Journal of the Senate

FIRST REGULAR SESSION


FOURTEENTH DAY--THURSDAY, JANUARY 30, 1997


     The Senate met pursuant to adjournment.

     Senator Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we start each day with a prayer. We acknowledge Your presence and watchcare over us. We accept Your Lordship, ask for Your blessing and covet Your guidance. Have Your way in our life today. Bring out the best that is in us. Make Your presence known to us. Amen.

     The Pledge of Allegiance to the Flag was recited.

     President Pro Tem McKenna assumed the Chair.

     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
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Absent with leave--Senators
JohnsonScott--2
The Lieutenant Governor was present.

CONSTITUTIONAL OBJECTIONS

     Senators Schneider and Banks offered the following:

CONSTITUTIONAL OBJECTION

     We object to further constitutional action to be taken on SCR 3 because its enactment by the General Assembly did not conform to the requirements of Article III and IV of the Constitution and is therefore constitutionally defective.

     SCR 3 has the force and effect of law. In its enactment, the General Assembly has relied upon the provisions of Article XIII, Section 3 to disapprove the salary schedule adopted by the Missouri Citizens's Commission on the Compensation of Elected Officials.

     The salary schedule of the Citizen's Commission on the Compensation of Elected Officials has the force and the effect of law. The commission has full authority to set the compensation for elected officials, including salary, mileage and per diem, at rates different from those formerly set in sections 21.140, 21.145, 26.010, 27.010, 28.010, 29.010, 30.010, 476.380, 477.120, 477.130, 478.013, 478.017, 478.018, 478.019, 478.020 and 478.023, RSMo. The schedule shall be published by the Secretary of State as a part of the session laws and shall be published by the Revisor of Statutes as a part of the Revised Statutes of Missouri.

     The concurrent resolution purports to disapprove the salary schedule which in the absence of such disapproval, is intended to direct and permanently control matters applying to state officials' salaries, and thus the concurrent resolution has the force and effect of law. See State ex rel. Jones vs. Atterbury, 300 S.W. 2d 806 at 817 (Mo. banc 1957).

     A concurrent resolution which has the force and effect of law must meet all of the constitutional requirements established for the passage of a bill. Article IV, Section 8, Behrer v Toberman 227 S.W. 2d 719 (Mo. banc 1950); State ex rel. Jones vs. Atterberry 300 S.W. 2d 806 at 817 (Mo. banc 1957).

     SCR 3 was received from the Senate by the House of Representatives on January 27, 1997 and was referred to the House Committee on Rules, Joint Rules and Bills Perfected and Printed on the same day (House Journal, pp 198-199). The resolution was reported from the committee on January 28 (House Journal p 205) and "adopted" by the House on the same day (House Journal pp 211-212). Therefore the bill was in the possession of and considered by the House of Representatives for only two days.

     SCR 3 was adopted by the House of Representatives in a manner which does not conform to the mandatory requirements of Article III, Section 21 which specify that "every bill shall be read by title on three different days in each house". SCR 3 was first read in the House of Representatives on January 27, was referred to committee on January 27 and was "adopted" by that chamber on January 28, in direct violation to the mandatory provisions of Article III, Section 21 and Article IV, Section 8 of the Constitution.

RESOLUTIONS

     Senator Sims offered Senate Resolution No. 106, regarding Creve Coeur Police Chief Richard Schnarr, which was adopted.

     Senator Clay offered Senate Resolution No. 107, regarding Black Church Week of Prayer for the Healing of AIDS of Greater Kansas City, which was adopted.

     Senator Kenney offered Senate Resolution No. 108, regarding Mr. Jay Greco, Blue Springs, which was adopted.

     Senator Staples offered Senate Resolution No. 109, regarding Clara Staples Wilkins, Salem, which was adopted.

     Senator Graves offered Senate Resolution No. 110, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Forrest Johnson, Craig, which was adopted.

     Senator Caskey offered Senate Resolution No. 111, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Buford Hockett, Adrian, which was adopted.

