SENATE JOURNAL - SEVENTY-FOURTH DAY--WEDNESDAY, MAY 15, 1996

Journal of the Senate

SECOND REGULAR SESSION

SEVENTY-FOURTH DAY--WEDNESDAY, MAY 15, 1996

The Senate met pursuant to adjournment.

President Pro Tem Mathewson in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, You see everything we do, hear everything we say, know the motive behind our every act and know what is in our heart. Only You can judge us. Show us how to live to be deserving of Your "Well done thou good and faithful servant." Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

Present--Senators
Banks Bentley Caskey 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.

RESOLUTIONS

Senator Wiggins offered Senate Resolution No. 1424, regarding Dr. Wanda Jean Nelson, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1425, regarding Ms. Phyllis Miles- Young, Kansas City, which was adopted.

Senator Mathewson offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1426

BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to purchase and deliver to each Senator postage stamps not to exceed the value of eight hundred dollars ($800.00) and to take his or her receipt for the amount of postage stamps delivered, said stamps to be used by each Senator only for official business connected with his office, the expenses of same to be paid out of the contingent fund of the Senate.

Senator Maxwell offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1427

WHEREAS, Jennifer Lunsford, a student at Northeast Missouri State University, is completing a very successful tenure of service as a Legislative Intern assigned to the office of the Honorable Joe Maxwell, State Senator from the 18th District; and

WHEREAS, during the 1996 legislative session, Jennifer Lunsford has worked effectively with constituents and legislative staff to help Senator Maxwell and his Administrative Assistant, Norma Stack, to fulfill a variety of important duties, and has been regarded by each of them as an irreplaceable assistant; and

WHEREAS, Jennifer Lunsford has demonstrated an excellent understanding of the inner workings of state government while ably assuming responsibility for attending all the Senator's meetings and keeping him updated on the issues to be discussed and voted on in these meetings; and

WHEREAS, Jennifer Lunsford has shown tremendous skill and dedication in researching various issues for the Senator, and has displayed a great interest and enthusiasm for the Senate Appropriations Process; and

WHEREAS, always the first to arrive at the office and the last to leave, Jennifer Lunsford has contributed substantially to the morale of the office by getting coffee every morning; and

WHEREAS, by choosing to participate in the Missouri State Intern Program, Jennifer Lunsford has not only gained insight into the legislative process, but has also developed a number of important skills which will be of lasting benefit in helping to realize her career goals; and

WHEREAS, it is entirely fitting and proper that this legislative body should join in paying a special tribute to this outstanding young lady, who has clearly demonstrated the qualities which will enable her to join the ranks of tomorrow's leaders;

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, hereby join unanimously with Senator Maxwell, Norma Stack, and Diane Miller in extending our warmest and most hearty congratulations to Jennifer Lunsford upon the completion of an exceptionally illustrious tenure of service with this legislative body and upon her forthcoming graduation from Northeast Missouri State University, and further extend to her our very best wishes for continued success in all her future endeavors; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Jennifer Lunsford, as a measure of our esteem and gratitude.

Senator Sims offered Senate Resolution No. 1428, regarding Dave Minnihan, Chesterfield, which was adopted.

REPORTS OF STANDING COMMITTEES

Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, which was requested by the sponsor to consider taking SCS for HS for HCS for HB 1172 out of order under the provisions of Senate Rule No. 6, begs leave to report that it has considered the request and recommends that the bill do be considered out of order.

Senator Banks moved that the committee report be adopted, which motion prevailed 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 Rohrbach
Russell Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Curls Schneider--2

Absent with leave--Senators--None

HOUSE BILLS ON THIRD READING

At the request of Senator Lybyer, HS for HCS for HB 1172, with SCS, was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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 HS for HCS for HBs 1169 and 1271, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

PRIVILEGED MOTIONS

Senator Goode moved that SS for SB 981, with HS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for SS for SB 981, as amended, entitled:

HOUSE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 981

An Act to repeal section 144.748, RSMo 1994, relating to use tax, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

Was taken up.

Senator McKenna assumed the Chair.

Senator Goode moved that HS for SS for SB 981, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey 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
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Clay Curls Staples--3

Absent with leave--Senators--None

On motion of Senator Goode, HS for SS for SB 981, as amended, was read the 3rd time and passed by the following vote:

Yeas--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

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

Bill ordered enrolled.

Senator Scott moved that the Senate refuse to recede from its position on SA 1 and SA 2 to HB 1098 and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE REPORTS

Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SS for SB 560, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 560

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, as amended; begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Substitute for Senate Bill No. 560;

2. That the House recede from its position on House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, as amended;

3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Wayne Goode /s/ Brian May

/s/ Sam Graves /s/ Ken Legan

/s/ Mike Lybyer /s/ James O'Toole

/s/ Betty Sims /s/ Carson Ross

/s/ Danny Staples /s/ Norman Sheldon

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco 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--33

Nays--Senators--None

Absent--Senator Ehlmann--1

Absent with leave--Senators--None

On motion of Senator Goode, CCS for HS for HCS for SS for SB 560, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 560

An Act to repeal sections 301.140, 301.344, 301.566, 304.001, 304.155, 304.157 and 304.575, RSMo 1994, and sections 301.010 and 306.906, RSMo Supp. 1995, relating to the sale and towing of motor vehicles, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

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

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

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

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

PRIVILEGED MOTIONS

Senator House moved that the Senate refuse to concur in HCS for SS for SCS for SBs 723 and 891, as amended, and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Maxwell moved that the Senate refuse to concur in HS for SB 757, as amended, and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon, which motion prevailed.

REPORTS OF STANDING COMMITTEES

Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 1400, begs leave to report that it has considered the same and recommends that the resolution do pass.

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

Mr. President: Your Committee on Judiciary, to which was referred HS for HCS for HBs 1199, 1357 and 1393, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HS for HCS for HBs 1169 and 1271, with SCS, introduced by Representative Williams (121), entitled:

An Act to repeal sections 43.506, 82.1000, 302.060, 302.309, 302.500, 302.505, 302.510, 302.520, 302.530, 302.535, 302.541, 311.310, 311.325, 312.407, 479.500, 577.012, 577.020, 577.021, 577.023, 577.037, and 577.039, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof twenty-six new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Caskey.

