health care providers. The party offering the report must make the physician available for cross-examination testimony by deposition not later than seven days before the matter is set for hearing, and each cross-examiner shall compensate the physician for the portion of testimony obtained in an amount not to exceed a rate of reasonable compensation taking into consideration the specialty practiced by the physician. Cross-examination testimony shall not bind the cross-examining party. Any testimony obtained by the offering party shall be at that party's expense on a proportional basis, including the deposition fee of the physician. Upon request of any party, the party offering a complete medical report in evidence must also make available copies of X-rays or other diagnostic studies obtained by or relied upon by the physician. Within ten days after receipt of such notice a party shall dispute whether a report meets the requirements of a complete medical report by providing written objections to the offering party stating the grounds for the dispute, and at the request of any party, the administrative law judge shall rule upon such objections upon pretrial hearing whether the report meets the requirements of a complete medical report and upon the admissibility of the report or portions thereof. If no objections are filed the report is admissible, and any objections thereto are deemed waived. Nothing herein shall prevent the parties from agreeing to admit medical reports or records by consent. The provisions of this subsection shall [not] apply to claims against the second injury fund where the employee offers medical records into evidence, and in that event the state may require the employee to submit to a reasonable medical exam in the manner as provided pursuant to subsection 1 of this section and the state may also introduce medical records pursuant to this subsection.

8. Certified copies of the proceedings before any coroner holding an inquest over the body of any employee receiving an injury in the course of his employment resulting in death shall be admissible in evidence in any proceedings for compensation under this chapter, and it shall be the duty of the coroner to give notice of the inquest to the employer and the dependents of the deceased employee, who shall have the right to cross-examine the witness.

9. The division or the commission may in its discretion in extraordinary cases order a postmortem examination and for that purpose may also order a body exhumed."; and

Further amend the title and enacting clause accordingly.

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

Senator Schneider offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bill No. 374, Page 3, Section 287.203, Line 18, by inserting after "any." the following: "In such event temporary total disability benefits may be terminated on notice to the employee unless the employee objects. If the employee objects,".

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

Senator Graves offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bill No. 374, Page 3, Section 287.203, Line 25, by deleting the word "thirty" on said line and inserting the following: "fifteen".

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

Senator Graves offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for Senate Bill No. 374, Page 2, Section 287.160, Line 27, by deleting the word "fifteen" on said line and inserting the following: "thirty"; and

Further amend said bill, page 2, Section 287.160, line 41, by deleting the word "fifteen" on said line and inserting the following: "thirty".

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

Senator Mathewson moved that SCS for SB 374, as amended, be adopted, which motion prevailed.

Senator Wiggins assumed the Chair.

On motion of Senator Mathewson, SCS for SB 374, as amended, was declared perfected and ordered printed.

REFERRALS

President Pro Tem Quick referred HCS for HCRs 24 and 25; HCR 16; HCS for HCR 29; and HCR 30 to the Committee on Rules, Joint Rules and Resolutions.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 10, as amended; SCS for HCS for HB 11, as amended; and SCS for HCS for HB 12: Senators Goode, Maxwell, Wiggins, Russell and Westfall.

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 348: Senators Caskey, Scott, Mathewson, Sims and Bentley.

REFERRALS

President Pro Tem Quick referred HB 346 and HB 261 to the Committee on State Budget Control.

HOUSE BILLS ON SECOND READING

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

HS for HB 492--Financial and Governmental Organization.

HS for HCS for HBs 718, 225, 876 and 838--Pensions and General Laws.

HCS for HBs 192 and 945--Commerce and Environment.

HB 277--Insurance and Housing.

HCS for HBs 430 and 648--Pensions and General Laws.

HCS for HB 780--Elections, Veterans' Affairs and Corrections.

HCS for HB 673--Civil and Criminal Jurisprudence.

HB 133--Agriculture, Conservation, Parks and Tourism.

REPORTS OF STANDING COMMITTEES

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 were referred SS for SCS for SB 525; and SCS for SB 248, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

RESOLUTIONS

Senator Graves offered Senate Resolution No. 672, regarding the Fiftieth Wedding Anniversary of Mr. And Mrs. Charles Garr, Bethany, which was adopted.

Senator Graves offered Senate Resolution No. 673, regarding Merl O'Neal, Tina, which was adopted.

Senator Schneider offered Senate Resolution No. 674, regarding Richard H. "Dick" Kellett, Florissant, which was adopted.

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

RECESS

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

RESOLUTIONS

Senator Mueller offered Senate Resolution No. 675, regarding Dan S. Mitchell, St. Louis, which was adopted.

