Journal of the Senate

FIRST REGULAR SESSION


NINETEENTH DAY--MONDAY, FEBRUARY 10, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Zechariah, in the Old Testament wrote, "Here is Your part, Tell the truth. Be fair. Live at peace with everyone." Lord, we could ask for nothing more from our neighbors or expect anything less from ourselves. We pray that it will be so. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, February 6, 1997, was read and approved.

     The following Senators were present during the day's proceedings:
Present--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Curls--1
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 188, regarding David E. Martin, Belton, which was adopted.

     Senator Caskey offered Senate Resolution No. 189, regarding Robert J. Frank, Raymore, which was adopted.

     Senator Graves offered Senate Resolution No. 190, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Keith Stanton, Savannah, which was adopted.

     Senator McKenna offered Senate Resolution No. 191, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Robert L. Shelley, Sr., Affton, which was adopted.

     Senator Kenney offered Senate Resolution No. 192, regarding the Sixty- fifth Wedding Anniversary of Mr. and Mrs. Harvey Whiting, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 193, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Wayne Shakespeare, which was adopted.

     Senator Kenney offered Senate Resolution No. 194, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Sidney Hampton, Independence, which was adopted.

     Senator Schneider offered Senate Resolution No. 195, regarding the One Hundred Third Birthday of Mildred C. Graham, Florissant, which was adopted.

     Senator Graves offered Senate Resolution No. 196, regarding the Ninetieth Birthday of Ralph Kneale, Oregon, which was adopted.

     Senator Graves offered Senate Resolution No. 197, regarding Shanee Perkins, Green City, which was adopted.

     Senator Graves offered Senate Resolution No. 198, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. J.C. "Jake" Symmonds, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 199, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Victor Hatcher, Harris, which was adopted.

     Senator Graves offered Senate Resolution No. 200, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Gary Hostetter, Milan, which was adopted.

     Senator Graves offered Senate Resolution No. 201, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Hugh Wallace, Mound City, which was adopted.

     Senator Graves offered Senate Resolution No. 202, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Dewaine W. Swearengen, Browning, which was adopted.

     Senator Graves offered Senate Resolution No. 203, regarding the Forty- fifth Wedding Anniversary of Mr. and Mrs. Lewis Kimberling, Jamesport, which was adopted.

     Senator Graves offered Senate Resolution No. 204, regarding Irene Persell, Washington, which was adopted.

     Senator Graves offered Senate Resolution No. 205, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Carl Meek, Maysville, which was adopted.

     Senator Graves offered Senate Resolution No. 206, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Earl Peregrine, Elmo, which was adopted.

     Senators Maxwell and Caskey offered Senate Resolution No. 207, regarding the death of Dr. Gilbert C. Kohlenberg, Bunker Hill, which was adopted.

     Senator McKenna offered Senate Resolution No. 208, regarding Beth Remming, which was adopted.

     Senator McKenna offered Senate Resolution No. 209, regarding Jedda Farrell, which was adopted.

INTRODUCTION OF BILLS

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

     SB 366--By Maxwell.

     An Act to repeal sections 205.969, 205.970 and 205.971, RSMo 1994, and section 205.968, RSMo Supp. 1996, relating to services for persons with developmental disabilities, and to enact four new sections relating to the same subject.

     SB 367--By Caskey.

     An Act to repeal section 217.705, RSMo 1994, and sections 565.084 and 571.030, RSMo Supp. 1996, relating to probation and parole officers, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

     SB 368--By Caskey.

     An Act to repeal section 140.170, RSMo Supp. 1996, relating to delinquent property taxes, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     SB 369--By Russell and Westfall.

     An Act relating to a prohibition on the tattooing or body piercing of a minor without the consent of such minor's parent or guardian, with a penalty provision.

     SB 370--By DePasco.

     An Act to repeal sections 115.013 and 115.379, RSMo 1994, and sections 115.127, 115.359, 115.361, 115.363 and 115.373, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof seven new sections relating to the same subject.

