Journal of the Senate

SECOND REGULAR SESSION


TWENTY-SIXTH DAY--THURSDAY, FEBRUARY 15, 1996


     The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, it does matter to us what people say about us. It matters more what we think about ourselves. Help us in all of our activities to behave in a manner for which we would be proud. Help us also to be pleasing in Your eyes. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

Present--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesTrepplerWestfallWiggins--32
Absent with leave--Senators
ClayScott--2
The Lieutenant Governor was present.
     President Wilson assumed the Chair.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 846, regarding Charles Dick, which was adopted.

     Senator Moseley and Senator Singleton offered Senate Resolution No. 847, regarding Dr. Hugh Edward Stephenson, which was adopted.

     Senators Wiggins, DePasco, Johnson, Quick, Mathewson, Scott, Clay, Banks, Goode, Schneider, Lybyer, Treppler, Caskey, Kenney, Singleton, Russell, Staples, Melton, McKenna, Mueller, Moseley, Howard and Rohrbach offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 848

     WHEREAS, the Members of the Missouri Senate are deeply saddened to learn of the death of the Honorable Leon Brownfield, distinguished Kansas citian; and

     WHEREAS, Mr. Brownfield, a native of greater Kansas City served with distinction for many years as a member of the City Council of Kansas City, served as Jackson County Director of Administration and Director of Governmental Affairs for Jackson County; and

     WHEREAS, Mr. Brownfield had been the owner for many years of the U-Smile Stadium Inc., headquarters for numerous civic galas and political events, was a member of the Mid-America Regional Council, was formerly President of the Union National Bank and a Director of the Southeast State Bank; and

     WHEREAS, Mr. Brownfield was on the steering committee for the Truman Sports Complex, was an original member of the Kansas City Chiefs Red Coaters and the Royal Lancers, was a member of the Ararat Shrine and the Royal Order of the Jesters, and a member of the Saddle and Sirloin Club; and

     WHEREAS, Mr. Brownfield graduated from Southeast High School and Kansas City Junior College, attended the University of Missouri - Columbia, and was a member of the Phi Delta Theta Fraternity; and

     WHEREAS, Mr. Brownfield had served his country in the armed forces and was a veteran of the U.S. Navy Air Corps;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of the Honorable Leon Brownfield, distinguished Kansas City civic leader, political strategist and sports figure, express their appreciation for his lifetime of good citizenship and his contributions to Kansas City, Jackson County, and Missouri, and extend to his family and many friends most sincere sympathy on his death;

     BE IT FURTHER RESOLVED that the Secretary of the Senate prepare properly inscribed copies of this resolution for Mayor Emmanuel Cleaver and members of the Kansas City Council, the Honorable Kathryn Shields and Jackson County Legislature, Kansas City Chiefs, Kansas City Royals, Jackson County Sports Authority, and daughters: Mary Edwards, Theresa Kreuzkamp, Ann Meara, and stepson Rod Fensom.

     Senators Ehlmann and House offered Senate Resolution No. 849, regarding Mr. Eugene F. "Gene" Wilson, St. Charles, which was adopted.

INTRODUCTION OF BILLS

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 915--By Westfall and Kinder.

     An Act to repeal sections 137.035, 137.073, 144.020, 144.021, 144.440, 144.700, 144.701, 151.140, 151.150, 151.160, 163.011, 163.021, 163.022, 163.023, 163.031, 163.032, 164.013, 164.021, 164.031, 164.041, 164.071, 164.073 and 177.088, RSMo 1994, and sections 163.087, 164.011 and 165.011, RSMo Supp. 1995, relating to funding for public schools, and to enact in lieu thereof seventeen new sections relating to the same subject, with a referendum clause.

     SB 916--By Bentley.

     An Act to repeal section 197.254, RSMo 1994, relating to hospice facilities, and to enact in lieu thereof one new section relating to the same subject.

     SB 917--By Bentley and McKenna.

     An Act to repeal sections 190.015, 190.055, 190.060, 190.073, 190.093, 190.095, 190.100, 190.105, 190.110, 190.115, 190.120, 190.125, 190.130, 190.135, 190.140, 190.141, 190.145, 190.150, 190.155, 190.160, 190.165, 190.171, 190.175, 190.180, 190.190, 190.235, 190.237, 190.239, 190.241, 190.243, 190.245 and 190.247, RSMo 1994, and section 190.185, RSMo Supp. 1995, relating to emergency services, and to enact in lieu thereof twenty-nine new sections relating to the same subject, with penalty provisions.

     SB 918--By McKenna and Flotron.

     An Act to repeal sections 376.426 and 376.892, RSMo 1994, relating to the delivery of health care, and to enact in lieu thereof four new sections relating to the same subject.

     SB 919--By Ehlmann.

