Journal of the Senate

FIRST REGULAR SESSION

SIXTY-FIFTH DAY&TUESDAY, MAY 4, 1999

The Senate met pursuant to adjournment. Star, which was adopted. President Pro Tem Quick in the Chair. Senator Klarich offered Senate Resolution No. 788, regarding Brenda Joyce Snider, Pacific, which Senator Johnson offered the following prayer: was adopted. Father, we thank You for this day and the work we have to do. We pause to lift up the people affected by the tornadoes in Oklahoma Senator Mueller offered the following and Kansas and pray that You give them comfort, security and resolution, which was read and adopted: safety. Help too with patience and wisdom as we continue our SENATE RESOLUTION NO. 789 deliberations today. Amen. WHEREAS, the members of the Missouri Senate hold The Pledge of Allegiance to the Flag was tremendous respect for their esteemed colleagues from the judicial recited. branch of the Show-Me State government; and A being established, the Senate WHEREAS, born in Lebanon, Missouri, on August 31, 1924, Robert T. Donnelly spent his childhood in Tulsa, Oklahoma, entered proceeded with its business. military service in 1943 as a member of the 405th Infantry Regiment The Journal of the previous day was read and of the 102nd Division where he advanced to the rank of Field Staff Sergeant, and while engaging German forces on February 23rd, approved. 1945, was wounded in action, he recuperated in a hospital in The following Senators were present during the England and was honorably discharged from the military service in day's proceedings: March of 1945; and WHEREAS, in 1946 Robert Donnelly entered the University Present&Senators of Missouri Law School and then on November sixteenth he married Banks Bentley Bland Caskey the former Susie Lathan; and Childers Clay DePasco Ehlmann WHEREAS, upon graduation from law school in the summer Flotron Goode Graves House of 1949, Robert Donnelly practiced law in the town of Greenfield in Howard Jacob Johnson Kenney Dade County until he moved to Lebanon to work in the office of his uncle, Phil Donnelly, while the latter served as Governor of Kinder Klarich Mathewson Maxwell Missouri; and Mueller Quick Rohrbach Russell Schneider Scott Sims Singleton WHEREAS, Robert T. Donnelly was sworn in as a member of the Supreme Court on September 7, 1965, where he served as Staples Steelman Stoll Westfall Chief Justice in 1973 and 1981, retiring from the bench on January Wiggins Yeckel&34 1, 1989; and WHEREAS, Judge Donnelly has never been one to go quietly Absent with leave&Senators&None into the night when he believes there exists an ongoing federal judicial encroachment upon the rights and responsibilities of citizen and state alike; and WHEREAS, Judge Donnelly, as a contributing writer to the RESOLUTIONS book Derailing the Constitution, observed that: "(T)he essence of Senator Steelman offered Senate Resolution the relationship between the people and their government is that the No. 787, regarding the One Hundredth Anniversary people, not the Court, are sovereign"; and of the Sullivan Chapter 105, Order of the Eastern WHEREAS, in 1998 Judge Donnelly published a book that he titled A Whistle in the Night, which is an autobiographical sketch of

1056 1057 Sixty-fifth Day—Tuesday, May 4, 1999

Robert T. Donnelly the man, soldier, politician, husband, father, WHEREAS, the General Assembly has maintained a policy friend, writer, teacher, judge, and counsel to those who seek a greater of granting such organizations permission to use the Senate Chamber knowledge and understanding of the Rule of Law; and for the purpose of their governmental and citizenship programs; WHEREAS, his belief in and devotion to God, his wife Susie, NOW, THEREFORE, BE IT RESOLVED that the members sons Brian and Tom, and his duty to his country and the State of of the Missouri Senate, Ninetieth General Assembly, First Regular Missouri, such devotion having earned him respect of citizens from Session hereby grant the Missouri Jaycees permission to use the all walks of life: Senate Chamber for the purpose of holding the Thirty-First Annual NOW, THEREFORE, BE IT RESOLVED that we, the Missouri Jaycee Mock Legislature on November 6 and 7, 1999. members of the Missouri Senate, Ninetieth General Assembly, join unanimously to honor Judge Robert T. Donnelly for his many years CONCURRENT RESOLUTIONS of exemplary service to the people of this fine state as a member of the Supreme Court; and Senator Goode moved that SCR 2, with HCS, be taken up for adoption, which motion prevailed. BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution On motion of Senator Goode, HCS for SCR 2 in honor of retired Missouri Supreme Court Justice, Robert T. was adopted by the following vote: Donnelly. YEAS&Senators Senator Sims offered the following resolution, Banks Bland Caskey Childers which was adopted: Clay DePasco Flotron Goode SENATE RESOLUTION NO. 790 Graves House Howard Jacob Johnson Kenney Kinder Klarich WHEREAS, the Missouri General Assembly has compiled a long tradition of rendering assistance to those programs aimed at Mathewson Maxwell Mueller Quick developing exemplary qualities of citizenship and leadership within Rohrbach Russell Scott Sims our youth; and Singleton Staples Steelman Stoll WHEREAS, the Missouri Girls State program of the American Westfall Wiggins Yeckel&31 Legion Auxiliary has earned considerable recognition for its success in providing young women with a unique and valuable insight into NAYS&Senators&None the process of democratic government through a format of direct role-playing experience; and Absent&Senators WHEREAS, during June 1999, the American Legion Auxiliary, Bentley Ehlmann&2 Department of Missouri, is conducting the fifty-eighth annual session of Missouri Girls State; and Absent with leave&Senator Schneider&1 WHEREAS, an important highlight of this event would be conducting a mock legislative session in the Senate Chamber at our Senator Goode moved that HCR 11 be taken State Capitol, where participants could gather to gain a more realistic up for adoption, which motion prevailed. insight into official governmental and electoral proceedings; NOW, THEREFORE, BE IT RESOLVED that we, the Senator Goode offered SS for HCR 11: members of the Missouri Senate, Eighty-ninth General Assembly, SENATE SUBSTITUTE FOR hereby grant the adult leaders and participants of the Fifty-eighth HOUSE NO. 11 Session of Missouri Girls State permission to use the Senate Chamber for the purpose of swearing in mock legislative officials WHEREAS, telecommunications services and energy services and conducting a mock legislative session on Tuesday, June 22, and sources are vital to the economic vitality and well-being of the 1999. state of Missouri; and WHEREAS, there is a nationwide trend toward deregulation Senator Graves offered the following of telecommunications services and energy services and sources resolution, which was adopted: which may create competitive markets and make available new services and customer choices; and SENATE RESOLUTION NO. 791 WHEREAS, the state and political subdivisions have imposed WHEREAS, the General Assembly of the State of Missouri has taxes, fees and other assessments on various telecommunications and a long tradition of rendering assistance to worthwhile youth energy services, and such taxes vary widely based upon locality and, activities, especially those related to governmental or citizenship within a locality, such taxes may vary widely between increasingly projects; and related and competitive services, such as telephone and cable WHEREAS, the Missouri Jaycees organization has sought to television; and instill leadership qualities in its members through its excellent mock WHEREAS, there is currently a nationwide trend toward legislature program; and competition in the production, distribution and sale of energy, Journal of the Senate 1058 including electricity, natural gas and other energy sources, and this telecommunications and energy customer groups; and trend has both potential benefits and potential adverse effects on BE IT FURTHER RESOLVED that the Committee on energy producers, distributors, retailers, customers and the citizens Legislative Research, House Research and Senate Research shall of this state; and provide such legal, research, clerical, technical and bill drafting WHEREAS, ensuring adequate and affordable services as the committee may require in the performance of its telecommunications services and energy services and sources will duties; and necessitate a fair and equitable structure of taxes across different BE IT FURTHER RESOLVED that the actual and necessary telecommunications and energy services and across different regions expenses of the committee, its members and any staff personnel of the state; and assigned to the committee incurred in attending meetings of the WHEREAS, the issue of whether governmental entities should committee or any subcommittee thereof shall be paid from the Joint expend public resources to compete with private tele- Contingent Fund. communications and energy entities should be explored; and Senator Goode moved that SS for HCR 11 be WHEREAS, a Joint Interim Committee on Telecom- adopted, which motion prevailed. munications and Energy has studied the above-mentioned issues during the tenure of the Eighty-ninth General Assembly and SS for HCR 11 was adopted by the following recommends that a similar study committee be established to such vote: study during the tenure of the Ninetieth General Assembly: & NOW, THEREFORE, BE IT RESOLVED by the House of YEAS Senators Representatives of the Ninetieth General Assembly, the Senate Banks Bentley Bland Caskey concurring therein, that a joint legislative study committee of the Childers Clay DePasco Flotron General Assembly be created to be composed of seven members of Goode Graves House Howard the House of Representatives, to be appointed by the Speaker of the Jacob Johnson Kenney Kinder House, and seven members of the Senate, to be appointed by the President Pro Tem of the Senate, and that said committee be Klarich Mathewson Maxwell Mueller authorized to function throughout the Ninetieth General Assembly; Quick Rohrbach Russell Scott and Sims Singleton Staples Steelman BE IT FURTHER RESOLVED that said committee conduct an Stoll Westfall Wiggins Yeckel&32 in-depth study and make appropriate recommendations concerning NAYS&Senators&None financial, legal, social, taxation, environmental, technological and economic issues of telecommunications, cable television, all Internet Absent&Senator Ehlmann&1 Services, including asymmetrical digital subscriber lines (ADSL) and service via cable lines, and energy services taxation, competition Absent with leave&Senator Schneider&1 between governmental entities and private telecommunication entities, and any other issues the committee deems relevant; and RESOLUTIONS BE IT FURTHER RESOLVED that said committee conduct an Senator Flotron moved that SR 595 be taken in-depth study and make appropriate recommendations concerning financial, legal, social, taxation, environmental, technological and up for adoption, which motion prevailed. economic issues of deregulation and increasing competition in Senator Flotron moved that the above energy production, distribution and sale including consideration of the effects on residential customers, small business customers, large resolution be adopted, which motion prevailed. business customers, utility shareholders and other stakeholders and any other issues the committee deems relevant; and CONCURRENT RESOLUTIONS BE IT FURTHER RESOLVED that the committee prepare an Senator Goode moved that HCR 28, with interim report, together with its recommendations for any legislative SCS, be taken up for adoption, which motion action it deems necessary for submission to the General Assembly prior to the commencement of the Second Regular Session of the prevailed. Ninetieth General Assembly and a final report, together with its Senator Graves offered SA 1, which was read: recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of SENATE AMENDMENT NO. 1 the First Regular Session of the Ninety-First General Assembly; and Amend Senate Committee Substitute for BE IT FURTHER RESOLVED that the committee may solicit any input and information necessary to fulfill its obligations from the House Concurrent Resolution No. 28, as it appears Missouri Public Service Commission, the Department of Economic in the Journal of the Senate, Thursday, April 22, Development, the Division of Energy within the Department of 1999, Page 864, in the right hand column of said Natural Resources, the Office of Public Counsel, political page, in the ninth paragraph of said resolution, by subdivisions of this state, telecommunications and energy service providers, energy utilities and representatives of all striking the words "and any other issues the 1059 Sixty-fifth Day—Tuesday, May 4, 1999 committee deems relevant" in said line. taken up by Senator Staples. Senator Graves moved that the above On motion of Senator Staples, HB 300 was amendment be adopted, which motion prevailed. read the 3rd time and passed by the following vote: Senator Goode moved that SCS for HCR 28, YEAS&Senators as amended, be adopted, which motion prevailed. Banks Bentley Bland Caskey SCS for HCR 28, as amended, was adopted by Childers Clay DePasco Ehlmann the following vote: Flotron Goode Graves House Howard Johnson Kenney Kinder YEAS&Senators Klarich Mathewson Mueller Quick Banks Bentley Bland Caskey Rohrbach Russell Scott Sims Childers Clay DePasco Flotron Staples Steelman Stoll Westfall Goode Graves House Howard Wiggins Yeckel&30 Jacob Johnson Kenney Kinder Klarich Mathewson Maxwell Mueller NAYS&Senators&None Russell Scott Sims Singleton Staples Steelman Stoll Westfall Absent&Senators Wiggins Yeckel&30 Jacob Maxwell Singleton&3

