The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     Reverend Dale E. (Gene) Ekstrand offered the following prayer:

     Our Father in Heaven, first we thank You for the privilege of living in this beautiful state of Missouri. We ask You to continue to bless our state and its people. We ask You to help us live in harmony with one another. Today, Father, I ask Your blessings upon this session, and may wisdom overcome personal desires. Father, may we always seek Your will in everything we do, and may Your Holy Spirit hover over our state capital, always guiding and directing our leaders. We ask these things in Christ's Name. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, May 2, 1996, was read and approved.

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

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

     

     Senator Moseley offered Senate Resolution No. 1349, regarding Joshua Jon "Josh" Banker, Moberly, which was adopted.

     Senator Moseley offered Senate Resolution No. 1350, regarding Steven Sapp, which was adopted.

     Senator Moseley offered Senate Resolution No. 1351, regarding Columbia's 3M Plant, Columbia, which was adopted.

     Senator House offered Senate Resolution No. 1352, regarding Laurissa Jeroslow, Austin, Texas, which was adopted.

     Senator Maxwell offered Senate Resolution No. 1353, regarding the One Hundred Second Birthday of Blanche C. Cauthorn, Mexico, which was adopted.

     Senator Flotron offered Senate Resolution No. 1354, regarding Janice A. Phillips, which was adopted.

     Senator Mathewson offered Senate Resolution No. 1355, regarding the Seventy-first Wedding Anniversary of Mr. and Mrs. William L. Reed, Sedalia, which was adopted.

     Senator Russell offered Senate Resolution No. 1356, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenneth Burkhart, Roach, which was adopted.

     Senator Mueller offered Senate Resolution No. 1357, regarding Fifth Grade students at St. Paul Lutheran School, St. Louis, which was adopted.

     Senator Howard offered Senate Resolution No. 1358, regarding Mark A. Stites, which was adopted.

     President Pro Tem Mathewson referred SCS for SB 504; HB 1377, with SCS; HCS for HB 1249, with SCS; HB 908, with SCA 1; HCS for HB 1372, with SCS; HB 1113, with SCS; HJR 58, with SCA 1; HS for HCS for HBs 1169 and 1271, with SCS; HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, with SCS; HS for HCS for HB 1237, with SCS; and HS for HCS for HBs 1207, 1288, 1408 and 1409, with SCS, to the Committee on State Budget Control.

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

     Mr. President: Your Committee on State Budget Control, to which was referred SB 523, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Banks, 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 SB 703 and SB 952, begs leave to report that it has examined the same and finds that the bills have been duly enrolled and that the printed copies furnished the Senators are correct.

     The President Pro Tem announced that all other business would be suspended and SB 703 and SB 952, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

     HB 1050, with SCS, was placed on the Informal Calendar.

     HCS for HBs 800, 812, 817 and 821, with SCS, entitled:

     An Act to repeal sections 302.304, 542.276, 544.170, 544.216, 556.037, 557.036, 565.070, 568.045, 568.050 and 568.060, RSMo 1994, and sections 302.302, 565.084 and 571.030, RSMo Supp. 1995, relating to crime, and to enact in lieu thereof twenty new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Caskey.

     SCS for HCS for HBs 800, 812, 817 and 821, entitled:

     An Act to repeal sections 217.730, 317.001, 542.276, 544.170, 556.037, 562.021, 562.026, 569.170, 574.085, 575.020, 575.030 and 575.090, RSMo 1994, sections 565.084 and 571.030, RSMo Supp. 1995, and section 544.216 as enacted by the second regular session of the eighty-eighth general assembly in conference committee substitute for senate substitute no. 2 for senate substitute for house bill no. 1047 and signed by the governor on March 13, 1996, relating to crime, and to enact in lieu thereof twenty-four new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Caskey moved that SCS for HCS for HBs 800, 812, 817 and 821 be adopted.

     Senator Caskey offered SS for SCS for HCS for HBs 800, 812, 817 and 821, entitled:

     An Act to repeal sections 217.730, 317.001, 367.011, 367.021, 367.031, 367.040, 367.043, 367.044, 367.045, 367.047, 367.048, 367.049, 367.050, 542.276, 544.170, 546.680, 556.037, 562.021, 562.026, 569.170, 571.020, 571.070, 571.090, 574.085, 575.010, 575.020, 575.030, 575.090, 595.025 and 595.045, RSMo 1994, sections 211.321, 549.525, 565.084, 571.030 and 600.042, RSMo Supp. 1995, and section 544.216 as enacted by the second regular session of the eighty-eighth general assembly in conference committee substitute for senate substitute no. 2 for senate substitute for house bill no. 1047 and signed by the governor on March 13, 1996, relating to crime, and to enact in lieu thereof fifty-three new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

     Senator Caskey moved that SS for SCS for HCS for HBs 800, 812, 817 and 821 be adopted.

