Journal of the Senate

SECOND REGULAR SESSION


FORTY-SIXTH DAY--WEDNESDAY, MARCH 27, 1996


     The Senate met pursuant to adjournment.

     Senator Wiggins in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, to Isaiah You said, "My house shall be a house of prayer to all people." We are thankful for the privilege of prayer, for this quiet time each morning to acknowledge that we are all Your children. We are thankful that You invite all people to pray. Help us to include all people in our plans. 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
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesTreppler
WestfallWiggins--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Quick offered Senate Resolution No. 1085, regarding the One Hundred Fiftieth Anniversary of the Liberty Tribune, which was adopted.

REFERRALS

     On behalf of President Pro Tem Mathewson, Senator Banks referred SB 669 to the Committee on State Budget Control.

SENATE BILLS FOR PERFECTION

     Senator Lybyer moved that SB 504, with SCS and SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 3 was again taken up.

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

     Senator DePasco offered SA 4, which was read:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for Senate Bill No. 504, Page 5, Section 313.385, Line 33, by adding after the word "homes" the following: "and cemeteries".

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

     Senator Scott offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Committee Substitute for Senate Bill No. 504, Page 4, Section 313.835, Line 27, by inserting after the word "funds" the following: "in an amount not to exceed ten million dollars per fiscal year"; and

     Further amend said bill, Page 5, Section 313.835, Line 39, by inserting after the word "fund." the following: "Any excess funds shall be retained in the gaming commission fund and used for paying the cost of enforcement furnished by the Missouri highway patrol on excursion gambling boats. If such funds are insufficient to cover all of such enforcement costs, the balance of the amount needed to pay such enforcement costs shall be divided equally among the operators of excursion gambling boats and paid into the gaming commission fund."; and

     Further amend said bill, Page 5, Section 313.835, Line 42, by inserting an opening bracket "[" before the number "2."; and

     Further amend said bill, Page 46, Section 313.835, Line 46, by inserting a closing bracket "]" after the period "." at the end of said line.

     Senator Scott moved that the above amendment be adopted.

     Senator Staples assumed the Chair.

     President Wilson assumed the Chair.

     Senator Quick assumed the Chair.

     At the request of Senator Lybyer, SB 504, with SCS and SA 5 (pending), was placed on the Informal Calendar.

     Senator Caskey moved that SB 852, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS for SB 852 was again taken up.

     At the request of Senator Caskey, the above substitute was withdrawn.

     Senator Caskey offered SS No. 2 for SB 852, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 852

     An Act to repeal sections 137.073, 163.011, 163.031, 165.051 and 165.111, RSMo 1994, and sections 164.011 and 165.011, RSMo Supp. 1995, relating to the use of public school funds, and enacting eight new sections relating to the same subject, with an emergency clause.

     Senator Caskey moved that SS No. 2 for SB 852 be adopted.

     Senator Johnson assumed the Chair.

     Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 2 for Senate Bill No. 852, Page 35, Section 165.016, Line 24 of said page, by inserting immediately after "staff," the following: "at least seventy-eight percent or".

     Senator McKenna moved that the above amendment be adopted.

     Senator Russell offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 2 for Senate Bill No. 852, Page 36, Section 165.016, Line 13 of said page, by striking "seventy-five" and inserting in lieu thereof "seventy".

     Senator Russell moved that the above substitute amendment be adopted.

     At the request of Senator Caskey, SB 852, with SS No. 2, SA 1 and SSA 1 for SA 1 (pending), 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 HB 1295, entitled:

     An Act to amend chapter 41, RSMo, relating to military affairs, by adding thereto one new section relating to the search of persons upon military facilities.

     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 HB 1101, entitled:

     An Act to repeal sections 306.031, 306.060, 306.122, 306.126, 306.142, 306.147, 306.550, and 306.903, RSMo Supp. 1995, relating to watercraft, and to enact in lieu thereof eight 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 HB 1171, entitled:

     An Act to repeal section 620.158, RSMo 1994, relating to the Missouri rural economic development council, and to enact in lieu thereof one new section relating to the same subject, with an expiration date.

     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 HB 1524, entitled:

     An Act to repeal sections 137.555, 231.450 and 231.455, RSMo 1994, relating to funds for county roads and bridges, and to enact in lieu thereof 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 HB 1362, entitled:

     An Act to repeal sections 197.305 and 344.030, RSMo 1994, relating to nursing facilities, and to enact in lieu thereof two 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 HB 1168, entitled:

     An Act relating to Missouri's peace officers memorial day.

     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 HB 956, entitled:

     An Act to repeal section 89.090, RSMo 1994, relating to certain municipalities, and to enact in lieu thereof one new section 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 HB 1117, entitled:

     An Act relating to the leasing of certain property of the division of youth services.

     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 HB 1523, entitled:

     An Act to amend chapter 610, RSMo, relating to governmental records by adding thereto one new section, relating to certain public school records.

     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 HB 1055, 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.