NAYS&Senator Rohrbach&1 Absent with leave&Senator Schneider&1

Absent&Senators The President declared the bill passed. Ehlmann Quick&2 On motion of Senator Staples, title to the bill was agreed to. & & Absent with leave Senator Schneider 1 Senator Staples moved that the vote by which Senator DePasco announced that photographers the bill passed be reconsidered. from the Associated Press, KOMU-TV and the Senator DePasco moved that motion lay on Senate had been given permission to take pictures the table, which motion prevailed. in the Senate Chamber today. HB 326, introduced by Representative Parker, Senator Mathewson assumed the Chair. entitled: HOUSE BILLS ON THIRD READING An Act to repeal section 41.160, RSMo 1994, Senator House moved that HS for HCS for relating to certain military forces, and to enact in HBs 427, 40, 196 and 404, with SCS, SS No. 2 for lieu thereof one new section relating to the same SCS, SA 15 and SSA 1 for SA 15 (pending), be subject. called from the Informal Calendar and again taken Was called from the Consent Calendar and up for 3rd reading and final passage, which motion taken up by Senator Stoll. prevailed. On motion of Senator Stoll, HB 326 was read SSA 1 for SA 15 was again taken up. the 3rd time and passed by the following vote: At the request of Senator House, HS for HCS YEAS&Senators for HBs 427, 40, 196 and 404, with SCS, SS No. 2 Bentley Bland Caskey Childers for SCS, SA 15 and SSA 1 for SA 15 (pending), Clay DePasco Ehlmann Flotron was placed on the Informal Calendar. Goode Graves House Howard HB 300, introduced by Representative Green, Jacob Johnson Kenney Kinder entitled: Klarich Mathewson Maxwell Mueller Quick Rohrbach Russell Scott An Act relating to automobile driver's licenses. Sims Staples Steelman Stoll Was called from the Consent Calendar and Westfall Wiggins Yeckel&31 Journal of the Senate 1060

NAYS&Senators&None the bill passed be reconsidered. Senator DePasco moved that motion lay on & Absent Senators the table, which motion prevailed. Banks Singleton&2 HB 812, with SCS, introduced by Represen- Absent with leave&Senator Schneider&1 tative Berkowitz, et al, entitled: The President declared the bill passed. An Act to repeal sections 205.200 and 206.060, RSMo 1994, relating to public hospitals, On motion of Senator Stoll, title to the bill was and to enact in lieu thereof two new sections agreed to. relating to the same subject. Senator Stoll moved that the vote by which the Was called from the Consent Calendar and bill passed be reconsidered. taken up by Senator Maxwell. Senator DePasco moved that motion lay on the SCS for HB 812, entitled: table, which motion prevailed. SENATE COMMITTEE SUBSTITUTE FOR HB 415, with SCA 1, introduced by Represen- HOUSE BILL NO. 812 tatives Vogel and Gratz, entitled: An Act to repeal sections 92.031, 205.200 and An Act relating to employment and educational 206.060, RSMo 1994, relating to tax levies for opportunities for selective service registrants. local governments providing certain public Was called from the Consent Calendar and services, and to enact in lieu thereof three new taken up by Senator Maxwell. sections relating to the same subject. SCA 1 was taken up. Was taken up. Senator Maxwell moved that the above Senator Maxwell moved that SCS for HB 812 amendment be adopted, which motion prevailed. be adopted. On motion of Senator Maxwell, HB 415, as At the request of Senator Maxwell, the above amended, was read the 3rd time and passed by the motion was withdrawn. following vote: HB 866, with SCS, introduced by Represen- YEAS&Senators tative Treadway, entitled: Bentley Bland Caskey Childers An Act to repeal sections 339.710, 339.720, Clay DePasco Flotron Goode 339.755, 339.780, 339.820 and 339.830, RSMo Graves House Howard Jacob Supp. 1998, relating to transaction brokers, and to Johnson Kenney Klarich Mathewson enact in lieu thereof six new sections relating to the Maxwell Mueller Quick Rohrbach Russell Scott Sims Staples same subject. Steelman Stoll Westfall Wiggins Was called from the Consent Calendar and Yeckel&29 taken up by Senator Scott. NAYS&Senators&None SCS for HB 866, entitled: Absent&Senators SENATE COMMITTEE SUBSTITUTE FOR Banks Ehlmann Kinder Singleton&4 HOUSE BILL NO. 866 Absent with leave&Senator Schneider&1 An Act to repeal sections 339.710, 339.720, The President declared the bill passed. 339.755, 339.780, 339.820 and 339.830, RSMo Supp. 1998, relating to transaction brokers, On motion of Senator Maxwell, title to the bill in lieu thereof seven new sections relating to was agreed to. the same subject, with an effective d Senator Maxwell moved that the vote by which Was taken up. 1061 Sixty-fifth Day—Tuesday, May 4, 1999

Senator Scott moved that SCS for HB for SCS, SA 15 and SSA 1 for SA 15 (pending), 866 be adopted, which motion prevailed.was placed on the Informal Calendar. On motion of Senator Scott, SCS for HB HOUSE BILLS ON SECOND READING 866 was read the 3rd time and passed by the following vote: The following Bill was read the 2nd time and referred to the Committee indicated: YEAS—Senators Bentley Bland Caskey Childers HB 19&Appropriations. DePasco Ehlmann Flotron Goode Senator Quick moved that the appointment of Graves House Howard Jacob Melissa C. Thomas-Hunt be returned to the Johnson Kenney Kinder Klarich Governor, pursuant to his request, which motion MathewsonMaxwell Quick Rohrbach prevailed. Russell Scott Sims Singleton Staples Steelman Stoll Westfall MESSAGES FROM THE HOUSE Wiggins Yeckel—30 The following messages were received from NAYS—Senators—None the House of Representatives through its Chief Clerk: Absent—Senators Mr. President: I am instructed by the House of Banks Clay Mueller—3 Representatives to inform the Senate that the House has taken up and passed HCS for SS No. 2 for Absent with leave—Senator Schneider—1 SB 288, entitled: The President declared the bill passed. An Act relating to the sole purpose of creating On motion of Senator Scott, title to the bill was the Missouri tobacco settlement trust fund for agreed to. certain anti-smoking education and health care Senator Scott moved that the vote by which the services. bill passed be reconsidered. With House Amendment No. 1 and House Senator DePasco moved that motion lay on the Substitute Amendment No. 2 for House table, which motion prevailed. Amendment No. 2. Senator House moved that HS for HCS for HOUSE AMENDMENT NO. 1 HBs 427, 40, 196 and 404, with SCS, SS No. 2 for Amend House Committee Substitute for SCS, SA 15 and SSA 1 for SA 15 (pending), be Senate Substitute No. 2 for Senate Bill No. 288, called from the Informal Calendar and again taken Page 1, Section 1.3, Line 9, by inserting after the up for 3rd reading and final passage, which motion word "appropriation" the following language: "by prevailed. the General Assembly." SSA 1 for SA 15 was again taken up. HOUSE SUBSTITUTE AMENDMENT NO. 2 President Pro Tem Quick assumed the Chair. FOR HOUSE AMENDMENT NO. 2 Senator Wiggins assumed the Chair. Amend House Committee Substitute for Senate Substitute No. 2 for Senate Bill No. 288, Senator Staples assumed the Chair. Page 1, Section 1, Line 8, by inserting before the Senator Mathewson assumed the Chair. words "health care" the following: "For tobacco- related"; and Senator Scott assumed the Chair. Further amend the title and enacting clause Senator Mathewson assumed the Chair. accordingly. At the request of Senator House, HS for HCS In which the concurrence of the Senate is for HBs 427, 40, 196 and 404, with SCS, SS No. 2 respectfully requested. Journal of the Senate 1062

Also, decisions, the municipal grant commission shall Mr. President: I am instructed by the House of consider such factors as the population of Representatives to inform the Senate that the House municipalities within a county, the level of has taken up and passed HCS for SCS for SB 405, intergovernmental cooperation on grant entitled: requests to the municipal grant commission, the amount of grant funds provided to specific An Act to repeal section 67.750, RSMo 1994, municipalities in prior years and the park and and sections 67.792, 67.793, 67.794, 67.795, recreation needs in the municipality requesting 67.796, 67.797 and 67.799, RSMo Supp. 1998, the grant. The municipal grant commission shall relating to recreational systems of political consist of one voting member from each county subdivisions, and to enact in lieu thereof ten new council district, none of whom shall be sections relating to the same subject. municipal officials. Members of the municipal With House Amendments Nos. 1, 2 and 3. grant commission shall be elected by the chief elected officials of the municipalities located HOUSE AMENDMENT NO. 1 predominately by population in such county Amend House Committee Substitute for Senate council district. The municipal grant Committee Substitute for Senate Bill No. 405, Page commission shall also have two nonvoting 3, Section 67.791, Line 39, by deleting the members. One of the nonvoting members shall following: "144.807" and inserting in lieu thereof be a full-time city administrator and the other the following: "144.525"; and shall be a full-time municipal parks and Further amend said bill, Page 19, Section recreation employee. The municipal grant 67.799, Line 27, by deleting the following: commission shall also establish a nine-member "144.807" and inserting in lieu thereof the advisory committee. The nonvoting member of following: "144.525". the municipal grant commission who is a full- time municipal parks and recreation employee HOUSE AMENDMENT NO. 2 shall serve as chair of such advisory Amend House Committee Substitute for Senate committee.". Committee Substitute for Senate Bill No. 405, Page HOUSE AMENDMENT NO. 3 9, Section 67.791, Line 249, by inserting at the end of said line the following: "In the case of a county Amend House Committee Substitute for of the first classification with a charter form of Senate Committee Substitute for Senate Bill No. government having a population of at least nine 405, Page 9, Section 67.791, Line 244, by inserting hundred thousand inhabitants, such grant immediately after the word "district." the proceeds shall be awarded to municipalities by following: "Costs for office administration a municipal grant commission as described in beginning in the second fiscal year of district subdivision (3) of this subsection. operations may be up to but shall not exceed fifteen percent of the amount deposited (3) In each county of the first classification pursuant to this subdivision.". with a charter form of government having a population of at least nine hundred thousand In which the concurrence of the Senate is inhabitants, a municipal grant commission shall respectfully requested. be established for the purpose of awarding Also, grant proceeds to municipalities for park and Mr. President: I am instructed by the House of recreation purposes. The municipal grant Representatives to inform the Senate that the House commission shall establish rules and shall refuses to adopt Conference Committee Report on evaluate, approve and distribute grants and HS for HCS for SB 291 and requests a further ensure the proper management of the municipal conference on HS for HCS for SB 291. grant program described in subdivision (2) of this subsection. In making its grant distribution Also, 1063 Sixty-fifth Day—Tuesday, May 4, 1999

