The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Jesus said, "My yoke is easy and my burden is light." There are so many things hard to do, so many burdens difficult to carry, so many decisions hard for us to make. We are thankful that with Divine help we can accomplish great things. We pray for that help. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, April 11, 1996, was read and approved.

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

	Present--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32
	Absent with leave--Senators
Curls	Scott--2

     

     Senator House offered Senate Resolution No. 1176, regarding the Harvest Ridge Outdoor Education Classroom, St. Charles, which was adopted.

     Senator Johnson offered Senate Resolution No. 1177, regarding Donald L. Woods, which was adopted.

     Senator Kenney offered Senate Resolution No. 1178, regarding the "Lee's Summit Journal", which was adopted.

     Senator Kenney offered Senate Resolution No. 1179, regarding Larry Jansen, which was adopted.

     Senator Kenney offered Senate Resolution No. 1180, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Percy Decker, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 1181, regarding Kelley S. Schneider, Blue Springs, which was adopted.

     Senator McKenna offered Senate Resolution No. 1182, regarding Kurt Thomas Koch, Arnold, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1183, regarding the death of Mrs. Rose Bellinger, Kansas City, which was adopted.

     Senators Goode, Clay and Banks offered Senate Resolution No. 1184, regarding Kinloch History Week, which was adopted.

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

     Mr. President: Your Committee on Transportation, to which was referred HB 937, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

Amend House Bill No. 937, Page 1, Section 226.550, Line 7, by inserting immediately after the word "organizations" as that word first appears on said line, the following: ", service organizations, veteran organizations"; and

     Further amend said section, page 2, line 39, by inserting immediately after the words "religious organizations", the following: ", service organizations, veteran organizations".

     Also,

     Mr. President: Your Committee on Transportation, to which was referred HB 809, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

     Amend House Bill No. 809, Page 1, In the Title, Line 2, by striking "licensing of certain emergency personnel" and inserting in lieu thereof the following: "ambulance operators"; and further on line 3 of the title, by inserting immediately after the word "subject" the following: ", with an emergency clause"; and

     Further amend said bill, page 1, section 190.145, line 2, by striking the opening and closing brackets "[ ]" around the word "he" and by striking the boldfaced words on said line; and further on line 3, by inserting at the end of said line, the following: "The director of the department of health may authorize investigations into criminal and driving records in other states for any applicant."; and further on lines 5 and 6, by striking the opening and closing brackets "[ ]" around the word "he" and by striking the boldfaced words on said lines; and further on page 2, line 20, by striking the opening and closing brackets "[ ]" around the word "he"; and further by striking the words "the person" on said line; and further on said line by inserting immediately after the word "valid" the following: "motor vehicle"; and further on said line by striking the words "or chauffeur's" and further on line 21, by striking the opening bracket "["; and further on said line by striking the closing bracket "]" and inserting in lieu thereof the following: "or another state"; and

     Further amend said section, page 2, line 29, by inserting immediately after said line, the following:

     "Section B. Because of the need to retain ambulance drivers currently operating in Missouri, this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.".

     Also,

     Mr. President: Your Committee on Transportation, to which was referred HB 1223, 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, and be placed on the Consent Calendar.

     Amend House Bill No. 1223, Page 1, Section 144.069, Line 6-7 by striking the words ", notwithstanding any other provision of law, administrative rule or regulation".

     Amend House Bill No. 1223, Page 1, Section 144.069, Line 5 by inserting after "consummated" the following:

"unless the vehicle, trailer, boat or motor has been registered and sales taxes have been paid prior to the consummation of the lease agreement".

     Also,

     Mr. President: Your Committee on Transportation, to which was referred HB 1441, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred HB 1315, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred HB 1369, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Judiciary, to which was referred HB 941, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     On behalf of Senator Curls, Chairman of the Committee on Interstate Cooperation, Senator Schneider submitted the following report:

     Mr. President: Your Committee on Interstate Cooperation, to which was referred HB 819, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Insurance and Housing, to which was referred HB 1217, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1466, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     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 HB 956, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

     Amend House Bill No. 956, Page 1, In the Title, Line 3 by striking the word "one" and inserting in lieu thereof the word "two"; and further amend said bill, page 1, section A, line 1, by striking the words "one new section" and inserting in lieu thereof the following: "two new sections"; and further on line 2, by striking "section 89.090" and inserting in lieu thereof "sections 89.090 and 1"; and