     At the request of Senator Caskey, HCS for HBs 800, 812, 817 and 821, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

     HCS for HB 991, with SCAs 1, 2, 3 and 4, entitled:

     An Act to repeal sections 226.005, 390.150, 508.070 and 622.010, RSMo 1994, relating to motor carriers, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Staples.

     SCA 1 was taken up.

     Senator Staples moved that the above amendment be adopted.

     At the request of Senator Staples, HCS for HB 991, with SCA 1 (pending), and SCAs 2, 3 and 4, was placed on the Informal Calendar.

     HB 1244, with SCS, introduced by Representative Farmer, et al, entitled:

     An Act to repeal section 185.100, RSMo 1994, relating to the Missouri arts council, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator McKenna.

     SCS for HB 1244, entitled:

     An Act to repeal section 185.100, RSMo 1994, and section 186.055, RSMo Supp. 1995, relating to council trust funds, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     Senator McKenna moved that SCS for HB 1244 be adopted.

     Senator Rohrbach raised the point of order that the Senate Committee Substitute for HB 1244 is out of order in that the substitute goes beyond the scope and purpose of the bill.

     President Pro Tem Mathewson ruled the point of order well taken.

     HB 1244 was again taken up.

     On motion of Senator McKenna, HB 1244 was read the 3rd time and passed by the following vote:

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

     The President Pro Tem declared the bill passed.

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

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

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

     HCS for HB 849, entitled:

     An Act to repeal section 416.625, RSMo 1994, and section 416.615, RSMo Supp. 1995, relating to certain merchandising practice for the sale of motor fuel, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up by Senator Maxwell.

     Senator Wiggins assumed the Chair.

     Senator Lybyer offered SA 1:

Amend House Committee Substitute for House Bill No. 849, Pages 2, Section 416.625, Line 7, by striking the following: "If an investigation of a suspected" and further amend lines 8-11, by striking all of said lines; and further amend line 12, by striking "their own behest."; and further amend line 15, by inserting immediately after said line the following:

     "3. Notwithstanding any other law to the contrary, the attorney general shall provide any person, upon request, a list of any complaint filed against such person pursuant to sections 416.600 to 416.640. Such request shall be made in writing and shall be in a form and manner as the attorney general may require. Such list shall include, but is not limited to, the name of the person filing such complaint, the date such complaint was filed with the attorney general, and the nature of such complaint.".

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

     Senator Johnson assumed the Chair.

     At the request of Senator Maxwell, HCS for HB 849, as amended, was placed on the Informal Calendar.

     HB 1432, with SCS, introduced by Representatives Leake and Liese, entitled:

     An Act to repeal section 408.110, RSMo 1994, relating to financial transactions, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator Quick.

     SCS for HB 1432, entitled:

     An Act to repeal sections 408.110, 443.130, 456.500, 456.520, 456.600 and 473.787, RSMo 1994, relating to financial transactions, and to enact in lieu thereof twenty new sections relating to the same subject, with an emergency clause for a certain section.

     Was taken up.

     Senator Quick moved that SCS for HB 1432 be adopted.

     Senator Caskey raised the point of order that the Senate Committee Substitute is out of order in that the Substitute goes beyond the scope and purpose of the original bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator McKenna assumed the Chair.

     HB 1432 was again taken up.

     At the request of Senator Quick, HB 1432 was placed on the Informal Calendar.

     HCS for HB 781, entitled:

     An Act relating to certain disclosures relating to the care of patients with Alzheimer's disease.

     Was taken up by Senator Flotron.

     Senator Flotron offered SA 1:

     Amend House Committee Substitute for House Bill No. 781, Page 1, In the Title, Line 2, by striking all of said line and inserting in lieu thereof the following:

"To repeal section 198.067, RSMo 1994, relating to nursing facilities, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions."; and

     Further amend said bill, page 1, section 1, line 1, by inserting immediately before said line, the following:

     "Section A. Section 198.067, RSMo 1994, is repealed and five new sections enacted in lieu thereof, to be known as sections 198.067, 1, 2, 3 and 4, to read as follows:

     "198.067. 1. An action may be brought by the department, or by the attorney general on his own volition or at the request of the department or any other appropriate state agency, to temporarily or permanently enjoin or restrain any violation of sections 198.003 to 198.096, to enjoin the acceptance of new residents until substantial compliance with sections 198.003 to 198.096 is achieved, or to enjoin any specific action or practice of the facility. Any action brought under the provisions of this section shall be placed at the head of the docket by the court, and the court shall hold a hearing on any action brought under the provisions of this section no less than fifteen days after the filing of the action.