Mr. President: I am instructed by the House of HPA 1 was taken up. Representatives to inform the Senate that the House has taken up and adopted the Conference Senator Mathewson moved that the above Committee Report on HCS for SCS for SB 334 amendment be adopted, which motion prevailed by and has taken up and passed HCS for SCS for the following vote: SB 334, as amended by the Conference Committee YEAS&Senators Report. Banks Bland Caskey Childers Bill ordered enrolled. Clay DePasco Ehlmann Flotron Graves House Jacob Johnson MESSAGES FROM THE GOVERNOR Kenney Kinder Klarich Mathewson Mueller Quick Rohrbach Russell The following message was received from the Scott Sims Staples Steelman Governor, reading of which was waived: Stoll Westfall Wiggins Yeckel&28 OFFICE OF THE GOVERNOR State of Missouri NAYS&Senators&None Jefferson City, Missouri May 4, 1999 Absent&Senators TO THE SENATE OF THE 90th GENERAL ASSEMBLY Bentley Goode Howard Maxwell OF THE STATE OF MISSOURI: Singleton&5 I have the honor to transmit to you herewith for your the following appointment to office: Absent with leave&Senator Schneider&1 James D. Johnson, Republican, 8750 Highway H, Southeast, Agency, Buchanan County, Missouri 64401, as a member of the On motion of Senator Mathewson, SCS for Northwest Missouri State University Board of Regents, for a term HB 792, as amended by HPA 1, was read the 3rd ending January 1, 2005, and until his successor is duly appointed and time and passed by the following vote: qualified; vice, James F. Gibson, term expired. & Respectfully submitted, YEAS Senators MEL CARNAHAN Banks Bland Caskey Childers Governor Clay DePasco Ehlmann Flotron Graves House Howard Johnson President Pro Tem Quick referred the above Kenney Kinder Klarich Mathewson appointment to the Committee on Gubernatorial Mueller Quick Rohrbach Russell Appointments. Scott Sims Staples Steelman On motion of Senator DePasco, the Senate Stoll Westfall Wiggins Yeckel&28 recessed until 1:00 p.m. NAYS&Senators&None RECESS Absent&Senators The time of recess having expired, the Senate Bentley Goode Jacob Maxwell was called to order by President Pro Tem Quick. Singleton&5

PRIVILEGED MOTIONS Absent with leave&Senator Schneider&1 Senator Childers moved that the Senate The President Pro Tem declared the bill conferees on SCS for HB 789 be allowed to exceed passed. the differences on technical language in the bill, which motion prevailed. On motion of Senator Mathewson, title to the bill was agreed to. Senator Mathewson moved that SCS for HB 792, with HPA 1, be taken up for 3rd reading Senator Mathewson moved that the vote by and final passage, which motion prevailed. which the bill passed be reconsidered. Senator DePasco moved that motion lay on Journal of the Senate 1064 the table, which motion prevailed. B-35, B-36, B-37, B-37A, B-38, and House Hearing Rooms 1,2,3,4,5,6,7,8, and 9 and which may be designated by other numbers and all rooms within these rooms where only a main corridor number MESSAGES FROM THE HOUSE is listed; and rooms on the first floor as follows: 100, 101, 102, The following messages were received from the 102B, 103, 103B, 104, 105, 106, 107, 108, 109, 109A, 110, 110A, House of Representatives through its Chief Clerk: 110B, 111, 112, 113, 114 (A-C), 115, 116, 116A, 117 (A-E), 117H, 118C, 118G, 118H, 130D, 131, 132, 134, 135, 135A, 135B and all Mr. President: I am instructed by the House of rooms within these rooms where only a main corridor number is Representatives to inform the Senate that the House listed; and rooms on the second floor as follows: 200, 200A, 200B- C, 200C, 201(A, B, A-A, B-A, B-B), 202, 203, 204, 204B, 205 (A- has taken up and passed HCR 37. B), 206, 207 (A-B), Vault-10, 233, 233A, 233B, 234, 235, 235B-A, HOUSE CONCURRENT RESOLUTION NO. 37 235B-B, , 235C, 236, 236A, 236B, and all rooms within these rooms where only a main corridor number is listed; and all rooms WHEREAS, accessibility to offices, hearing rooms, and other and areas on the third and fourth floors of the Capitol currently facilities within the State Capitol continues to fall short of occupied by the House; and the fifth floor SE alcove area directly compliance with the Americans with Disabilities Act, thereby above the third floor grand staircase alcove. denying meaningful access by legislators, staff and visitors to these public spaces; and (2) To the Senate WHEREAS, the lack of adequate office space for legislators Rooms as follows: B-8D, B-8E, B-8F, B-9, B-11, B-12, B-13, B- and staff along with the lack of adequate facilities to conduct 14A, B-14B, B-14C, B-14D, B-14E, B-15B, B-41, B-42, B-43A, B- hearings, meetings and other legislative business in the State Capitol 43B, all rooms within these rooms where only a main corridor has been an issue of major and growing concern for many years; and number is listed; and rooms on the first floor as follows: 118, 118A, 118B, 118E, 119, 119A, 119B, 135B and all rooms within these WHEREAS, in 1995, Sverdrup Facilities Corporation and its rooms where only a main corridor number is listed; and rooms on the consultants published a comprehensive State Office Space Study and second floor as follows: 227, 227A, 227B, 227C, V-11, and all Master Plan, after having been requested by the State of Missouri rooms within these rooms where only a main corridor number is Office of Administration to develop a strategic plan for listed; and all rooms and areas on the third, fourth and fifth floors of accommodating space needs for non-institutional offices statewide the Capitol currently occupied by the Senate. through Fiscal Year 2004; and BE IT FURTHER RESOLVED, pursuant to sections 8.015 WHEREAS, the Sverdrup study declared "The Capitol and 8.017, RSMo., that the Senate and House of Representatives Building, with the exceptions of the Senate and House chambers, is retain control of all of the third and fourth floors as stated above; and suffering from many ill-conceived renovations and overcrowding". And "Many spaces are poorly ventilated,[and] lighted<"; and BE IT FURTHER RESOLVED that the House provide necessary space for members of the press on the House side of the WHEREAS, existing conditions present urgent needs for Capitol who may be required to vacate space as a result of this mechanical, electrical and other infrastructure repairs and resolution; and that the Senate provide necessary space for members improvements to restore and renovate the State Capitol for its of the press on the Senate side of the Capitol who may be required historic preservation for all citizens of this state; to vacate space as a result of this resolution; and NOW, THEREFORE, BE IT RESOLVED that the members of BE IT FURTHER RESOLVED that the rooms and areas be the Missouri House of Representatives of the Ninetieth General made available commencing May 17, 1999 and be totally delivered Assembly, First Regular Session, the Senate concurring therein, that not later than June 10, 1999; and pursuant to the provisions of Section 8.460, RSMO, the board of public buildings be advised to reassign certain offices and other BE IT FURTHER RESOLVED that rooms 127, 127A, 128, space within the State Capitol to provide accessible and adequate 129, 130, upon these areas being vacated by the Office of space for the members of and functions necessary for the Missouri Administration Division of Budget and Planning, and room 208, General Assembly; and upon this area being vacated by the Secretary of State, and rooms 230, 231, 232, upon these rooms being vacated by the State BE IT FURTHER RESOLVED that certain rooms and space Treasurer, shall come under the control of the House of within the State Capitol, as listed below, some of which may now be Representatives; and occupied by others, be vacated by the current occupants and be reassigned or assigned as noted below, such assignments to be in BE IT FURTHER RESOLVED that rooms 122, 123,124, addition to all other rooms and space presently occupied by the upon these areas being vacated by the Office of Administration House of Representatives and the Senate; and Division of Budget and Planning, and rooms 125 and 126, upon these area being vacated by the Commissioner of Administration of BE IT FURTHER RESOLVED that the terms and agreements the Office of Administration, room 224 upon this room being of all previous Resolutions are vacated and that the following rooms vacated by the State Auditor, shall come under the control of the on the first, second, third, fourth, and basement floors of the State Senate; and Capitol be assigned as follows: BE IT FURTHER RESOLVED that the Chief Clerk of the (1) To the House of Representatives: House and the Administrator of the Senate shall mark the rooms Rooms as follows: B-16, B-20, B-20A, B-21, B-21A, B-22, B-25, B- assigned upon blueprints and shall submit the blueprints to the board 25A, B-30, B-31, B-31A, B-32, B-32A, B-33, B-33A, B-33B, B-34, of public buildings and the office of design and construction, 1065 Sixty-fifth Day—Tuesday, May 4, 1999 together with a vacating date and together with a properly inscribed 285, Page 1, In the Title, Line 2, by inserting after copy of this resolution; the following: "130.050," the following: BE IT FURTHER RESOLVED that where room numbers and "130.056,"; and descriptions are not clear, that the blueprints shall control and that all rooms, existing or to be built, shall be renumbered in a logical and Further amend said bill, Page 1, In the Title, orderly manner so as to accurately reflect the intent of this Line 5, by deleting the word "thirteen" and resolution. inserting in lieu thereof the word "fourteen"; and In which the concurrence of the Senate is Further amend said bill, Page 1, Section A, respectfully requested. Line 1, by inserting after the following: "130.050," Also, the following: "130.056,"; and Mr. President: I am instructed by the House of Further amend said bill, Page 1, Section A, Representatives to inform the Senate that the House Line 3, by deleting the word "twelve" and inserting has taken up and passed HCS for SCS for SBs 31 in lieu thereof the word "thirteen"; and and 285, entitled: Further amend said bill, Page 1, Section A, An Act to repeal sections 105.473, 105.955, Line 4, by inserting after the following: "130.050," 105.963, 130.031, 130.036, 130.046, 130.050, the following: "130.056,"; and 130.057 and 130.110, RSMo Supp. 1998, and both Further amend said bill, Page 29, Section versions of section 130.041, as they appear in 130.050, Line 53, by inserting after all of said line RSMo Supp. 1998, relating to certain procedures of the following: public entities responsible for campaign finance administration, and to enact in lieu thereof thirteen "130.056. 1. The executive director of the new sections relating to the same subject, with an Missouri ethics commission shall: emergency clause for a certain section. (1) Take such steps as are necessary to disseminate among the general public such With House Amendments Nos. 1, 2, 3, 4, 5, 6, information as may serve to guide all persons who 7, 8, 10 and 11. are or may become subject to the provisions of this chapter for the purpose of facilitating voluntary HOUSE AMENDMENT NO. 1 compliance with the purposes and provisions of Amend House Committee Substitute for Senate this chapter; Committee Substitute for Senate Bills Nos. 31 and (2) Be responsible for expediting the filing of 285, Page 12, Section 105.964, Line 7, by deleting all reports, statements and other information the word "seven" and inserting in lieu thereof the required to be filed pursuant to the provisions of word "eight"; and this chapter and, in connection therewith, be Further amend said bill, Page 24, Section responsible for developing procedures whereby all 130.046, Line 3, by deleting the word "seventh" candidates shall be informed of the provisions of and inserting in lieu thereof the following: section 130.016 so as to assure the timely filing of "[seventh] eighth". statements which some candidates are eligible to HOUSE AMENDMENT NO. 2 file as provided in section 130.016; Amend House Committee Substitute for Senate (3) Develop and publish forms and printed Committee Substitute for Senate Bills Nos. 31 and instructional material and furnish such forms and 285, Page 29, Section 130.057, Line 18, by instructions to persons required to file reports and deleting the word "shall" and inserting in lieu statements pursuant to the provisions of this thereof the following: "[shall] may". chapter, together with a summary of the provisions of chapter 115, RSMo, which apply to candidates HOUSE AMENDMENT NO. 3 and committees covered by this chapter, provided, Amend House Committee Substitute for Senate however, such forms shall not seek information Committee Substitute for Senate Bills Nos. 31 and which is not specifically required by this chapter. Journal of the Senate 1066