Senator Russell offered Senate Resolution No. 676, regarding the One Hundredth Birthday of Emma Mae Hall Lawson, Camdenton, which was adopted.

PRIVILEGED MOTIONS

Senator DePasco moved that SCS for SBs 240, 226 and 229, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SBs 240, 226 and 229, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 240, 226 AND 229

An Act to repeal section 67.1360, RSMo Supp. 1998, relating to local sales tax for tourism, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

Was taken up.

Senator DePasco moved that HCS for SCS for SBs 240, 226 and 229, be adopted, which motion prevailed by the following vote:

YEAS--Senators
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--30
NAYS--Senators--None
Absent--Senators
Banks Bentley Bland Clay--4
Absent with leave--Senators--None

On motion of Senator DePasco, HCS for SCS for SBs 240, 226 and 229 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

Bill ordered enrolled.

Senator Caskey moved that SCS for SB 275, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 275, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 275

An Act to repeal sections 56.065, 56.151 and 56.755, RSMo 1994, and sections 56.066, 56.067, 56.265, 56.363, 56.365 and 56.765, RSMo Supp. 1998, relating to prosecution services, and to enact in lieu thereof seven new sections relating to the same subject, with an emergency clause for certain sections.

Was taken up.

Senator Caskey moved that HCS for SCS for SB 275 be adopted, which motion prevailed by the following vote:

YEAS--Senators
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--32
NAYS--Senators--None
Absent--Senators
Banks Bentley--2
Absent with leave--Senators--None

On motion of Senator Caskey, HCS for SCS for SB 275 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks 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--33
NAYS--Senators--None
Absent--Senator Bentley--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bland Caskey Childers
Clay DePasco Ehlmann Flotron
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
Bentley Goode--2
Absent with leave--Senators--None

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

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

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

Bill ordered enrolled.

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

Senator Scott moved that SB 10, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

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

YEAS--Senators
Banks Bland Caskey Childers
Clay DePasco Ehlmann 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--Senator Flotron--1
Absent--Senator Bentley--1
Absent with leave--Senators--None

On motion of Senator Scott, SB 10, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks 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--33
NAYS--Senators--None
Absent--Senator Bentley--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Staples moved that SB 17, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

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

YEAS--Senators
Banks 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--33
NAYS--Senators--None
Absent--Senator Bentley--1
Absent with leave--Senators--None

On motion of Senator Staples, SB 17, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks 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 Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senator Singleton--1
Absent--Senator Bentley--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Maxwell moved that SB 169, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Maxwell moved that the above amendment be adopted, which motion prevailed 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 Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

On motion of Senator Maxwell, SB 169, as amended, 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 Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

HB 366, with SCS, introduced by Represen-tative Hartzler (123), entitled:

An Act to repeal section 52.385, RSMo 1994, relating to county collectors, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 366, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 366

An Act to repeal section 52.385, RSMo 1994, relating to county collectors, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for HB 366 be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HB 366 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 Quick Rohrbach Russell
Schneider Scott Singleton Steelman
Stoll Wiggins Yeckel--31
NAYS--Senator Westfall--1
Absent--Senator Staples--1
Absent with leave--Senator Sims--1

The President Pro Tem declared the bill passed.

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

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

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

HB 776, introduced by Representative McBride, entitled:

An Act to repeal section 60.315, RSMo 1994, relating to county surveyors and land surveys, and to enact in lieu thereof one new section relating to the same subject.

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

Senator Mathewson assumed the Chair.

On motion of Senator Maxwell, HB 776 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 Quick Rohrbach Schneider
Scott Singleton Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Russell Staples--2
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 795, with SCS, introduced by Represen-tatives Kennedy and Crawford, entitled:

An Act relating to electronic transmission of recordings.

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

SCS for HB 795, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 795

An Act to repeal sections 301.600, 301.610, 301.620 and 301.630, RSMo 1994, and sections 32.080 and 301.640, RSMo Supp. 1998, relating to the keeping of certain electronic records, and to enact in lieu thereof nine new sections relating to the same subject.

Was taken up.

Senator Scott moved that SCS for HB 795 be adopted, which motion prevailed.

On motion of Senator Scott, SCS for HB 795 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators Sims--1

The President declared the bill passed.

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

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

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

HB 464, with SCS, introduced by Represen-tative Richardson, entitled:

An Act to repeal section 70.686, RSMo 1994, relating to retirement benefits for officers and employees of political subdivisions, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 464, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 464

An Act to repeal sections 70.600 and 70.686, RSMo 1994, relating to retirement benefits for officers and employees of political subdivisions, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Howard moved that SCS for HB 464 be adopted, which motion prevailed.