     Further amend said bill, page 2, section 89.090, line 22, by inserting immediately after said line, the following:

     "Section 1. 1. The boundary commission of any county of the first classification with a charter form of government and a population greater than nine thousand may grant any petition for annexation submitted by a single property owner whose continuous tract of property lies in two adjacent municipalities so long as the following conditions are met:

     (1) All of the property that is the subject of the annexation petition is owned by the petitioner;

     (2) The petitioner's residence is located on the portion of property that is within the incorporated limits of the annexing municipality.

     2. Such petition shall be handled pursuant to the simplified boundary change as provided in subdivision (4) of subsection 1 of section 72.400, RSMo, and shall not require a public vote.".

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

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred HB 1469, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred HB 1598, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred HB 1533, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred HB 1379, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     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 HB 1610, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 1477, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 1295, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 1076, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 1604, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

     Amend House Bill No. 1604, Page 1, In the Title, Lines 2-3, by striking all of said lines and inserting in lieu thereof the following: "Authorizing the governor to convey state property."; and

     Further amend said bill, page 1, section 1, line 10, by inserting immediately after said line, the following:

     "Section 2. 1. The governor is hereby authorized and empowered to give, grant and convey to and for the use of N.W. Electric Power Cooperative, Inc., a Missouri corporation, an easement for the purposes of construction, operating and maintaining an electric power substation located on a tract of land in the Southeast Quarter of Section 11, Township 57 North, Range 30 West, DeKalb County, Missouri, being more particularly described as follows:

Commencing at an iron pin found at the Southeast corner of Section 11, Township 57 North, Range 30 West, DeKalb County, Missouri; thence South 89ø12'01" West, 465.92 feet along the South line of Section 11 to a found 60d nail; thence North 00ø47'59" West, 30.00 feet to an iron pin found on the north right of way line of a road and true point of beginning; thence south 89ø12'01" West along said right of way 200.00 feet to an iron pin set at the Southwest corner of the tract; thence North 00ø47'59" West, 200.00 feet to an iron pin set at the Northwest corner of the tract; thence North 89ø12'01" East, 200.00 to an iron pin set at the Northeast corner of the tract; thence South 00ø47'59" East, 200.00 feet to the point of beginning, containing 0.92 acres more or less. Subject to all easements, reservations or restrictions of record.

     2. The attorney general shall approve the form of the instrument of conveyance.".

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

     Mr. President: Your Committee on Labor and Industrial Relations, to which was referred HB 1131, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

     Amend House Bill No. 1131, Page 2, Section 1, Line 24, by inserting immediately after said line the following:

     "4. The attorney general shall enforce the rights contained in this section for members of the civil air patrol.".

     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 SS for SCS for SB 507 and SS for SCS for SB 869, 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.

     President Pro Tem Mathewson referred SS for SCS for SB 507 to the Committee on State Budget Control.

     Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SB 687, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Substitute for Senate Bill No. 687, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for Senate Substitute for Senate Bill No. 687, as amended;

     2. That the Senate recede from its position on Senate Substitute for Senate Bill No. 687;

     3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 687, be adopted.

FOR THE SENATE:	FOR THE HOUSE:
/s/ Wayne Goode	/s/ Sheila Lumpe
/s/ David Klarich	/s/ Rita Days
/s/ Mike Lybyer	Tim Green
/s/ Betty Sims	/s/ Pat Secrest
/s/ John Schneider	/s/ Emmy McClelland

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

	Yeas--Senators
Banks	Bentley	DePasco	Ehlmann
Flotron	Goode	Howard	Johnson
Kenney	Klarich	Lybyer	Melton
Moseley	Quick	Rohrbach	Sims
Singleton	Treppler	Wiggins--19
	Nays--Senators
Caskey	Clay	Graves	House
Kinder	Maxwell	McKenna	Mueller
Russell	Schneider	Westfall--11
	Absent--Senators
Mathewson	Staples--2
	Absent with leave--Senators
Curls	Scott--2

     Senator Staples assumed the Chair.

     Senator McKenna assumed the Chair.