     Senator Graves offered Senate Resolution No. 112, regarding A & G Restaurant, Maryville, which was adopted.

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

SENATE RESOLUTION NO. 113

     WHEREAS, on November 8, 1994, the voters of Missouri adopted an amendment to the Missouri constitution, codified therein as section 3 of article XIII; and

     WHEREAS, section 3 of article XIII provides that the compensation of statewide elected officials, members of the general assembly and certain members of the judiciary is to be set by the Missouri citizens commission on compensation for elected officials after a review and study of the relationship of the compensation of such officials to the duties of such officials; and

     WHEREAS, the section 3 of article XIII provides that the purpose of the commission is to ensure that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of this state rather than by the general assembly; and

     WHEREAS, in order to fulfill this purpose, the constitution provides that affected public officials shall not receive compensation for the performance of their duties, including salaries, mileage allowances or per diem expense allowances, "other than in the amount established for each office by the Missouri Citizens Commission on Compensation for Elected Officials , and that until July 1, 1997, the only compensation payable to the affected public officials shall be that in effect on the effective date of the amendment to the constitution denominated as article XIII, section 3; and

     WHEREAS, the commission filed its report and schedule of compensation with the secretary of state and the revisor of statutes prior to December 1, 1996, as required by the constitution; and

     WHEREAS, section 3 of article XIII provides that the schedule shall become effective on July 1, 1997, unless disapproved by concurrent resolution adopted by the general assembly prior to February 1, 1997; and

     WHEREAS, section 3 of article XIII provides that implementation of the schedule of compensation, even after its adoption, is "subject to appropriation by the general assembly; and

     WHEREAS, section 3 of article XIII leaves full or partial funding of the recommendations of the commission to the discretion of the general assembly; and

     WHEREAS, the attorney general has opined to the members of the general assembly that If the General Assembly appropriates less money for the compensation of officials than the compensation shown in the Compensation Schedule prepared by the Missouri Citizen s Commission on Compensation for Elected Officials , those officials are to be paid the lesser amount appropriated by the General Assembly rather than the amount shown in the Compensation Schedule. (Attorney General s Opinion No. 91-97, January 20, 1997); and

     WHEREAS, the per diem allowance of thirty-five dollars per day has not been changed for twenty years and is inadequate to provide for expenses of members of the general assembly for lodging and meals while in session; and

     WHEREAS, certain positions of leadership within the general assembly involve duties additional to those provided by law for other members of the general assembly, including presiding over the respective houses of the general assembly, administration of each respective house, representation of the viewpoint of groups of legislators in determining policy of each house, coordination of the proceedings of each house, and presiding and coordinating the consideration of the proposed state budget in the general assembly; and

     WHEREAS, the per diem reimbursement for actual and necessary expenses incurred during meetings of the Missouri judicial conference, which requires mandatory attendance by Missouri judges, has been historically the same amount as that provided for members of the general assembly; and

     WHEREAS, the chief justice of the supreme court has historically received a differential in salary in the amount of two thousand five hundred dollars per year, in compensation for additional administrative duties associated with such position; and

     WHEREAS, although Missouri law supports the concept of a part-time legislature which meets approximately five months per year, legislators are frequently called upon to serve on interim committees exploring areas to be addressed in future legislative sessions and are also expected to be available to address constituent needs and problems regarding state government in their home districts; and

     WHEREAS, current policies of the federal government have resulted in many governmental functions formerly exercised by the national government being transferred to state governments, including environmental regulation, public assistance, public health care, low income housing programs and special education programs, which have resulted in the need for well-informed legislators who must devote an increasing amount of time resolving problems now confronting state government; and

     WHEREAS, the plain language of section 3 of article XIII suggests that if the general assembly adopts a concurrent resolution prior to February 1, 1997, disapproving the initial schedule of compensation filed by the commission, any compensation payable for the offices under the jurisdiction of the commission will be eliminated since the constitution states that the only salary payable is in the amount established for each office by the Missouri Citizens Commission on Compensation for Elected Officials ; and