All forms furnished pursuant to this chapter shall (9) Prepare and publish such other reports as clearly state in readable type on the face of the the Missouri ethics commission deems appropriate; form the date on which the form became effective. (10) Disseminate statistics, summaries, and The forms published by the executive director shall reports prepared under this chapter; provide for compliance with reporting and other provisions of this chapter. Any report form (11) Employ staff and retain such contract published by the executive director for purposes of services, including legal services to represent the compliance with section 130.041 shall provide for commission before any state agency or before the reporting contributions from individuals, courts as the executive director deems necessary corporations, labor organizations and fictitious within the limits authorized by appropriation by the entities and contributions from committees on the general assembly. same form. Contributions from committees shall be 2. Each appropriate officer other than the listed first on each report form. All expenditures executive director of the Missouri ethics shall also be reported on a single report form; commission shall: (4) Develop a filing, coding and cross-indexing (1) Assist the executive director in furnishing system for reports and statements required to be forms and printed instructional material to persons filed with the Missouri ethics commission, and required to file reports and statements pursuant to preserve such reports and statements for a period of the provisions of this chapter; not less than five years from date of receipt; (2) Accept reports and statements required to (5) Make the reports and statements filed with be filed with the person's office; the Missouri ethics commission available for public inspection and copying, commencing as soon as (3) Develop for the officer's constituency a practicable but not later than the end of the second filing, coding, and cross-indexing system day after which a report was received, and permit consonant with the purposes of this chapter; copying of any such report or statement by hand or (4) Make the reports and statements filed with by duplicating machine, as requested by any the officer available for public inspection and person, at the expense of such person, but no copying, commencing as soon as practicable but information obtained from such reports and not later than the end of the second day after which statements shall be sold or utilized by any person a report was received, and permit copying of any for any commercial purpose; such report or statement by hand or by duplicating (6) Examine each report and statement filed machine, as requested by any person, at the with the Missouri ethics commission pursuant to expense of such person, but no information the requirements of this chapter to determine if the obtained from such reports and statements shall be statements are properly completed and filed within sold or utilized by any person for any commercial the time required by this chapter; purpose; (7) Notify a person required to file a report or (5) Preserve such reports and statements for a statement pursuant to this chapter with the period of not less than five years from the date of Missouri ethics commission immediately if, upon receipt; examination of the official ballot or other (6) Examine each report and statement filed circumstances surrounding any election, it appears with the person's office pursuant to the that the person has failed to file a report or requirements of this chapter to determine if the statement as required by law; reports and statements appear to be complete and (8) From reports filed with the Missouri ethics filed within the required time; commission, prepare and publish an annual report (7) Notify a person required to file a report or including compilations of amounts contributed and statement pursuant to this chapter immediately if, expended for the influencing of nominations and upon examination of the circumstances surrounding elections; any election, it appears that the person has failed to 1067 Sixty-fifth Day—Tuesday, May 4, 1999 file a report or statement as required by law; 285, Page 31, Section 1, Line 4, by inserting (8) Notify the Missouri ethics commission if immediately after said line the following: the person has reasonable cause to believe that a "Section 2. There is hereby created the violation of this chapter has occurred; position of director of electronic information (9) Assess every candidate for state or local systems within the Missouri ethics commission. office failing to file with a local election The director of electronic information systems authority pursuant to section 130.026, a shall, at a minimum, have a baccalaureate campaign disclosure report as required by degree from an accredited institution of higher chapter 130, RSMo, other than the report education with a major in computer science, required pursuant to subdivision (1) of computer engineering or computer programing. subsection 1 of section 130.046, a late filing fee In addition to the baccalaureate degree, the of ten dollars for each day such report is due to director shall have appropriate work experience the election authority. The local election in the field of computer science, computer authority shall mail a notice, by registered mail, engineering or computer programming. The to any candidate and candidate committee director shall be employed pursuant to treasurer and deputy treasurer who fails to file subsection 11 of section 105.955, RSMo. The such report informing such person of such director shall administer and be responsible for failure and the fees provided by this subdivision. the establishment, implementation and If the candidate persists in such failure for a maintenance of computer systems, electronic period in excess of thirty days beyond the reporting and other electronic information and receipt of such notice, the amount of the late communication systems as may be required filing fee shall increase to one hundred dollars pursuant to the authority and requirements of for each day that the report is not filed, the Missouri ethics commission."; and provided that the total amount of such fees Further amend the title and enacting clause assessed pursuant to this subsection per report accordingly. shall not exceed three thousand dollars. HOUSE AMENDMENT NO. 5 3. Any person receiving from an appropriate Amend House Committee Substitute for officer a copy of, or who is permitted to inspect or Senate Committee Substitute for Senate Bills Nos. make a copy of, any report or statement filed 31 and 285, Page 31, Section 105.966, Line 4, by pursuant to the requirements of this chapter shall deleting the words "three months" and inserting in sign a statement that the person will not utilize the lieu thereof the words "ninety days"; and reports or statements or any information thereon for any commercial use, except for public news Further amend said bill, Page 31, Section reporting, whatsoever and will not transfer the 105.966, Line 5, by deleting the words "be granted information obtained to any other persons for such an additional three months" and inserting in lieu purposes. It shall be the responsibility of each thereof the words "file a petition in the Cole appropriate officer to instruct any person making a County circuit court to request an additional request to inspect, copy or receive a copy of any ninety days"; and report or statement or any portion of a report or Further amend said bill, Page 31, Section statement filed pursuant to this chapter that the 105.966, Line 6, by inserting at the end of said line utilization of any information obtained from such the following: "Upon filing the petition, the reports for any commercial purpose is a violation ninety day period shall be tolled until the court of this chapter.". determines whether additional time is needed."; HOUSE AMENDMENT NO. 4 and Amend House Committee Substitute for Senate Further amend said bill, Page 31, Section Committee Substitute for Senate Bills Nos. 31 and 105.966, Line 11, by inserting after the word Journal of the Senate 1068

"upon" the following: "by the ethics com- Committee Substitute for Senate Bills Nos. 31 and mission". 285, Page 9, Section 16, Line 186, by inserting HOUSE AMENDMENT NO. 6 after said line the following: Amend House Committee Substitute for Senate "Such advisory opinions shall be issued no later Committee Substitute for Senate Bills Nos. 31 and than ninety (90) days from date of receipt by the 285, Page 29, Section 130.057, Line 26, by commission." deleting the word "shall" and in lieu thereof the Emergency clause defeated. following: "[shall]" "may." In which the concurrence of the Senate is HOUSE AMENDMENT NO. 7 respectfully requested. Amend House Committee Substitute for Senate HOUSE BILLS ON THIRD READING Committee Substitute for Senate Bills Nos. 31 and HB 548, with SCS, introduced by Represen- 285, Page 25, Section 130.046, Line 50, by inserting tative Kennedy, entitled: after the following: "September." the following: "No candidate, treasurer or deputy treasurer An Act to repeal section 144.014, RSMo shall be required to file the quarterly disclosure Supp. 1998, relating to sales tax on food, and to report required not later than the fifteenth day of enact in lieu thereof one new section relating to the any January immediately following a November same subject. election, provided that such candidate, treasurer Was called from the Consent Calendar and or deputy treasurer shall file the information taken up by Senator Wiggins. required on such quarterly report on the quarterly report to be filed not later than the SCS for HB 548, entitled: fifteenth day of April immediately following such SENATE COMMITTEE SUBSTITUTE FOR November election.". HOUSE BILL NO. 548 HOUSE AMENDMENT NO. 8 An Act to repeal sections 135.550, 135.600 Amend House Committee Substitute for Senate and 144.014, RSMo Supp. 1998, relating to Committee Substitute for Senate Bills Nos. 31 and taxation, and to enact in lieu thereof three new 285, Page 16, Section 130.031, Line 132, by sections relating to the same subject. adding after "information." the following: Was taken up. "It shall also be a violation if the information Senator Wiggins moved that SCS for HB 548 contained in any printed or broadcast material is be adopted, which motion prevailed. false and if done in conjunction and participation On motion of Senator Wiggins, SCS for with any candidate, the candidate shall be held HB 548 was read the 3rd time and passed by the equally liable." following vote: HOUSE AMENDMENT NO. 10 YEAS&Senators Amend House Committee Substitute for Senate Banks Bland Caskey Childers Committee Substitute for Senate Bills Nos. 31 and Clay DePasco Ehlmann Flotron 285, Page 29, Section 130.050, Line 44, by Graves House Howard Jacob deleting all of said line and inserting in lieu thereof Johnson Kenney Kinder Klarich the following: Mathewson Mueller Quick Rohrbach Russell Scott Sims Singleton "Section 130.032] two hundred fifty dollars by a Staples Steelman Stoll Westfall candidate committee supporting a candidate for". Wiggins Yeckel&30 HOUSE AMENDMENT NO. 11 NAYS&Senators&None Amend House Committee Substitute for Senate 1069 Sixty-fifth Day—Tuesday, May 4, 1999

Absent&Senators Johnson Kenney Kinder Klarich Bentley Goode Maxwell&3 Mathewson Maxwell Mueller Quick Rohrbach Russell Schneider Scott Absent with leave&Senator Schneider&1 Sims Staples Steelman Stoll Westfall Wiggins Yeckel&31 The President Pro Tem declared the bill passed. On motion of Senator Wiggins, title to the bill Absent&Senators was agreed to. Banks Goode Singleton&3

Senator Wiggins moved that the vote by which & & the bill passed be reconsidered. Absent with leave Senators None Senator DePasco moved that motion lay on the PRIVILEGED MOTIONS table, which motion prevailed. Senator DePasco submitted the following Senator House moved that HS for HCS for motion: HBs 427, 40, 196 and 404, with SCS, SS No. 2 for The undersigned, as a result of the absence of SCS, SA 15 and SSA 1 for SA 15 (pending), be the Senator from the 5th, hereby submit the called from the Informal Calendar and again taken following motion on the question of passage of up for 3rd reading and final passage, which motion SA 1 to SSA 1 for SA 15 to SS No. 2 for Senate prevailed. Committee Substitute for House Substitute for SSA 1 for SA 15 was again taken up. House Committee Substitute for House Bills Nos. 427, 40, 196 and 404. Senator Johnson assumed the Chair. SHALL THIS QUESTION BE NOW PUT? President Pro Tem Quick assumed the Chair. /s/ Ronnie DePasco /s/ Steve Ehlmann Senator Banks offered SA 1 to SSA 1 for SA 15: /s/ John E. Scott /s/ Jim Mathewson SENATE AMENDMENT NO. 1 TO /s/ Harry Wiggins /s/ Franc Flotron SENATE SUBSTITUTE AMENDMENT NO. 1 /s/ John T. Russell /s/ John D. Schneider FOR SENATE AMENDMENT NO. 15 Senator Caskey raised the point of order that Amend Senate Substitute Amendment No. 1 for the motion offered by Senator DePasco to move the Senate Amendment No. 15 to Senate Substitute previous question on SA 1 to SSA 1 for SA 15 is No. 2 for Senate Committee Substitute for House out of order because the of the amendment Substitute for House Committee Substitute for is not present. House Bills Nos. 427, 40, 196 and 404, Page 1, Lines 2-7, by deleting all of said lines in the Senator Wiggins assumed the Chair. amendment and inserting in lieu thereof the The point of order was referred to the following: "or protect her health.". President Pro Tem, who ruled it not well taken. Senator Banks moved that the above Senator Jacob raised the point of order that the amendment be adopted. motion is not timely because the Senate is on Senator DePasco requested a quorum be another order of business. established by . The point of order was referred to the On roll call the following Senators were President Pro Tem, who ruled it not well taken. present: The motion to move the previous question on Present&Senators SA 1 to SSA 1 for SA 15 was adopted by the Bentley Bland Caskey Childers following vote: Clay DePasco Ehlmann Flotron YEAS&Senators Graves House Howard Jacob Bentley Childers DePasco Ehlmann Journal of the Senate 1070