     SB 371--By Quick.

     An Act relating to certain road districts.

SENATE BILLS FOR PERFECTION

     Senator Mathewson moved that SB 16, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 16, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 16

     An Act to repeal sections 105.450, 105.472, 105.492, 105.957, 105.959, 105.961, 105.963, 105.969, 130.016, 130.021, 130.031, 130.032, 130.036, 130.038, 130.053, 130.054 and 130.056, RSMo 1994, and sections 105.483, 105.487, 130.011, 130.034, 130.041, 130.046, 130.052, 130.100, 130.120, 130.130 and 130.140, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof twenty-two new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Mathewson moved that SCS for SB 16 be adopted.

     Senator Johnson assumed the Chair.

     Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 5, Section 105.483, Line 38, by striking the word "official" and inserting the word "office"; and

     Further amend said bill, Page 36, Section 130.021, Line 151, by inserting immediately after all of said line the following:

     "11. If a committee domiciled in this state receives a contribution of five thousand dollars or more from any committee domiciled outside this state, the committee domiciled in this state shall file a disclosure report with the Missouri ethics commission. The report shall disclose the full name, mailing address, telephone numbers and domicile of the committee domiciled outside this state and the date and amount of the contribution. The report shall be filed within forty-eight hours of the receipt of such contribution."; and

     Further amend said bill, Page 57, Section 130.054, Line 1, by inserting immediately before said line the following:

     "130.051. 1. Any person who is not a defined committee who makes an expenditure or expenditures aggregating five hundred dollars or more in support of or opposition to one or more candidates or in support of or in opposition to the qualification or passage of one or more ballot measures, other than a contribution made directly to a candidate or committee, shall file a report signed by the person making the expenditure, or that person's authorized agent, disclosing the name and address of the person making the expenditure, the date and amount of the expenditure or expenditures, the name and address of the payee, and a description of the nature and purpose of each expenditure. Such report shall be filed with the appropriate officer for the candidate or ballot measure in question as set forth in section 130.026 within fourteen days after the date of making an expenditure which by itself or when added to all other such expenditures during the same campaign equals five hundred dollars or more. If, after filing such report, additional expenditures are made, a further report shall be filed at the date set forth in section 130.046 for any reporting period in which the additional expenditures are made; except that, if any such expenditure amounting to five hundred dollars or more is made within fourteen days prior to an election, the report shall be filed within forty-eight hours after the date of such expenditure. The provisions of this subsection shall not apply to a person who uses only its funds or resources to make an expenditure or expenditures in support of or in coordination or consultation with a candidate or committee, provided that any such expenditure is recorded as a contribution to that candidate or committee and so reported by the candidate or committee being supported by the expenditure or expenditures.

     2. The internal dissemination by any membership organization, proprietorship, labor organization, corporation, association or other entity, except a committee as defined in section 130.011, of information advocating the election or defeat of a candidate or the passage or defeat of a ballot measure to its members, employees or shareholders, the cost of which is more than two thousand dollars in support of or in opposition to one or more candidates or in support of or in opposition to the qualification or passage of one or more ballot measures in a calendar year, other than a contribution made directly to a candidate or committee, shall be reported in a report signed by the person responsible for making the expenditure, or that person's authorized agent, disclosing the name and address of the person making the expenditure, the date and amount of the expenditure or expenditures, the name and address of the payee, and a description of the nature and purpose of the dissemination of information. Such report shall be filed with the appropriate officer for the candidate or ballot measure in question as set forth in section 130.026 within fourteen days after the date of making an expenditure. If, after filing such report, additional expenditures are made, a further report shall be filed at the date set forth in section 130.046 for any reporting period in which the additional expenditures are made; except that, if any such expenditure amounting to five hundred dollars or more is made within fourteen days prior to an election, the report shall be filed within forty-eight hours after the date of such expenditure.