     On motion of Senator Goode, CCS for HCS for SS for SB 687, entitled:

     An Act to repeal sections 162.855, 162.860, 162.865, 162.870 and 162.910, RSMo 1994, relating to special school districts, and to enact in lieu thereof eleven new sections relating to the same subject, with an emergency clause.

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

	Yeas--Senators
Banks	Bentley	DePasco	Ehlmann
Flotron	Goode	Howard	Kenney
Klarich	Lybyer	Mathewson	Melton
Moseley	Quick	Rohrbach	Sims
Singleton	Treppler	Westfall	Wiggins--20
	Nays--Senators
Caskey	Clay	Graves	House
Kinder	Maxwell	McKenna	Mueller
Russell	Schneider--10
	Absent--Senators
Johnson	Staples--2
	Absent with leave--Senators
Curls	Scott--2

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	DePasco	Ehlmann
Flotron	Goode	Graves	Howard
Johnson	Kenney	Klarich	Lybyer
Mathewson	McKenna	Melton	Moseley
Quick	Rohrbach	Sims	Singleton
Treppler	Westfall	Wiggins--23
	Nays--Senators
Caskey	Clay	House	Kinder
Maxwell	Mueller	Russell	Schneider--8
	Absent--Senator Staples--1
	Absent with leave--Senators
Curls	Scott--2

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

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

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

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

     WHEREAS, Chief Justice John Marshall wrote in 1819, "The power to tax involves the power to destroy."; and

     WHEREAS, the state of Missouri has 2,646 taxing authorities and these taxing authorities have 4,777 tax rates; and

     WHEREAS, while the taxing power may not destroy, the sheer numbers of authorities and rates may cause complications and confusion; and

     WHEREAS, with taxes and taxing powers uppermost in the minds of citizens the time to resolve this complex situation may have come; and

     NOW, THEREFORE BE IT RESOLVED by the members of the Missouri Senate of the Eighty-eighth General Assembly that there hereby be created a bipartisan "Commission on Taxing Authorities and Rates," which shall be composed of three members of the majority party and two members of the minority party to be appointed by the President Pro Tem of the Senate; and

     BE IT FURTHER RESOLVED that the Commission on Taxing Authorities and Rates be directed to study the taxing powers of the state, the taxing authorities within the state and to study ways in which to maintain the ability of the state to efficiently provide an adequate level of services while structuring a taxing system which lessens the burden on the citizens of this state and which does not collect revenues in excess of any constitutional limitations; and

     BE IT FURTHER RESOLVED that the Commission on Taxing Authorities and Rates be authorized to hold hearings within the state, as it deems advisable, with members of the committee to receive reimbursement only for their actual and necessary expenses incurred in the course of their committee service, from the appropriation of the contingent fund of the Senate; and

     BE IT FURTHER RESOLVED that the members of the Senate Research staff and the Senate Appropriations staff be utilized to provide necessary clerical, research, legal and fiscal services for the Commission, with travel expenses for the staff members to be paid from appropriation made for their staffs; and

     BE IT FURTHER RESOLVED that the Commission present a final report on its activities and recommendations to the Senate in January, 1997.

     Senator Maxwell moved that SB 538, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 538, entitled:

     An Act to repeal sections 386.025, 393.295, 393.705, 393.710, 393.715, 393.725, 393.730, 393.760 and 393.770, RSMo 1994, relating to joint municipal utility commissions, and to enact nine new sections relating to the same subject, with a contingent effective date.

     Was taken up.

     Senator Maxwell moved that SCS for SB 538 be adopted.

     Senator House offered SA 1:

     Amend Senate Committee Substitute for Senate Bill No. 538, Page 6, Section 393.715, Line 60, by inserting immediately after the period "." on said line, the following: "A commission or subsidiary thereof must first obtain a municipality's permission to sell, dispense or distribute water, gas, heat, power, energy, sewer or other utility service to any wholesale or retail entity which provides such service to any state agency, state department or state facility located within the geographic boundaries of such municipality."; and further on line 61, by inserting immediately after the word "commission" the following: "or subsidiary thereof"; and further on line 62, by inserting immediately after the word "retail" the following: "or wholesale".

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

     Senator Wiggins assumed the Chair.