     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 HB 1537, entitled:

     An Act to repeal sections 337.500, 337.505 and 337.510, RSMo 1994, relating to professional counselors, and to enact in lieu thereof 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 HB 1359, entitled:

     An Act to repeal section 37.005, RSMo 1994, relating to the disposition of state property, and to enact in lieu thereof one new section 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 HB 1566, entitled:

     An Act to repeal section 332.072, RSMo Supp. 1995, relating to certain services performed by dental hygienists, and to enact in lieu thereof one new section 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 HB 1428, entitled:

     An Act to repeal section 58.095, RSMo 1994, relating to county coroners, and to enact in lieu thereof one new section 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 HB 1473, entitled:

     An Act to repeal section 334.040, as enacted by house bill no. 590 in the eighty- seventh general assembly and section 334.046, RSMo 1994, relating to physicians and surgeons, 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.

     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 HB 1110, entitled:

     An Act to repeal sections 326.060, 326.130, 326.200 and 326.210, RSMo 1994, relating to the licensing of public accountants, and to enact in lieu thereof four 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 HB 1076, entitled:

     An Act to amend chapter 9, RSMo, relating to public holidays, by adding thereto one new section relating to Pearl Harbor Remembrance Day.

     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 HB 1166, entitled:

     An Act to repeal section 161.415, RSMo 1994, relating to scholarships, and to enact in lieu thereof one new section 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 HB 1420, entitled:

     An Act to repeal section 137.021, RSMo 1994, relating to assessment procedures for certain agricultural land, and to enact in lieu thereof one new section 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 HB 1305, entitled:

     An Act to repeal sections 263.190, 263.200 and 263.450, RSMo 1994, relating to weeds, and to enact in lieu thereof three 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 HB 1440, entitled:

     An Act to repeal section 351.267, RSMo 1994, relating to certain telephone companies, and to enact in lieu thereof one new section 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 HB 1315, entitled:

     An Act to repeal section 302.181, RSMo Supp. 1995, relating to motor vehicle operator licenses, and to enact in lieu thereof one new section relating to the same subject, with an effective date.

     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 HB 1477, entitled:

     An Act to repeal sections 115.611 and 115.613, RSMo 1994, relating to elections, and to enact in lieu thereof two 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 HB 1131, entitled:

     An Act relating to the civil air patrol.

     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 HB 1369, entitled:

     An Act to repeal section 304.022, RSMo Supp. 1995, relating to motor vehicles, and to enact in lieu thereof one new section 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 HB 1431, entitled:

     An Act relating to the conveyance of certain real property of the state of Missouri located in Buchanan County.

     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 HB 1304, entitled:

     An Act to amend chapter 190, RSMo, relating to emergency telephone services by adding thereto one new section 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 HB 1260, entitled:

     An Act to repeal section 640.100, RSMo Supp. 1995, relating to the safe drinking water commission, and to enact in lieu thereof one new section relating to the same subject, with an expiration date.

     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 HB 1564, entitled:

     An Act to repeal section 214.270, RSMo 1994, relating to endowed care cemeteries, and to enact in lieu thereof two 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 HB 1533, entitled:

     An Act to repeal section 43.543, RSMo 1994, relating to agency reporting requirements, and to enact in lieu thereof one new section 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 HB 1504, entitled:

     An Act to repeal section 58.700, RSMo 1994, relating to county coroners and medical examiners, and to enact in lieu thereof one new section 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 HB 1223, entitled:

     An Act to repeal section 144.069, RSMo 1994, relating to sales taxes on motor vehicles, and to enact in lieu thereof one new section relating to the same subject, with an effective date.

     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 HB 819, entitled:

     An Act relating to Southern Regional Emergency Management Compact.

     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 HB 1286, entitled:

     An Act to repeal section 473.740, RSMo Supp. 1995, relating to salaries for public administrators, and to enact in lieu thereof one new section 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 HB 976, entitled:

     An Act to repeal section 32.055, RSMo 1994, relating to motor vehicle records, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

     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 HBs 1376 and 1501, entitled:

     An Act to repeal sections 162.955, 162.961 and 162.963, RSMo 1994, relating to special education due-process hearings, and to enact in lieu thereof four new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

REFERRALS

     President Pro Tem Mathewson referred SB 952 to the Committee on State Budget Control.

     On motion of Senator Banks, the Senate recessed until 2:30 p.m.

RECESS

     The time of recess having expired, the Senate was called to order by Senator Staples.

RESOLUTIONS

     Senator Lybyer offered Senate Resolution No. 1086, regarding the Fatima Comets Boys Basketball Team of the Osage County R-III School District, which was adopted.

     Senator Scott offered Senate Resolution No. 1087, regarding Mr. Dennis P. Long, St. Louis, which was adopted.

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 recede from its position on HCS for SS for SB 687, as amended, and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has offered into and adopted HCR 8.