On motion of Senator Howard, SCS for HB 464 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 514, introduced by Representative Franklin, entitled:

An Act to repeal sections 169.560 and 169.655, RSMo Supp. 1998, relating to the public school and the nonteacher school employee retirement systems, and to enact in lieu thereof three new sections relating to the same subject.

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

On motion of Senator Stoll, HB 514 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 Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Quick Singleton--2
Absent with leave--Senator Sims--1

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

HB 662, introduced by Representative Crump, entitled:

An Act to repeal section 57.968, RSMo 1994, and section 57.967, RSMo Supp. 1998, relating to sheriffs' retirement, and to enact in lieu thereof two new sections relating to the same subject.

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

On motion of Senator Scott, HB 662 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 Quick Russell Schneider
Scott Staples Steelman Stoll
Westfall Wiggins--30
NAYS--Senator Rohrbach--1
Absent--Senators
Singleton Yeckel--2
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 920, with SCA 1, introduced by Representative Farnen, entitled:

An Act to repeal section 173.005, RSMo 1994, relating to an advisory committee of the coordinating board for higher education, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Maxwell, HB 920, as amended, 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 Quick Rohrbach Russell
Schneider Scott Staples Steelman
Stoll Westfall Wiggins--31
NAYS--Senators--None
Absent--Senators
Singleton Yeckel--2
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 778, introduced by Representative Luetkenhaus, entitled:

An Act relating to the educational employees' memorial scholarship.

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

On motion of Senator House, HB 778 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
Quick Rohrbach Russell Schneider
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senator Mueller--1
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 282, introduced by Representative Clayton, entitled:

An Act to repeal section 351.448, RSMo Supp. 1998, relating to corporate mergers, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Wiggins, HB 282 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

HB 445, with SCA 1, introduced by Represen-tative Auer, entitled:

An Act to repeal section 383.105, RSMo 1994, relating to reporting certain medical malpractice insurance claims, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Jacob, HB 445 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 Quick Rohrbach Schneider
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Russell--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 478, introduced by Representatives Ward and Auer, entitled:

An Act to repeal section 375.147, RSMo 1994, relating to the managing general agents act, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Scott, HB 478 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 35, with SCS, introduced by Represen-tative Campbell, entitled:

An Act to repeal section 92.336, RSMo 1994, relating to the Kansas City convention and tourism tax, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 35, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 35

An Act to repeal sections 92.327 and 92.336, RSMo 1994, relating to the Kansas City convention and tourism tax, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Johnson moved that SCS for HB 35 be adopted.

At the request of Senator Johnson the motion to adopt SCS for HB 35 was withdrawn.

HB 834, introduced by Representative Crump, entitled:

An Act authorizing the director of the department of natural resources to convey an easement in Taum Sauk Mountain State Park.

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

On motion of Senator Staples, HB 834 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
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Singleton Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Kinder Scott--2
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

Senator Johnson moved that HB 35, with SCS, be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HB 35 was again taken up.

Senator Johnson moved that SCS for HB 35 be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for HB 35 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Senator Staples assumed the Chair.

HB 708, introduced by Representative Merideth, et al, entitled:

An Act to repeal section 442.586, RSMo 1994, relating to titles and conveyance of real estate, and to enact in lieu thereof one new section relating to the same subject.

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

Senator Johnson moved that HB 708 be read the 3rd time and finally passed.

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

HB 800, introduced by Representative Linton, entitled:

An Act authorizing the director of the department of natural resources to convey various land rights in certain state park property.

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

On motion of Senator Klarich, HB 800 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 791, introduced by Representative Wagner, entitled:

An Act to repeal sections 253.081 and 253.090, RSMo 1994, relating to certain state park funds, and to enact in lieu thereof one new section relating to the same subject, with an effective date.

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

On motion of Senator Russell, HB 791 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 853, with SCA 1, introduced by Represen-tative Seigfreid, entitled:

An Act to repeal section 89.320, RSMo Supp. 1998, relating to planning commissions of municipalities, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Mathewson, HB 853, as amended, 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 518, with SCA 1, introduced by Represen-tative Ross, entitled:

An Act to repeal section 67.1360, RSMo Supp. 1998, relating to local sales tax for tourism, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Mathewson, HB 518, as amended, 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

Senator Mathewson assumed the Chair.

