Journal of the Senate

SECOND REGULAR SESSION


FORTY-FOURTH DAY--MONDAY, MARCH 25, 1996


     The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we ask for courage and strength and wisdom, not for ourselves, but in order that we might make decisions that will benefit the people we serve. Guide us that Your people might be blessed. As the prophet said, mold us as clay in the potter's hand. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, March 21,1996, 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.

RESOLUTIONS

     Senator Maxwell offered Senate Resolution No. 1026, regarding the Shelbina Knights of Columbus Council #2241, which was adopted.

     Senator Lybyer offered Senate Resolution No. 1027, regarding Betty Schaffer, Holts Summit, which was adopted.

     Senator Graves offered Senate Resolution No. 1028, regarding Thomas Ellsworth Kreek, Oregon, which was adopted.

     Senator Graves offered Senate Resolution No. 1029, regarding Terry Hoyt, Brookfield, which was adopted.

     Senator Graves offered Senate Resolution No. 1030, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Eldon Everhart, Skidmore, which was adopted.

     Senator Graves offered Senate Resolution No. 1031, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Leroy McGinness, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 1032, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Lyman Bill, Wyeth, which was adopted.

     Senator Graves offered Senate Resolution No. 1033, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Donald Newton, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 1034, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Knouse, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 1035, regarding the Sixty-first Wedding Anniversary of Mr. and Mrs. O.C. Steele, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 1036, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Verlin Vulgamott, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 1037, regarding the Ninetieth Birthday of Ruth McClain, Mound City, which was adopted.

     Senator Graves offered Senate Resolution No. 1038, regarding Alice Gabrielson, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 1039, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Fern Keithley, Browning, which was adopted.

     Senator Graves offered Senate Resolution No. 1040, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Connie Watson, Callao, which was adopted.

     Senator Graves offered Senate Resolution No. 1041, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Richard Gilpatrick, Eagleville, which was adopted.

     Senator Graves offered Senate Resolution No. 1042, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gene Leist, Waverly, which was adopted.

     Senator Graves offered Senate Resolution No. 1043, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Franklin E. Davis, Trenton, which was adopted.

     Senator Graves offered Senate Resolution No. 1044, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Harold Almond, Brookfield, which was adopted.

     Senator Graves offered Senate Resolution No. 1045, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Stillman Knifong, Browning, which was adopted.

     Senator Graves offered Senate Resolution No. 1046, regarding the One Hundred Second Birthday of Cora Hill, Rock Port, which was adopted.

     Senator Graves offered Senate Resolution No. 1047, regarding Phil Keuhn, Trenton, which was adopted.

     Senator Graves offered Senate Resolution No. 1048, regarding the Kiwanis Club, Fairfax, which was adopted.

     Senator Graves offered Senate Resolution No. 1049, regarding Pat Swift, which was adopted.

     Senator Graves offered Senate Resolution No. 1050, regarding the Ninetieth Birthday of Ruth Warren, Bethany, which was adopted.

     Senator Graves offered Senate Resolution No. 1051, regarding the One Hundred Fourth Birthday of Alta H. Dewyre, Tarkio, which was adopted.

     Senator Graves offered Senate Resolution No. 1052, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. James Craven, Tarkio, which was adopted.

     Senator Graves offered Senate Resolution No. 1053, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Alfred Schieber, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 1054, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Victor O'Dell, Hale, which was adopted.

     Senator Graves offered Senate Resolution No. 1055, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Orville Hillman, St. Joseph, which was adopted.

     Senator Graves offered Senate Resolution No. 1056, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Forrest Long, Cameron, which was adopted.

     Senator Graves offered Senate Resolution No. 1057, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John Barnes, Bethany, which was adopted.

     Senator Graves offered Senate Resolution No. 1058, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Norman Bowland, Savannah, which was adopted.

     Senator Graves offered Senate Resolution No. 1059, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ted M. Willis, St. Joseph, which was adopted.

     Senator Graves offered Senate Resolution No. 1060, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Maurice L. McCrea, Maysville, which was adopted.

     Senator Graves offered Senate Resolution No. 1061, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Merrille Markt, Oregon, which was adopted.

     Senator Graves offered Senate Resolution No. 1062, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Lee Redd, Albany, which was adopted.