Flotron Graves House Johnson Appropriations, submitted the following reports: Kenney Kinder Klarich Mathewson Mr. President: Your Committee on Mueller Quick Rohrbach Russell Appropriations, to which was referred HCS for Schneider Scott Sims Singleton HB 13, begs leave to report that it has considered Staples Steelman Stoll Westfall the same and recommends that the Senate Wiggins Yeckel&26 Committee Substitute, hereto attached, do pass. NAYS&Senators Also, Bland Caskey Clay Goode Mr. President: Your Committee on Howard Jacob Maxwell&7 Appropriations, to which was referred HB 15, begs leave to report that it has considered the same and Absent&Senator Banks&1 recommends that the bill do pass, with Senate Committee Amendment No. 1. Absent with leave&Senators&None SENATE COMMITTEE AMENDMENT NO. 1 Senator Maxwell requested a roll call vote be Amend House Bill No. 15, Page 22, Section taken on the adoption of SA 1 to SSA 1 for SA 15 15.156, Line 7, by deleting the words "From State and was joined in his request by Senators Jacob, Highways and Transportation Department Fund" Mathewson, Russell and House. and inserting in lieu thereof the words "From General Revenue"; and SA 1 to SSA 1 for SA 15 failed of adoption by Further amend said bill, page 22, section the following vote: 15.158, line 7, by deleting the words "From State YEAS&Senators Highways and Transportation Department Fund" Bland Caskey Clay Goode and inserting in lieu thereof the words "From Graves Howard Jacob Maxwell General Revenue"; and & Quick Sims Staples 11 Further amend said bill, page 23, section 15.162, line 7, by deleting the words "From State NAYS&Senators Highways and Transportation Department Fund" Bentley Childers DePasco Ehlmann Flotron House Johnson Kenney and inserting in lieu thereof the words "From Kinder Klarich Mathewson Mueller General Revenue"; and Rohrbach Russell Schneider Scott Further amend said bill, page 23, section Singleton Steelman Stoll Westfall 15.166, lines 1-8, by deleting all of said lines; and Wiggins Yeckel&22 Further amend said bill, page 23, section 15.168, lines 1-10, by deleting all of said lines. Absent&Senator Banks&1 Also, Absent with leave&Senators&None Mr. President: Your Committee on SSA 1 for SA 15 was again taken up. Appropriations, to which was referred HB 16, begs leave to report that it has considered the same and Senator Johnson assumed the Chair. recommends that the bill do pass, with Senate Committee Amendment No. 1. At the request of Senator House, HS for HCS SENATE COMMITTEE AMENDMENT NO. 1 for HBs 427, 40, 196 and 404, with SCS, SS No. 2 Amend House Bill No. 16, Page 6, Section for SCS, SA 15 and SSA 1 for SA 15 (pending), 16.029, Line 3, by deleting the word "gas" on said was placed on the Informal Calendar. line and inserting in lieu thereof the word "grants". REPORTS OF STANDING COMMITTEES MESSAGES FROM THE HOUSE Senator Goode, Chairman of the Committee on 1071 Sixty-fifth Day—Tuesday, May 4, 1999

The following messages were received from the section, if made or entered into after the House of Representatives through its Chief Clerk: effective date of this act, is void and Mr. President: I am instructed by the House of unenforceable. Any assessment or preliminary Representatives to inform the Senate that the House assessment of taxes, penalties or interest has taken up and adopted the Conference proposed or asserted by a person, firm or Committee Report on SCS for HCS for HB 348 corporation compensated pursuant to any such and has taken up and passed CCS for SCS for contract or arrangement shall likewise be null HCS for HB 348. and void. Any contract or arrangement, if made or entered into after the effective date of this Also, section, in which the person, firm or corporation Mr. President: I am instructed by the House of conducting the examination agrees or has an Representatives to inform the Senate that the House understanding with the taxing authority that all has taken up and passed SB 76. or part of the compensation paid or payable will be waived or otherwise not paid if there is no With House Amendments Nos. 1, 2, 3 and 4. assessment or no collection of tax or if less than HOUSE AMENDMENT NO. 1 a certain amount is assessed or collected is void Amend Senate Bill No. 76, Page 3, Section and unenforceable. 141.830, Line 21, by inserting after all of said line 2. For the purposes of this section the word the following: "tax" shall mean any tax, license, fee or other "Section 1. No person or entity seeking a charge payable to the state of Missouri, any state contract shall be eligible for any such agency thereof, county or any agency thereof, or contract if such person or entity is delinquent in other political subdivision or any agency state, federal or local taxes of any kind. This thereof, including but not limited to, income, section shall not apply to persons or entities franchise, sales and use, property, business contesting any such delinquency, either in a license, gross receipts or any other taxes payable court of law or through the administrative by the taxpayer on account of its activities or procedures of the governmental agency property in, or income, sales, gross receipts or responsible for collecting such tax."; and the like derived from sources within, the state, county or political subdivision. Further amend the title and enacting clause accordingly. 3. The provisions of this section shall not be construed to prohibit or restrict this state or a HOUSE AMENDMENT NO. 2 county or other political subdivision of this state Amend Senate Bill No. 76, Page 3, Section from entering into contracts or arrangements 141.830, Line 21 by inserting after said line the for the collection of any tax, interest, court cost following: or penalty when the person, firm or corporation making such assessment or collection has no "Section 1. 1. Neither this state nor any authority to determine the amount of tax, county or other political subdivision of this state interest, court cost or penalty owed this state or shall enter into any contract or arrangement or a county or other political subdivision of this expend any general revenue or special revenue state without approval of the entity."; and funds for the examination of a taxpayer's books and records if any part of the compensation Further amend the title and enacting clause paid or payable for the services of the person, accordingly. firm or corporation conducting the examination HOUSE AMENDMENT NO. 3 is contingent upon or otherwise related to the amount of tax, interest, court cost or penalty Amend Senate Bill No. 76, Page 2, Section assessed against or collected from the taxpayer. 92.715, Line 10, by inserting after the number A contract or arrangement in violation of this "2000" the phrase "on owner-occupied residential Journal of the Senate 1072 property"; and 86.283, 86.287, 86.450, 86.457, 86.810"; and Further amend said bill, Page 2, Section Further amend said bill, Page 1, Section A, 140.100, Line 7, by inserting after the number Line 2, by deleting all of said line and inserting in "2000" the phrase "on owner-occupied residential lieu thereof the following: "twelve new sections property"; and enacted in lieu thereof, to be known as sections Further amend said bill, Page 3, Section 86.251, 86.253, 86.254, 86.256, 86.260, 86.280, 141.830, Line 11, by inserting after the number 86.283, 86.287, 86.450, 86.457, 86.810 and "2000" the phrase "on owner-occupied residential 105.691"; and property". Further amend said bill, Page 1, Section A, HOUSE AMENDMENT NO. 4 Line 3, by inserting after all of said line the following: Amend Senate Bill No. 76, Page 2, Section 140.100, Line 9, by adding after the words "86.251. 1. The board of trustees may develop "Federal Reserve System." the following: "The and establish a deferred retirement option plan longer tax rates as stated in this subsection shall (DROP) in which members eligible for retirement apply to all counties operating under Chapter may participate. The DROP shall be designed to 140.". allow members with at least twenty years of service or who have attained the age of fifty-five who have In which the concurrence of the Senate was achieved eligibility for retirement and are entitled respectfully requested. to a service retirement allowance and other benefits Also, to continue active employment and accumulate a deferred receipt of the service retirement Mr. President: I am instructed by the House of allowance. No one shall participate in the DROP Representatives to inform the Senate that the House for a period exceeding five years. has taken up and passed HCS for SB 196, entitled: 2. Any member who has at least twenty years An Act to repeal sections 86.450, 86.457 and of service or has attained the age of fifty-five may 105.691, RSMo Supp. 1998, relating to certain elect in writing before retirement to participate in retirement systems, and to enact in lieu thereof the DROP. A member electing to participate in the three new sections relating to the same subject. DROP shall continue in active employment and With House Amendment No. 1. shall not receive any direct retirement allowance HOUSE AMENDMENT NO. 1 payments or benefits during the period of participation. Amend House Committee Substitute for Senate Bill No. 196, Page 1, In the Title, Line 2, by 3. Upon the start of the participation in the deleting the following: "sections 86.450, 86.457" DROP, the member shall cease to make any and inserting in lieu thereof the following: "section contributions to the system. No contribution shall 86.254, RSMo 1994, and sections 86.251, 86.253, be required by the city into the DROP account. 86.256, 86.260, 86.280, 86.283, 86.287, 86.450, During the period of participation in the DROP, the 86.457, 86.810"; and amount that the member would have received as a service retirement allowance if the member had Further amend said bill, Page 1, In the Title, retired shall be deposited monthly in the member's Line 3, by deleting the word "three" and inserting DROP account which shall be established in the in lieu thereof the word "twelve"; and member's name by the board of trustees. The Further amend said bill, Page 1, Section A, member's service retirement allowance shall not be Line 1, by deleting the following: "Sections adjusted for any cost-of-living increases for any 86.450, 86.457" and inserting in lieu thereof the period prior to the member's retirement. following: "Section 86.254, RSMo 1994, and Cost-of-living increases, if any, for any period sections 86.251, 86.253, 86.256, 86.260, 86.280, following the member's retirement shall be applied 1073 Sixty-fifth Day—Tuesday, May 4, 1999 only to monthly service retirement payments made the amount in the member's DROP account under following retirement. Service earned during the the installment optional payment form, the funds in period of participation in the DROP shall not be the member's DROP account, including any creditable service and shall not be counted in accumulated interest, shall be payable to the determination of any service retirement allowance member's widow; or, if the member is then or widow's or dependents' benefits. unmarried, to the member's dependent children in 4. The member's return of contributions to the equal shares; or, if none, to the member's retirement system shall continue to be paid to the dependent mother or father; or, if none, to the member or the member's widow pursuant to member's designated beneficiary or, if no such sections 86.253 and 86.288, within sixty days after beneficiary is then living, the member's estate. the member's date of retirement and not the date of Payment shall be made within sixty days after the the conclusion of the member's participation in the retirement system is notified of the member's death. DROP, unless such dates are the same. 8. If a member has elected to participate in the 5. A member shall cease participation in the DROP and during such participation period applies DROP upon the earlier of the termination of the for and receives benefits for an accidental disability member's employment as a police officer or at the retirement allowance [under] pursuant to the end of the five-year period commencing on the first provisions of section 86.263, the member shall day of the participation in the DROP. The member forfeit all rights, claims or interest in the member's shall, upon the member's termination of DROP account and the member's benefits shall be employment, elect to receive the amount in the calculated as if the member has continued in member's DROP account, including any accrued employment and had not elected to participate in interest, in one of the following forms of payment: the DROP. Any funds in a DROP account which have been forfeited as provided in this subsection (a) A lump sum payment; or shall become funds of the system. (b) Equal monthly installments over a ten-year 9. A member's DROP account shall earn period. Any interest earned pursuant to this section interest equal to the rate of return earned by the during the installment period shall be paid as soon system's investment portfolio on a market value as reasonably possible after the final monthly basis, including realized and unrealized gains and installment. Either form of payment should begin losses, net of investment expense, as certified by within thirty days after the member's notice to the the system's actuary. As of the first day of each board of trustees that the member has selected a year, beginning with the second fiscal year of particular option. participation, the member's DROP account balance, 6. A member who has elected to participate in determined as of the first day of such year, shall be the DROP may not reenter the system in any credited with interest at the investment rate earned fashion. At the conclusion of the member's by the fund for the prior year. If distribution of the participation in the DROP by reason of the member's DROP account balance is completed expiration of the five-year period, if the member during the year, interest shall be credited, based on does not terminate the member's employment as a the beginning balance for the year, in proportion to police officer in the city for which the retirement the part of the year preceding the date of final system was established pursuant to sections 86.200 distribution. No interest shall be credited on to 86.363, the member shall continue not to have amounts, if any, added to the member's DROP any percentage of the member's salary deducted for account during the year in which the distribution of a contribution nor shall any of the member's the account is completed. employment period count as creditable service. 10. The board of trustees shall not incur any 7. If a member dies prior to termination of liability individually or on behalf of other employment while participating in the DROP or individuals for any act or omission, made in good before the member has received full withdrawal of faith in relation to the DROP or funds of the Journal of the Senate 1074