     2. [At the department's request, the attorney general] The department, or at the department's request, the attorney general, may bring an action in circuit court to recover a civil penalty against the licensed operator of the facility as provided by this [sub]section. Such action shall be brought in the circuit court for the county in which the facility is located [and], or in the circuit court of Cole County. The moving party shall specify in its petition a recommended amount of penalty to be assessed. The circuit court shall determine the amount of penalty to be assessed within the limits set out in this section. Appeals may be taken from the judgment of the circuit court as in other civil cases.

     [(1)] 3. The operator of any facility which has been cited with a violation of sections 198.003 to 198.096 or the regulations established pursuant thereto, or of subsection (b), (c), or (d) of section 1396r of Title 42 of the United States Code or the regulations established pursuant thereto, is liable to the state for civil penalties of up to ten thousand dollars for each day that the violations existed or continues to exist. As used in this subsection, the term "violation" shall mean a breach of a specific state or federal standard or statute which remains uncorrected and not in accord with the accepted plan of correction at the time of the reinspection conducted pursuant to subsection 3 of section 198.026 or the regulations established pursuant to Title 42 of the United States Code. Violations shall be presumed to continue to exist from the time they are found until the time the division of aging finds them to have been corrected. The amount of the penalty shall be determined as follows:

     [(a)] (1) For each violation of a class I standard, not less than one hundred fifty dollars nor more than one thousand dollars;

     [(b)] (2) For each violation of a class II standard, not less than fifty dollars nor more than five hundred dollars;

     [(c)] (3) For each violation of a class III standard, not less than fifteen dollars nor more than one hundred fifty dollars;

     [(d)] (4) For each violation of a federal standard which does not also constitute a violation of a state law or regulation, not less than two hundred fifty dollars nor more than five hundred dollars;

     [(e)] (5) For each specific class I violation by the same operator which has been cited within the past twenty-four months and for each specific class II or III violation by the same operator which has been cited within the past twelve months, double the amount last imposed. [Penalties collected pursuant to this subsection shall be deposited in the state general revenue fund.

As used in this subdivision the term "violation" shall mean a breach of a specific state or federal standard or statute which remains uncorrected and not in accord with the accepted plan of correction at the time of the reinspection conducted pursuant to subsection 3 of section 198.026 or the regulations established pursuant to Title 42 of the United States Code.] A judgment rendered against the operator of a facility pursuant to this subsection shall bear interest as provided in subsection 1 of section 408.040, RSMo.

     [(2)] 4. Any individual who willfully and knowingly certifies under subsection (b)(3)(B)(i) of section 1396r of Title 42 of the United States Code a material and false statement in a resident assessment is subject to a civil penalty of not more than one thousand dollars with respect to each assessment. Any individual who willfully and knowingly causes another individual to certify under subsection (b)(3)(B)(i) of section 1396r of Title 42 of the United States Code a material and false statement in a resident assessment is subject to a civil penalty of not more than five thousand dollars with respect to each assessment.

     [3.] 5. The imposition of any remedy provided for in sections 198.003 to 198.186 shall not bar the imposition of any other remedy.

     6. Penalties collected pursuant to this section shall be deposited in the division of aging elderly home delivered means trust fund as established in section 660.078, RSMo.

     [4.] 7. [In any action to recover a civil penalty under this section, no civil penalty shall be awarded for any period that any facility is attempting in good faith to remedy any noncompliance or for any period where any facility is in good faith litigating any substantial question of law or fact. The provisions of supreme court rule 55.03 of the rules of civil procedure as presently stated or as hereafter amended are expressly applicable to any action under this section to recover a civil penalty.] To recover any civil penalty, the moving party shall prove by clear[, cogent] and convincing evidence that the violation occurred.

     8. The licensed operator of a facility against whom an action to recover civil penalty is brought pursuant to this section may confess judgment as provided in section 511.070, RSMo, at any time prior to hearing. If said licensed operator agrees to confess judgment, the amount of the civil penalty recommended by the moving party in its petition shall be reduced by twenty-five percent and the confessed judgment shall be entered by the circuit court at the reduced amount.