SCS for HS for HCS for HBs 1169 and 1271, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1169 and 1271

An Act to repeal sections 43.506, 82.1000, 302.060, 302.304, 302.309, 302.505, 302.510, 302.520, 302.530, 302.535, 302.540, 302.541, 479.020, 479.040, 479.500, 577.001, 577.012, 577.020, 577.021, 577.037, 577.039, 577.041, 577.049, 577.520 and 577.525, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof thirty-two new sections relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for HS for HCS for HBs 1169 and 1271 be adopted.

Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page 12, Section 302.302, Line 41, by inserting immediately after the word "offenses" the following: "however combined"; and

Further amend said bill, Page 18, Section 302.309, Line 13, by deleting all of said line and inserting in lieu thereof the following: "circuit judges]. Any application may be made in writing to the court or to the director"; and

Further amend said bill, Page 19, Section 302.309, Line 57, by deleting immediately after the word "director" the opening bracket "["; and

Further amend said bill, Page 19, Section 302.309, Line 58, by deleting the words "him whenever he" and inserting in lieu thereof the following: "[him] the driver whenever [he] such driver"; and

Further amend said bill, Page 19, Section 302.309, Line 58, by deleting the following: "operates]." and inserting in lieu thereof the following: "operates a motor vehicle."; and

Further amend said bill, Page 19, Section 302.309, Line 59, by inserting immediately after the word "revenue" the following: "upon granting a limited driving privilege"; and

Further amend said bill, Page 19, Section 302.309, Lines 74 through 75, by deleting the following: "or who meets the following criteria"; and

Further amend said bill, Page 45, Section 610.127, Line 10, by deleting the following: "order." and inserting in lieu thereof the following: "order. No records shall be expunged if the person was found guilty or pled guilty to operating a commercial motor vehicle, as defined in section 302.700, RSMo, with a blood alcohol content of at least four-hundredths of one percent."; and

Further amend said bill, Page 45, Section 610.127, Line 16, by deleting the following: "RSMo;" and inserting in lieu thereof the following: "RSMo; or"; and

Further amend said bill, Page 45, Section 610.127, Line 18, by deleting the following: "RSMo; or" and inserting in lieu thereof the following: "RSMo."; and

Further amend said bill, Page 45, Section 610.127, Lines 19 through 21, by deleting all of said lines.

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

Senator Caskey offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page 22, Section 302.505, Line 8, by striking the words "reasonable suspicion" and inserting in lieu thereof "probable cause"; and further amend said section, page 23, line 11, by striking the words "reasonable suspicion" and inserting in lieu thereof "probable cause"; and

Further amend said bill, page 39, section 577.039, line 9, by inserting immediately after the word "accident" the following:

"or has been removed from the scene to receive medical treatment".

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

Senator Westfall offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page 23, Section 302.505, Line 12, by inserting after the word "a" and before the word "county" "state,"; and

Further amend same line by striking "alcohol related".

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

Senator Moseley offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House - Bills Nos. 1169 and 1271, Page 7, Section 302.010, Line 99 by striking the words "court approval" and inserting in lieu thereof the following: "judicial review"; and

Further amend said bill, pages 16-17, section 302.304, lines 106-107, by striking the words "or the court"; and further amend page 17, line 108, by striking "Assignment recommendations," and inserting in lieu thereof the following: "If a person objects to the assignment recommendations"; and further amend lines 110-111, by striking all of said lines and inserting in lieu thereof the following: "302.010,"; and further amend line 112, by striking the following: "reviewed by the court."; and further amend said line, by inserting immediately after "associate" the following: "circuit"; and further amend lines 113-114, by striking the following: ", on a printed form provided by the department of revenue,"; and further amend line 114, by inserting immediately after "assessment." the following: "The motion shall name the person or entity making the needs assessment as respondent, and a copy of such motion shall be served upon the division of alcohol and drug abuse of the department of mental health and the department of revenue."; and further amend line 115, by inserting immediately after "shall" the following: "hear and determine such motion pursuant to the provisions of chapter 517, RSMo, and shall either"; and further amend said line, by striking the words "or reject the assignment recommendations made by" and inserting in lieu thereof the following: "such recommendations or reject or modify such recommendations"; and further amend line 116, by striking "the assessment in a summary manner" and inserting in lieu thereof the following: "upon a finding that the needs assessment or assignment recommendations are inappropriate in light of the offender's previous driving record, the circumstances of the offense for which the person's license was suspended or revoked, and other evidence of substance abuse by the movant. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court"; and further amend line 117, by inserting immediately after the words "with the" the following: "assignment recommendations, or a"; and further amend said line, by striking the words "of the motion" and inserting in lieu thereof the following: "that the needs assessment or assignment recommendations are inappropriate,"; and

Further amend said bill, page 28, section 302.540, line 38, by striking the words "or the court"; and further on line 40, by striking "Assignment recommendations," and inserting in lieu thereof the following: "If a person objects to the assignment recommendations"; and further amend line 41, by striking the following: "shall be delivered in"; and further amend line 42-43, by striking all of said lines and inserting in lieu thereof the following: "the"; and further amend line 44, by inserting immediately after "associate" the following: "circuit"; and further on line 44, by striking the comma "," at the end of said line; and further amend line 45, by striking the following: "on a printed form provided by the department of revenue,"; and further amend line 46, by inserting immediately after "assessment." the following: "The motion shall name the person or entity making the needs assessment as respondent, and a copy of such motion shall be served upon the division of alcohol and drug abuse of the department of mental health and the department of revenue."; and further amend line 46, by inserting immediately after "shall" the following: "hear and determine such motion pursuant to the provisions of chapter 517, RSMo, and shall either"; and further amend said line, by striking the words "or reject the" and inserting in lieu thereof the following: "such recommendations or reject or modify such recommendations"; and further amend line 47, by striking all of said line; and