HB 570, introduced by Representative Rizzo, entitled:

An Act to repeal section 491.060, RSMo 1994, relating to witness testimony, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator DePasco, HB 570 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 476, with SCS, introduced by Represen-tative Hegeman, entitled:

An Act to repeal section 79.070, RSMo 1994, relating to qualifications of certain city officials, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 476, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 476

An Act to repeal section 79.070, RSMo 1994, relating to fourth class cities, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Johnson moved that SCS for HB 476 be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for HB 476 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 Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Quick--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 528, introduced by Representative Chrismer, et al, entitled:

An Act to amend chapter 9, RSMo, relating to public holidays by adding thereto one new section relating to the same subject.

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

On motion of Senator Ehlmann, HB 528 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

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

HB 789, with SCS, introduced by Represen-tatives Berkstresser and Bartelsmeyer, entitled:

An Act to repeal section 29.230, RSMo 1994, relating to the powers of the state auditor, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 789, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 789

An Act to repeal section 29.230, RSMo 1994, relating to the powers of the state auditor, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Childers moved that SCS for HB 789 be adopted, which motion prevailed.

On motion of Senator Childers, SCS for HB 789 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 Quick Russell Schneider
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Rohrbach--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

Senator Johnson moved that HB 708 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

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

Senator Johnson offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend House Bill No. 708, Page 1, Section 442.586, Line 1, by striking after "442.586." the following: "1."; and

Further amend said bill and section, page 2, lines 16 and 17, by striking the opening "[" and closing brackets "]" on said lines; and

Further amend said bill, section and page, lines 14-20, by striking all of said lines.

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

On motion of Senator Johnson, HB 708, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Childers
Clay DePasco Ehlmann Flotron
Goode House Jacob Johnson
Kenney Kinder Klarich Mathewson
Maxwell Mueller Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators
Caskey Graves Howard--3
Absent--Senator Quick--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 930, introduced by Representative Ward, et al, entitled:

An Act to repeal section 8.012, RSMo 1994, relating to the display of the POW/MIA flag, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Stoll, HB 930 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

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

Senator Johnson assumed the Chair.

HB 271, introduced by Representative Clayton, entitled:

An Act relating to disclosure of information for medical treatment, with a penalty provision.

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

On motion of Senator Maxwell, HB 271 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senator Bentley--1
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 721, with SCS, introduced by Represen-tative Barry, entitled:

An Act to repeal sections 199.170, 199.180 and 199.230, RSMo 1994, relating to tuberculosis, and to enact in lieu thereof three new sections relating to the same subject.

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

SCS for HB 721, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 721

An Act to repeal sections 199.170 and 199.180, RSMo 1994, and section 199.230, RSMo Supp. 1998, relating to tuberculosis, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Howard moved that SCS for HB 721 be adopted, which motion prevailed.

On motion of Senator Howard, SCS for HB 721 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 Quick Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 893, with SCA 1, introduced by Represen-tative Murray, et al, entitled:

An Act relating to the creation of a 911 day.

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

SCA 1 was taken up.

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

On motion of Senator Maxwell, HB 893, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Graves House Howard
Jacob Johnson Kenney Klarich
Mathewson Maxwell Rohrbach Russell
Schneider Scott Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senator Mueller--1
Absent--Senators
Goode Kinder Quick--3
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 94, introduced by Representative Clayton, entitled:

An Act to repeal section 195.030, RSMo Supp. 1998, relating to controlled substances, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Wiggins, HB 94 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 358, introduced by Representative Hosmer, entitled:

An Act to repeal section 191.659, RSMo 1994, and section 191.663, RSMo Supp. 1998, relating to HIV testing, and to enact in lieu thereof two new sections relating to the same subject.

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

On motion of Senator Singleton, HB 358 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Senator Wiggins assumed the Chair.

HB 290, introduced by Representative Champion, et al, entitled:

An Act to repeal section 301.445, RSMo Supp. 1998, relating to motor vehicle license plates, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Bentley, HB 290 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 517, introduced by Representative Backer, et al, entitled:

An Act to repeal sections 302.136 and 302.138, RSMo Supp. 1998, relating to the motorcycle safety program advisory committee, and to enact in lieu thereof two new sections relating to the same subject.