     Senator Graves offered Senate Resolution No. 1063, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Clarence J. Myers, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 1064, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Don Groves, Cameron, which was adopted.

     Senator Graves offered Senate Resolution No. 1065, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gene Tunks, King City, which was adopted.

     Senator Graves offered Senate Resolution No. 1066, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Frank Fletcher, Union Star, which was adopted.

     Senator Graves offered Senate Resolution No. 1067, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Don Moss, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 1068, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Calvin Jones, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 1069, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Vester Wilson, Bigelow, which was adopted.

     Senator Graves offered Senate Resolution No. 1070, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Herman Creason, St. Joseph, which was adopted.

     Senator Graves offered Senate Resolution No. 1071, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Garland Simpson, Ridgeway, which was adopted.

     Senator Graves offered Senate Resolution No. 1072, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Clifford Crouse, Easton, which was adopted.

     Senator Graves offered Senate Resolution No. 1073, regarding the Forty-fifth Wedding Anniversary of Mr. and Mrs. Harvey Jahnke, St. Joseph, which was adopted.

     Senator Graves offered Senate Resolution No. 1074, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Darrel Hiatt, Bethany, which was adopted.

     Senator Graves offered Senate Resolution No. 1075, regarding Herzog Contracting Corporation, St. Joseph, which was adopted.

     Senator Mathewson offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE RESOLUTION NO. 1076

     WHEREAS, the General Assembly deems it worthy to support and encourage any of those programs which exist to provide Missouri's senior citizens with an opportunity to utilize their experience and knowledge in a positive and meaningful way; and

     WHEREAS, the General Assembly also deems it worthy to support those programs which are designed to provide participants with opportunities to develop better citizenship and leadership qualities; and

     WHEREAS, the Silver Haired Legislature is a program which helps to ensure that senior citizens have a voice in state government while giving its participants a unique insight into the legislative process; and

     WHEREAS, the General Assembly has a long tradition of granting the use of its Chambers to such programs;

     NOW, THEREFORE, BE IT RESOLVED that the Missouri Senate hereby grant the participants of the Silver Haired Legislature permission to use the Senate chamber for the purpose of their regular session the entire day of October 31, 1996 and until 1:00 p.m. on November 1, 1996.

REFERRALS

     President Pro Tem Mathewson referred SS for SCS for SB 722 to the Committee on State Budget Control.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 802, SB 854 and SB 952, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

SENATE BILLS FOR PERFECTION

     Senator Maxwell moved that SB 740 be taken up for perfection, which motion prevailed.

     Senator Maxwell offered SS for SB 740, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 740

     An Act relating to the Emergency Mutual Aid Compact.

     Senator Maxwell moved that SS for SB 740 be adopted.

     Senator Maxwell offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 740, Page 1, In the Title, Line 2, by striking all of said line and inserting in lieu thereof the following: "To repeal section 292.602, RSMo 1994, and to enact in lieu thereof three new sections relating to emergency management."; and

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

     "Section A. Section 292.602, RSMo 1994, is repealed and three new sections enacted in lieu thereof, to be known as sections 292.602, 1 and 2, to read as follows:

     292.602. 1. The "Missouri Emergency Response Commission", herein to be known as the commission, is hereby established and is officially domiciled in the [division of fire safety within the] department of public safety. The commission shall be composed of the director of the department of economic development, or his designee; the director of the department of natural resources, or his designee; the director of the department of public safety, or his designee; the director of the department of health, or his designee; six members appointed by the governor with the advice and consent of the senate; one to represent transporters of hazardous materials; one to represent Missouri industry; one to represent local government; one chief fire officer from a recognized fire department or fire protection district; one police officer of the rank of captain or above from a recognized county or municipal police department; and one to represent the general public and four members of the general assembly, two of whom shall be appointed by the speaker of the house and two of whom shall be appointed by the president pro tem of the senate. All members of the commission shall represent the general interest of the public and shall, to the extent practicable, have technical expertise in the emergency response field. No more than three members appointed by the governor shall be of the same political party. The terms of office for the members appointed by the governor shall be four years and until their successors are selected and qualified, except that, of those first appointed, two shall have a term of three years, two shall have a term of two years and two will have a term of one year. There is no limitation on the number of terms an appointed member may serve. The governor may appoint a member for the remaining portion of the unexpired term created by a vacancy. The governor may remove any appointed member for cause.