     3. An out-of-state committee which, according to the provisions of subsection 10 of section 130.021, is not required to file a statement of organization and is not required to file the full disclosure reports required by section 130.041 shall file reports with the Missouri ethics commission according to the provisions of this subsection if the committee makes contributions or expenditures in support of or in opposition to candidates or ballot measures in this state in any election covered by this chapter or makes contributions to any committee domiciled in this state. An initial report shall be filed on or within fourteen days prior to the date such out-of-state committee first makes a contribution or expenditure in this state, and thereafter reports shall be filed at the times and for the reporting periods prescribed in subsection 1 of section 130.046. Each report shall contain:

     (1) The full name [and], address and domicile of the committee making the report and the name, residential and business addresses [and], telephone numbers and domicile of the committee's treasurer;

     (2) The name and address of any entity such as a labor union, trade or business or professional association, club or other organization, or any business entity with which the committee is affiliated;

     (3) A statement of the total dollar amount of all funds received by the committee in the current calendar year and a statement of the total contributions in the same period from persons domiciled in this state and a list by name, address, date and amount of each Missouri resident who contributed an aggregate of more than two hundred dollars in the current calendar year;

     (4) A list by name, address, date and amount regarding any contributor to the out-of-state committee, regardless of state of residency, who made a contribution during the reporting period which was restricted or designated in whole or in part for use in supporting or opposing a candidate, ballot measure or committee in this state or was restricted for use in this state at the committee's discretion, or a statement that no such contributions were received;

     (5) A statement as to whether the committee is required to file reports with the Federal Election Commission, and a listing of agencies in other states with whom the committee files reports, if any;

     (6) A separate listing showing contributions made in support of or opposition to each candidate or ballot measure in this state, together with the date and amount of each contribution[.]; and

     (7) A separate listing showing contri-butions made to any committee domiciled in this state with the date and amount of each contribution.

     4. In the case of a political party committee's selection of an individual to be the party's nominee for public office in an election covered by this chapter any individual who seeks such nomination and who is a candidate according to the definition of the term "candidate" in section 130.011 shall be required to comply with all requirements of this chapter; except that, for the purposes of this subsection, the reporting dates and reporting periods in section 130.046 shall not strictly apply, and the first reporting date shall be no later than the fifteenth day after the date on which a nomination covered by this subsection was made and for the period beginning on the date the individual became a candidate, as the term "candidate" is defined in section 130.011, and closing on the tenth day after the date the nomination was made, with subsequent reports being made as closely as practicable to the times required in section 130.046.

     5. If a candidate committee under the control or direction of an incumbent officeholder collects receipts or makes disbursements to defray expenses incidental to that individual's seeking any office or position arising out of or in conjunction with the holding of the public office, including a post selected by the members of a legislative body, the committee shall in addition to other reports required by this chapter file a report containing information as required by section 130.041 by the seventh day prior to the caucus or meeting at which such an office or position is filled, complete through the twelfth day prior to such meeting.

     6. The receipt of any late contribution or loan of more than one thousand dollars by a candidate committee supporting a candidate for statewide office or more than five hundred dollars by any other committee shall be reported to the appropriate officer within forty-eight hours after receipt. For the purpose of this subsection the term "late contribution or loan" means a contribution or loan received after the closing date of the last disclosure report required to be filed before an election but received prior to the date of the election itself. The disclosure report of a late contribution may be made by any written means of communication, setting forth the name and address of the contributor or lender and the amount of the contribution or loan and need not contain the signatures and certification required for a full disclosure report described in section 130.041. A late contribution or loan shall be included in subsequent disclosure reports without regard to any special reports filed pursuant to this subsection."; and

     Further amend the title and enacting clause accordingly.

     Senator Mathewson moved that the above amendment be adopted.

     Senator Flotron offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Committee Substitute for Senate Bill No. 16, Page 1, Section 130.021, Line 11, by adding before the ".", the following "for contributions not included in the last reporting date prior to the election".

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

     Senator Goode offered SA 2 to SA 1, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Committee Substitute for Senate Bill No. 16, Page 1, Line 5, by deleting the word "five" and in its place put the word "one".