HOUSE CONCURRENT RESOLUTION NO. 8

     WHEREAS, Burlington Northern Santa Fe Corporation (BNSF) has recently announced that it will close three of its fourteen system locomotive maintenance shops as part of a streamlining effort; and

     WHEREAS, one of the maintenance shops scheduled to be shut down is the Springfield, Missouri, shop, which employs some 237 workers; and

     WHEREAS, the closing of BNSF's Springfield maintenance facility will result in the loss of jobs and will have a substantially negative impact on the Springfield economy; and

     WHEREAS, the safety and service records of the machinists, electricians, boilermakers, laborers, sheet metal workers, car men, and supervisors at the Springfield maintenance shop have been above the BNSF average;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-eighth General Assembly, the Senate concurring therein, hereby oppose the scheduled closing of the Springfield, Missouri, locomotive maintenance shop, and further call upon Burlington Northern Santa Fe Corporation to strongly reconsider its decision to reduce the Springfield facility to a locomotive service facility; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Burlington Northern Santa Fe Corporation and for Union Brotherhood of Maintenance of Way, Springfield, Missouri.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has offered into and adopted HCR 6.

HOUSE CONCURRENT RESOLUTION NO. 6

     BE IT RESOLVED by the Missouri House of Representatives of the Eighty-eighth General Assembly, the Senate concurring therein, that the Missouri Secretary of State prepare and cause to be collated, indexed, printed and bound, all acts and resolutions of the Eighty-eighth General Assembly, First and Second Regular Sessions and extra sessions, if any, and examine the printed copies and compare them with and correct the same by the original rolls, note all errors, if any, which have been committed and cause errata thereof to be annexed to the completed printed copies, together with an attestation under the hand of the Secretary of State that she has compared the same and the original rolls in her offices and has corrected the same thereby; and

     BE IT FURTHER RESOLVED that the size and quality of the paper and binding be substantially the same as used in prior session laws and the size and style of type be determined by the Secretary of State; and

     BE IT FURTHER RESOLVED that the Secretary of State be authorized to print and bind up to two thousand five hundred (2,500) copies of the acts and resolutions of the Eighty-eighth General Assembly with appropriate indexing.

     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 offered into and adopted HCR 4.

HOUSE CONCURRENT RESOLUTION NO. 4

     WHEREAS, most all necessities essential to man's survival stem from the soil, and the survival and success of nations is largely dependent on their ability to manage the resources provided by the soils within their borders; and

     WHEREAS, agriculture forms the basis for the development, maintenance, and survival of any modern society; and

     WHEREAS, citizens must be able to relate to these truisms to their own success and welfare in order to assure a cooperative, conflict-free relationship between urban and rural communities; and

     WHEREAS, it is important that the agricultural community be a proactive force in the education of the urbanite and those members of the rural population who are unfamiliar with the role of agriculture in the preservation of their welfare and that of the nation; and

     WHEREAS, although Missouri is one of the most agriculturally diverse states in the nation, little has been done to educate its citizens as to their total dependence on farmers and ranchers; and

     WHEREAS, since the third generation without exposure to the farm is now growing up in the state's urban areas, little comprehension exists among this group concerning the tie that exists between the remote farmer/rancher and the dinner table; and

     WHEREAS, because of information provided by various activists/environmentalists which has often been inaccurate, incomplete, or misleading, the farmer/rancher is often perceived as the enemy rather than the benefactor of mankind; and

     WHEREAS, in order to correct these deficiencies in the public understanding and perception, a number of key leaders and organizations have voiced their support for the establishment of a combined Living History Farm and Agriculture Learning Center in Missouri; and

     WHEREAS, this innovative Living History Farm and Agricultural Learning Center would be dedicated to the goal of educating consumers as to Missouri's wealth of agricultural products and the importance of these products in their everyday lives, and would also seek to preserve the skills, knowledge, and artifacts of previous generations of Missouri farmers and ranchers; and

     WHEREAS, the proposed Agricultural Learning Center would be the most modern and effective in the nation, and would provide Missouri's forty-three commodity groups with the opportunity to tell their own story concerning the importance of their product; and

     WHEREAS, the proposed Missouri Living History Farm and Agricultural Learning Center project has garnered a great deal of support and interest from both the private and public sectors, but still requires knowledgeable leadership to coordinate the efforts of these interested parties; and

     WHEREAS, this leadership would best be provided by the Missouri Department of Agriculture, which has access to the largest body of knowledge and expertise pertaining to Missouri agriculture:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives of the Eighty-eighth General Assembly, the Senate concurring therein, hereby petition the Department of Agriculture to serve as the coordinating body for the initiation of the proposed Missouri Living History Farm and Agriculture Learning Center and in this capacity, form a study group to examine the value and feasibility of this project; and

     BE IT FURTHER RESOLVED that in accepting this role, the Department of Agriculture be given full authority to call together all interested parties, to obtain firm commitments from these parties as to precisely what contributions and assistance they will provide toward the project's completion, and to then determine to what degree the project is workable; and

     BE IT FURTHER RESOLVED that in serving as the coordinating body for the Missouri Living History and Agriculture Learning Center project, the Department of Agriculture determine project feasibility based upon the heretofore established plan which provides that the project be funded solely through non-governmental contributions; and

     BE IT FURTHER RESOLVED that the Department of Agriculture report its findings together with recommendations for any action it deems appropriate to the Missouri General Assembly; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the Missouri Department of Agriculture, Mr. John Saunders, Director.