     2. All members of the commission shall serve without compensation for their duties, but shall be reimbursed for necessary travel and other expenses incurred in the performance of their official duties.

     3. The Missouri emergency response commission in conjunction with the department shall:

     (1) Carry out those responsibilities designated under sections 292.600 to 292.625 and implement sections 292.600 to 292.625 and the Emergency Planning and Community Right-to-Know Act of 1986, Public Law 99-499, as amended, and all rules and regulations promulgated pursuant thereto, herein to be known as the federal act;

     (2) Designate local emergency planning districts to facilitate preparation and implementation of emergency plans, appoint members of a local emergency planning committee for each local emergency planning district, support and coordinate the activities of such committees, review the emergency plans submitted by local emergency planning committees, and make recommendations to the local emergency planning committees regarding those plans;

     (3) Establish a single filing point for all reports and filings that are required to be submitted to the commission under the provisions of sections 292.600 to 292.625 and the federal act;

     (4) Accept, receive and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out the functions and responsibilities enumerated in sections 292.600 to 292.625;

     (5) Provide assistance to the local emergency planning committees for the purpose of carrying out the functions and responsibilities enumerated in sections 292.600 to 292.625 and the federal act by utilizing all available expertise both public and private, including, but not limited to, the departments of natural resources, public safety and health;

     (6) Provide training to local emergency planning committees and other local officials to accomplish the purposes and objectives of the federal act and the provisions of sections 292.600 to 292.625. The department of public safety will coordinate the provision of such training and periodically report to the commission on training activities;

     (7) Enter into such agreements with other state agencies, local governments and other political subdivisions of the state, the federal government and other persons as is determined to be appropriate to implement the federal act and the provisions of sections 292.600 to 292.625;

     (8) Allot funds as specified in section 292.604 to local emergency planning committees;

     (9) Develop a data management system to store and retrieve information submitted under the provisions of sections 292.600 to 292.625 and the federal act. The commission and the department will provide assistance to local emergency planning committees and fire departments, fire protection districts, volunteer fire protection services and others to make this information readily available to them for planning and emergency response purposes.".

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

     Senator Ehlmann offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 740, Page 3, Section 2, Line 9, by inserting after the word "compact." the following: "Such plans and any revision thereto shall not become effective unless submitted to and approved by the general assembly by concurrent resolution; except that if the general assembly is not in session, such plans or revisions thereto shall take effect but shall terminate if the general assembly does not approve of the plan or revision within thirty calendar days after the general assembly has convened in regular or special session.".

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Wiggins assumed the Chair.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 740, Page 3, Section 2, Line 9, by inserting after the word "compact." the following: "Such plans and any revision thereto shall not become effective unless submitted to and approved by the general assembly by concurrent resolution.".

     Senator Rohrbach moved that the above substitute amendment be adopted.

     Senator McKenna assumed the Chair.

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

     Senator Wiggins resumed the Chair.

     SA 2 was again taken up.

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

     Senator Maxwell moved that SS for SB 740, as amended, be adopted, which motion prevailed.

     On motion of Senator Maxwell, SS for SB 740, as amended, was declared perfected and ordered printed.

     Senator Goode moved that SB 669, with SCAs 1, 2 and 3, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

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

     SCA 3 was taken up.

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

     Senator Staples assumed the Chair.

     Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 669, Page 6, Section 643.315, Lines 26-27, by striking all of said lines; and further amend said subsection by renumbering the remaining subdivisions accordingly.

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

     Senator Ehlmann offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 669, Page 4, Section 643.310, Line 106, by deleting, after the word "participation", the following: ", strive to promote racial and cultural diversity and give preference to owner operated and managed businesses.".

     Senator Ehlmann moved that the above amendment be adopted.

     At the request of Senator Ehlmann, SA 2 was withdrawn.

     Senator Ehlmann offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Bill No. 669, Page 1, Section 643.310, Line 3, by inserting immediately after the word "any" the following: "urbanized"; and further amend line 4, by inserting immediately after "643.305," the following: "as determined by the local metropolitan planning organization.".