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

     President Wilson assumed the Chair.

     Senator Johnson resumed the Chair.

     SA 1, as amended, was again taken up.

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

     Senator Mathewson offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 35, Section 130.021, Line 140, by striking all of said line and inserting in lieu thereof the following: "10."; and further amend line 141, by striking all of said line and inserting in lieu thereof the following: "A committee domiciled outside this state shall be"; and further amend line 142, by striking the word "nor" and inserting in lieu thereof the following: "and"; and further amend line 143, by striking "nor" and inserting in lieu thereof the following: "and"; and further amend line 146, by striking "does not exceed" and inserting in lieu thereof the following: "exceeds"; and further amend Pages 35 and 36, lines 150 and 151, by striking "does not exceed" and by inserting in lieu thereof the following: "exceeds".

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

     Senator Goode offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 1, In the Title, Line 5, by inserting after "130.034," the following: "130.037,"; and

     Further amend said bill, Page 1, In the Title, Line 7, by striking the word "twenty-two" and inserting in lieu thereof "twenty-three"; and

     Further amend said bill, Page 1, Section A, Line 4, by inserting after "130.034," the following: "130.037,"; and

     Further amend said bill, Page 1, Section A, Line 6, by striking the word "twenty-two" and inserting in lieu thereof "twenty-three"; and

     Further amend said bill, Page 1, Section A, Line 9, by inserting after "130.036," the following: "130.037,"; and

     Further amend said bill, Page 47, Section 130.036, Line 87, by inserting immediately after all of said line the following:

     "130.037. Candidates whose report filed pursuant to subdivision 3 of subsection 1 of section 130.046 reflects outstanding obligations in excess of moneys on hand, may convert their campaign committee to a debt service committee as provided in this section. If a debt service committee is formed, the committee may accept contributions from any person as long as the aggregate contribution from such person does not exceed the limits set for the election cycle, pursuant to section 130.032, for the election cycle in which the debt was incurred. A person who contributes to a debt service committee of a candidate may also contribute to the candidate's campaign committee for a succeeding election up to the amounts specified in section 130.032.

     [130.037. 1. Notwithstanding other provisions of the law to the contrary, any person who was a candidate at an election held on or before November 8, 1994, may form two candidate committees if that person's candidate committee reported outstanding obligations in excess of moneys on hand on the first report submitted pursuant to section 130.041 after November 8, 1994. One such committee shall be dedicated solely to raising moneys to pay off outstanding obligations of the candidate. The committee may accept funds from the candidate committee to pay off outstanding obligations. The committee may not engage in activities in support of the candidate for which it was formed, other than activities directly related to the retirement of debt. The committee may not contribute moneys to any other committee and may not make direct expenditures on behalf of any ballot issue. It may raise funds to retire the candidate's debt under the provisions of law in effect prior to November 8, 1994, so long as those contributions are expressly made to retire outstanding debt and are applied toward retiring such debt, but otherwise the provisions of this chapter apply. The treasurer and the candidate shall terminate the committee pursuant to section 130.021 within thirty days of its payment of the outstanding debt.

     2. If a candidate has formed or forms a candidate committee to raise funds for a future election, that committee may accept contributions in the amount authorized by law and may use any contributions received for any purpose lawful under this chapter, except the payment of debt incurred before November 8, 1994. Moneys in the official depository accounts of the two committees cannot be commingled.

     3. The provisions of this section shall expire December 31, 1996.]".

     Senator Goode moved that the above amendment be adopted.

     Senator Banks assumed the Chair.