     An Act to repeal sections 211.023, 476.450 and 476.520, RSMo 1994, and section 476.515, RSMo Supp. 1995, relating to the retirement of judges, and to enact in lieu thereof four new sections relating to the same subject.

     Senator Quick assumed the Chair.

THIRD READING OF SENATE BILLS

     SB 710, introduced by Senator Maxwell, entitled:

     An Act to repeal section 208.010, RSMo 1994, relating to public assistance benefits, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Maxwell, SB 710 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senator Rohrbach--1
Absent--Senators
JohnsonKenney--2
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS No. 2 for SS for HB 1047, as amended, and requests the Senate to recede from its position or failing to do so grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1014 and has again taken up and passed SCS for HB 1014, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1208, entitled:

     An Act to amend chapter 105, RSMo, relating to state employees by adding thereto one new section for the purpose of establishing a state employees flexible benefit program.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1146, entitled:

     An Act to repeal sections 36.030, 36.031, 36.040, 36.050, 36.100, 36.110, 36.120, 36.140, 36.170, 36.180, 36.190, 36.210, 36.240, 36.250, 36.260, 36.280, 36.300, 36.320, 36.330, 36.360, 36.390 and 36.510, RSMo 1994, and section 36.020, RSMo Supp. 1995, relating to the state personnel law, and to enact in lieu thereof twenty-three new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 575, entitled:

     An Act to repeal section 197.318, RSMo 1994, relating to certificate of need, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1098, entitled:

     An Act to repeal section 32.057, RSMo 1994, relating to taxation, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

PRIVILEGED MOTIONS

     Senator Staples moved that the Senate refuse to recede from its position on SS No. 2 for SS for HB 1047, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS No. 2 for SS for HB 1047, as amended: Senators Staples, McKenna, Caskey, Sims and Treppler.

THIRD READING OF SENATE BILLS

     SB 565, introduced by Senator Treppler, entitled:

     An Act to repeal sections 292.630 and 701.450, RSMo Supp. 1995, relating to certain public facilities, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Treppler, SB 565 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRohrbachRussellSchneider
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
JohnsonKenney--2
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 582, introduced by Senator Sims, entitled:

     An Act to repeal sections 209.150 and 304.080, RSMo 1994, relating to certain persons with disabilities, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Sims, SB 582 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator Kenney--1
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 730, introduced by Senator Mathewson, entitled:

     An Act to repeal section 287.380, RSMo 1994, relating to workers' compensation and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Mathewson, SB 730 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator Kenney--1
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

     Senator McKenna moved that SB 575, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 575, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 575

     An Act to repeal section 197.318, RSMo 1994, relating to certificate of need, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was taken up.

     Senator McKenna moved that HCS for SB 575 be adopted, which motion prevailed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator Kenney--1
Absent with leave--Senators
ClayScott--2
     On motion of Senator McKenna, HCS for SB 575 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator Kenney--1
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator Kenney--1
Absent with leave--Senators
ClayScott--2
     On motion of Senator McKenna, title to the bill was agreed to.

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

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

     Bill ordered enrolled.

THIRD READING OF SENATE BILLS

     SB 733, with SCA 1, introduced by Senator Mathewson, entitled:

     An Act to repeal section 287.061, RSMo 1994, relating to workers' compensation and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator Mathewson, SB 733, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senator Kenney--1
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 668, with SCS, introduced by Senator Melton, entitled:

     An Act to repeal section 302.225, RSMo 1994, relating to certain traffic violations, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 668, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 668

     An Act to repeal sections 302.225 and 302.306, RSMo 1994, relating to certain traffic violations, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     Senator Melton moved that SCS for SB 668 be adopted, which motion prevailed.

     On motion of Senator Melton, SCS for SB 668 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRohrbachRussellSchneider
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
JohnsonKenney--2
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 721, introduced by Senator Moseley, entitled:

     An Act to repeal section 217.364, RSMo 1994, relating to an offenders treatment program, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Moseley, SB 721 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRohrbachRussellSchneider
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
JohnsonKenney--2
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 728, introduced by Senators Ehlmann and House, entitled:

     An Act to repeal section 210.861, RSMo Supp. 1995, relating to the community services children's fund, and to enact one new section relating to the same subject.

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

     On motion of Senator Ehlmann, SB 728 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRohrbachRussellSchneider
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
JohnsonKenney--2
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 605, introduced by Senator Caskey, entitled:

     An Act to repeal section 177.086, RSMo 1994, relating to bidding for school construction, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Caskey, SB 605 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRohrbachRussellSchneider
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
JohnsonKenney--2
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 693, introduced by Senator Moseley, entitled:

     An Act to repeal section 58.095, RSMo 1994, relating to county coroners, and to enact one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     Senator Howard assumed the Chair.