     9. The amount of any civil penalty assessed by the circuit court pursuant to this section shall be reduced by the amount of any civil monetary penalty which the licensed operator of the facility may establish it has paid pursuant to the laws of the United States for the breach of the same federal standards for which the state action is brought.

     10. In addition to the civil penalties specified in subdivision (1) of subsection 3 of this section, any facility which is found pursuant to subsection 1 and 2 of this section with a violation of a class I standard when such violation results in actual physical or sexual injury to any resident of that facility shall be liable to the state for a civil penalty of one hundred dollars multiplied by the number of beds licensed to the facility, up to a maximum of ten thousand dollars. The liability of the facility for civil penalties under this section shall be incurred immediately upon the citation of the violation and shall not be affected by any subsequent correction of the violation.".

     Senator Flotron moved that the above amendment be adopted.

     Senator Howard raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and purpose of the bill.

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

     Senator Johnson resumed the Chair.

     SA 1 was again taken up.

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

     Senator McKenna resumed the Chair.

     Senator Howard offered SA 2:

     Amend House Committee Substitute for House Bill No. 781, Page 1, In the Title, Line 2, by striking all of said line and inserting in lieu thereof the following: "Relating to certain disclosures relating to the care of patients, with penalty provisions."; and

     Further amend said bill, page 2, section 4, line 9, by inserting immediately after said line, the following:

     "Section 5. It shall be an unlawful practice for any long-term care facility, as defined in section 198.006, RSMo, except a facility which is a residential care facility I or a residential care facility II, as defined in section 198.006, RSMo, which advertises, markets or otherwise promotes their quality assurance program to residents, prospective residents, their families or representatives to refuse to provide copies of documents which reflect the facilities evaluation of the quality of care, except that a facility may remove information that would allow identification of any resident.

     Section 6. Each request for access to copies of documents which reflect the facility's quality assurance program shall be acted on as soon as possible, but in no event later than the end of the third business day following the date the request is received by the facility. If the facility is requested to provide copies, a reasonable amount, as established by departmental rule, may be charged. If copies of documents are not granted immediately, the facility shall give detailed explanation of the cause for further delay and the place and earliest time and date that the documents will be available for inspection. However, this period of document production shall not exceed ten business days following the date the request is received by the facility.

     Section 7. Any long-term care facility, as defined in section 198.006, RSMo, except a facility which is a residential care facility I or a residential care facility II, as defined in section 198.006, RSMo, which commits an unlawful practice under this section shall be cited with a violation of a class II standard as defined in section 198.067, RSMo.

     Section 8. Any long-term care facility, as defined in section 198.006, RSMo, except a facility which is a residential care facility I or a residential care facility II, as defined in section 198.006, RSMo, which commits an unlawful practice under this section shall be liable for damages in a civil action and/or a civil penalty for each violations, and attorney's fees and costs incurred by a prevailing plaintiff, as allowed by the circuit court."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Moseley offered SA 3:

     Amend House Committee Substitute for House Bill No. 781, Page 1, In the Title, Line 2, by deleting all of said line and inserting in lieu thereof the following:

     "To repeal section 172.803, RSMo 1994, relating to certain disclosures and research relating to the care of patients with Alzheimer's disease, and to enact in lieu thereof five new sections relating to the same subject."; and

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

     "Section A. Section 172.803, RSMo 1994, is repealed and five new sections enacted in lieu thereof, to be known as sections 172.803, 1, 2, 3, and 4, to read as follows:

     172.803. 1. The board of curators, with the recommendations of the advisory board, shall award funds to selected investigators in accordance with the following provisions:

     (1) Individual awards shall not exceed [twenty] thirty thousand dollars per year and shall expire at the end of one or two years, depending on the recommendation of the advisory board for each award;

     (2) Costs for overhead of the grantee individual or institution shall not be allowed;

     (3) Investigators shall be employees or staff members of public or private educational, health care, voluntary health association or research institutions which shall specify the institutional official responsible for administration of the award;

     (4) Subject to the provisions of subsection 3 of section 172.801, preference shall be given to investigators new to the field of alzheimer's disease and related disorders and to those experienced in the field but departing in a research direction different from their previous work. Lesser preference shall be given to proposals to sustain meritorious research in progress;

     (5) Awards shall be used to obtain preliminary data to test hypotheses and to enable investigators to develop subsequent competitive applications for long-term funding from other sources; and

     (6) The research project shall be conducted in Missouri.