     Senator Ehlmann moved that the above amendment be adopted.

     Senator McKenna resumed the Chair.

     At the request of Senator Ehlmann, SA 3 was withdrawn.

     Senator Klarich offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Bill No. 669, Page 12, Section 643.355, Line 41, by inserting immediately after said line the following:

     "8. Any county of the first classification without a charter form of government and with a population of at least eighty thousand shall be exempt from regulation under Rule 10-5.070 of the Code of State Regulations until such county has attained a population of at least one-hundred thousand.".

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

     Senator Ehlmann offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Bill No. 669, Page 1, Section 643.310, Line 3, by inserting immediately after the word "any" the following: "urbanized"; and further amend line 4, by inserting immediately after "643.305," the following: "as determined by the local metropolitan planning organization, on the condition that the exemption of certain rural areas may not effect the credits available to the nonattainment area.".

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

     Senator Ehlmann offered SA 6, which was read:

SENATE AMENDMENT NO. 6

     Amend Senate Bill No. 669, Page 4, Section 643.310, Line 106, by deleting, after the word "participation", the following: ", strive to promote racial and cultural diversity".

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

     On motion of Senator Goode, SB 669, as amended, was declared perfected and ordered printed.

     Senator Quick moved that SB 634 be taken up for perfection, which motion prevailed.

     Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 634, Page 2, Section 493.030, Line 26, by inserting immediately after said line the following:

     "493.050. 1. Except as provided in subsection 2 of this section, all public advertisements and orders of publication required by law to be made and all legal publications affecting the title to real estate, shall be published in some daily, triweekly, semiweekly or weekly newspaper of general circulation in the county where located and which shall have been admitted to the post office as second class matter in the city of publication; shall have been published regularly and consecutively for a period of three years; shall have a list of bona fide subscribers voluntarily engaged as such, who have paid or agreed to pay a stated price for a subscription for a definite period of time; provided, that when a public notice, required by law, to be published once a week for a given number of weeks, shall be published in a daily, triweekly, semiweekly or weekly newspaper, the notice shall appear once a week, on the same day of each week, and further provided, that every affidavit to proof of publication shall state that the newspaper in which such notice was published has complied with the provisions of this [section] subsection; provided further, that the duration of consecutive publication [herein] provided for in this subsection shall not affect newspapers which have become legal publications prior to the effective date of this section; provided, however, that when any newspaper shall be forced to suspend publication in any time of war, due to the owner or publisher being inducted into the armed forces of the United States, the [same] newspaper may be reinstated within one year after actual hostilities [shall] have ceased, with all the benefits [under] provided pursuant to the provisions of this [section] subsection, upon the filing with the secretary of state of notice of intention of [said] such owner or publisher, [his widow] the owner's surviving spouse or legal heirs, to republish [said] such newspaper, setting forth the name of the publication, its volume and number, its frequency of publication, and its readmission to the post office where it was previously entered as second class mail matter, and when it shall have a list of bona fide subscribers voluntarily engaged as such who have paid or agreed to pay a stated price for subscription for a definite period of time. [All laws or parts of laws in conflict with this section except sections 493.070 to 493.120, are hereby repealed.]

     2. Notwithstanding the provisions of subsection 1 of this section to the contrary, in any county of the first classification with a population in excess of one hundred seventy thousand and less than two hundred thousand which does not have a daily newspaper published within such county with a bona fide list of subscribers, located in such county, comprising at least two percent of the population, all public advertisements and orders of publication required by law to be made and all legal publications affecting the title to real estate in such county, shall be published in some daily, triweekly, semiweekly or weekly newspaper of general circulation in such county. The newspaper shall have been published regularly and consecutively for a period of two years; shall have a known office of publication in such county, open to the public, where the business or publication of the newspaper is transacted during the usual business hours; shall bear a fixed title or name, date lines and numbered volume sequence; shall be published and printed in an accepted newspaper format, generally in sheet form, standard size or tabloid size; and shall contain an average of twenty-five percent news and editorial content in its issues during any twelve month period. The term "news and editorial content" for the purpose of this section means any news, pictures, features, editorials and other matters of general interest, but shall not include advertisements, classified or display. Percentages shall be determined on the basis of the number of columns and inches published in each edition. When a public notice, required by law, to be published once a week for a given number of weeks, shall be published in a daily, triweekly, semiweekly or weekly newspaper, the notice shall appear once a week, on the same day of each week, and further provided, that every affidavit for proof of publication shall state that the newspaper in which such notice was published has complied with the provisions of this subsection."; and

     Further amend the title and enacting clause accordingly.