Further amend said bill and section, page 29, line 48, by striking "manner" inserting in lieu thereof the following: "upon a finding that the needs assessment or assignment recommendations are inappropriate in light of the offender's previous driving record, the circumstances of the offense for which the person's license was suspended or revoked, and other evidence of substance abuse by the movant. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court"; and further amend said line, by inserting immediately after the words "with the" the following: "assignment recommendations, or a"; and further amend line 49, by striking the words "of the motion" and inserting in lieu thereof the following: "that the needs assessment or assignment recommendations are inappropriate,"; and

Further amend said bill, page 36, section 577.001, lines 21-22, by striking the words "court approval" and inserting in lieu thereof the following: "judicial review"; and

Further amend said bill, page 41, section 577.041, line 70, by striking the words "or the court"; and further amend line 72, by striking "Assignment recommendations," and inserting in lieu thereof the following: "If a person objects to the assignment recommendations"; and further amend lines 74-75, by striking all of said lines and inserting in lieu thereof the following: "RSMo,"; and further amend line 76, by striking the following: "reviewed by the court."; and further amend said line, by inserting immediately after "associate" the following: "circuit"; and further amend lines 77-78, by striking the following: ", on a printed form provided by the department of revenue,"; and further amend line 78, by inserting immediately after "assessment." the following: "The motion shall name the person or entity making the needs assessment as respondent, and a copy of such motion shall be served upon the division of alcohol and drug abuse of the department of mental health and the department of revenue."; and further amend line 79, by inserting immediately after "shall" the following: "hear and determine such motion pursuant to the provisions of chapter 517, RSMo, and shall either"; and further amend said line, by striking the words "or reject the assignment recommendations made by" and inserting in lieu thereof the following: "such recommendations or reject or modify such recommendations"; and further amend line 80, by striking "the assessment in a summary manner" and inserting in lieu thereof the following: "upon a finding that the needs assessment or assignment recommendations are inappropriate in light of the offender's previous driving record, the circumstances of the offense for which the person's license was suspended or revoked, and other evidence of substance abuse by the movant. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court"; and further amend line 81, by inserting immediately after the words "with the" the following: "assignment recommendations, or a"; and further amend said line, by inserting immediately after "determination" the following: "that the needs assessment or assignment recommendations are inappropriate,".

Senator Moseley moved that the above amendment be adopted.

Senator Melton offered SSA 1 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page 7, Section 302.010, Line 99, by striking the words "court approval" and inserting in lieu thereof the following: "judicial review"; and

Further amend page 17, line 108, by striking "Assignment recommendations," and inserting in lieu thereof the following: "If a person objects to the assignment recommendations"; and further amend lines 110-111, by striking all of said lines and inserting in lieu thereof the following: "302.010,"; and further amend said line, by inserting immediately after "associate" the following: "circuit"; and further amend line 115, by inserting immediately after "shall" the following: "hear and determine such motion pursuant to the provisions of chapter 517, RSMo, and shall either"; and further amend said line, by striking the words "or reject the assignment recommendations" and inserting in lieu thereof the following: "such recommendations or reject or modify such recommendations"; and further amend line 117, by inserting immediately after the words "with the" the following: "assignment recommendations, or a"; and further on line 40, by striking "Assignment recommendations," and inserting in lieu thereof the following: "If a person objects to the assignment recommendations"; and further amend line 41, by striking the following: "shall be delivered in"; and further amend line 42-43, by striking all of said lines and inserting in lieu thereof the following: "the"; and further amend line 44, by inserting immediately after "associate" the following: "circuit"; and further on line 44, by striking the comma "," at the end of said line; and further amend line 46, by inserting immediately after "shall" the following: "hear and determine such motion pursuant to the provisions of chapter 517, RSMo, and shall either"; and further amend said line, by inserting immediately after the words "with the" the following: "assignment recommendations, or a"; and further amend line 72, by striking "Assignment recommendations," and inserting in lieu thereof the following: "If a person objects to the assignment recommendations"; and further amend said line, by inserting immediately after "associate" the following: "circuit"; and further amend line 79, by inserting immediately after "shall" the following: "hear and determine such motion pursuant to the provisions of chapter 517, RSMo, and shall either".

Senator Melton moved that the above substitute amendment be adopted.

President Wilson assumed the Chair.

At the request of Senator Caskey, HS for HCS for HBs 1169 and 1271, with SCS, SA 4 and SSA 1 for SA 4 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Mathewson, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Jeffrey S. Jamieson and Wayman F. Smith, as members of the St. Louis City Board of Police Commissioners;

Also,

Sharon M. Busch, as a member of the Administrative Hearing Commission.

Senator Mathewson requested unanimous consent of the Senate to vote on the above reports in one motion, which request was denied.

Senator Scott moved that the committee report be adopted and the Senate do give its advice and consent to the appointment of Jeffrey S. Jamieson.

Senator Banks offered a substitute motion that the vote to adopt the committee reports on Jeffrey S. Jamieson and Wayman F. Smith be postponed until 2:00 p.m., Thursday, May 16, 1996.

Senator Scott requested a division of the substitute motion, asking that the two appointments be dealt with on separate votes, which request was granted.

At the request of Senator Banks, his substitute motion was withdrawn.

At the request of Senator Scott, his motion for the adoption of the committee report on Jeffrey S. Jamieson, was withdrawn.

Senator Mathewson requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Mathewson moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments, which motion prevailed.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refused to adopt the Conference Committee Report on HCS for HB 991 and requests further conference on HCS for HB 991.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HB 979 and has taken up and passed HB 979 as amended by the Conference Committee Report.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for HBs 1159, 842 and 799 and has taken up and passed HCS for HBs 1159, 842 and 799 as amended by the Conference Committee Report.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SS for SB 560 and has taken up and passed CCS for HS for HCS for SS for SB 560.

Bill ordered enrolled.

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 SS for SCS for SBs 723 and 891, as amended, and grants the Senate a conference thereon and the conferees be allowed to exceed the differences.

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 SB 757, as amended, and grants the Senate a conference thereon.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for SB 757, as amended: Senators Maxwell, Howard, Lybyer, Westfall and Russell.