     2. Funds appropriated for but not awarded to research projects in any given year shall be [included in the board of curators' appropriations request for research projects in the succeeding year] retained by the board of curators until such funds are awarded and shall not be expended for any other purpose.".

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

     Senator Melton offered SA 4, which was read:

     Amend House Committee Substitute for House Bill No. 781, Page 1, Section 3, Line 6, by inserting after the period "." on said line the following:

"At the time of admission of a patient requiring treatment rendered by the Alzheimer's special care program, a copy of the disclosure made to the department shall be delivered by the facility to the next-of-kin of the patient.".

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

     Senator Kenney offered SA 5, which was read:

     Amend House Committee Substitute for House Bill No. 781, Page 1, Section 2, Line 3, by adding immediately after the word "center", the following: "hospital,".

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

     Senator Wiggins offered SA 6:

     Amend House Committee Substitute for House Bill No. 781, Page 1, Section 1, Line 1, by inserting immediately before said line the following:

     "197.312. A certificate of need shall not be required for any institution previously owned and operated for or in behalf of a city not within a county which chooses to be licensed as a facility defined under subdivision (15) or (16) of section 198.006, RSMo, [or] for a facility of ninety beds or less that is owned or operated by a not for profit corporation which is exempt from federal income tax as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, which is controlled directly by a religious organization and which has received approval by the division of aging of plans for construction of such facility by August 1, 1995, and is licensed by the division of aging by July 1, 1996, as a facility defined under subdivision (15) or (16) of section 198.006, RSMo, or for a facility, serving exclusively mentally ill, homeless persons, of sixteen beds or less that is owned or operated by a not for profit corporation which is exempt from federal income tax as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, which is controlled directly by a religious organization and which has received approval by the division of aging of plans for construction of such facility by May 1, 1996, and is licensed by the division of aging by July 1, 1996, as a facility defined under subdivisions (15) or (16) of section 198.006, RSMo."; and

     Further amend the title and enacting clause accordingly.

     Senator Wiggins moved that the above amendment be adopted.

     Senator Howard raised the point of order that SA 6 is out of order in that the amendment goes beyond the scope and purpose of the bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     On motion of Senator Flotron, HCS for HB 781, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators--None
	Absent--Senators
Bentley	Curls	Moseley	Scott--4
	Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HCS for HB 1099, with SCS, entitled:

     An Act to repeal sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190, 266.200, 266.205, 266.210, and 266.220, RSMo 1994, and section 266.195, RSMo Supp. 1995, relating to the commercial feed law, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and an effective date.

     Was taken up by Senator Johnson.

     SCS for HCS for HB 1099, entitled:

     An Act to repeal sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190, 266.200, 266.205, 266.210, 266.220, 276.401, 276.411, 276.421, 276.423, 276.426, 276.436, 276.441, 276.456, 276.461, 276.471, 276.486, 276.491, 276.501, 276.506, 276.511, 276.516, 411.115, 411.131, 411.180, 411.260, 411.261, 411.271, 411.278, 411.280, 411.283, 411.287, 411.321, 411.323, 411.325, 411.391, 411.405, 411.471, 411.517, 411.518 and 411.519, RSMo 1994, and sections 266.195, 411.026 and 411.070, RSMo Supp. 1995, relating to agricultural products, and to enact in lieu thereof forty-nine new sections relating to the same subject, with penalty provisions, an emergency clause for certain sections and an effective date for certain sections.

     Was taken up.

     Senator Johnson moved that SCS for HCS for HB 1099 be adopted.

     Senator Johnson offered SA 1:

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 17, Section 266.200, Line 51, by striking the word "shall" and inserting in lieu thereof the following: "may"; and further amend line 52, by striking the following: "person named on the label" and inserting in lieu thereof the word "guarantor"; and further amend line 53, by striking the word "purchaser" and inserting in lieu thereof the word "distributor"; and

     Further amend said bill, page 20, section 266.212, line 25, by inserting immediately after "RSMo" the following: ", within thirty days after receipt of an order assessing an administrative penalty"; and further amend line 31, by inserting immediately after "court" the following: "within thirty days after receipt of the final administrative order"; and

     Further amend said bill, page 81, Section B, line 2, by striking the following: "266.152, 266.160,"; and further amend line 3, by striking all of said line; and further amend line 4, by striking the following: "266.205, 266.210 and 266.220" and inserting in lieu thereof the following: "276.401, 276.404, 276.411, 276.421, 276.423, 276.426, 276.436, 276.441, 276.456, 276.461, 276.471, 276.486, 276.491, 276.501, 276.506, 276.511, 276.516, 411.026, 411.070, 411.180, 411.260, 411.271, 411.278, 411.280, 411.283, 411.287, 411.321, 411.323, 411.325, 411.391, 411.405, 411.517, 411.518, 411.519 and 411.800"; and

     Further amend said bill and page, Section C, lines 1-5, by striking all of said lines and inserting in lieu thereof the following:

     "Section C. Sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190, 266.195, 266.200, 266.205, 266.210 and 266.220, RSMo, shall".