DROP. 2. If, at any time since first becoming a 11. The DROP established by this section is member of the retirement system, the member has subject to approval by the Internal Revenue served in the armed forces of the United States, in Service. The provisions of the Internal Revenue any war or period of armed hostilities between the Code and regulations promulgated thereunder shall armed forces of the United States and those of a supersede any DROP provision if there is any foreign power, and has subsequently been inconsistency with the Internal Revenue Code or reinstated as a policeman within ninety days after regulation. the member's discharge, the member shall be granted credit for such service as if the member's 12. Upon the receipt by the board of trustees service in the police department of such city had of evidence and proof that the death of a not been interrupted by the member's induction into member resulted from an event occurring while the armed forces of the United States. If earnable the member was in the actual performance of compensation is needed for such period in duty, and if the member is participating in the computation of benefits it shall be calculated on the DROP, the member's widow or, if the member basis of the compensation payable to the officers of is then unmarried, the member's unmarried the member's rank during the period of the dependent children, may elect within thirty days member's absence. after the member's death to have the amount in the member's DROP account paid in the form of 3. The service retirement allowance of each a monthly survivor annuity. Payment of the present and future retired member who retired from survivor annuity shall begin within sixty days service after attaining age fifty-five or after after the election is received. Payment to the completing twenty years of service shall be member's widow shall continue until the increased annually at a rate not to exceed three widow's death; payment to the member's percent as approved by the board of trustees unmarried dependent children shall be made beginning with the first increase in the second while any child qualifies as an unmarried October following the member's retirement and dependent child pursuant to section 86.280. The subsequent increases in each October thereafter, survivor annuity shall be the actuarial provided that each increase is subject to a equivalent of the member's DROP account as of determination by the board of trustees that the the date payment begins. In no event shall the consumer price index (United States City Average total amount paid pursuant to this subsection be Index) as published by the United States less than the member's DROP account balance Department of Labor shows an increase of not less as of the date payment begins. than the approved rate during the latest twelve-month period for which the index is 86.253. 1. Upon retirement for service, a available at the date of determination; and provided member shall receive a service retirement further, that if the increase is in excess of the allowance which shall be equal to a fraction of the approved rate for any year, such excess shall be member's average final compensation multiplied by accumulated as to any retired member and the number of years of the member's creditable increases may be granted in subsequent years service, which fraction for the year of retirement is subject to a maximum of three percent for each full one-fiftieth plus an amount equal to four percent of year from October following the member's the average final compensation for each additional retirement but not to exceed a total percentage year of service after twenty-five years; plus an increase of thirty percent. In no event shall the additional five percent for service after thirty increase described under this subsection be applied years; but no service retirement allowance shall to the amount, if any, paid to a member or widow exceed an amount equal to [seventy] seventy-five of a deceased member for services as a special percent of the average final compensation or the consultant under subsection 5 of this section or, if amount already accrued by the member as of applicable, subsection 6 of this section. If the board August 1, 1979, whichever is greater. of trustees determines that the index has decreased 1075 Sixty-fifth Day—Tuesday, May 4, 1999 for any year, the benefits of any retired member effective August 28, 1993]. This compensation that have been increased shall be decreased but not shall be paid by the retirement system from funds below the member's initial benefit. No annual of the retirement system, and this employment shall increase shall be made of less than one percent and in no way affect any person's eligibility for no decrease of less than three percent except that retirement benefits under this chapter, or in any any decrease may be limited in amount by the way have the effect of reducing retirement benefits, initial benefit. Any annuity or retirement allowance notwithstanding any provisions of law to the paid to a member under this subsection shall be contrary. withdrawn from the police retirement system and 6. The compensation granted retirees and no moneys shall be withdrawn from the general surviving spouses of deceased members under revenue fund of any city governed by sections subsection 5 of this section shall be decreased by 86.200 to 86.363. one hundred fifty dollars per month upon the 4. In addition to any other annuity or retirement issuance of an opinion by the Missouri supreme allowance payable under this section and section court which would result in the state of Missouri 86.250, a member, upon retirement, shall be repaid being obligated or required to pay such additional the total amount of the member's contribution to one hundred fifty dollars per month even though the retirement system, without interest. The board such additional compensation is formally approved shall pay the retired member such total amount of or authorized by the appropriate body of any city the member's contribution to the retirement system governed by sections 86.200 to 86.363. within sixty days after such retired member's date 86.254. 1. Beginning July 1, 1994, in addition of retirement. Any annuity or retirement allowance to any other annuity, benefits, or retirement repaid to a member under this subsection shall be allowance provided pursuant to sections 86.200 to withdrawn from the police retirement system and 86.363, each present and future retired member no moneys shall be withdrawn from the general after attaining the age of sixty years shall, upon revenue fund of any city governed by sections application to the board of trustees, be made, 86.200 to 86.363. constituted, appointed and employed by the board 5. Any person who is receiving retirement of trustees as an advisor on the problems of benefits from the retirement system, upon retirement, aging and other matters, for the application to the board of trustees, shall be made, remainder of [his] the retired member's life, and constituted, appointed and employed by the board upon request of the board of trustees shall give of trustees as a special consultant on the problems opinions in writing or orally in response to such of retirement, aging and other matters, for the requests as may be required. remainder of the person's life, and upon request of 2. For the performance of duties required in the board of trustees shall give opinions and be subsection 1 of this section, each retired member available to give opinions in writing or orally, in employed as an advisor by the board of trustees response to such requests, as may be required. For shall be compensated monthly in an amount of ten such services he or she shall be compensated dollars per month multiplied by the number of monthly, in an amount which, when added to any years the retired member is past the age of sixty monthly retirement benefits being received from years. The compensation provided by this the retirement system, shall, unless the provisions subsection shall be adjusted annually. No funding of subsection 6 of this section apply, total [five] six shall be required prior to the effective date of this hundred fifty dollars a month[, effective August 28, benefit. 1993]; except that a surviving spouse of a deceased member who is employed as a special consultant 3. Beginning October 1, 1999, in addition to shall, unless the provisions of subsection 6 of this any other benefit provided to any widow section apply, receive compensation for the pursuant to sections 86.200 to 86.363, each person's services as a special consultant of not less present and future widow of a member after than [five] six hundred fifty dollars a month[, attaining the age of sixty years shall upon Journal of the Senate 1076 application to the board of trustees, be made, member's annual benefit under the plan established constituted, appointed and employed by the pursuant to sections 86.200 to 86.363, shall be board of trustees as an advisor on the problems reduced to the extent necessary to satisfy such of retirement, aging and other matters for the limitations. remainder of the widow's life, and upon request 4. For purposes of this section, section 415 of of the board of trustees shall give opinions in the Internal Revenue Code, including the special writing or orally in response to such requests as rules under section 415(b) applicable to may be required. governmental plans and qualified participants in 4. For the performance of duties required in police and fire department plans, is incorporated in subsection 3 of this section, each widow of a this section by reference. member employed as an advisor by the board of 86.260. 1. Upon retirement for ordinary trustees shall be compensated monthly in an disability a member shall receive a service amount of ten dollars per month multiplied by retirement allowance if the member has attained the the number of years the widow is past the age of age of fifty-five or completed twenty years of sixty years. The compensation provided by this service; otherwise the member shall receive an subsection shall be adjusted annually. ordinary disability retirement allowance which 86.256. 1. In no event shall a member's annual shall be equal to ninety percent of the member's benefit paid under the plan established pursuant to accrued service retirement in section 86.253, but sections 86.200 to 86.363, exceed the [lesser of: not less than one-fourth of the member's average (1) The] amount specified in section 415(b) of final compensation; provided, however, that no the Internal Revenue Code, as adjusted for any such allowance shall exceed ninety percent of the applicable increases in the cost of living, as in member's accrued service retirement benefit based effect on the last day of the plan year, including on continuation of the member's service to the age any increases after the member's termination of set out in section 86.250. employment[; or 2. Effective October 1, 1999, the ordinary (2) One hundred percent of the average taxable disability retirement allowance will be increased by compensation of the member for the member's high [ten] fifteen percent of the member's average final three consecutive calendar years as provided in compensation for each unmarried dependent child section 415(b) of the Internal Revenue Code, of the disabled member who is under the age of including any cost-of-living increases after the eighteen, or who, regardless of age, is totally and member's termination of employment]. permanently mentally or physically disabled and incapacitated from engaging in gainful occupation 2. In no event shall the annual additions to the sufficient to support himself or herself, but not in plan established pursuant to sections 86.200 to excess of a total of three children; provided, 86.363, on behalf of the member, including the however, that the combined benefit shall not member's own contributions, exceed the lesser of: exceed [fifty-five] seventy percent of such average (1) Twenty-five percent of the member's final compensation. compensation, as defined for purposes of section 3. Any member receiving benefits pursuant 415(c) of the Internal Revenue Code; or to the provisions of this section immediately (2) Thirty thousand dollars, as adjusted for prior to October 1, 1999, shall upon application increases in the cost of living. to the board of trustees, be made, constituted, appointed and employed by the board of 3. Effective for limitation years beginning trustees as a special consultant on the problems prior to January 1, 2000, in no event shall the of retirement, aging and other matters while the combined plan limitation of section 415(e) of the member is receiving such benefits, and upon Internal Revenue Code be exceeded; provided that, request of the board of trustees shall give if necessary to avoid exceeding such limitation, the opinions in writing or orally in response to such 1077 Sixty-fifth Day—Tuesday, May 4, 1999 requests as may be required. Beginning October of retirement, aging and other matters while the 1, 1999, for such services as may be required, widow or unmarried dependent child is there shall be payable an additional monthly receiving such benefits, and upon request of the compensation of one hundred dollars or five board of trustees shall give opinions in writing percent of the member's average final or orally in response to such requests as may be compensation, whichever is greater, for each required. Beginning October 1, 1999, for such unmarried dependent child of the member, but services as may be required, the widow shall not in excess of a total of three children. receive additional monthly compensation in an 4. Any benefit payable to or for the benefit of a amount equal to fifteen percent of the deceased child or children under the age of eighteen years member's final average compensation, and there [under] pursuant to the provisions of [subsection shall be payable an additional monthly 2] subsections 2 and 3 of this section shall compensation of one hundred dollars or five continue to be paid beyond the age of eighteen percent of the member's average final years through the age of twenty-two years in those compensation, whichever is greater, for each cases where the child is a full-time student at a unmarried dependent child of the member, but regularly accredited college, business school, not in excess of a total of three children. The nursing school, school for technical or vocational additional monthly compensation payable to a training, or university, but such extended benefit widow pursuant to this subdivision shall be shall cease whenever the child ceases to be a adjusted for any cost-of-living increases that student. A college or university shall be deemed to apply, pursuant to subdivision (8) of section be regularly accredited which maintains 86.283, to the benefit the widow was receiving membership in good standing in a national or prior to October 1, 1999; regional accrediting agency recognized by any state (3) If no widow benefits are payable [under college or university. subdivision (1)] pursuant to subdivisions (1) and 86.280. Upon the receipt of proper proofs of the (2) of this section, such total pension as would have death of a member in service and provided no other been paid [under subdivision (1)] pursuant to benefits are payable, there shall be paid the subdivisions (1) and (2) of this section had there following benefits: been a widow shall be divided among the unmarried dependent children under age eighteen (1) Effective October 1, 1999, a pension to the and such unmarried dependent children, regardless widow during the person's widowhood of of age, who are totally and permanently mentally or [twenty-five] forty percent of the deceased physically disabled and incapacitated from member's average final compensation plus [ten] engaging in a gainful occupation sufficient to fifteen percent of such compensation to, or for the support themselves. The benefit shall be divided benefit of, each unmarried dependent child of the equally among the eligible dependent children, and deceased member, who is either under the age of the share of a child who is no longer eligible shall eighteen, or who, regardless of age, is totally and be divided equally among the remaining eligible permanently mentally or physically disabled and dependent children; provided that not more than incapacitated from engaging in gainful occupation one-half of the widow's benefit shall be paid for sufficient to support himself or herself, but not in one child; excess of a total of three children; [(3)] (4) If there is no widow or dependent (2) Any widow or unmarried dependent children, the return of accumulated contributions to child receiving benefits pursuant to the the designated beneficiary; provisions of this section immediately prior to October 1, 1999, shall, upon application to the [(4)] (5) No benefits [under] pursuant to this board of trustees, be made, constituted, section shall be paid to a child over eighteen years appointed and employed by the board of of age who is totally and permanently disabled if trustees as a special consultant on the problems such child is a patient or resident of a Journal of the Senate 1078 public-supported institution, nor shall such benefits child receiving benefits pursuant to this section be paid unless such disability occurred prior to immediately prior to October 1, 1999, shall such child reaching the age of eighteen; upon application to the board of trustees, be [(5)] (6) Wherever any dependent child made, constituted, appointed and employed by designated by the board of trustees to receive the board of trustees as a special consultant on benefits [under] pursuant to this section is in the the problems of retirement, aging and other care of the widow of the deceased member, such matters while the widow or unmarried benefits may be paid to such widow for the child; dependent child is receiving such benefits, and upon request of the board of trustees shall give [(6)] (7) Any benefit payable to, or for the opinions in writing or orally in response to such benefit of, a child or children under the age of requests as may be required. Beginning October eighteen years [under] pursuant to subdivisions 1, 1999, for such services as may be required, a (1) [and (2)] to (3) of this section shall continue to widow shall receive additional monthly be paid beyond the age of eighteen years through compensation equal to the amount which when the age of twenty-two years if the child is a added to the benefits the widow was receiving full-time student at a regularly accredited college, pursuant to this section prior to October 1, business school, nursing school, school for 1999, determined without regard to any increase technical or vocational training, or university, but applied to such benefits prior to October 1, such extended benefit shall cease whenever the 1999, pursuant to subdivision (8) of this section, child ceases to be a student. A college or university will increase the widow's total monthly payment shall be deemed to be regularly accredited which pursuant to this section to forty percent of the maintains membership in good standing in a deceased member's final average compensation, national or regional accrediting agency recognized and there shall be payable an additional by any state college or university. monthly compensation of one hundred dollars 86.283. Upon receipt of proper proofs of the or five percent of the member's average final death of a retired member who retired while in compensation, whichever is greater, for each service, including retirement for service, ordinary unmarried dependent child of the member, but disability or accidental disability, and provided no not in excess of a total of three children. The other benefits are payable, there shall be paid the additional monthly compensation payable to a following benefits: widow pursuant to this subdivision shall be adjusted for any cost-of-living increases that (1) Effective October 1, 1999, a pension to the apply to the benefit the widow was receiving widow during the person's widowhood of prior to October 1, 1999; [twenty-five] forty percent of the deceased member's average final compensation plus [ten] (3) If no widow benefits are payable [under fifteen percent of such compensation to, or for the subdivision (1)] pursuant to subdivisions (1) and benefit of, each unmarried dependent child of the (2) of this section, such total pension as would have deceased member, who is either under the age been paid [under subdivision (1)] pursuant to eighteen, or who, regardless of age, is totally and subdivisions (1) and (2) of this section had there permanently mentally or physically disabled and been a widow, determined without regard to any incapacitated from engaging in a gainful increase which would have applied to the occupation sufficient to support himself or herself, widow's benefits pursuant to subdivision (8) of but not in excess of three children; [provided, this section, shall be divided among the unmarried however, that a widow of a member who retired dependent children under age eighteen and prior to October 13, 1967, fixing the twenty-five unmarried dependent children, regardless of age, percent benefit shall receive a fifteen percent who are totally and permanently mentally or benefit in lieu thereof;] physically disabled and incapacitated from engaging in a gainful occupation sufficient to (2) Any widow or unmarried dependent support themselves. The benefit shall be divided 1079 Sixty-fifth Day—Tuesday, May 4, 1999 equally among the eligible dependent children, and membership in good standing in a national or the share of a child who is no longer eligible shall regional accrediting agency recognized by any state be divided equally among the remaining eligible college or university; dependent children; provided that not more than (8) The benefits payable [under] pursuant to one-half of the widow's benefits shall be paid for this section to the widow of a retired member who one child; received or was entitled to receive a service [(3) In the event of a member's retirement from retirement allowance or the widow of a member service prior to age fifty-five or prior to completion who died in service after attaining the age of of twenty years of service, the only benefit in fifty-five or completing twenty years of service addition to the member's service allowance shall be shall be increased in the same percentages and a pension to the member's widow of thirty percent pursuant to the same method as is provided in of such deceased retired member's retirement section 86.253 for adjustments in the service benefit which the member was receiving or which retirement allowance of a retired member. the member would have received on attaining age 86.287. Upon the receipt by the board of fifty-five and which such widow shall receive until trustees of evidence and proof that the death of a such person's death or remarriage;] member was the natural and proximate result of an (4) No benefits [under] pursuant to this accident occurring at some definite time and place section shall be paid to a child over eighteen years while the member was in the actual performance of of age who is totally and permanently disabled if duty and not caused by negligence on the part of such child is a patient or resident of a the member, there shall be paid in lieu of all other public-supported institution, nor shall such benefits benefits the following benefits: be paid unless such disability occurred prior to (1) Effective October 1, 1999, a pension to such child reaching the age of eighteen; the widow during the person's widowhood of [fifty] (5) Whenever any dependent child designated seventy-five percent of the deceased member's by the board of trustees to receive benefits [under] average final compensation plus [ten] fifteen pursuant to this section is in the care of the widow percent of such compensation to, or for the benefit of the deceased member, such benefits may be paid of, each unmarried dependent child of the deceased to such widow for the child; member, who is either under the age of eighteen, or (6) In the event of the death of a retired member who, regardless of age, is totally and permanently receiving accidental disability benefits before such disabled and incapacitated from engaging in a benefits have been paid for five years, the gainful occupation sufficient to support himself or member's widow during the person's widowhood herself, but not in excess of three children; shall receive an additional pension of ten percent of (2) Any widow or unmarried dependent the deceased member's final average compensation; child receiving benefits pursuant to this section (7) Any benefit payable to, or for the benefit of, immediately prior to October 1, 1999, shall a child or children under the age of eighteen years upon application to the board of trustees, be [under] pursuant to subdivisions (1) [and (2)] to made, constituted, appointed and employed by (3) of this section shall continue to be paid beyond the board of trustees as a special consultant on the age of eighteen years through the age of the problems of retirement, aging and other twenty-two years if the child is a full-time student matters while the widow or unmarried at a regularly accredited college, business school, dependent child is receiving such benefits, and nursing school, school for technical or vocational upon request of the board of trustees shall give training, or university, but such extended benefit opinions in writing or orally in response to such shall cease whenever the child ceases to be a requests as may be required. Beginning October student. A college or university shall be deemed to 1, 1999, for such services as may be required, a be regularly accredited which maintains widow shall receive additional monthly compensation equal to the amount which when Journal of the Senate 1080 added to the benefits the widow was receiving [(6)] (7) Any benefit payable to, or for the pursuant to this section prior to October 1, benefit of, a child or children under the age of 1999, will increase the widow's total monthly eighteen years [under] pursuant to subdivisions benefit payment pursuant to this section to (1) [and (2)] to (3) of this section shall continue to seventy-five percent of the deceased member's be paid beyond the age of eighteen years through average final compensation, and there shall be the age of twenty-two years in those cases where payable an additional monthly compensation of the child is a full-time student at a regularly one hundred dollars or five percent of the accredited college, business school, nursing school, member's average final compensation, school for technical or vocational training, or whichever is greater, for each unmarried university, but such extended benefit shall cease dependent child of the member, but not in whenever the child ceases to be a student. A excess of a total of three children; college or university shall be deemed to be (3) If no widow benefits are payable [under regularly accredited which maintains membership subdivision (1)] pursuant to subdivisions (1) and in good standing in a national or regional (2) of this section, such total pension as would have accrediting agency recognized by any state college been paid [under subdivision (1)] pursuant to or university."; and subdivisions (1) and (2) of this section had there Further amend said bill, Page 3, Section been a widow, shall be divided among the 86.457, Line 30, by inserting after all of said line unmarried dependent children under age eighteen the following: and such unmarried dependent children, regardless "86.810. The provisions of any other law of age, who are totally and permanently disabled notwithstanding, the board of trustees of any and incapacitated from engaging in a gainful retirement system, the provisions of which are occupation sufficient to support themselves. The governed by this chapter, or any political benefit shall be divided equally among the eligible subdivision which funds such retirement system, dependent children, and the share of a child who is shall have standing to seek a declaratory judgment no longer eligible shall be divided equally among concerning the application of article X, section 21 the remaining eligible dependent children; provided of the Missouri Constitution to the provisions of that not more than one-half of the widow's benefit this [act] chapter. In the event a final judgment is shall be paid for one child; rendered by a court which judgment determines [(3)] (4) If there is no widow or unmarried that any provision of this [act] chapter constitutes dependent children of either class mentioned in a new activity or service or increase in the level of subdivision [(2)] (3) of this section, then an amount an activity or service beyond that required by equal to the widow's benefit shall be paid to the existing law under article X, section 21 of the member's dependent father or dependent mother to Missouri Constitution, or any successor to that continue until remarriage or death; section, that provision of this [act] chapter shall be [(4)] (5) No benefits [under] pursuant to this void ab initio and any new benefit or feature section shall be paid to a child over eighteen years required by such provision of this [act] chapter of age who is totally and permanently disabled if shall be deemed not to have accrued and shall not such child is a patient or resident of a be payable to members.". public-supported institution, nor shall such benefits In which the concurrence of the Senate is be paid unless such disability occurred prior to respectfully requested. such child reaching the age of eighteen; HOUSE BILLS ON THIRD READING [(5)] (6) Wherever any dependent child designated by the board of trustees to receive Senator House moved that HS for HCS for benefits [under] pursuant to this section is in the HBs 427, 40, 196 and 404, with SCS, SS No. 2 for care of the widow of the deceased member, such SCS, SA 15 and SSA 1 for SA 15 (pending), be benefits may be paid to such widow for the child; called from the Informal Calendar and again taken 1081 Sixty-fifth Day—Tuesday, May 4, 1999 up for 3rd reading and final passage, which motion Stoll Westfall Wiggins Yeckel&32 prevailed. & SSA 1 for SA 15 was again taken up. Absent Senators Banks Rohrbach&2 Senator Mathewson assumed the Chair. Senator DePasco requested that a quorum be Absent with leave&Senators&None established by roll call. SSA 1 for SA 15 was again taken up. On roll call the following Senators were Senator Mathewson assumed the Chair. present: Senator Scott assumed the Chair. Present&Senators Senator Jacob requested a quorum be Bentley Bland Caskey Childers DePasco Ehlmann Flotron Goode established by roll call. Graves House Howard Jacob On roll call the following Senators were Johnson Kenney Kinder Klarich present: Mathewson Maxwell Mueller Quick Present&Senators Rohrbach Russell Schneider Scott Bentley Bland Caskey Childers Sims Singleton Staples Steelman Clay DePasco Ehlmann Flotron Stoll Westfall Wiggins Yeckel&32 Goode Graves House Howard Jacob Johnson Kenney Kinder Absent&Senators Klarich Mathewson Maxwell Mueller Banks Clay&2 Quick Rohrbach Russell Schneider Scott Sims Singleton Steelman Absent with leave&Senators&None Stoll Westfall Wiggins Yeckel&32 Senator Flotron moved that the back gallery be considered a part of the Senate Chamber for the Absent&Senators next 30 minutes for purposes of establishing a Banks Staples&2 quorum, which motion prevailed. Absent with leave&Senators&None Senator Johnson assumed the Chair. Senator Goode requested of Senator Klarich raised the point of order that the Senate to allow the Appropriations Committee a Senator loses the floor if he is not present when a to meet in the Senate Lounge while the Senate is in quorum is established. session, which request was granted. The point of order was referred to the President Pro Tem Quick assumed the Chair. President Pro Tem, who ruled it well taken. Senator Maxwell requested a quorum be President Pro Tem Quick assumed the Chair. established by roll call. Senator Jacob moved that SSA 1 for SA 15 be On roll call the following Senators were adopted. present: Senator Maxwell requested a roll call vote be Present&Senators taken on the adoption of SSA 1 for SA 15 and was Bentley Bland Caskey Childers joined in his request by Senators Kinder, Klarich, Clay DePasco Ehlmann Flotron Sims and Staples. Goode Graves House Howard Jacob Johnson Kenney Kinder SSA 1 for SA 15 failed of adoption by the Klarich Mathewson Maxwell Mueller following vote: Quick Russell Schneider Scott Sims Singleton Staples Steelman YEAS&Senators Journal of the Senate 1082