Also,

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for SS for SBs 723 and 891, as amended: Senators House, Johnson, Caskey, Rohrbach and Sims.

Also,

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for HCS for SB 888, as amended: Senators Goode, Lybyer, Mathewson, Russell and Mueller.

Also,

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HB 1098, as amended: Senators Scott, Wiggins, Lybyer, Flotron and Treppler.

PRIVILEGED MOTIONS

Senator Staples moved that the Senate grant the House a further conference on HCS for HB 991, as amended, which motion prevailed.

RESOLUTIONS

Senator Westfall offered Senate Resolution No. 1429, regarding the Fortieth Birthday of Dr. Paul C. Freiman, Springfield, which was adopted.

Senator Schneider offered Senate Resolution No. 1430, regarding Mr. S.D. (Dean) Dick, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1431, regarding Jeremy C. Iwaszkowiec, which was adopted.

Senator Quick offered Senate Resolution No. 1432, regarding Benje M. Douglas, Kansas City, which was adopted.

Senator Quick offered Senate Resolution No. 1433, regarding Jeremy R. Dowden, Kansas City, which was adopted.

Senator Quick offered Senate Resolution No. 1434, regarding Adam Cole, Kansas City, which was adopted.

Senator Quick offered Senate Resolution No. 1435, regarding Aaron K. German, Kansas City, which was adopted.

On motion of Senator Banks, the Senate recessed for one hour.

RECESS

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

PRIVILEGED MOTIONS

Senator Rohrbach moved that the conferees on HCS for SS for SCS for SBs 723 and 891, as amended, be allowed to exceed the differences for the purpose of adding an emergency clause, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for HB 991, as amended: Senators Staples, Banks, McKenna, Sims and Westfall.

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 conference committee, to act with a like committee from the Senate on HCS for HB 991, as amended: Representatives Koller, Bray, Van Zandt, Ostmann, Cooper.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HCS for SS for SCS for SBs 723 and 891, as amended: Representatives Rizzo, May (108), Smith, Broach, Edwards-Pavia.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HS for SB 757, as amended: Representatives Sears, Leake, Wiggins, Summers, Howerton.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HB 1098, as amended: Representatives Goward, Lumpe, Koller, Gibbons, Elliott.

CONFERENCE COMMITTEE REPORTS

Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on HB 979, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 979

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Bill No. 979, with Senate Committee Amendment No. 1, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Amendment No. 1;

2. That the attached Conference Committee Amendment No. 1 be adopted; and

3. That House Bill No. 979 with Conference Committee Amendment No. 1 be truly agreed and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Bill McKenna /s/ Wayne Crump (152)

/s/ Phil B. Curls, Sr. /s/ Bob Ward

/s/ Morris Westfall /s/ Bonnie Sue Cooper

/s/ Joe Maxwell /s/ Bill Marshall

/s/ David Klarich /s/ Thomas Hoppe

CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 979, Page 1, Section 140.722, Line 1, by inserting after the word "valid" the word "recorded"; and

Further amend said bill, Page 1, Section 141.202, Line 1, by inserting after the word "valid" the word "recorded".

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senator House--1

On motion of Senator McKenna, HB 979, as amended by the Conference Committee Report was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Graves Howard--2

Absent with leave--Senator House--1

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

Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on HCS for HBs 1159, 842 and 799, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1159, 842 and 799

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for House Bills Nos. 1159, 842 and 799, with Senate Amendment No. 1, Senate Amendment No. 2 and Senate Amendment No. 4, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on Senate Amendment No. 2 and Senate Amendment No. 4 to House Committee Substitute for House Bills Nos. 1159, 842 and 799;

2. That the Senate recede from its position on Senate Amendment No. 1 to House Committee Substitute for House Bills Nos. 1159, 842 and 799;

3. That the attached Conference Committee Amendment No. 1 be adopted; and

4. That the House Committee Substitute for House Bills Nos. 1159, 842 and 799 with Senate Amendment No. 2, Senate Amendment No. 4 and Conference Committee Amendment No. 1 be truly agreed and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Bill McKenna /s/ May Scheve

/s/ John E. Scott /s/ Joan Bray

/s/ Ronnie DePasco /s/ Joan Barry

/s/ Walt Mueller /s/ Sandra D. Kauffman

/s/ Irene Treppler /s/ Bonnie Sue Cooper

CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend House Committee Substitute for House Bills Nos. 1159, 842 and 799, Page 2, Section 313.010, Line 12, by inserting after the word "dollars" the words "per event"; and

Further amend said bill, Page 2, Section 313.010, Line 14, by deleting all of said line and inserting in lieu thereof the following: "occasions annually at which only pull-tab cards may be used."; and

Further amend said bill, Page 2, Section 313.010, Line 15, by deleting all of said line; and

Further amend said bill, Page 2, Section 313.010, Line 16, by deleting the word "dollars."; and

Further amend said bill, Page 2, Section 313.010, Line 21, by deleting the following: "subdivision (11)" and inserting in lieu thereof the following: "subdivisions (11) and (14)"; and

Further amend said bill, page 4, Section 313.040, Line 37, by deleting the words "six months" and inserting in lieu thereof the following: "one year"; and

Further amend said bill, Page 8, Section 313.057, Line 56, by inserting after the word "supplier" the following: "if timely filed and paid,"; and

Further amend said bill, Page 8, Section 1, Line 5, by deleting the word "game" and inserting in lieu thereof the word "occasion".

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

Yeas--Senators
Banks Bentley Clay Curls
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kinder
Klarich Lybyer Mathewson McKenna
Mueller Schneider Scott Sims
Singleton Staples Treppler Wiggins--24

Nays--Senators
Caskey House Kenney Maxwell
Rohrbach Russell Westfall--7

Absent--Senators
Melton Moseley Quick--3

Absent with leave--Senators--None

On motion of Senator McKenna, HCS for HBs 1159, 842 and 799, as amended by the Conference Committee Report, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Clay Curls
DePasco Ehlmann Flotron Graves
Howard Johnson Kinder Lybyer
Mathewson McKenna Moseley Quick
Schneider Scott Sims Staples
Treppler Wiggins--22

Nays--Senators
Caskey Goode House Kenney
Klarich Maxwell Mueller Rohrbach
Russell Singleton Westfall--11

Absent--Senator Melton--1

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

PRIVILEGED MOTIONS

Senator Moseley moved that SB 572, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 572, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 572

An Act to repeal sections 160.051 and 160.053, RSMo 1994, relating to the enrollment of pupils in public schools, and to enact in lieu thereof seven new sections relating to the same subject, with a contingent expiration date and an effective date of certain sections.