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

On motion of Senator Staples, HB 517 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 646, introduced by Representative Hampton, et al, entitled:

An Act to repeal section 304.235, RSMo 1994, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Staples, HB 646 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 Quick Rohrbach Russell
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 678, introduced by Representatives Leake and Koller, entitled:

An Act to repeal section 389.612, RSMo 1994, relating to the grade crossing safety account, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Mathewson, HB 678 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 Quick Rohrbach Russell
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 34, with SCA 1, introduced by Represen-tative Auer, entitled:

An Act to repeal section 537.620, RSMo 1994, relating to certain insurance for political subdivisions, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Mueller, HB 34, as amended, 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 Quick Rohrbach Russell
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senator Sims--1

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

HB 915, introduced by Representatives Mays (50) and Legan, entitled:

An Act to repeal section 394.120, RSMo 1994, relating to transaction of business at meetings of electric cooperatives, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Maxwell, HB 915 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 Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Quick Schneider Scott Singleton
Staples--5
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 145, introduced by Representative Wiggins, entitled:

An Act to repeal section 393.285, RSMo 1994, relating to reports to the state water pollution board.

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

On motion of Senator Maxwell, HB 145 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 216, introduced by Representative Parker, entitled:

An Act to repeal section 701.031, RSMo 1994, relating to disposal of sewage, and to enact in lieu thereof one new section relating to the same subject.

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

Senator Maxwell moved that HB 216 be read the 3rd time and finally passed.

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

HB 328, introduced by Representative Parker, entitled:

An Act to repeal section 552.030, RSMo 1994, relating to criminal competency, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Caskey, HB 328 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Rohrbach
Russell Scott Singleton Steelman
Stoll Westfall Wiggins Yeckel--28
NAYS--Senator Clay--1
Absent--Senators
Mueller Quick Schneider Staples--4
Absent with leave--Senator Sims--1

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.

HB 136, introduced by Representative Smith, entitled:

An Act to repeal sections 442.090, 442.095, 442.100 and 474.310, RSMo 1994, and section 211.171, RSMo Supp. 1998, relating to emancipated minors, and to enact in lieu thereof five new sections relating to the same subject.

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

On motion of Senator Caskey, HB 136 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 Scott
Singleton Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Quick Schneider Staples--3
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

Senator Maxwell moved that HB 216 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Maxwell, HB 216 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 Quick Rohrbach Russell
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

Senator Johnson assumed the Chair.

HB 39, with SCS, introduced by Represen-tative Dougherty, entitled:

An Act to repeal section 701.304, RSMo Supp. 1998, relating to inspections for lead hazard, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 39, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 39

An Act to repeal section 701.304, RSMo Supp. 1998, relating to inspections for lead hazard, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was taken up.

Senator Maxwell moved that SCS for HB 39 be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for HB 39 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 Quick Rohrbach Russell
Scott Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

Senator Staples assumed the Chair.

HB 929, introduced by Representative Griesheimer, entitled:

An Act relating to open burning of household refuse in certain counties.

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

On motion of Senator Klarich, HB 929 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 453, introduced by Representatives Gross and May (108), entitled:

An Act to repeal section 610.035, RSMo Supp. 1998, relating to public records, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Yeckel, HB 453 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Mathewson Maxwell Mueller Rohrbach
Russell Scott Singleton Staples
Steelman Stoll Wiggins Yeckel--28
NAYS--Senators
Caskey Westfall--2
Absent--Senators
Banks Quick Schneider--3
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 965, introduced by Representative Riback Wilson, 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.

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

On motion of Senator Bentley, HB 965 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 201, introduced by Representative Boucher, entitled:

An Act to repeal sections 191.850, 191.857, 191.858 and 191.859, RSMo 1994, relating to the advisory assistive technology council, and to enact in lieu thereof five new sections relating to the same subject.

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

On motion of Senator Caskey, HB 201 was read the 3rd time and passed by the following vote:

YEAS--Senators
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 Singleton Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

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

HB 568, introduced by Representative May (108), entitled:

An Act to repeal section 213.055, RSMo Supp. 1998, relating to unlawful employment of firefighters and law enforcement officers, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Schneider, HB 568 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Bland Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Klarich Mathewson
Maxwell Quick Rohrbach Russell
Schneider Scott Staples Steelman
Stoll Wiggins Yeckel--27
NAYS--Senators
Jacob Kinder Mueller Singleton
Westfall--5
Absent--Senator Banks--1
Absent with leave--Senator Sims--1

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

HB 352, with SCA 1, introduced by Represen-tative Foley, et al, entitled:

An Act relating to municipal fire departments.

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

SCA 1 was taken up.

Senator House moved that the above amendment be adopted.

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

HB 748, introduced by Representatives O'Toole and May (108), entitled:

An Act to repeal section 82.380, RSMo 1994, and sections 57.550, 82.390, 82.520 and 82.599, RSMo Supp. 1998, relating to compensation of certain officers in the city of St. Louis, and to enact in lieu thereof four new sections relating to the same subject.