Bland Caskey Clay Goode SENATE COMMITTEE SUBSTITUTE FOR Howard Jacob Mathewson Maxwell HOUSE SUBSTITUTE FOR Quick Sims Staples&11 HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILLS NOS. 427, 40, 196 and 404 NAYS&Senators An Act to amend chapter 565, RSMo, relating Bentley Childers DePasco Ehlmann to offenses against the person by adding thereto Flotron Graves House Johnson Kenney Kinder Klarich Mueller one new section relating to infanticide, with a Rohrbach Russell Schneider Scott penalty provision. Singleton Steelman Stoll Westfall Senator House moved that SS No. 3 for SCS Wiggins Yeckel&22 for HS for HCS for HBs 427, 40, 196 and 404 be adopted and requested a roll call vote be taken. He Absent&Senator Banks&1 was joined in his request by Senators Childers, Klarich, Wiggins and Kinder. Absent with leave&Senators&None SS No. 3 for SCS for HS for HCS for SA 15 was again taken up. HBs 427, 40, 196 and 404 was adopted by the Senator Clay moved that the above amendment following vote: be adopted. YEAS&Senators Senator Klarich requested that a roll call vote Bentley Caskey Childers DePasco be taken on the adoption of SA 15 and was joined Ehlmann Flotron Graves House in his request by Senators Childers, Kenney, Howard Johnson Kenney Kinder Kinder and Sims. Klarich Mathewson Mueller Rohrbach Russell Schneider Scott Sims SA 15 failed of adoption by the following vote: Singleton Staples Steelman Stoll & YEAS&Senators Westfall Wiggins Yeckel 27 Bland Caskey Clay Goode & Howard Jacob Maxwell Quick NAYS Senators Staples&9 Bland Clay Goode Jacob Maxwell Quick&6 NAYS&Senators & & Bentley Childers DePasco Ehlmann Absent Senator Banks 1 Flotron Graves House Johnson & & Kenney Kinder Klarich Mathewson Absent with leave Senators None Mueller Rohrbach Russell Schneider Scott Sims Singleton Steelman On motion of Senator House, SS No. 3 for Stoll Westfall Wiggins Yeckel&24 SCS for HS for HCS for HBs 427, 40, 196 and 404 was read the 3rd time and passed by the Absent&Senator Banks&1 following vote: YEAS&Senators Absent with leave&Senators&None Bentley Caskey Childers DePasco At the request of Senator House, SS No. 2 for Ehlmann Flotron Graves House SCS for HS for HCS for HBs 427, 40, 196 and Howard Johnson Kenney Kinder 404, as amended, was withdrawn. Klarich Mathewson Mueller Rohrbach Russell Schneider Scott Sims Senator House offered SS No. 3 for SCS for Singleton Staples Steelman Stoll HS for HCS for HBs 427, 40, 196 and 404, Westfall Wiggins Yeckel&27 entitled: SENATE SUBSTITUTE NO. 3 FOR NAYS&Senators 1083 Sixty-fifth Day—Tuesday, May 4, 1999