     In which the concurrence of the Senate is respectfully requested.

REPORTS OF STANDING COMMITTEES

     Senator Wiggins, Chairman of the Committee on State Budget Control, submitted the following reports:

     Mr. President: Your Committee on State Budget Control, to which were referred SB 868; SB 952; and SS for SCS for SB 722, begs leave to report that it has considered the same and recommends that the bills do pass.

     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 782; SS for SS for SB 488; SB 526; SCS for SB 640; SCS for SB 708; and SS for SCS for SB 743, 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.

CONFERENCE COMMITTEE REPORTS

     Senator Flotron, on behalf of the conference committee appointed to act with a like committee from the House on HS for SCS for SB 735, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

HOUSE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 735

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Substitute for Senate Committee Substitute for Senate Bill No. 735, with House Amendment No. 2, begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for Senate Committee Substitute for Senate Bill No. 735; with House Amendment No. 2;

     2. That the Senate recede from its position on Senate Committee Substitute for Senate Bill No. 735;

     3. That the attached Conference Committee Substitute for House Substitute for Senate Committee Substitute for Senate Bill No. 735, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Franc Flotron       /s/ Chris Liese

/s/ John D. Schneider      /s/ Ronald P. Keeven

/s/ Walt Mueller      /s/ James M. Foley

/s/ Ed Quick      /s/ David Levin

/s/ Joe Maxwell      /s/ Dana Murray

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

Yeas--Senators
BanksBentleyCaskeyDePasco
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMoseleyMuellerQuick
RohrbachRussellScottSingleton
StaplesTrepplerWestfallWiggins--28
Nays--Senators--None
Absent--Senators
ClayCurlsEhlmannMelton
SchneiderSims--6
Absent with leave--Senators--None
     On motion of Senator Flotron, CCS for HS for SCS for SB 735, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 735

     An Act to repeal section 72.418, RSMo Supp. 1995, relating to fire protection district elections, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause for certain sections.

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

Yeas--Senators
BanksCaskeyClayDePasco
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellScottSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators--None
Absent--Senators
BentleyCurlsEhlmannLybyer
Schneider--5
Absent with leave--Senators--None
     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoFlotronGoodeHouse
HowardJohnsonKenneyKinder
KlarichMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellScottSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators--None
Absent--Senators
CurlsEhlmannGravesLybyer
Schneider--5
Absent with leave--Senators--None
     On motion of Senator Flotron, title to the bill was agreed to.

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

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

THIRD READING OF SENATE BILLS

     SS for SCS for SBs 795, 542 and 563, introduced by Senator Maxwell, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 795, 542 and 563

     An Act to repeal sections 137.073, 151.150, 163.011, 163.021, 163.025 and 164.073, RSMo 1994, relating to state aid for public schools, and to enact in lieu thereof five new sections relating to the same subject.

     Was taken up.

     On motion of Senator Maxwell, SS for SCS for SBs 795, 542 and 563 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesTreppler
WestfallWiggins--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     Senator Wiggins resumed the Chair.

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

REFERRALS

     President Pro Tem Mathewson referred SCS for SB 640 and SB 782 to the Committee on State Budget Control.

THIRD READING OF SENATE BILLS

     SS for SCS for SB 722, introduced by Senator Moseley, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 722

     An Act to repeal sections 43.506, 302.060, 302.304, 302.309, 302.505, 302.510, 302.520, 302.530, 302.540, 302.541, 479.040, 577.001, 577.012, 577.037, 577.039, 577.041, 577.049, 577.520 and 577.525, RSMo 1994, and sections 302.010, 302.171 and 302.302, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof twenty-four new sections relating to the same subject, with penalty provisions.

     Was taken up.

     On motion of Senator Moseley, SS for SCS for SB 722 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannFlotronGoode
GravesHouseJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMeltonMoseleyMueller
QuickRussellSchneiderScott
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators
HowardMcKennaRohrbach--3
Absent--Senator Clay--1
Absent with leave--Senators--None

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

     SB 802, introduced by Senators Johnson and Russell, entitled:

     An Act to repeal section 105.950, RSMo 1994, relating to benefits for public officers and employees, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up by Senator Johnson.

     On motion of Senator Johnson, SB 802 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Nays--Senator Mueller--1
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     SB 854, introduced by Senator Moseley, entitled:

     An Act to repeal section 260.700, RSMo 1994, relating to the midwest interstate compact on low-level radioactive waste, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     On motion of Senator Moseley, SB 854 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyDePasco
FlotronGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MoseleyMuellerQuickRohrbach
RussellScottSingletonStaples
TrepplerWestfallWiggins--27
Nays--Senators
ClayEhlmannGoodeMelton
SchneiderSims--6
Absent--Senator Curls--1
Absent with leave--Senators--None

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

     SB 952, introduced by Senator Mathewson, entitled:

     An Act to repeal section 198.439, RSMo 1994, relating to nursing facility reimbursement allowance, and to enact one new section relating to the same subject.

     Was taken up.