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

On motion of Senator Scott, HB 748 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Senator Johnson assumed the Chair.

HB 775, with SCS, introduced by Represen-tative Hosmer, entitled:

An Act to repeal section 88.812, RSMo 1994, relating to assessments made by certain cities, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 775, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 775

An Act to repeal section 88.812, RSMo 1994, relating to assessments made by certain cities, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Bentley moved that SCS for HB 775 be adopted.

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

HB 402, introduced by Representative Relford, et al, entitled:

An Act to repeal section 51.155, RSMo Supp. 1998, relating to county clerks, and to enact in lieu thereof two new sections relating to the duties of certain officers in certain counties.

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

On motion of Senator Mathewson, HB 402 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 796, introduced by Representative Smith, entitled:

An Act to repeal section 205.374, RSMo 1994, and section 205.190, RSMo Supp. 1998, relating to county hospital assets, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.

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

On motion of Senator Jacob, HB 796 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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



HB 987, introduced by Representative Backer, entitled:

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

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

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

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

The President declared the bill passed.

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

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

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

HB 607, introduced by Representative Riback Wilson, et al, entitled:

An Act to repeal section 191.686, RSMo Supp. 1998, relating to HIV testing, and to enact in lieu thereof one new section for the sole purpose of adding one new HIV testing site.

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

On motion of Senator Jacob, HB 607 was read the 3rd time and passed by the following vote:

YEAS--Senators
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 Steelman Stoll Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks Singleton Staples--3
Absent with leave--Senator Sims--1

The President declared the bill passed.

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

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

Senator 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 Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HB 248: Representatives Kissell, Hampton, Murray, Barnett, Ross.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 348: Representatives Smith, Relford, Davis (122), Ballard, Bartle.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 10, as amended: Representatives Franklin, Carter, Schilling, Shields, Patek.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 11, as amended: Representatives Franklin, Troupe, Kelly, Kelley, Legan.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 12: Representatives Franklin, Green, Lakin, Legan, Shields.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed Representative Leake to the conference committee on SCS for HCS for HB 5, as amended, and to the conference committee on SCS for HCS for HB 8 replacing Representative Williams (121).

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 275 and has again taken up and passed SCS for HB 275.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 180, entitled:

An Act relating to the creation of a drycleaning solvent cleanup fund.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SB 291, as amended, and grants the Senate a conference thereon. The Speaker has appointed the following conferees to act with a like committee from the Senate: Representatives Dougherty, Monaco, Hanaway, McClelland and Campbell.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 216.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 353.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 261.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 15.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 177.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 321.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 329.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 271.

Bill ordered enrolled.

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 SCS for SB 334, entitled:

An Act to repeal section 260.565, RSMo 1994, relating to environmental remediation, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 28.

With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill 28, Page 1, In the title, Line 2, by deleting the following: "section 537.620," and inserting in lieu thereof the following: "sections 537.620 and 537.635,"; and

Further amend said bill, Page 1, In the title, Line 3, by deleting 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 deleting all of said line and inserting in lieu thereof the following:

"Section A. Sections 537.620 and 537.635, RSMo 1994, are repealed and two new sections"; and

Further amend said bill, Page 1, Section A, Line 2, by deleting the following: "section 537.620," and inserting in lieu thereof the following: "sections 537.620 and 537.635,"; and

Further amend said bill, Page 1, Section 537.620, Line 8, by inserting after all of said line the following:

"537.635. The association may, on the seventh day thereafter, commence to do business. The association shall be a body corporate, and shall do business as a corporation. No member of the association shall be liable for any amounts because of his or her membership in the association other than his or her assessments as provided in the articles of association and the bylaws of the association. The business of the association shall be conducted so as to preclude any distribution of income, profit or property of the association to the individual members thereof except in payment of claims or indemnities or upon the final dissolution of the association, but the association may pay dividends to its members as long as the association has a positive surplus both before and after any such dividend is declared.".

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 SB 278, entitled:

An Act to repeal sections 351.182, 351.459 and 456.120, RSMo 1994, and sections 347.141, 351.245, 351.323 and 351.448, RSMo Supp. 1998, relating to business organizations, and to enact in lieu thereof eight new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 410, entitled:

An Act to repeal sections 70.600 and 70.686, RSMo 1994, relating to retirement benefits for officers and employees of political subdivisions, and to enact in lieu thereof two new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 414.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend Senate Bill No. 414, Page 6, Section 142.875, Line 30, by inserting after all of said line the following:

"142.896. 1. Distributors shall be required to post a bond of not less than three months' total liability based on the number of gallons handled as estimated by the director, with a maximum amount of one hundred and fifty thousand dollars for gasoline and diesel fuel separately.