     WHEREAS, it is in the best interests of the state to avoid ambiguity and potential litigation in association with interpretation of the provisions of section 3 of article XIII of the constitution; and

     WHEREAS, the general assembly has considered the 1996 Report and Compensation Schedule (Appendix A) of the Missouri Citizens Commission on Compensation for Elected Officials dated November 30, 1996, and decides that the eighty-ninth general assembly shall fund the recommendations of the commission only to the extent as follows;

     NOW, THEREFORE, BE IT RESOLVED by the senate, eighty-ninth general assembly, that, upon adoption of the resolution by a majority of the elected members, the maximum amount of compensation to be funded by the eighty-ninth general assembly pursuant to the report and schedule of compensation filed by the Missouri citizens commission on compensation for elected officials shall be as follows:

     1. A per diem allowance for members of the general assembly for each day on which the journal of the senate or house of representatives, respectively, shows the presence of the senator or representative, in the amount indexed to seventy percent of the federal standard promulgated by the Internal Revenue Service of the Department of the Treasury for Jefferson City, Missouri, as amended from time to time, but not less than seventy dollars;

     2. The base salary for members of the general assembly in the amount as provided for fiscal year 1997;

     3. The differential in salary for the positions in leadership within the general assembly shall be as provided for fiscal year 1997;

     4. With respect to statewide elected officials, the base salaries provided the governor, lieutenant governor, secretary of state, state treasurer, state auditor and the attorney general in the amounts as provided for fiscal year 1997;

     5. With respect to the judiciary:

     (a) The base salary of the judges of the supreme court, court of appeals, circuit courts and the associate circuit divisions of the circuit courts, in the amount as provided for fiscal year 1997;

     (b) The amount of per diem reimbursement for expenses incurred during meetings of the Missouri judicial conference calculated in the same manner as the amount of per diem is calculated for legislators;

     (c) The chief justice of the supreme court shall receive the additional two thousand five hundred dollars as provided for fiscal year 1997;

     6. A mileage allowance for affected public officials indexed to the mileage allowance provided to other state employees for travel associated with the performance of their duties;

     BE IT FURTHER RESOLVED that the secretary of the senate is instructed to inform the House of Representatives, the governor and the secretary of state of the adoption of this resolution by delivering a properly certified copy of this resolution to the Chief Clerk of the House of Representatives and to such persons upon adoption of this resolution.

     Senator Singleton offered Senate Resolution No. 114, regarding the Eightieth Wedding Anniversary of Mr. and Mrs. Arvel Long, Rocky Comfort, which was adopted.

     Senator Sims offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 115

     WHEREAS, the Missouri General Assembly has compiled a long tradition of rendering assistance to those programs aimed at developing exemplary qualities of citizenship and leadership within our youth; and

     WHEREAS, the Missouri Girls State program of the American Legion Auxiliary has earned considerable recognition for its success in providing young women with a unique and valuable insight into the process of democratic government through a format of direct role- playing experience; and

     WHEREAS, during June 1997, the American Legion Auxiliary, Department of Missouri, is conducting the fifty-sixth annual session of Missouri Girls State; and

     WHEREAS, an important highlight of this event would be conducting a mock legislative session in the Senate Chamber at our State Capitol, where participants could gather to gain a more realistic insight into official governmental and electoral proceedings;

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, hereby grant the adult leaders and participants of the Fifty-sixth Session of Missouri Girls State permission to use the Senate Chamber for the purpose of swearing in mock legislative officials and conducting a mock legislative session on Tuesday, June 10, 1997.

     Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 116

     WHEREAS, the members of the Missouri Senate have been deeply pleased to learn of the promotion of Jeffrey L. Brant, currently of Fort Leavenworth, Kansas, to the rank of Lt. Colonel United States Army, effective February 1, 1997; and

     WHEREAS, Lt. Colonel Brant, born in Warrensburg, Missouri, attended school in Kansas City, Camdenton, graduated from Central Missouri State University in Warrensburg, where he was an ROTC Distinguished Military Graduate in 1980, and where he was commissioned a 2nd. Lieutenant, U.S. Army, in May of 1980; and

     WHEREAS, Lt. Colonel Brant graduated from the 82nd Airborne School in 1980 and was a member of the 101st Airborne Assault at Fort Campbell, Kentucky; and

     WHEREAS, during his 17 years of active military service, Lt. Colonel Brant completed a 3 year tour of duty in Germany plus overseas tours in Saudi Arabia and Somalia, and also taught ROTC at the University of Wisconsin-Madison, for 3 years; and

     WHEREAS, Lt. Colonel Brant has particularly close ties to the Missouri Senate because his mother, Mrs. Lin Williams, served for a number of years as secretary to the late Senator Norman Merrell and is currently secretary of our colleague, the Senator from the 10th District, Senator Harry Wiggins; and

     WHEREAS, Lt. Colonel Brant has been married to Dr. Mary M. Brant since 1979, and they have two children, Lauren E. Brant, 13, and Nathan A. Brant, 3. He is also the son of Allen Brant, Independence, MO., brother of John A. Brant, Christmas, Florida, and brother of Valerie M. (Brant) Cox, St. Louis, MO. and the grandson of Lt. Col. (Ret.) USAF and Mrs. Jess E. White, Jefferson City, MO., Mrs. Eursie Brant and the late Lester Brant of Independence, MO.; and

     WHEREAS, Lt. Colonel Brant, during his distinguished military career has received Meritorious Service Medals, Joint Commendation Medal, Army Commendation Medal, Army Achievement Medal, Southwest Asia Service Medal, United Nations Medal, Army Forces Expedition Medal, Kuwait Liberation Medal, National Defense Service Ribbon; and

     WHEREAS, Lt. Colonel Brant will receive the honor of having the silver leaves pinned on by his grandfather, Lt. Colonel Jess E. White (Ret.) USAF, of Jefferson City, at a ceremony attended by his proud family and many friends;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the outstanding accomplishments of Lt. Colonel Jeffrey L. Brant on the occasion of his promotion to Lt. Colonel, express their appreciation for his lifetime of good citizenship and his distinguished military career, and extend to Lt. Colonel Brant, his family and many friends most sincere best wishes for many long years continued good health, success and happiness; and

     BE IT FURTHER RESOLVED, that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the family of Lt. Colonel Jeffrey L. Brant, as a measure of our esteem for him.

     Senator Maxwell offered Senate Resolution No. 117, regarding Mr. Nelson J. Glasgow, Arbela, which was adopted.

     Senator Howard offered Senate Resolution No. 118, regarding Kendall Seal, Piedmont, which was adopted.

INTRODUCTION OF BILLS

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

     SB 315--By Staples.

     An Act to repeal sections 304.050 and 307.375, RSMo 1994, relating to crossing control arms on school buses, and to enact in lieu thereof two new sections relating to the same subject.

     SB 316--By Kenney.

     An Act to repeal section 301.025, RSMo Supp. 1996, relating to personal property tax receipts used for motor vehicle registration, and to enact in lieu thereof one new section relating to the same subject.

     SB 317--By Kenney.

     An Act to amend chapter 116, RSMo, by adding thereto one new section relating to ballot measures.

     SB 318--By Kenney.

     An Act to authorize the conveyance of certain lands by the department of mental health in Jackson County.

     SB 319--By Howard.

     An Act to repeal section 191.331, RSMo 1994, relating to newborn testing, and to enact in lieu thereof one new section relating to the same subject.

     SB 320--By Howard.

     An Act to repeal sections 256.453 and 256.468, RSMo 1994, relating to registration of geologists, and to enact in lieu thereof two new sections relating to the same subject.

     SB 321--By Jacob.

     An Act to repeal sections 226.520, 226.527, 226.540 and 226.585, RSMo 1994, relating to regulation of outdoor advertising, and to enact in lieu thereof six new sections relating to the same subject, with a referendum clause and penalty provisions.

     SB 322--By Jacob.