     On motion of Senator Mathewson, SB 952 was read the 3rd time and passed by the following vote:

Yeas--Senators
BentleyCaskeyClayDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesTrepplerWestfallWiggins--32
Nays--Senators--None
Absent--Senators
BanksCurls--2
Absent with leave--Senators--None

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

     SS for SB 740, introduced by Senator Maxwell, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 740

     An Act to repeal section 292.602, RSMo 1994, and to enact in lieu thereof three new sections relating to emergency management.

     Was taken up.

     On motion of Senator Maxwell, SS for SB 740 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Nays--Senators--None
Absent--Senator Flotron--1
Absent with leave--Senators--None

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

     SB 634, introduced by Senator Quick, entitled:

     An Act to repeal sections 493.027, 493.030 and 493.050, RSMo 1994, relating to legal publications in first class counties, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     On motion of Senator Quick, SB 634 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
SchneiderScottSimsSingleton
StaplesTrepplerWestfallWiggins--32
Nays--Senators
KlarichRussell--2
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator Schneider moved that SB 868, as amended, be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     On motion of Senator Schneider, SB 868, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyCurls
DePascoEhlmannGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMeltonMoseleyMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senators
ClayFlotronMcKenna--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

     Senator Staples moved that SB 679, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SCS for SB 679, as amended, was again taken up.

     Senator Moseley offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 3, Section 571.030, Line 13, by striking the opening bracket "["; and further amend said line by striking the following: "] and"; and further amend said line by striking the following: "or brandishes".

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

     Senator Howard assumed the Chair.

     Senator Wiggins offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 3, Section 571.030, Line 24, by striking the opening bracket "[" and inserting in lieu thereof the following: ", or into any stadium, or into any tavern, or into any liquor store"; and further on line 25, by striking the closing bracket "]".

     Senator Wiggins moved that the above amendment be adopted.

     Senator Moseley offered SSA 1 for SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT 3

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 3, Section 571.030, Line 24, by inserting immediately after the word "thereof" the following: ", or into any stadium, liquor store, bar or tavern or amusement parks"; and

     Further amend said bill, page 14, section 571.091, line 175, by inserting immediately after "thereof" the following: ", or into any stadium, liquor store, bar or tavern or amusement parks".

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

     Senator Klarich offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 14, Section 571.091, Line 181, by inserting immediately after said line the following:

     "18. All citizens, merchants, not for profit entities, public bodies, or amusement parks have the right to deny access to persons who attempt to carry concealed firearms into buildings they own or lease. A sign indicating such a prohibition should be clearly visible at all entrances. Persons who enter, in violation of this prohibition, are guilty of the infraction of trespass. The third such violation constitutes a class C misdemeanor and the permittee shall have his permit revoked and shall not be eligible to reapply for a permit for three years from the date of such violation.".

     Senator Klarich moved that the above amendment be adopted.

     Senator Moseley offered SSA 1 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 16, Section 571.094, Line 37, by inserting immediately after said line the following:

     "Section 1. All citizens, merchants, not for profit entities, amusement parks, or public bodies have the right to deny access to persons who attempt to carry concealed firearms into buildings they own or lease. A uniform sign, designed by the department of public safety, stating "No CCW" shall be posted and shall be clearly visible at all entrances. Persons who enter in violation of this section shall be guilty of a class C misdemeanor.

     Section 2. No owner of a restaurant, at which prepared meals or food is sold for consumption on the premises, or owner of a business, shall be held civilly or criminally liable for any injury or death that results from the use of a concealed firearm by a patron of such restaurant or business on the premises of such restaurant or business."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Singleton offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 11, Section 571.091, Lines 42-43, by striking the following: "at one of the Missouri state highway patrol troop headquarters. The highway patrol" and inserting in lieu thereof the following: "to the sheriff in the county where the applicant resides. The sheriff"; and further on line 53, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 54, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 58, by striking the words "Missouri state highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 60, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 62, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 65, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 69, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on pages 11-12, lines 76-77, by striking the words "a highway patrol officer" and inserting in lieu thereof the words "the sheriff"; and further on page 12, line 81, by striking the words "The Missouri state highway patrol" and inserting in lieu thereof the words "Each sheriff"; and further on lines 92-93, by striking the words "Missouri state highway patrol" and inserting in lieu thereof the word "sheriff"; and further on lines 94-95, by striking the words "general revenue for use by the Missouri state highway patrol" and inserting in lieu thereof the words "the county"; and further on lines 97-98, by striking the following: ", notwithstanding the provisions of section 590.145, RSMo"; and further on line 102, by striking the words "Missouri state highway patrol" and inserting in lieu thereof the following: "county where such permit is renewed"; and further on line 103, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 106, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 107, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on lines 110-111, by striking the words "Missouri state highway patrol troop headquarters where the permit was issued" and inserting in lieu thereof the following: "sheriff who issued the permit"; and further on page 13, line 112, by striking the words "a highway patrol officer" and inserting in lieu thereof the words "the sheriff"; and further on line 115, by striking the words "highway patrol officer" and inserting in lieu thereof the word "sheriff"; and further on line 117, by striking the words "Missouri state highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 123, by striking the words "highway patrol nor any patrol officer" and inserting in lieu thereof the words "sheriff nor any designee"; and further on line 124, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 133, by striking the words "highway patrol's" and inserting in lieu thereof the word "sheriff's"; and further on line 142, by striking the words "Missouri State Highway Patrol" and inserting in lieu thereof the word "Sheriff"; and further on line 149, by striking the words "Missouri State Highway Patrol" and inserting in lieu thereof the following: "Sheriff of ........... County, Missouri"; and further on lines 153-154, by striking the words "Missouri state highway patrol" and inserting in lieu thereof the word "sheriff"; and further on line 157, by striking the words "Missouri state highway patrol" inserting in lieu thereof the word "sheriff"; and further on lines 158-159, by striking the words "highway patrol" and inserting in lieu thereof the word "sheriff"; and further on lines 165-169, by striking all of said lines; and further on line 170, by striking the number "16" and inserting in lieu thereof the number "15"; and further on line 176, by striking the number "17" and inserting in lieu thereof the number "16"; and further on line 177, by striking the words "Missouri state highway patrol" and inserting in lieu thereof the word "sheriff".