     Senator Ehlmann offered SA 2:

     Amend Senate Committee Substitute for Senate Bill No. 538, Page 1, In the Title, Line 5, by inserting immediately after the word "date", the following: ", for certain sections"; and

     Further amend said bill, page 1, section A, line 5, by inserting immediately after said section, the following:

     "250.190. Any such city, town or village or sewer district operating a sewerage system or a combined waterworks and sewerage system under this chapter shall have power to supply water services or sewerage services or both such services to premises situated outside its corporate boundaries and for that purpose to extend and improve its sewerage system or its combined waterworks and sewerage system. Rates charged for sewerage services or water services to premises outside the corporate boundaries may exceed those charged for such services to premises within the corporate limits only upon approval of such rate by the public service commission."; and

     Further amend said bill, page 13, section B, line 1, by inserting immediately after "B." the following: "Sections 386.025, 393.295, 393.705, 393.710, 393.715, 393.725, 393.730, 393.760 and 393.770 of"; and

     Further amend the title and enacting clause accordingly.

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

     Senator McKenna offered SA 3:

     Amend Senate Committee Substitute for Senate Bill No. 538, Page 13, Section 393.770, Line 38, by inserting immediately after said line, the following:

     "Section 1. The publicly owned treat-ment works shall be responsible for the entire sewer system, except that the operation and maintenance of any part of a pressure sewer system, including grinder pumps used for the purpose of collecting or conducting domestic wastewater originating at a residence located on a lot with service connections to the sewer system operated by such a publicly owned treatment works, shall be the responsibility of the owner of such lot or lots."; and

     Further amend the title and enacting clause accordingly.

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

     President Pro Tem Mathewson resumed the Chair.

     Senator Maxwell moved that SCS for SB 538, as amended, be adopted, which motion prevailed.

     On motion of Senator Maxwell, SCS for SB 538, as amended, was declared perfected and ordered printed.

     Senator Moseley moved that SB 884 and SB 841, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs 884 and 841, entitled:

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

     Was taken up.

     Senator Moseley moved that SCS for SBs 884 and 841 be adopted.

     Senator Clay offered SA 1:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 18, Section 630.192, Line 9, by striking "Without a specific court order," from said line; and further on line 10, by striking "consent to" from said line; and further on lines 10-11, by striking "biomedical or pharmacological" from said lines; and further amend lines 11-19, by striking all of line 11 after "research." and by striking all of lines 12-19; and

     Further amend said bill, page 19, section 630.199, lines 1-3, by striking all of said lines; and

     Further amend the title and enacting clause accordingly.

     Senator Clay moved that the above amendment be adopted.

     Senator Moseley offered SSA 1 for SA 1:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 19, Section 630.192, Lines 17-19, by striking all of said lines and inserting in lieu thereof the following: "court.".

     Senator Moseley moved that the above substitute amendment be adopted.

     At the request of Senator Moseley, SB 884 and SB 841, with SCS, SA 1 and SSA 1 for SA 1 (pending), were placed on the Informal Calendar.

     Senator Schneider introduced to the Senate, Slestakov Vladimir, Natasha Belik, Nina Bets, Edward Bogoslovsky, Tury Dedkov, Natasha Iliyna, Mikhail Ivanov, Inne Kornienkovs, Mikhail Mitin, Alexandre Petrov, Ella Orekhova, Oleg Selyanin, Victor Semenov, Paule Shornik, Elene Shouvalous, Elba Tsepelgora, Irina Venianinous, Oxane Volgins, Olga Vorobieva, Irina Votinova, Irine Zavolokins, Russia.

     Senator Mueller introduced to the Senate, Betty Siebert, Kirkwood.

     Senator Treppler introduced to the Senate, Joan Wiese and one hundred fourth grade students from Trautwein Elementary School, St. Louis; and Stephanie Dambach, Adam Rose, Adam Pyke, Jamie Meyer, Julie Whitson and Drew Spreitler were made honorary pages.

     Senator Bentley introduced to the Senate, David Schultz, Springfield.

     On behalf of Senator Ehlmann and himself, Senator House introduced to the Senate, former State Representative Joe Ortwerth, and his wife, Wendy, St. Charles County.

     Senator Lybyer introduced to the Senate, John Foster and David Impey, Houston; and Terry Kell, Raymondville.

     Senator Caskey introduced to the Senate, Gene Molendorp, Peculiar.

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