2. The tax on the motor fuel imported shall not be considered part of potential liability for calculation of the bond required of a distributor's license if the nonexempt motor fuels meet the following conditions:

(1) All of the motor fuel is subject to one or more tax precollection agreements to remit the motor fuel tax of this state to the supplier or permissive supplier as trustee with respect to the imports, as provided [under] pursuant to section 142.839; and

(2) The director has determined that all border states have adopted terminal reporting requirements adequate for the mutual enforcement of this chapter.

3. If a distributor qualifies [under] pursuant to subsection 3 of section 142.851 and was not required to have a bond posted [under] pursuant to the predecessor act, then such distributor may elect to either post the bond as set out in this subsection or participate in a cash bond as set out below. The cash bond shall be held by the director in a "Motor Fuel Bond Trust Fund", which is hereby created, for the benefit of the participating distributors. The bond shall be used solely for the purpose of preventing a loss to the state for motor fuel taxes, surcharges and fees not paid. No distributor shall have any claim or rights against the fund as a separate person. Contributions to the fund will be made at the rate [of one-fourth of one percent of the prevailing motor fuel tax rate until such fund equals one-fourth of one percent of the prior year's motor fuel tax collections] as defined in regulations promulgated by the director of the department of revenue. Contributions will be remitted by the participating distributors through the suppliers under the same procedures as set out for remitting of motor fuel taxes set out in this chapter. The director shall notify the suppliers of which distributors have elected to participate, when the contributions are required and when the fund has reached its maximum. At that time no further contributions will be required until the fund has been depleted to [one-eighth of one percent of prior year's motor fuel tax collections] the minimum amount established by regulation, at which time the director shall notify the distributors and suppliers to resume contributions at the [above] defined rate. In the event the director has made a demand for payment from a participating distributor in this fund, and such demand has not been satisfied within ninety days, the director shall use the cash bond to satisfy the delinquency. Such action shall not affect the liability of the distributor for the tax or prevent the director from taking other actions permitted by this chapter.

4. After the expiration of three consecutive years of satisfactory tax compliance, as determined by the director, a licensed distributor will be eligible to participate in the pool bond in lieu of furnishing any other type of bond. The licensed distributor will be required to pay into the pool bond for a minimum of one year regardless whether the pool bond has reached its maximum or not.

5. The director shall compile a monthly report of all activities regarding the motor fuel bond fund including the name and license number of all licensees who have had a claim made against them, and the report shall be made available to pool members.

6. A distributor is required to remit the tax due on the last day of the succeeding month and file reports prescribed by the director.

7. Each licensed distributor shall report such information as required by the director including, but not limited to imports of motor fuel, exports of motor fuel, blending of motor fuels, all receipts of motor fuel, all receipts and sales of dyed fuel, all receipts and sales of tax- free undyed kerosene and the transporting of motor fuel or blend stocks for or on behalf of others.

8. The report required by this section shall be due on the last day of each month with respect to information required for the next preceding calendar month."; and

Further amend said bill, Page 8, Section 142.908, Line 15, by inserting after all of said line the following:

"Section 1. The director of the department of revenue or any person designated by the director may conduct investigations as necessary to enforce the provisions of this chapter.

Section 2. The director of the department of revenue may prescribe forms upon which reports are made to the director and all other forms and information the director deems necessary to enforce the provisions of this chapter, and may require periodic submission of information from any person dealing in, transporting or storing motor fuel.

Section 3. A person who violates any provision of this chapter, including, but not limited to the failure to obtain required licenses or permits, or fails to keep records as prescribed herein, or neglects, fails or refuses to allow the director, the director's authorized agents or the Missouri highway patrol to inspect an item of equipment or records, or who fails, neglects or refuses to pay the tax due is guilty of a misdemeanor and may be punished as prescribed by law. Any person who violates any of the provisions of this section with the purpose to defraud is guilty of a class D felony."; and

Further amend the title and enacting clause accordingly.