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

     Senator Johnson offered SA 6, which was read:

SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 3, Section 571.030, Line 38, by striking the period "." and inserting in lieu thereof the following: "; or

     (12) Carries concealed on or about his person a firearm within six hundred feet of a school, hospital or health clinic."; and further on line 39, by striking "and (11)" and inserting in lieu thereof the following: ", (11) and (12)"; and

     Further amend said bill and section, page 5, line 80, by striking "or (8)" and inserting in lieu thereof the following: ", (8) or (12)".

     Senator Johnson moved that the above amendment be adopted.

     At the request of Senator Johnson, SA 6 was withdrawn.

     Senator Quick offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 14, Section 571.091, Line 176, by inserting immediately after "17." the following: "No permit issued pursuant to this section shall authorize any person to carry a concealed firearm or any other weapon readily capable of lethal use onto any other person's private property without the express permission of the owner or legal occupant of such property. Any person violating this subsection is guilty of a class D felony.

     18.".

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

     Senator Banks offered SA 8, which was read:

SENATE AMENDMENT NO. 8

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 11, Section 571.091, Line 48, by inserting immediately after the comma "," on said line, the following: "the description of the firearm for which the applicant requests a permit,".

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

     Senator Johnson offered SA 9, which was read:

SENATE AMENDMENT NO. 9

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 3, Section 571.030, Line 38, by striking the period "." and inserting in lieu thereof the following: "; or

     (12) Carries concealed on or about his person a firearm within three hundred feet of a school or health clinic."; and further on line 39, by striking "and (11)" and inserting in lieu thereof the following: ", (11) and (12)"; and

     Further amend said bill and section, page 5, line 80, by striking "or (8)" and inserting in lieu thereof the following: ", (8) or (12)".

     Senator Johnson moved that the above amendment be adopted.

     At the request of Senator Johnson, SA 9 was withdrawn.

     Senator Banks offered SA 10:

SENATE AMENDMENT NO. 10

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 1, Section 571.020, Line 1, by inserting immediately before said line the following:

     "21.750. 1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

     2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.

     3. Nothing contained in this section shall prohibit:

     (1) Any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, RSMo, with appropriate penalty provisions[,]; or

     (2) Any ordinance which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction[. This section shall take effect on January 1, 1985.] ; or

     (3) Any ordinance enacted by a county of the first classification having a charter form of government with a population of over nine hundred thousand inhabitants, or a city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county, or a city not within a county which regulates the concealed carrying of firearms readily capable of lethal use."; and

     Further amend the title and enacting clause accordingly.

     Senator Banks moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Russell, Staples, Caskey and Moseley.

     SA 10 failed of adoption by the following vote:

Yeas--Senators
BanksBentleyCurlsGoode
JohnsonMoseleyMuellerScott
SimsWiggins--10
Nays--Senators
CaskeyClayDePascoEhlmann
FlotronGravesHouseHoward
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
RohrbachRussellSingletonStaples
TrepplerWestfall--22
Absent--Senators
QuickSchneider--2
Absent with leave--Senators--None

     Senator Johnson offered SA 11:

SENATE AMENDMENT NO. 11

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 3, Section 571.030, Line 38, by striking the period "." and inserting in lieu thereof the following: "; or

     (12) Carries concealed on or about his person a firearm within three hundred feet of a school or health clinic."; and further on line 39, by striking "and (11)" and inserting in lieu thereof the following: ", (11) and (12)"; and

     Further amend said bill and section, page 5, line 80, by striking "or (8)" and inserting in lieu thereof the following: ", (8) or (12)"; and

     Further amend said bill and section, page 4, line 73, by striking "(10)" and inserting in lieu thereof the following: "(12)".

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

     Senator Moseley offered SA 12:

SENATE AMENDMENT NO. 12

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 3, Section 571.030, Line 37, by striking the words ", or a valid permit" from said line and inserting in lieu thereof a period "."; and further on line 38, by striking all of said line.