     An Act to repeal sections 174.620 and 175.021, RSMo 1994, and sections 172.035, 174.055 and 174.610, RSMo Supp. 1996, relating to certain institutions of higher education, and to enact in lieu thereof nine new sections relating to the same subject.

     SB 323--By Graves.

     An Act to amend chapter 190, RSMo, by adding thereto one new section relating to ambulance districts.

     SB 324--By Clay.

     An act to amend chapter 431, RSMo, relating to construction indemnification agreements by adding thereto one new section relating to the same subject.

     SB 325--By Clay and Curls.

     An Act to amend chapter 290, RSMo, by adding eleven new sections relating to rights and remedies with respect to wrongful discharge from employment.

     SB 326--By Scott.

     An Act to repeal section 389.060, RSMo 1994, relating to railroad passengers, and to enact in lieu thereof one new section relating to the same subject.

REPORTS OF STANDING COMMITTEES

     Senator Mathewson resumed the Chair.

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

     Mr. President: Your Committee on Judiciary, to which was referred SB 169, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 169, Page 3, Section 287.615, Line 19, by inserting immediately in front of the word "In" an opening bracket "[" ; and

     Further amend said bill and section, Page 4, Line 22, by inserting immediately after "3." a closing bracket "]"; and further amend Line 24, by inserting immediately before the comma "," an opening bracket "["; and further amend Line 25, by inserting immediately after "charge" a closing bracket "]".

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 121, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Caskey, Chairman of the Committee on Ethics, submitted the following report:

     Mr. President: Your Committee on Ethics, to which was referred SB 16, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following report:

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 11, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 11, Page 1, In the Title, Line 3, by striking "and 57.317"; and inserting in lieu thereof: ", 57.317 and 57.550" and

     Further amend Page 1, In the title, Line 5, by striking "sixteen" and inserting in lieu thereof: "seventeen"; and

     Further amend said bill, Page 1, Section A, Line 2, by striking "and 57.317" and inserting in lieu thereof: ", 57.317 and 57.550"; and

     Further amend said bill, Page 1, Section A, Line 3, by striking "sixteen" and inserting in lieu thereof: "seventeen"; and

     Further amend said bill, Page 1, Section A, Line 6, by inserting immediately after "57.317," the following: "57.550,"; and

     Further amend said bill, Page 34, Section 57.317, Line 57, by inserting immediately after all of said line the following:

     "57.550. The sheriff of the city of St. Louis shall receive for his services the sum of [sixty] sixty-five thousand dollars per annum. Said sum and the compensation of his deputies and assistants shall be paid out of the treasury of the city of St. Louis in equal semimonthly installments. For additional duties hereunder imposed, the sheriff shall mail all petit jury summons.".

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

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 51, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Transportation, to which was referred SB 19, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 19, Page 1, Section 1, Lines 1-3, by deleting all of subsection 1 from the bill and renumbering the remaining subsections accordingly; and

     Further amend said bill, page 2, section 2, line 4, by inserting immediately after the word "operator's" the following: "license or"; and

     Further amend said bill, page 2, section 2, line 20, by inserting immediately after "individual's" the following: "motor vehicle"; and

     Further amend said bill, page 3, section 2, lines 48-52, by striking the words "It is the" from line 48 and by striking all of lines 49-52 and by inserting in lieu thereof the following: "No personal information in motor vehicle records may be disclosed under this subsection where individuals have prohibited such disclosure under subsection 2 of this section. No person obtaining motor vehicle records under this subsection may redisclose or disseminate personal information contained in such motor vehicle records to the public or to any other entity except to individuals directly involved in producing the newspaper, book, magazine, broadcast or other form of public communication.".