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

     President Pro Tem Mathewson resumed the Chair.

     Senator Wiggins offered SA 2:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 27, Section 276.421, Lines 18 and 19, by deleting the words "or an independent accountant".

     Senator Wiggins moved that the above amendment be adopted.

     Senator Klarich offered SSA 1 for SA 2, which was read:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 60, Section 411.260, Line 19, by inserting immediately after the word "accountant", the following: "or an independent accountant".

     Senator Klarich moved that the above substitute amendment be adopted.

     At the request of Senator Johnson, HCS for HB 1099, with SCS, SA 2 and SSA 1 for SA 2 (pending), was placed on the Informal Calendar.

     The President Pro Tem announced that all other business would be suspended and HB 1168 and CCS for SCS for HCS for HB 895 and HB 986, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

     SS for SCS for SB 507; SS for SB 521; SB 703; and SB 952, after having been duly signed by the Speaker of the House of Representatives in open session, were delivered to the Governor by the Secretary of the Senate.

     SJR 29, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Secretary of State by the Secretary of the Senate.

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 506.

     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 SB 933, entitled:

     An Act to repeal sections 311.102, 311.176, 311.300, 311.680 and 311.691, RSMo 1994, and section 311.070, RSMo Supp. 1995, relating to intoxicating beverages, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

     With House Amendments Nos. 1, 2, 3, 4 and 6.

     Amend House Committee Substitute for Senate Bill No. 933, page 10, section 311.680, line 5 and 6, by striking the following on lines 5 and 6:

     "; impose a civil penalty as authorized in subsection 2 of this section,"; and

     Further amend said bill, section 311.680, line 8, by striking the following:

     "; impose a civil penalty,"; and

     Further amend said bill, section 311.680, line 9, by striking the following on said line:

     "civil penalty,"; and

     Further amend said bill, same page, section 311.680, lines 10 through 13, by striking all of lines 10 through 13 and inserting in lieu thereof the following:

     "2. Any wholesaler licensed pursuant to chapter 311 or 312, RSMo, in lieu of, or in addition to, the warning, probation, suspension or revocation authorized in subsection 1 of this section, may be assessed a civil penalty by the supervisor of liquor control of not less than one hundred dollars or more than twenty-five hundred dollars for each violation.".

     Amend House Committee Substitute for Senate Bill No. 933, Page 1, In the Title, Line 2, by inserting after the number "311.300," the number "311.360,"; and

     Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "seven" and inserting in lieu thereof the word "eight"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting after the number "311.300," the number "311.360,"; and

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

     Further amend said bill, Page 1, Section A, Line 3, by inserting after the number "311.300," the number 311.360,"; and

     Further amend said bill, Page 10, Section 311.300, Line 24, by inserting after all of said line the following:

     "311.360. 1. No person holding a license or permit shall sell malt liquor, or any other intoxicating liquor in this state, or shall offer for sale any such malt liquor, or other intoxicating liquor, whatsoever, brewed, manufactured or distilled by one manufacturer, in substitution for, or with the representation that any such malt liquor or other intoxicating liquor, is the product of any other brewer, manufacturer or distiller. Whosoever shall violate the provisions of this section shall be deemed guilty of a misdemeanor.

     2. Any malt liquor which is offered for sale in this state and manufactured at other than a facility owned by the person whose name appears on the label of the container shall include on the label the name and location of the owner of the facility which produced and packaged the malt liquor. This subsection shall become effective January 1, 1997.".

     Amend House Committee Substitute for Senate Bill No. 933, Page 3, Section 311.070, Line 83, by inserting after the word "give" the following: "a gift not to exceed a value of one thousand dollars per year,".