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

     Senator Moseley offered SA 13:

SENATE AMENDMENT NO. 13

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 4, Section 571.030, Line 59, by inserting immediately after the semicolon ";" the word "and"; and further on line 60, by placing an opening bracket "[" immediately before the semicolon ";"; and further on line 63, by placing a closing bracket "]" immediately before the period "." on said line.

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

     Senator Moseley offered SA 14:

SENATE AMENDMENT NO. 14

     Amend Senate Committee Substitute for Senate Bill No. 679, Page 5, Section 571.030, Line 86, by placing an opening bracket "[" before the word "Violations"; and further on line 101, by striking the opening bracket "["; and further on said line by striking the number "7."; and further on line 104, by striking the number "6" and inserting in lieu thereof the number "5".

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

     Senator Staples moved that SCS for SB 679, as amended, be adopted, which motion prevailed on a standing division vote.

     Senator Staples moved that SCS for SB 679, as amended, be declared perfected and ordered printed.

     Senator Caskey requested a roll call vote be taken and was joined in his request by Senators Kenney, Klarich, Mathewson and Staples.

     The motion made by Senator Staples for perfection of SCS for SB 679, as amended, failed by the following vote:

Yeas--Senators
BentleyDePascoHouseHoward
JohnsonMathewsonMaxwellMcKenna
MoseleyMuellerQuickRohrbach
ScottStaplesTrepplerWiggins--16
Nays--Senators
BanksCaskeyClayCurls
EhlmannFlotronGoodeGraves
KenneyKinderKlarichMelton
RussellSchneiderSimsSingleton
Westfall--17
Absent--Senator Lybyer--1
Absent with leave--Senators--None

     Senator Mathewson moved that, under the provisions of Senate Rule 48, permission be given for the introduction of a senate bill, which motion prevailed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senators
CurlsLybyerScott--3
Absent with leave--Senators--None

INTRODUCTION OF BILLS

     The following Bill was read the 1st time and 1,000 copies ordered printed:

     SB 981--By Goode, Sims, Mathewson, Banks, Schneider, Wiggins, Lybyer, Staples, Howard, House, Ehlmann, Westfall, Mueller, Curls, Russell, Clay, Quick, Moseley, Johnson, Flotron, Scott, McKenna, Maxwell, Klarich and DePasco.

     An Act to repeal section 144.748, RSMo 1994, relating to use tax, and to enact in lieu thereof one new section relating to the same subject.

REFERRALS

     President Pro Tem Mathewson referred SS for SS for SB 488 to the Committee on State Budget Control.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for SS for SB 687, as amended: Senators Goode, Klarich, Lybyer, Sims and Schneider.

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 conferees to act with a like committee from the Senate on HCS for SS for SB 687, as amended: Representatives Lumpe, Days, Green, Secrest and McClelland.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for SCS for SB 735 and has taken up and passed CCS for HS for SCS for SB 735.

     Emergency clause adopted.

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 1088, regarding the One Hundredth Birthday of Lois C. Wooderson, Trenton, which was adopted.

     Senator Graves offered Senate Resolution No. 1089, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Delmar Fenimore, Bethany, which was adopted.

     Senator Graves offered Senate Resolution No. 1090, regarding the One Hundred Seventh Birthday of Elsie R. Dawson, Paris, which was adopted.

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

SENATE RESOLUTION NO. 1091

     WHEREAS, Japan is one of Missouri's largest international trading partners; and

     WHEREAS, the Missouri State Government operates a trade office in Tokyo; and

     WHEREAS, passenger air service between the United States and Japan is regulated and restricted by a bilateral agreement concluded between the two governments in 1952, before the advent of jet transportation; and

     WHEREAS, the existing U.S.-Japan aviation agreement allows only twelve U.S. cities to have direct passenger air service to Japan; and

     WHEREAS, a new coalition of businesses and labor and political leaders has been formed to liberalize the 1952 aviation agreement and permit more flights from more cities connecting the United States with Japan; and

     WHEREAS, this coalition is known as "ACCESS U.S.-Japan", (the Aviation Coalition for Competition and Expanded Services Between the United States and Japan), and is chaired by Gerald L. Baliles, the former Governor of the Commonwealth of Virginia; and

     WHEREAS, the Governor of Missouri, Mel Carnahan, is a founding member of ACCESS U.S.-Japan; and

     WHEREAS, the restrictive aviation agreement now in force with Japan does not permit Missouri airports to offer flights to Japan; and

     WHEREAS, because of the restrictive agreement now in force, passengers must pay between twenty-five and sixty percent higher fare rates per mile for flights to Japan as compared with flights to other major international destinations; and

     WHEREAS, Trans World Airlines, headquartered in St. Louis, has applied to the United States Department of Transportation to be granted authority to operate nonstop service between St. Louis and Tokyo, and between St. Louis and Osaka; and this application has received formal support from ACCESS U.S.-Japan; and

     WHEREAS, an economic study by Coopers & Lybrand L.L.P. has determined that one flight per day from Tokyo to St. Louis would generate an additional $500 million per year in economic activity for the St. Louis area; and