Bland Clay Goode Jacob Senator Mueller introduced to the Senate, Maxwell Quick&6 members of the Kirkwood Chamber of Commerce.

Absent&Senator Banks&1 Senator House introduced to the Senate, twenty seventh grade students from Holy Rosary Absent with leave&Senators&None School, Warrenton. The President Pro Tem declared the bill passed. Senator Ehlmann introduced to the Senate, St. Charles County Executive Joe Ortwerth, On motion of Senator House, title to the bill St. Charles. was agreed to. Senator House moved that the vote by which Senator Sims introduced to the Senate, the the bill passed be reconsidered. Physician of the Day, Dr. Joseph Hanaway, M.D., St. Louis. Senator DePasco moved that motion lay on the table, which motion prevailed. Senator Steelman introduced to the Senate, first and second grade students from St. George INTRODUCTIONS OF GUESTS School, Linn. Senator Bentley introduced to the Senate, Andy Senator Mathewson introduced to the Senate, Rice, Patty Buckmaster and Jeff Whitesell, Ellen L. Hughes-Cromwick, Ph.D., Dearborn, Springfield; and Andy was made an honorary page. Michigan. Senator Flotron introduced to the Senate, fifty- On motion of Senator DePasco, the Senate eight fourth grade students from Kirk of the Hills adjourned until 9:30 a.m., Wednesday, May 5, Day School, St. Louis. 1999.

SENATE CALENDAR ______

SIXTY-SIXTH DAY%WEDNESDAY, MAY 5, 1999 ______

FORMAL CALENDAR

THIRD READING OF SENATE BILLS

SB 472-House SS for SCS for SBs 347, SCS for SB 440- 40, 241 & 301-House Schneider SS for SCS for SBs 75, (In Budget Control) 381 & 204-Wiggins

SENATE BILLS FOR PERFECTION

1. SB 274-House, et al, 2. SBs 18, 49 & 167- with SCS Goode, et al, with SCS Journal of the Senate 1084

3. SBs 398 & 376-Maxwell, 8. SJR 29-Caskey with SCS 9. SB 16-Mathewson, 4. SB 507-Childers et al, with SCA 1 5. SB 413-Johnson, et al 10. SB 52-Klarich and 6. SJR 16-Schneider, Flotron with SCS 11. SB 236-Stoll 7. SB 98-Kenney 12. SB 447-Stoll

HOUSE BILLS ON THIRD READING

1. HCS for HB 676, with 13. HS for HCS for HBs 246 & SCS (Stoll) 405-Bray, with SCS (Clay) (In Budget Control) (In Budget Control) 2. HS for HB 516-Gaw, 14. HB 541-Kreider, et al with SCS (Jacob) (Mathewson) 3. HCS for HB 139, with 15. HCS for HB 889 SCS (Russell) (In Budget Control) 4. HB 401-Barry, et al, 16. HCS for HBs 603, 722 with SCS (Caskey) & 783, with SCS (Goode) 5. HCS for HB 490 & HCS (In Budget Control) for HB 308, with SCS (Sims) 17. HCS for HB 780, with 6. HB 542-Barry, with SCS (Stoll) SCS (House) 18. HS for HCS for HB 793- 7. HB 191-Dougherty, et al, Treadway, with SCS with SCS (Maxwell) (Mathewson) 8. HCS for HB 267, with 19. HB 368-Murray and Franklin, SCS (Scott) with SCS (Goode) (In Budget Control) 20. HB 64-Long (Russell) 9. HS for HCS for HB 852- 21. HS for HCS for HB 822- Hosmer, with SCS Liese, with SCS (Clay) (Caskey) (In Budget Control) (In Budget Control) 22. HCS for HBs 321 & 493, 10. HS for HCS for HB 701- with SCAs 1 & 2 (Jacob) Rizzo, with SCS 23. HCS for HB 13, with (Mathewson) SCS (Goode) 11. HCS for HB 60, with 24. HB 15-Franklin, with SCS (Staples) SCA 1 (Goode) 12. HCS for HBs 316, 660 25. HB 16-Franklin, with & 203, with SCS SCA 1 (Goode) (Howard) 1085 Sixty-fifth Day—Tuesday, May 4, 1999

INFORMAL CALENDAR

THIRD READING OF SENATE BILLS

SCS for SB 425-Stoll, et al

SENATE BILLS FOR PERFECTION

SB 5-Wiggins, with SS, SB 318-Jacob, et al, with SA 2 & point of order SCS & SS for SCS (pending) (pending) SB 30-Howard, with SCS SB 336-Caskey, with SS#2 (pending) (pending) SB 78-Russell, with SA 4 SB 339-Howard and Sims, (pending) with SCS & SS#2 for SB 97-Maxwell and Sims SCS (pending) SB 179-Goode, with SA 3 & SB 345-Johnson, with SS SSA 1 for SA 3 (pending) (pending) SB 203-Wiggins SB 397-Maxwell, with SCS SB 208-House, with SCS & SB 417-Quick, with SS#2 & SS for SCS (pending) SA 1 (pending) SB 235-Stoll, with SS & SBs 429, 430 & 407-Jacob, SA 2 (pending) with SCS & SA 2 (pending) SB 316-Schneider and Ehlmann

HOUSE BILLS ON THIRD READING

HB 65-O'Toole and May HS for HCS for HB 618- (108th), with SCS (Scott) Harlan, with SCS, SS HS for HB 162-Luetkenhaus (House) for SCS & SA 6 HCS for HB 343, with SCS (pending) (Maxwell) (pending) (Caskey) HB 779-Skaggs, with SCS HCS for HB 349, with SCS (Quick) & SS for SCS (pending) (Clay) HCS for HB 888, with SCS HS for HB 450-Relford, (Mathewson) with SCS (Maxwell) HJR 5-Barry, et al, with HB 468-Koller, with SCS SCA 1 & SSA 1 for (pending) (Staples) SCA 1 (pending) (Stoll) Journal of the Senate 1086

CONSENT CALENDAR

House Bills

Reported 4/13

HB 775-Hosmer, with SCS (Bentley)

Reported 4/14

HB 680-Leake, et al, with HB 926-Liese and Ward SCA 1 (Stoll) (Jacob) HB 903-Auer (Jacob)

Reported 4/15

HB 812-Berkowitz, et al, HB 399-Bray (Wiggins) with SCS (Maxwell) HB 472-Nordwald (House) HB 988-Backer (Wiggins)

SENATE BILLS WITH HOUSE AMENDMENTS

SCS for SBs 8 & 173-Banks, SS#2 for SB 288-Quick, with HS for HCS, as amended with HCS, as amended SCS for SBs 31 & 285-Howard, SB 294-Staples, with HA 1, with HCS, as amended HA 2, HA 3, HA 4, SB 33-Johnson, with HCS, HA 6 & HA 7 as amended SB 310-Maxwell, with HS, SB 76-Banks, with HA 1, as amended HA 2, HA 3 & HA 4 SCS for SB 405-Scott, et al, SB 115-Russell, with HCA 1 with HCS, as amended SB 196-DePasco, with HCS, SS for SCS for SB 467- as amended Caskey, with HA 1 & HA 2 1087 Sixty-fifth Day—Tuesday, May 4, 1999

BILLS IN CONFERENCE AND BILLS CARRYING REQUEST MESSAGES

In Conference

SB 219-Caskey, with HCS, HCS for HB 7, with SCS as amended (Goode) SB 291-Caskey, with HS HCS for HB 8, with SCS for HCS, as amended (Goode) (House requests HCS for HB 9, with SCS further conference) (Goode) SCS for SB 436-Quick, HCS for HB 10, with SCS, with HS for HCS, as as amended (Goode) amended HCS for HB 11, with SCS, HCS for HB 2, with SCS as amended (Goode) (Goode) HCS for HB 12, with SCS HCS for HB 3, with SCS (Goode) (Goode) HCS for HB 348, with SCS HCS for HB 4, with SCS, (Caskey) as amended (Goode) (House adopted CCR HCS for HB 5, with SCS, and passed CCS) as amended (Goode) HB 789-Berkstresser and HCS for HB 6, with SCS, Bartelsmeyer, with SCS as amended (Goode) (Childers)

Requests to Recede or Grant Conference

HCS for HCRs 6 & 7 (Staples), with SA 1, as amended & SA 2 (Senate refuses to recede and requests House grant conference)

RESOLUTIONS

SR 359-Ehlmann SCR 5-Caskey, with HCS, SCR 9-Mueller as amended SCR 14-Quick, with HCA 1 SCR 1-Clay, with HA 1 SCR 13-Stoll, with HA 1 Journal of the Senate 1088

To be Referred

HCR 37-Skaggs

Reported from Committee

HCR 21-Kissell & Kelly HCR 30-Clayton, with SCS (27th), with SCS (DePasco) (Wiggins) HCR 17-Barnett (Graves) HCS for HCRs 24 & 15, HCR 16-Leake, with SCS with SCS (Johnson) SR 588-Sims HCS for HCR 29, with SCS (Howard)

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