Was taken up.

Senator Moseley moved that HCS for SB 572, as amended, be adopted.

At the request of Senator Moseley, his motion for the adoption of HCS for SB 572, as amended, was withdrawn.

REPORTS OF STANDING COMMITTEES

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 HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, with SCS, introduced by Representative O'Connor, entitled:

An Act to repeal sections 188.025 and 188.080, RSMo 1994, and to enact in lieu thereof twelve new sections for the purpose of requiring that abortions be performed or induced safely and establishing alternative to abortion services, with penalty provisions and an effective date.

Was taken up by Senator Wiggins.

SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1320, 981, 1042, 1109

and 1250

An Act to repeal sections 188.025 and 188.080, RSMo 1994, and to enact in lieu thereof eighteen new sections for the purpose of improving abortion safety and establishing alternatives to abortion services, with penalty provisions and an effective date.

Was taken up.

Senator Wiggins moved that SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted.

Senator Wiggins offered SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1320, 981, 1042, 1109

and 1250

An Act to repeal sections 188.025 and 188.080, RSMo 1994, relating to abortions, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions and an effective date.

Senator Wiggins moved that SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted.

Senator Curls offered SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1320, 981, 1042, 1109

and 1250

An Act to repeal sections 188.025 and 188.080, RSMo 1994, relating to abortions, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions and an effective date.

Senator Curls moved that SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted.

Senators Sims, Bentley and Treppler offered SS for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1320, 981, 1042, 1109

and 1250

An Act to repeal sections 188.025 and 188.080, RSMo 1994, and to enact in lieu thereof eleven new sections for the purpose of improving abortion safety and establishing alternatives to abortion services, with penalty provisions and an effective date.

Senator Sims moved that SS for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted.

Senator Staples assumed the Chair.

President Pro Tem Mathewson resumed the Chair.

At the request of Senator Sims, SS for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 was withdrawn.

Senators Sims, Bentley and Treppler offered SS No. 2 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1320, 981, 1042, 1109

and 1250

Senator Sims moved that SS No. 2 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted and requested a roll call vote be taken. She was joined in her request by Senators Bentley, Howard, Klarich and Wiggins.

Senator Johnson assumed the Chair.

President Pro Tem Mathewson resumed the Chair.

Senator Quick assumed the Chair.

At the request of Senator Sims, SS No. 2 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 was withdrawn.

President Pro Tem Mathewson resumed the Chair.

Senator Sims offered SS No. 3 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

SENATE SUBSTITUTE NO. 3 FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1320, 981, 1042, 1109

and 1250

Senator Sims moved that SS No. 3 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted and requested a roll call vote be taken. She was joined in her request by Senators Bentley, Howard, Klarich and Wiggins.

Senator Sims moved that SS No. 3 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted, which motion failed by the following vote:

Yeas--Senators
Banks Bentley Clay Goode
Howard Johnson Lybyer Mathewson
Maxwell Moseley Quick Sims
Treppler--13

Nays--Senators
Caskey Curls DePasco Ehlmann
Flotron Graves House Kenney
Kinder Klarich McKenna Melton
Mueller Rohrbach Russell Schneider
Singleton Westfall Wiggins--19

Absent--Senator Staples--1

Absent with leave--Senator Scott--1

SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 was again taken up.

Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Senator Schneider moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Section A, Page 1, line 1, by striking the words "and 188.080".

Senator Schneider moved that the above substitute amendment be adopted.

Senator Johnson resumed the Chair.

Senator McKenna resumed the Chair.

At the request of Senator Schneider, SSA 1 for SA 1 was withdrawn.

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

Senator Schneider offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Section A, Page 1, line 1, by striking the words "and 188.080".

Senator Schneider moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1320, 981, 1042, 1109 and 1250, Page 3, Section 188.080, Line 4, by adding after the word "abortion" on said line the following words: "in a facility which does not have a working arrangement with a hospital within fifteen minutes travel time from the facility granting the admittance of patients for emergency treatment whenever necessary, or".

Senator Moseley moved that the above substitute amendment be adopted.

At the request of Senator Moseley, SSA 1 for SA 2 was withdrawn.

Senator Moseley offered SSA 2 for SA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 2

Senator Moseley moved that the above substitute amendment be adopted.

At the request of Senator Wiggins, HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, with SCS, SS for SCS, SS for SS for SCS, SA 2 and SSA 2 for SA 2 (pending), was placed on the Informal Calendar.

HS for HCS for HB 1172, with SCS, introduced by Representative Jacob, entitled:

An Act to repeal sections 144.020 and 144.140, RSMo 1994, relating to sales taxation, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

Was called from the Informal Calendar and taken up by Senator Lybyer.

SCS for HS for HCS for HB 1172, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1172

An Act to repeal sections 143.124 and 143.161, RSMo 1994, relating to taxation, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Lybyer moved that SCS for HS for HCS for HB 1172 be adopted.