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 HB 120, entitled:

An Act to repeal section 143.124, RSMo Supp. 1998, relating to income taxation, 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 passed HS for HCS for HBs 283, 286, 325, 370, 551, 36, 42, 73, 111, 341, 619, 62 and 579, entitled:

An Act to repeal sections 1.160, 56.066, 149.011, 149.071, 191.225, 302.250, 374.700, 374.750, 374.755, 544.020, 544.170, 565.006, 565.020, 565.024, 565.030, 565.032, 565.050, 565.060, 565.070, 566.010, 570.020, 570.030, 570.080, 570.120, 573.504, 575.110 and 595.035, RSMo 1994, and sections 195.017, 195.214, 195.246, 211.073, 211.321, 302.020, 302.060, 302.130, 302.171, 302.181, 302.302, 302.304, 302.309, 302.321, 374.715, 552.040, 558.019, 558.046, 559.115, 571.030, 589.400, 595.209 and 610.122, RSMo Supp. 1998, relating to crimes and punishment, and to enact in lieu thereof ninety-five new sections relating to the same subject, with penalty provisions and an emergency clause for a certain section.

Emergency clause defeated.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

RESOLUTIONS

Senator DePasco offered Senate Resolution No. 677, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. George W. Huddleston, Jr., Kansas City, which was adopted.

Senator Stoll offered Senate Resolution No. 678, regarding Benjamin Joseph Rudolph, Eureka, which was adopted.

Senator Stoll offered Senate Resolution No. 679, regarding Nicholas Phillip Kliensorge, Arnold, which was adopted.

Senator Ehlmann offered Senate Resolution No. 680, regarding Eric R. Linge, Jr., O'Fallon, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Mueller introduced to the Senate, forty-six fifth grade students from Oak Hill School, St. Louis; and Allie Busch, Mimi Hess, Nancy Murphy and William Wright were made honorary pages.

Senator Flotron introduced to the Senate, Melanie and Taylor Hiemenz, St. Louis; and Taylor was made an honorary page.

Senator Sims introduced to the Senate, students from Lady of the Pillar, St. Louis.

Senator Stoll introduced to the Senate, fourth grade students from Antonia Elementary School, Imperial; and Nichole Sevier, Jessica Schmaltz and Leah Jelinek were made honorary pages.

Senator Graves introduced to the Senate, Tim Hastings, Dave Snead, Kevin Rosenbohm, Dwayne Helzer, Kate Kenny, Sue Stiens, Brenda Peter and twenty-six eighth grade students from Nodaway-Holt Middle School, Maitland.

On behalf of Senator Caskey, the President introduced to the Senate, the Pleasant Hill High School Debate Team, Pleasant Hill; and Michelle Flynn and Christi Shoemaker were made honorary pages.

Senator Mueller introduced to the Senate, Pachyderm members from around the state.

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

Senator Staples introduced to the Senate, Jim Hill, Reynolds County.

Senator Howard introduced to the Senate, Tracy Tittle, Sikeston; Tracy Handley, New Madrid; Susan Kimball, Lilbourn; Louise Clark, Bloomfield; Ruby Wilson, Malden; Melissa Keirsey, Dexter; and Pat Elledge, Wappapello.

Senator Howard introduced to the Senate, Sarah Crouthers, Jennifer Landers, Jennifer Terrill and Amy Cole; and Sarah, Jennifer, Jennifer and Amy were made honorary pages.

Senator Caskey introduced to the Senate, Pat, Ray and Rob Myers and Denise Wittkopp, Belton; Cynthia Myers, Cleveland; Roy Jenkins, Kansas City; and former State Representative Jan Martinette, Grandview.

Senator DePasco introduced to the Senate, Scott, Anita, Polly, Seth, Sarah, Abigail, Hannah and Adam York, Homeschoolers from Independence; and Sarah, Abigail, Hannah and Adam were made honorary pages.

Senator Bentley introduced to the Senate, Dr. Steve Rice, Springfield.

Senator Yeckel introduced to the Senate, Laura Howard, Scott Akerson and forty fifth grade students from Salem Lutheran School, St. Louis; and Kristen Fulmer, Ricky Mattingly, Sarah Larson and Tim Thomas were made honorary pages.

Senator Kenney introduced to the Senate, Carol Headley, Lee's Summit; Dee Boucher, Kansas City and members of the Prairie Chapter of Daughters of American Revolution; and Brooke Catherine Little, Dylan Michael Little, Erin Elizabeth Little, Jessica Swicegood, Matthew McCormick, Stacy Brunssen and Hannah Mathews were made honorary pages.

Senator Graves introduced to the Senate, Nancy, Thomas and Katherine Summers, Unionville; and Thomas and Katherine were made honorary pages.



Senator Rohrbach introduced to the Senate, Stanley Serck, Boonville.

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