     On motion of Senator Moseley, SB 693 was read the 3rd time and passed by the following vote:

Yeas--Senators
BentleyCaskeyDePascoEhlmann
FlotronGoodeGravesHouse
HowardKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--27
Nays--Senators--None
Absent--Senators
BanksCurlsJohnsonKenney
Quick--5
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 665, introduced by Senator Caskey, entitled:

     An Act to repeal section 249.763, RSMo 1994, relating to sewer districts and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Caskey, SB 665 was read the 3rd time and passed by the following vote:

Yeas--Senators
BentleyCaskeyDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerRohrbach
RussellSimsSingletonStaples
TrepplerWestfallWiggins--27
Nays--Senators--None
Absent--Senators
BanksCurlsKenneyQuick
Schneider--5
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 677, with SCS, introduced by Senator Caskey, entitled:

     An Act to repeal section 304.200, RSMo Supp. 1995, relating to special permits for oversize loads, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 677, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 677

     An Act to repeal section 304.200, RSMo 1995, relating to special permits for oversize loads, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Caskey moved that SCS for SB 677 be adopted, which motion prevailed.

     On motion of Senator Caskey, SCS for SB 677 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators--None
Absent--Senators
CurlsKenneyQuick--3
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

     SB 766, introduced by Senator Caskey, entitled:

     An Act to repeal section 267.122, RSMo Supp. 1995, relating to animal health laboratory fees, and enacting one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Caskey, SB 766 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators--None
Absent--Senators
CurlsKenneyQuick--3
Absent with leave--Senators
ClayScott--2
     The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on SS No. 2 for SS for HB 1047, as amended: Representatives: Thomason, Prost, Witt, Ross, Barnett.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 857.

     Emergency clause adopted.

     Bill ordered enrolled.

REFERRALS

     President Pro Tem Mathewson referred SCR 21 to the Committee on Agriculture and Local Government.

HOUSE BILLS ON SECOND READING

     The following Bill was read the 2nd time and referred to the Committee indicated:

     HB 846--Elections, Pensions and Veterans' Affairs.

REPORTS OF STANDING COMMITTEES

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

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

     Carl M. Myers, M.D., F.A.A.F.P., Barry Dean Spoon, D.O., FACEP and Charles Richard Gulick, M.D., as members of the State Board of Registration for the Healing Arts;

     Also,

     Marisa B. Sanchez, as a student representative of the Northwest Missouri State University Board of Regents;

     Also,

     Joey Lyn Coleman, as a student representative of the Central Missouri State University Board of Regents;

     Also,

     Julie A. Chapman, as a student representative of the Missouri Southern State College Board of Regents;

     Also,

     Matthew L. Braun, as a student representative of the Northeast Missouri State University Board of Governors;

     Also,

     Christie L. Johnson, as a student representative of the Southeast Missouri State University Board of Regents;

     Also,

     Troy L. Nash, as a student representative of the University of Missouri Board of Curators;

     Also,

     Kwanza W. Humphrey, as a student representative of the Missouri Western State College Board of Regents;

     Also,

     Richard J. Washington, as a student representative of the Lincoln University Board of Curators;

     Also,

     Elizabeth A. Fleming, as a student representative of the Southwest Missouri State University Board of Regents;

     Also,

     Mary Marjorie Hughes, as a public member, and Kenneth Leslie Bradshaw, DPM, as a member of the State Board of Podiatric Medicine.

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

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

RE-REFERRALS

     President Pro Tem Mathewson re-referred SB 899 to the Committee on Aging, Families and Mental Health.

REPORTS OF STANDING COMMITTEES

     President Pro Tem Mathewson resumed the Chair.

     Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

     Mr. President: Your Committee on Ways and Means, to which was referred SB 654, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 654, Page 1, Section 313.820, Line 2 by inserting immediately after "county" the following: "or a city not within a county".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 654, Page 1, Section 313.820, Line 6 by inserting immediately after the word "city" the following: "with a population in excess of three hundred fifty thousand which is located in more than one county"; and further amend said section, line 12, by inserting immediately after the word "fund" the following: "in which the boat is docked".

     Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 488, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 488, Page 4, Section 210.303, Line 59 by inserting immediately after "decision." the following: "If the appeal is decided against the disqualified person, that person may seek judicial review of such decision pursuant to sections 536.100 to 536.150, RSMo.".