President Pro Tem Mathewson resumed the Chair.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House - Bill No. 1172, Page 5, Section 143.161, Line 19, by inserting immediately after said line, the following:

"144.022. To comply with the limitations established in sections 16 and 18 of article X of the Missouri constitution, the governor may require the director of revenue to suspend collection of a portion of the state sales and use tax. The portion so suspended may be up to, but not in excess of, three percent of the purchase price paid or charged for food sold at retail businesses. For the purposes of this section, the term "food" shall include only those articles of food which are authorized under the federal food stamp program to be redeemable for food stamps. During any fiscal year in which the commissioner of administration certifies that total state revenues are reasonably projected to be in excess of the limitation established in sections 16 and 18 of article X of the Missouri constitution, the governor, by executive order, shall direct and specify the amount of sales and use tax collections which the director shall suspend. Other laws to the contrary notwithstanding, the director of revenue shall suspend collection of the amount directed by an executive order issued pursuant to this section. The tax collected on transactions shall be proportionately reduced during the period the executive order issued pursuant to this section is in effect. Any suspension in the state sales and use tax collections shall continue for the period deemed necessary in the executive order to comply with the limitations established in sections 16 and 18 of article X of the Missouri constitution but shall not extend past the fiscal year in which the executive order was issued."; and

Further amend the title and enacting clause accordingly.

Senator Goode moved that the above amendment be adopted.

Senator Mueller offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

"144.020. 1. A tax is hereby levied and imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable service at retail in this state. The rate of tax shall be as follows:

(1) Upon every retail sale in this state of tangible personal property, except as provided in subsection 3 of this section, a tax equivalent to four percent of the purchase price paid or charged, or in case such sale involves the exchange of property, a tax equivalent to four percent of the consideration paid or charged, including the fair market value of the property exchanged at the time and place of the exchange, except as otherwise provided in section 144.025;

(2) A tax equivalent to four percent of the amount paid for admission and seating accommodations, or fees paid to, or in any place of amusement, entertainment or recreation, games and athletic events;

(3) A tax equivalent to four percent of the basic rate paid or charged on all sales of electricity or electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers;

(4) A tax equivalent to four percent on the basic rate paid or charged on all sales of service to telephone subscribers and to others through equipment of telephone subscribers for the transmission of messages and conversations, both local and long distance, and upon the sale, rental or leasing of all equipment or services pertaining or incidental thereto; except that, the payment made by telephone subscribers or others, pursuant to section 144.060, shall not be considered as amounts paid for communication or telephone services or equipment;

(5) A tax equivalent to four percent of the basic rate paid or charged for all sales of services for transmission of messages of telegraph companies;

(6) A tax equivalent to four percent on the amount of sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist cabin, tourist camp or other place in which rooms, meals or drinks are regularly served to the public;

(7) A tax equivalent to four percent of the amount paid or charged for intrastate tickets by every person operating a railroad, sleeping car, dining car, express car, boat, airplane and such buses and trucks as are licensed by the transportation division of the department of economic development of Missouri, engaged in the transportation of persons for hire;

(8) A tax equivalent to four percent of the amount paid or charged for rental or lease of tangible personal property, provided that if the lessor or renter of any tangible personal property had previously purchased the property under the conditions of "sale at retail" as defined in subdivision (8) of section 144.010 and the tax was paid at the time of purchase, the lessor or renter shall not apply or collect the tax on the subsequent lease or rental receipts from that property. The purchase or use of motor vehicles, trailers, boats, and outboard motors shall be taxed and the tax paid as provided in sections 144.070 and 144.440, and no such tax shall then be collected on the rental or lease of motor vehicles, trailers, boats, and outboard motors, except as provided in sections 144.070 and 144.440. In no event shall the rental or lease of boats and outboard motors be considered a sale, charge, or fee to, for or in places of amusement, entertainment or recreation nor shall any such rental or lease be subject to any tax imposed to, for, or in such places of amusement, entertainment or recreation. Rental and leased boats or outboard motors shall be taxed under the provisions of the sales tax laws as provided under such laws for motor vehicles and trailers. Tangible personal property which is exempt from the sales or use tax under section 144.030 upon a sale thereof is likewise exempt from the sales or use tax upon the lease or rental thereof.

2. All tickets sold which are sold under the provisions of sections 144.010 to 144.510 which are subject to the sales tax shall have printed, stamped or otherwise endorsed thereon, the words "This ticket is subject to a sales tax."

3. A tax equivalent to one percent of the purchase price paid or charged for food sold at retail businesses which are authorized as participants in the federal food stamp program. For the purposes of this section, the term "food" shall include only those articles of food which are authorized under the federal food stamp program to be redeemable for food stamps."; and

Further amend the title and enacting clause accordingly.

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

At the request of Senator Lybyer, HS for HCS for HB 1172, with SCS and SA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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 SS for SCS for HS for HCS for HB 1237, as amended, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that SS for SCS for HS for HCS for HB 1237, as amended, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Maxwell, SS for SCS for HS for HCS for HB 1237, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Russell Schneider
Sims Singleton Staples Wiggins--28

Nays--Senators
Rohrbach Treppler Westfall--3

Absent--Senator Clay--1

Absent with leave--Senators
House Scott--2

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

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SCS for SBs Nos. 884 and 841, entitled:

An Act to repeal sections 552.040, 595.209, 630.110, 630.115, 630.125, 630.140, 630.150, 630.155, 630.160, 630.165, 630.167, 630.168, 630.170, 630.175, 630.192, 630.200, 630.615, 630.620, 630.805, 631.110, 631.115, 631.120, 631.135, 631.140, 631.145, 631.150, 631.165, 632.005, 632.300, 632.305, 632.325, 632.330, 632.335, 632.340, 632.345, 632.350, 632.355, 632.360, 632.365, 632.370, 632.375, 632.380, 632.390, 632.400, 632.410, 632.415, 632.440, 632.455, 633.125 and 633.160, RSMo 1994, and sections 630.005 and 630.053, RSMo Supp. 1995, relating to mental health and to enact in lieu thereof fifty-nine new sections relating to the same subject, with penalty provisions.

With House Amendments Nos. 1, 3, 4, 5, 6 and 9.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 7, Section 552.040, Line 5, by inserting before the word "acquitted" on said line, the words "tried and"; and

Further amend, Page 9, Section 552.040, Line 7, by inserting before the word "acquitted" on said line the words "tried and"; and

Further amend, Page 83, Section 632.005 (13), Line 20, by inserting a quotation mark after the word "program".