     Amend House Committee Substitute for Senate Bill No. 933, Page 1, In the Title, Line 2, by inserting after the number "311.300," the number "311.330,"; and

     Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "seven" and inserting in lieu thereof the word "eight"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting after the number "311.300," the number "311.330,"; and

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

     Further amend said bill, Page 1, Section A, Line 3, by inserting after the number "311.300," the number "311.330,"; and

     Further amend said bill, Page 10, Section 311.300, Line 24, by inserting after all of said line the following:

     "311.330. It shall be unlawful for the holder of any license authorized by this chapter, for the sale of any intoxicating liquor at retail by the drink for consumption on the premises where sold, to keep or secrete, or to allow any other person to keep or secrete in or upon the premises described in such license, any intoxicating liquor, other than either the kind of liquor expressly authorized to be sold by such license, or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.".

     Amend House Committee Substitute for Senate Bill No. 933, Page 10, Section 311.300, Line 1, by deleting the word and number "and 3" and inserting in lieu thereof the following: "[and], 3 and 4"; and

     Further amend said bill, Page 10, Section 311.300, Line 7, by inserting after the word "displays", the following: "operate the cash register or scanner connected to a cash register and".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 914 and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1, SSA 1 for SA 3, SSA 1 for SA 4, SA 5 to HB 811 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 640.

     With House Committee Amendment No. 1.

     Amend Senate Committee Substitute for Senate Bill No. 640, page 1, In the Title, lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following: "To repeal section 144.805, RSMo 1994, relating to sales and use tax, and to enact in lieu thereof one new section relating to the"; and

     Further amend said bill, Page 1, Section A, Lines 1 through 3, by deleting all of said lines and inserting in lieu thereof the following:

     "Section A. Section 144.805, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 144.805, to read as follows:"; and

     Further amend said bill, Pages 1, 2 and 3, Section 144.748, Lines 1 through 79, by deleting all of said section 144.748; and

     Further amend said bill, Page 4, Section 144.805, Line 37, by inserting immediately after said line the following:

     "Section B. One new section is enacted, to be known as section 144.809, to read as follows:

     144.809. In addition to the exemptions granted pursuant to the provisions of section 144.030, there is hereby specifically exempted from the provisions of, and the computation of the tax levied, assessed or payable under, any state or local sales or use tax, or any increase in any state or local sales or use tax rate, which tax or increase was not in effect on December 30, 1987, the sale, storage, use or consumption of aviation jet fuel at or upon airports within the state of Missouri, which airports are recipients of federal grant funds, have submitted applications for or have been approved for federal grant funds, or which are otherwise eligible to apply for federal grant funds.".

     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 SCS for SB 759, entitled:

     An Act to repeal sections 375.1250, 375.1252, 375.1255, 375.1257, 375.1260, 375.1262, 375.1265, 375.1267, 375.1269, 375.1270 and 375.1275, RSMo 1994, relating to organizational structure and capital requirements of certain insurers, and to enact in lieu thereof twenty-four new sections relating to the same subject.

     With House Amendment No. 1.

     Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 759, Page 2, Section 375.1250, Line 23, by inserting immediately before the word "director" an opening bracket "["; and

     Further amend said bill, Page 2, Section 375.1250, Line 24, by inserting immediately after the word "adopted" the following: "] NAIC, as such RBC instructions may be amended"; and

     Further amend said bill, Page 10, Section 375.1267, Lines 35 to 37, by striking all of said lines and inserting in lieu thereof the following: "is authorized to write.".

     In which the concurrence of the Senate is respectfully requested.

     Senator Moseley moved that the Senate refuse to recede from its position on SA 1, SSA 1 for SA 3, SSA 1 for SA 4, and SA 5 to HB 811 and grant the House a conference thereon, which motion prevailed.

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

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     The following addendum should be made to the appointment of Burton H. Shostak for the Public Defender Commission, submitted to you on May 1, 1996. Line 1 should be amended to read:

     Burton H. Shostak, Democrat, 243 Greentrails Drive

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Donald Ray Loveland, Democrat, 2902 Riverdale Road, Ozark, Christian County, Missouri 65721, as a member of the State Soil and Water Districts Commission, for a term ending May 2, 1999, and until his successor is duly appointed and qualified; vice, Senate Bill 65.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Amy R. Hamilton, Democrat, 16786 Brown Road, Elk Creek, Texas County, Missouri 65464, as a member of the State Soil and Water Districts Commission, for a term ending August 15, 1998, and until her successor is duly appointed and qualified; vice, Jim Scaggs, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     James W. Mitchell, Republican, 201 Chestnut Street, Richland, Pulaski County, Missouri 65556, as a member of the Board of Probation and Parole, for a term ending August 16, 2000, and until his successor is duly appointed and qualified; vice, Victoria Myers, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Jeffrey J. Simon, 608 Romany Road, Kansas City, Jackson County, Missouri 64113, as a member of the Kansas City Board of Police Commissioners, for a term ending March 7, 2000, and until his successor is duly appointed and qualified; vice, Jack W. Headley, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Consuelo "Connie" Washington, Democrat, 4445 Floriss Place, St. Louis City, Missouri 63115, as a member of the Tourism Commission, for a term ending January 15, 1997, and until her successor is duly appointed and qualified; vice, Sandra Taylor, resigned.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Russell E. Steele, Democrat, 18 Grim Drive, Kirksville, Adair County, Missouri 63501, as a member of the Missouri Motor Vehicle Commission, for a term ending December 30, 1999, and until his successor is duly appointed and qualified; vice, William McMurray, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Susan L. Constance, Republican, 3247 Longfellow, St. Louis City, Missouri 63104, as a member of the Missouri Development Finance Board, for a term ending September 14, 1999, and until her successor is duly appointed and qualified; vice, Thomas Fitzsimmons, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Louis P. Hamilton, Democrat, #4 Sappington Spur, Oakland, St. Louis County, Missouri 63122, as a member of the Tourism Commission, for a term ending January 15, 2000, and until his successor is duly appointed and qualified; vice, Linda D. Thomas, resigned.

     President Pro Tem Mathewson referred the above appointments and addendum to the Committee on Gubernatorial Appointments.

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 29, 1996, for your advice and consent.

     Peter M. Schloss, 19200 Neth Road, Trimble, Clay County, Missouri 64492, as a member of the Child Abuse and Neglect Review Board, for a term ending April 27, 1999, and until his successor is duly appointed and qualified; vice, Jean Goldstein, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 30, 1996, for your advice and consent.

     Gerald J. Kampeter, 225 Indian Meadow Drive, Jefferson City, Cole County, Missouri 65101, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 30, 1996, for your advice and consent.

     Donald L. Gann, 1881 Halifax Road, Holts Summit, Callaway County, Missouri 65043, as a member of the Missouri Head Injury Advisory Council for a term ending May 12, 1997, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Senator Banks moved that the above appointments be returned to the Governor, per his request, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem Mathewson appointed the following committee to act with a like committee from the House on HB 811, as amended: Senators Moseley, Banks, Wiggins, Sims and Singleton.

     President Pro Tem Mathewson appointed the following committee to act with a like committee from the House on HCS for SB 914: Senators Quick, DePasco, Clay, Treppler and Klarich.

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

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

     Herewith I return to you Senate Bill No. 818 entitled:

To repeal section 70.500, RSMo Supp. 1995, relating to the Kansas and Missouri Metropolitan Culture District Compact, and to enact one new section relating to the same subject, with an emergency clause.

     On May 3, 1996, I approved said Senate Bill No. 818.

     Senator Klarich offered Senate Resolution No. 1359, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Calvin Schaeg, which was adopted.

     Senator Caskey introduced to the Senate, members of the clergy and their families, Kip Leitner, Patricia Pierce, Gordon and Patricia Curtner and Reverend and Mrs. Randy Gilmore, Butler; Thomas and Anna Bonner, Chuck and Shelly Phillips and Gene and Carolyn Ekstrand, Windsor; Dwain and Leslie Carter, Leeton; Philip and Julie Simcosky, Raymore; Reverend and Mrs. George Hecker, Roy and Arlene McAuley, Ed and Evelyn Harris and Michael and Deborah Stith, Warrensburg; Brent and Tamera Dickerson, Greenwood; Lowell Mize, Raymore; Roger Brant, Knob Noster; Earnest and Barbara Stewart, Jesse D. Thomas and Earl and Lee Marvin, Clinton; Loren and Claudette Fritz and Reverend and Mrs. Charles Sutton, Harrisonville; Reverend and Mrs. Carl E. Rea, Holden; Othal and Madge Hodson, Strasburg; Ken and Darlene Steckly, Garden City; Robert and Becky Martin, Joyce Guffey and Mary Alice Sellers, Adrian; Timothy and Shelley Brown, Appleton City; Reverend Mike Prince, Columbus; Reverend Bill Runyon, Certerview; and Larry and Pam Curtis, Deepwater.

     Senator Staples introduced to the Senate, sixth grade students from Bunker.

     Senator Treppler introduced to the Senate, Carol Prince and one hundred fourth grade students from Bernard Elementary School, Mehlville.

     On motion of Senator Banks, the Senate adjourned under the Rules.