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

     Mr. President: Your Committee on Appropriations, to which was referred SB 22, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Commerce and Environment, to which was referred SB 72, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 72, Page 1, In the Title, Line 2, by inserting immediately after "643.335" the following: ", 643.350"; and

     Further amend Page 1, In the Title, Line 4, by striking "five" and inserting in lieu thereof: "six"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting immediately after "643.335" the following: ", 643.350"; and

     Further amend said bill, Page 1, Section A, Line 2, by striking "five" and inserting in lieu thereof: "six"; and

     Further amend said bill, Page 1, Section A, Line 3, by inserting immediately after "643.335" the following: ", 643.350"; and

     Further amend said bill, Page 3, Section 643.310, Line 55, by inserting after "643.355.", the following: "A license shall be for a period of up to seven years and licenses shall be annually reviewed. A license may be suspended or revoked if the licensee is not meeting the conditions of sections 643.300 to 643.355, all applicable rules, the license contract or the license agreement as determined by the department. A licensee found to have violated sections 643.300 to 643.355, applicable rules or the conditions of the license contract or license agreement shall be in violation of section 643.151 and subject to the penalties provided thereunder."; and

     Further amend said bill, Page 3, Section 643.310, Line 57, by striking "renewal" and inserting in lieu thereof "review"; and

     Further amend said bill, Page 11, Section 643.335, Line 41, by inserting immediately after all of said line the following:

     "643.350. 1. A fee, not to exceed twenty-four dollars, may be charged for an emissions inspection conducted under the emissions inspection program established pursuant to sections 643.300 to 643.355, except that on days of operation, other than the last three days of operation in each calendar month, the fee shall be reduced by:

     (1) Five dollars for any person who is required to wait more than fifteen minutes before the inspection begins;

     (2) Ten dollars for any person who is required to wait more than thirty minutes before the inspection begins; and

     (3) Twenty dollars for any person who is required to wait more than sixty minutes before the inspection begins.

     2. The commission shall establish, by rule, a time-stamping system to ensure that the time of arrival and the time inspection begins is accurately recorded for each vehicle at each emissions inspection facility.

     3. The fee shall be conspicuously posted on the premises of each emissions inspection station.

     4. The commission shall establish, by rule, the portion of the fee amount to be remitted by the contractor to the director of revenue and the number of days allowed for remitting fees.

     5. The contractor shall remit the portion of fees collected, as established by the commission under this section, to the director of revenue within the time period established by the commission. The director of revenue shall deposit the fees received in the state treasury to the credit of the "Missouri Air Emission Reduction Fund", which is hereby created. Moneys in the fund shall, subject to appropriation, be expended for the administration and enforcement of sections 643.300 to 643.355 by the department of natural resources, the Missouri highway patrol and other appropriate agencies. Any balance in the fund at the end of the biennium shall remain in the fund and shall not be subject to the provisions of section 33.080, RSMo. All interest earned by moneys in the fund shall accrue to the fund.

     6. In addition to funds from the Missouri air emission reduction fund, costs of capital or operations may be supplemented, upon appropriation, from the general revenue fund, the state highway department fund, federal funds or other funds available for that purpose.".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 72, Page 2, Section 643.310, Line 13, by placing an opening bracket "[" before the comma ","; and further amend line 17 by placing a closing bracket "]" after the numeral "7545".

     On behalf of Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, Senator Quick submitted the following report:

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 18, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 18, Page 4, Section 306.100, Line 71, by inserting after the word "length" the following: "except canoes"; and further on line 75 of said section by inserting at the end of said line the following: "Every canoe sixteen feet or more in length shall have on board at least one type IV throwable personal flotation device for each person on board."; and

     Further amend said bill and section, page 5, line 85, by inserting before the word "canoes" the following: "racing".

     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 SB 55, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 132, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 132, Page 2, Section 115.361, Line 29 by inserting immediately after the word "filing" the following: "for that office"; and further amend line 30, by striking the word "customary" and inserting in lieu thereof the word "statutory".

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

     Mr. President: Your Committee on Education, to which was referred SB 168, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Maxwell, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred SB 163, begs leave to report that it has considered the same and recommends that the bill do pass.

INTRODUCTION OF BILLS

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

     SB 327--By Sims.

     An Act to amend chapter 197, RSMo, by adding thereto eleven new sections relating to transfers of assets by nonprofit hospitals.

     SB 328--By House, Flotron, Rohrbach, Wiggins and Klarich.

     An Act to amend chapter 538, RSMo, by adding two new sections relating to tort actions based on improper health care.