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

     On motion of Senator Quick, SB 634, as amended, was declared perfected and ordered printed.

     Senator Maxwell moved that SB 738, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     Senator Maxwell offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 738, Page 2, Section 376.1243, Line 24, by adding after the word "services" the following:

"but shall not include a health maintenance organization if substantially all of its primary health care services are provided by the organization to its members at its own facilities through health care professionals who do not provide substantial health care services other than on behalf of such organization".

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

     Senator Quick assumed the Chair.

     Senator Maxwell offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 738, Page 3, Section 376.1247, Lines 9-14, by striking all of said lines and inserting in lieu thereof the following:

     "(3) Allow a covered person to seek eye care directly from a primary eye care provider not on the panel of the health benefit plan, if the plan has provisions for out-of-plan reimbursement for primary health care. The health plan may require a reasonable but higher copayment by the covered person for out- of-plan care;"; and

     Further amend said section, line 29, by inserting immediately after the word "persons" the following: ". Health benefit plans may establish a protocol for the administration and delivery of primary eye care services within the plan, as long as direct access for primary eye care is maintained".

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

     President Wilson assumed the Chair.

     Senator Quick resumed the Chair.

     At the request of Senator Maxwell, SB 738, as amended, was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 945, entitled:

     An Act to repeal section 319.131, RSMo Supp. 1995, relating to environmental protection, and to enact in lieu thereof nine new sections relating to the same subject, with an expiration date for certain sections.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 980, entitled:

     An Act to repeal sections 172.035, 172.070 and 174.055, RSMo 1994, relating to the attendance at the governing board meetings of institutions of higher education, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

     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 1099, entitled:

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

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 22, 1996

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

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

     M. Theresa Hupp, Republican, 4611 NW Baltimore Drive, Kansas City, Clay County, Missouri 64116, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until her successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 22, 1996

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

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

     Jerry L. Leath, Republican, 17628 Myrtlewood Drive, Chesterfield, St. Louis County, Missouri 63005, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until his successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 22, 1996

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

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

     Sam A. Maupin, Republican, 301 W. 119th Terrace, Kansas City, Jackson County, Missouri 64145, as a member of the Elevator Safety Board, for a term ending June 6, 2000, and until his successor is duly appointed and qualified; vice, vacancy.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 1996

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

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

     Richard Van Adams, Republican, 815 North Kingshighway, Sikeston, Scott County, Missouri 63801, as a member of the Missouri Ethics Commission, for a term ending March 15, 2000; vice, Wendell Lenhart, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 25, 1996

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

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

     Robert S. Gardner, Republican, 715 West Broadway Boulevard, Sedalia, Pettis County, Missouri 65301-5539, as a member of the Missouri Ethics Commission, for a term ending March 15, 2000; vice, John W. Maupin, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

REPORTS OF STANDING COMMITTEES

     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 HCS for HB 1259, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

INTRODUCTIONS OF GUESTS

     Senator Moseley introduced to the Senate, Dennis and Cheryl Perkins, and their children, Matthew, Jesse and Emily, home schoolers from Centralia; and Micheal Jones, Centralia; and Matthew, Jesse, Emily and Micheal were made honorary pages.

     Senator Bentley introduced to the Senate, the Physician of the Day, Dr. Michael Good, M.D., and his daughter, Laura, Springfield.

     On behalf of Senator Singleton and herself, Senator Bentley introduced to the Senate, Jon Weeden, Missouri Southern State College, Joplin.

     Senator Bentley introduced to the Senate, Kevin Edmunds, Springfield.

     Senator Quick introduced to the Senate, Carol Knipp and Girl Scout Troop #608, Kansas City; and Lori Knipp, Michelle Bolliger, Shannon Braley and Liz Sherman were made honorary pages.

     On behalf of Senator Staples, the President introduced to the Senate, Emily Firebaugh, Farmington.

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