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 14, Section 552.040, Line 13 of said page, by deleting the words "unless the" and by deleting lines 14 through 22 of said page and by deleting the word "detained" on line 1 of page 15; and

Further amend said bill, Page 16, Section 552.040, Lines 11-13, by deleting the words "and jurisdiction is not transferred to the court having probate jurisdiction within thirty days".

HOUSE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 45, Section 630.115, Line 11, by inserting:

"(9) To decide not to participate or may withdraw from any research at any time for any reason;"; and

Further amend said bill by renumbering the remainder of the section.

HOUSE AMENDMENT NO. 5

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 69, Section 630.620, by inserting after said section, the following:

"630.710. 1. The standards contained in the rules shall particularly provide for the following:

(1) Admission and commitment criteria, which shall be based upon diagnoses;

(2) Care, treatment, habilitation or rehabilitation;

(3) General medical and health care;

(4) Adequate physical plant facilities, including fire safety, housekeeping and maintenance standards;

(5) Food service facilities;

(6) Safety precautions;

(7) Drugs and medications;

(8) Uniform system of recordkeeping;

(9) Resident or client rights and grievance procedures;

(10) Adequate staff.

2. By August 28, 1997, the rules shall require a criminal record review from the highway patrol for all staff in the residential facility and day program who have unsupervised contact with persons affected by a mental disorder, mental illness, mental retardation or a developmental disability.

[2]3. The rules containing the standards for living units within facilities or homes shall provide for such classifications of the living units as are small enough to insure programs based upon the personal needs of the resident as determined by individualized habilitation or treatment plans. The units may include distinct parts of other facilities such as wards, wings or floors."; and

Amend title and enacting clause accordingly.

HOUSE AMENDMENT NO. 6

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 48, Section 630.140, Line 5, by inserting after the word "records" on said line the following: "including medication given, dosage levels, an individual ordering such medication".

HOUSE AMENDMENT NO. 9

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 83, Section 632.005 (10), Line 3, by inserting following the word "professional" the words "employed by the state of Missouri".

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 661.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend Senate Bill No. 661, Page 1, Section 252.068, Line 1, by inserting immediately before all of said line the following:

"252.045. 1. No motor vehicle shall be operated within the boundary of any land owned, leased or managed by the Missouri conservation commission except upon roads, thoroughfares or areas specifically designated for travel by the commission. Except as otherwise specifically posted by the commission, or established by other governmental authority, the speed limit within any land owned, leased or managed by the Missouri conservation commission shall be forty-five miles per hour.

2. Except as otherwise provided in this subsection, swimming, camping, shooting, fires, fireworks, use of firearms, digging, cutting or removal of vegetation, tree stands, horses, pets, cave exploring, entry on areas closed to public use, bicycling [and], the operation and parking of [motor-driven land] all land and water conveyances, trailers, and aircraft are permitted only where, when, and in the manner specifically authorized by the commission on all wildlife refuges, wildlife management areas, state forests, natural areas, lakes, fishing accesses and all land and waters owned, leased or managed by the commission. Upon providing reasonable prior notification to the commission, a public utility, rural electric cooperative or railroad may cut or remove vegetation from, and construct and maintain utility services on, easement areas granted by the commission and other areas covered pursuant to the terms of existing agreements. Reasonable prior notification shall take into account weather conditions and work schedules, and shall not be required for the restoration of essential utility services.

3. No person shall discard solid waste, garbage, refuse[,] or other materials on any lands or waters described in this section. No person shall discard solid waste, garbage, refuse[,] or other materials in a solid waste receptacle located on lands described in this section if the discarded materials were generated outside the boundaries of such lands."; and

Further amend said bill in 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 SB 876.

With House Committee Amendment No. 1 and House Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 876, 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 207.125, RSMo 1994, relating to certain boards and commissions, and to enact in lieu thereof two new sections relating to the same subject, with a termination date for a certain section and with an emergency clause."; and

Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

"Section A. Section 207.125, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 26.301 and 207.125, to read as follows:"; and

Further amend said bill, Page 1, Section 26.301, Line 9, by adding after all of said line the following:

"207.125. 1. The general assembly shall establish in the division of family services, the "Missouri Family Services Advisory Council" which shall consist of fifteen citizens to be appointed as follows:

(1) Five members, two of whom shall be members of the house of representatives each of whom shall be a member of a different political party, appointed by the governor from a list submitted by the speaker of the house of representatives;

(2) Five members, two of whom shall be members of the senate each of whom shall be a member of a different political party, appointed by the governor from a list submitted by the president pro tempore of the senate;

(3) Five members appointed by the governor who either participate in, or represent persons who participate in, any of the division of family services' programs.

2. The council shall organize by electing one member as chairperson and another as vice chairperson. The council shall meet no fewer than four times per calendar year in Jefferson City, at the call of the chairman, in facilities made available by the division of family services. The council members shall [receive no compensation and no per diem expenses] be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties.

3. The council shall advise and counsel the division of family services on the rules, regulations and policy issues of the division and their effect on families. In addition, the council shall oversee the implementation and assess the success or failure of pilot projects which are chosen by the director of the division of family services for review by the council. The council shall report to the governor, the speaker of the house of representatives and the president pro tempore of the senate the results of the council's study of each pilot project reviewed by the council. Such report shall include the council's recommendation as to whether the pilot project should be expanded.

4. The council shall also serve in an ombudsman capacity by hearing complaints of citizens affected by the decisions and actions of the division regarding out-of-home placements of children in the custody of the division of family services and in-home services provided by the division of family services to families and children resulting from reports of child abuse and neglect which are received by the division. The council shall hire two employees to act as an ombudsman and secretary, whose salaries shall be paid from state appropriations made for that purpose from the division of family services budget. The ombudsman and secretary shall report to the advisory council quarterly on the number and nature of complaints and the manner in which they were resolved. The advisory council shall report annually, by January fifteenth, to the director of the division of family services and the children's services commission regarding the number, the nature and the disposition of complaints referred to the ombudsman.

5. The provisions of this section shall expire July 1, 1998.

Section B. Because immediate action is necessary to ensure the orderly operation of certain boards and commissions, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.".