     WHEREAS, Coopers & Lybrand's economic study has determined that a liberalized aviation agreement between the United States and Japan would generate an additional $9 billion per year throughout the United States; and

     WHEREAS, the President of the United States, William J. Clinton, will travel to Tokyo in April, 1996, for a State Visit, one which will include policy discussions with the Japanese Prime Minister:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, hereby urge President Clinton to seek immediate commencement of negotiations with Japan to liberalize the United States-Japan passenger aviation agreement during his upcoming State Visit to Japan; and

     BE IT FURTHER RESOLVED that the Missouri Senate memorialize the United States Department of Transportation to grant Trans World Airlines' application for authority to offer air service connecting St. Louis with Tokyo and Osaka, Japan; and

     BE IT FURTHER RESOLVED that the Missouri Senate support the efforts of ACCESS U.S.-Japan to promote tourism, trade, and economic growth in Missouri and throughout the United States through expanded aviation service between the United States and Japan; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for President William J. Clinton, for each member of the Missouri Congressional delegation, for the United States Department of Transportation, for Trans World Airlines of St. Louis, and for ACCESS U.S.-Japan, the Honorable Gerald L. Baliles, Chairman.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred CCS for HS for SCS for SB 735, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

     President Pro Tem Mathewson assumed the Chair.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and CCS for HS for SCS for SB 735, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

INTRODUCTIONS OF GUESTS

     Senator Schneider introduced to the Senate, sixty-five fourth grade students from Halls Ferry Elementary School, Florissant; and Cameron Roberson, Suzzi Cadwell, Eric Ferguson and Kimberli Hillard were made honorary pages.

     Senator Kinder introduced to the Senate, Cheryl Smith and her son Stephen, Cape Girardeau; and Stephen was made an honorary page.

     Senator Westfall introduced to the Senate, Kurt Frieden, Lamar.

     Senator McKenna introduced to the Senate, Patricia Stewart and Janine Bell, Jefferson County.

     Senator Sims introduced to the Senate, Charles, Stephanie and Sean Harris, St. Louis; and Stephanie and Sean were made honorary pages.

     Senator Singleton introduced to the Senate, Cheryl and Max Roark, Aaron Weibel and Bruce Anderson, Seneca.

     On behalf of Senators Curls, Wiggins, DePasco, Quick and himself, Senator Kenney introduced to the Senate, Tony Chiaverini and Skip Hutton, Kansas City.

     Senator House introduced to the Senate, the Physician of the Day, Dr. George Workman, Montgomery County.

     Senator Melton introduced to the Senate, Anita Philbrick, Karen Rosewicz, Becky Henningson, Annette Pry and Sandy Fitzpatrick, Cassville.

     Senator Caskey introduced to the Senate, Debbie Boin and Rita Dyson, Osceola; Elzie Berry, Calhoun; and Diana Gladfelter, Millie Henson and Kay Dewees, Warrensburg.

     Senator Moseley introduced to the Senate, Rod Casey and Don Stamper, Columbia.

     Senator Johnson introduced to the Senate, thirty-five eighth grade students from St. Therese Catholic School, Parkville; and Kyle Sebus, Brooke Still, Katy Vogt and Jessica Baker were made honorary pages.

     Senator DePasco introduced to the Senate, Donna Boley, Kansas City.

     Senator Singleton introduced to the Senate, Mike Snow, Neosho.

     Senator Klarich introduced to the Senate, Margaret Bilderback, Sue Hensley, Debbie Yount, Jerry Noble and Mike Jarvis, Potosi; Cyrilla Boyer, Cadet; and Rose Ann Richards, Blackwell.

     Senator Schneider introduced to the Senate, fifty fourth grade students from Robinwood Elementary School, Florissant; and Lindsey Schramm, Amanda Deidrick, Christin Behlmann and Katelyn Reale were made honorary pages.

     Senator Kinder introduced to the Senate, Jean Hearnes and Donna Komorech, Cape Girardeau.

     Senator Moseley introduced to the Senate, Calene Cooper, Nancy Gerardy, Dorothy Grant, Judy Parsons, Megan Pursifull, Sandra Twenter and Marilyn Skipper, Columbia.

     Senator Melton introduced to the Senate, Barbara Hicks and Jane Bailey, Willow Springs.

     Senator Rohrbach introduced to the Senate, MSTA members from the Iberia School District.

     Senator Russell introduced to the Senate, Mr. and Mrs. Lee Eaton, Lebanon.

     Senator Kenney introduced to the Senate, his wife, Sandi, and their children, Carlton, Elizabeth and Billy, Lee's Summit; and Elizabeth and Carlton were made honorary pages.

     Senator Sims introduced to the Senate, the Honorable Judge Timothy Wilson, St. Louis.

     Senator Mathewson introduced to the Senate, Janet Himmelberg, and twenty eighth grade students from Keytesville Middle School, Keytesville; and Susan Atkinson, James Shannon, Katherine Sommerfeld and Britton Bowers were made honorary pages.

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