     SB 329--By Goode, Schneider and Flotron.

     An Act relating to the licensing of brewers.

     SB 330--By Maxwell.

     An Act to repeal sections 96.230, 96.240, 96.250, 96.260, 96.270, 96.280, 96.290, 205.590, 205.600, 205.610, 205.620, 205.640, 205.650, 205.660, 205.670, 205.680, 205.690, 205.700, 205.710, 205.720, 205.730, 205.740, 205.750, 205.760, 205.765, 205.766, 205.767, 205.769, 205.770, 205.780, 205.790, 205.800, 205.810, 205.820, 205.830, 205.840, 205.850, 205.860, 205.870, 205.880, 205.890, 205.900, 205.910, 205.920, 205.930, 205.940, 205.950, 208.015, 251.470, 251.473, 251.476, 251.479, 251.481, 251.483 and 251.485 RSMo 1994, and section 205.565, RSMo Supp. 1996, relating to governmental reorganization, and to enact in lieu thereof sixteen new sections relating to the same subject, with an emergency clause.

REPORTS OF STANDING COMMITTEES

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

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

     Patrick R. Brady, as a member of the Missouri Health Facilities Review Committee;

     Also,

     John F. Bass, as a member of the Coordinating Board for Higher Education;

     Also,

     Patricia S. Joyce, as a member of the Lincoln University Board of Curators;

     Also,

     Richard J. Barr, as a member of the Missouri Board for Architects, Professional Engineers and Land Surveyors;

     Also,

     Charlotte R. York, LPN, as a member of the State Board of Nursing;

     Also,

     Barry M. Kayes, as a member of the Air Conservation Commission;

     Also,

     W. Dudley McCarter, as a member of the Children's Trust Fund;

     Also,

     Michael H. Metzler, M.D., as a member of the State Advisory Council on Emergency Medical Services;

     Also,

     Karen Touzeau, as a member of the Personnel Advisory Board;

     Also,

     Theresa K. Blume, as a member of the Organ Donation Advisory Committee;

     Also,

     Gary P. Riedel, as a member of the Missouri Ethanol and Other Renewable Fuel Sources Commission;

     Also,

     Sheryl L. Cheves, as a member of the Missouri Community Services Commission;

     Also,

     Yolanda Lorge, as a member of the State Committee of Psychologists;

     Also,

     Jacqueline McKinsey, as a member of the Missouri Women's Council;

     Also,

     H. Darrell Waisner, as a member of the Missouri Housing Development Commission;

     Also,

     Carolyn J. Walker, as a member of the State Board of Cosmetology;

     Also,

     Elizabeth Baker Brown, as a member of the State Soil and Water Districts Commission;

     Also,

     Larry L. Hendren, as a member of the State Board of Geologist Registration.

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

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

SECOND READING OF SENATE BILLS

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

     SB 310--Education.

INTRODUCTION OF BILLS

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

     SB 331--By Wiggins.

     An Act to repeal section 144.062, RSMo 1994, relating to certain sales tax exemptions, and to enact in lieu thereof one new section relating to the same subject.

MESSAGES FROM THE GOVERNOR

     The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 1997

TO THE SECRETARY OF THE SENATE

89TH GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Concurrent Resolution No. 1.

The Board of Curators of the University of Missouri desires to convey property constituting the University Park in Kansas City, Jackson County to the Ewing Marion Kauffman Foundation.

     On January 29, 1997, I approved said Senate Concurrent Resolution No. 1.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 29, 1997

TO THE SECRETARY OF THE SENATE

89TH GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

     Herewith I return to you Senate Concurrent Resolution No. 3.

The 89th General Assembly rejects the 1996 Compensation Schedule (Appendix A) of the 1996 Report and Compensation Schedule of the Missouri Citizens Commission on Compensation for Elected Officials, dated November 30, 1996.

     On January 29, 1997, I approved said Senate Concurrent Resolution No. 3.

Respectfully submitted,

MEL CARNAHAN

Governor

     On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, February 3, 1997.