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 722, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Quick, Chairman of the Committee on Financial and Governmental Operations, submitted the following report:

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred SB 802, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Staples, Chairman of the Committee on Transportation, submitted the following report:

     Mr. President: Your Committee on Transportation, to which was referred SB 725, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following report:

     Mr. President: Your Committee on Appropriations, to which was referred SB 504, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Curls, Chairman of the Committee on Insurance and Housing, submitted the following report:

     Mr. President: Your Committee on Insurance and Housing, to which was referred SB 759, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Curls, Chairman of the Committee on Interstate Cooperation, submitted the following reports:

     Mr. President: Your Committee on Interstate Cooperation, to which was referred SB 854, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Interstate Cooperation, to which was referred SB 740, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following report:

     Mr. President: Your Committee on Commerce and Environment, to which was referred SB 669, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1, 2 and 3.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 669, Page 3, Section 643.310, Line 48 by inserting immediately after "RSMo." the following: "On or before December 31, 1996, the department of natural resources and the Missouri state highway patrol shall enter into an interagency agreement covering all aspects of the administration and enforcement of section 307.366, RSMo, and sections 643.300 to 643.355.".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 669, Page 5, Section 643.310, Line 120 by striking the opening bracket "["; and further amend line 121, by striking the word "five" and inserting in lieu thereof the following: "one"; and further amend line 125, by striking the closing bracket "]".

SENATE COMMITTEE AMENDMENT NO. 3

     Amend Senate Bill No. 669, Page 11, Section 643.355, Line 18 by striking "an infraction" and inserting in lieu thereof the following: "a class C misdemeanor"; and

     Further amend said bill and section, page 12, lines 21-22, by striking the following: "an infraction for the first offense,"; and further amend said line by striking the word "second" and inserting in lieu thereof the word "first"; and further amend line 27, by striking the following: "an infraction for the first offense,"; and further amend line 28, by striking the word "second" and inserting in lieu thereof the word "first"; and further amend lines 32-33, by striking the following: "an infraction" and inserting in lieu thereof the following: "a class C misdemeanor".

     Senator Quick, Chairman of the Committee on Financial and Governmental Operations, submitted the following report:

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred SB 634, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 738, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 738, Page 3, Section 376.1247, Line 32-33 by striking the words "an individual or" and inserting in lieu thereof the word "a".

     Senator Johnson, Chairman of the Committee on Agriculture and Local Government, submitted the following report:

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 719, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On behalf of Senator Clay, Chairman of the Committee on Labor and Industrial Relations, Senator DePasco submitted the following report:

     Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 534, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SJR 28, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

     Senator Moseley, Chairman of the Committee on Education, submitted the following report:

     Mr. President: Your Committee on Education, to which was referred SB 526, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator McKenna, Chairman of the Committee on Conservation, Parks and Tourism, submitted the following report:

     Mr. President: Your Committee on Conservation, Parks and Tourism, to which was referred SB 782, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

     Mr. President: Your Committee on Ways and Means, to which was referred SB 640, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTION OF BILLS

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 920--By Schneider.

     An Act to amend chapter 376, RSMo, by adding thereto one new section relating to medicare supplement insurance.

     SB 921--By Flotron.

     An Act to amend chapter 354, RSMo, by adding four new sections relating to the formation of health care provider joint ventures.

     SB 922--By DePasco and Quick.

     An Act to repeal section 544.455, RSMo 1994, relating to bail bonds, and to enact in lieu thereof one new section relating to the same subject.

     SB 923--By Banks, Scott, McKenna and Treppler.

     An Act to repeal section 227.020, RSMo 1994, relating to the state highway system, and to enact in lieu thereof one new section relating to the same subject.

     SB 924--By Lybyer.

     An Act to repeal sections 142.010 and 142.362, RSMo 1994, relating to motor fuel taxes, and to enact in lieu thereof two new sections relating to the same subject.

COMMUNICATIONS

     President Pro Tem Mathewson submitted the following:

MISSOURI SENATE

Jefferson City

February 8, 1995

The Honorable James L. Mathewson

President Pro Tem

Missouri Senate

Room 326, State Capitol

Jefferson City, MO 65101

Dear Senator Mathewson:

     Please consider this my request to resign from the Children's Services Commission. I will be happy to serve until my replacement is selected, but I feel I cannot at this time give this panel the time and attention it merits.

     It has been a pleasure to serve on this commission.

Sincerely,

/s/ Walt Mueller

INTRODUCTIONS OF GUESTS

     Senator Russell introduced to the Senate, the chairman of the Missouri State Tourism Commission, Bob Smith, Lebanon.

     Senator Westfall introduced to the Senate, Alan Gamer, Ron Baldwin and Stephanie Baldwin, Miller.

     Senator Sims introduced to the Senate, Jane Kerlagon, St. Louis Public Schools, and Jayne Kasten, Pattonville School District; and seventy eighth grade students from Gateway Middle School and Pattonville Holman Middle School, St. Louis; and Sarah Barker and Maggie Middeke were made honorary pages.

     On motion of Senator Banks, the Senate adjourned until 4:00 p.m., Monday, February 19, 1996.