HOUSE AMENDMENT NO. 1

Amend Senate Bill No. 876, Page 1, In the Title, Lines 2 and 3, by striking out all of said lines and inserting in lieu thereof the following: "To repeal sections 210.775 and 210.776, RSMo, Supp. 1995, relating to certain boards and commissions, and to enact in lieu thereof three new sections relating to the same subject with an expiration date for certain sections."; and

Further amend said bill, Section A, Lines 1 and 2, by striking out all of said lines and inserting in lieu thereof the following:

"Section A. Sections 210.775 and 210.776, RSMo Supp. 1995, are repealed and three new sections enacted in lieu thereof, to be known as sections "26.301, 210.775, and 210.776, to read as follows:"; and

Further amend said bill, Page 1, Section 26.301, Line 9, by inserting immediately after said line the following:

"210.775. 1. There is hereby created the "Missouri Foster and Group Home Placement Task Force". The task force shall consist of the following members:

(1) The director of the department of mental health, or the designee of the director;

(2) The director of the division of mental retardation and developmental disabilities, or the designee of the director;

(3) The director of the division of comprehensive psychiatric services, or the designee of the director;

(4) The director of the department of social services, or the designee of the director;

(5) The director of the division of family services, or the designee of the director;

(6) The director of the division of youth services, or the designee of the director;

(7) The commissioner of the department of elementary and secondary education, or the designee of the commissioner;

(8) An elementary school administrator and an elementary school special education teacher, appointed by the governor;

(9) A secondary school administrator and a secondary school special education teacher, appointed by the governor;

(10) Four foster parents, one of whom shall be from a noncharter county of the first classification containing a population in excess of two hundred thousand and one of whom shall be from that portion of a metropolitan statistical area, as defined by the federal Office of Management and Budget or its successor agency, within the boundaries of Missouri with a population of at least one million nine hundred thousand inhabitants and two administrators of a residential care facility for children, appointed by the governor;

(11) A member of the judiciary, who currently serves as a family court judge, appointed by the chief justice of the supreme court.

2. Members of the task force who are appointed by the governor shall be appointed with the advice and consent of the senate. No member of the task force shall receive compensation for the performance of duties related to the task force but shall be reimbursed for reasonable and necessary expenses incurred in the performance of such duties.

3. The division of family services shall convene, organize and provide support services for the Missouri foster and group home placement task force.

[210.775. 1. There is hereby created the "Missouri Foster and Group Home Placement Task Force". The task force shall consist of the following members:

(1) The director of the department of mental health, or his designee;

(2) The director of the division of mental retardation and developmental disabilities, or his designee;

(3) The director of the division of comprehensive psychiatric services, or his designee;

(4) The director of the department of social services, or his designee;

(5) The director of the division of family services, or his designee;

(6) The director of the division of youth services, or his designee;

(7) The commissioner of the department of elementary and secondary education, or his designee;

(8) An elementary school administrator and an elementary school special education teacher, appointed by the governor;

(9) A secondary school administrator and a secondary school special education teacher, appointed by the governor;

(10) Two foster parents and two administrators of a residential care facility for children, appointed by the governor;

(11) A member of the judiciary, who currently serves as a family court judge, appointed by the chief justice of the supreme court.

210.776. 1. The task force shall conduct a study of the current status of foster home and residential care facility placement of children in this state. At the completion of the study, the task force shall submit a report of the findings of the study and recommendations for changes to the governor, the speaker of the house of representatives and the president pro tem of the senate. The study shall establish baseline data and make recommendations regarding at least the following:

(1) The number of children's residential care facilities and foster homes and the actual and licensed capacities of such facilities in each school district in relation to the population of the school district;

(2) The training and qualifications of foster parents and personnel in residential care facilities;

(3) The amount paid to each foster home or residential care facility and the amount paid for each child and options to reimburse school districts for additional educational services provided to children placed in such homes or facilities;

(4) The proximity of children in homes or facilities to schools providing special education services and transportation costs to the schools;

(5) The administrative process whereby a child is moved from one out-of-home placement to another;

(6) The processing, updating and handling of children's records as children are transferred;

(7) The availability of social workers or case managers to aid school districts which have a disproportionate share of children with special needs who are placed in the district by a state agency;

(8) The visitation and accountability of social workers or case managers assigned to children in foster homes or residential care facilities;

(9) The agencies responsible for children's placement issues and options for coordination and consolidation;

(10) The number and location of satellite homes associated with facilities;

(11) The safety procedures needed regarding the notification of law enforcement and fire departments of the location and special needs of residents.

2. Sections 210.775 and 210.776 shall expire on January 1, 1998.

[210.776. 1. The task force shall conduct a study of the current status of foster home and residential care facility placement of children in this state. Such study shall be completed by October 31, 1995. At the completion of the study, the task force shall submit a report of the findings of the study and recommendations for changes to the governor, the speaker of the house of representatives and the president pro tem of the senate. The study shall establish baseline data and make recommendations regarding at least the following:

(2) The training and qualifications of foster parents and personnel in residential care facilities;

(4) The proximity of children in homes or facilities to schools providing special education services and transportation costs to the schools;

(5) The administrative process whereby a child is moved from one out- of-home placement to another;

(6) The processing, updating and handling of children's records as children are transferred;

(7) The availability of social workers or case managers to aid school districts which have a disproportionate share of children with special needs who are placed in the district by a state agency;

(8) The visitation and accountability of social workers or case managers assigned to children in foster homes or residential care facilities;

(9) The agencies responsible for children's placement issues and options for coordination and consolidation;

(10) The number and location of satellite homes associated with facilities;

(11) The safety procedures needed regarding the notification of law enforcement and fire departments of the location and special needs of residents.

2. Sections 210.775 and 210.776 shall expire on January 1, 1996.]".

Emergency clause defeated.

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 787.

Bill ordered enrolled.

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1436, regarding Mark Edwin Gants, IV, Blue Springs, which was adopted.

On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Thursday, May 16, 1996.

	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.

	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	Rohrbach
Russell	Scott	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32

	Nays--Senators--None

	Absent--Senators
Curls	Schneider--2

	Absent with leave--Senators--None