     Senator Howard offered SSA 1 for SA 3:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for Senate Bill No. 16, Page 1, In the Title, Line 5, by inserting after "130.034," the following: "130.037,"; and

     Further amend said bill, Page 1, In the Title, Line 7, by striking the word "twenty-two" and inserting in lieu thereof "twenty-three"; and

     Further amend said bill, Page 1, Section A, Line 4, by inserting after "130.034," the following: "130.037,"; and

     Further amend said bill, Page 1, Section A, Line 6, by striking the word "twenty-two" and inserting in lieu thereof "twenty-three"; and

     Further amend said bill, Page 1, Section A, Line 9, by inserting after "130.036," the following: "130.037,"; and

     Further amend said bill, Page 47, Section 130.036, Line 87, by inserting immediately after all of said line the following:

     "130.037. Candidates whose report filed pursuant to subdivision 3 of subsection 1 of section 130.046 reflects outstanding obligations in excess of moneys on hand, may convert their campaign committee to a debt service committee as provided in this section. If a debt service committee is formed, the committee may accept contributions from any person as long as the aggregate contribution from such person does not exceed the limits set for the election cycle, pursuant to section 130.032, for the election cycle in which the debt was incurred. A person who contributes to a debt service committee of a candidate may also contribute to the candidate's campaign committee for a succeeding election up to the amounts specified in section 130.032. The treasurer and the candidate shall terminate the debt service committee pursuant to section 130.021 within thirty days of its payment of the outstanding debt. No transfer of funds shall be made from the debt service committee to any other committee except upon termination of the debt service committee.

     [130.037. 1. Notwithstanding other provisions of the law to the contrary, any person who was a candidate at an election held on or before November 8, 1994, may form two candidate committees if that person's candidate committee reported outstanding obligations in excess of moneys on hand on the first report submitted pursuant to section 130.041 after November 8, 1994. One such committee shall be dedicated solely to raising moneys to pay off outstanding obligations of the candidate. The committee may accept funds from the candidate committee to pay off outstanding obligations. The committee may not engage in activities in support of the candidate for which it was formed, other than activities directly related to the retirement of debt. The committee may not contribute moneys to any other committee and may not make direct expenditures on behalf of any ballot issue. It may raise funds to retire the candidate's debt under the provisions of law in effect prior to November 8, 1994, so long as those contributions are expressly made to retire outstanding debt and are applied toward retiring such debt, but otherwise the provisions of this chapter apply. The treasurer and the candidate shall terminate the committee pursuant to section 130.021 within thirty days of its payment of the outstanding debt.

     2. If a candidate has formed or forms a candidate committee to raise funds for a future election, that committee may accept contributions in the amount authorized by law and may use any contributions received for any purpose lawful under this chapter, except the payment of debt incurred before November 8, 1994. Moneys in the official depository accounts of the two committees cannot be commingled.

     3. The provisions of this section shall expire December 31, 1996.]".

     Senator Howard moved that the above substitute amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 3 to Senate Committee Substitute for Senate Bill No. 16, by adding on page 2, line 9 following the period "the debt service committee cannot accept monies in excess for that election cycle debt for which the committee was established."; and further deleting remaining new language lines 9, 10 and 11 including period.

     Senator Singleton moved that the above amendment be adopted.

     At the request of Senator Mathewson, SB 16, with SCS, SA 3, SSA 1 for SA 3 and SA 1 to SSA 1 for SA 3 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 175, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 175, Page 3, Section 247.220, Line 58, by striking the beginning bracket and closing bracket on said line; and further amend said line by striking "two-thirds"; and

     Further amend said bill, Line 65 by placing an opening bracket "[" immediately before and a closing bracket "]" immediately after "two-thirds"; and inserting in lieu thereof "four-sevenths".

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 164, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 112, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 189, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Senator Quick, 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 was referred SCR 12, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 17, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

     Senator Scott, Chairman of the Committee on State Budget Control, submitted the following report:

     Mr. President: Your Committee on State Budget Control, to which was referred SB 169, begs leave to report that it has considered the same and recommends that the bill do pass.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Robert L. Abernathy, 102 N. Tracy Drive, Clinton, Henry County, Missouri 64735, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund, for a term ending February 6, 2001, and until his successor is duly appointed and qualified; vice, RSMo 319.29.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     William C. Brandes, 415 Lennox Drive, Ballwin, St. Louis County, Missouri 63011, as a member of the State Advisory Council on Emergency Medical Services, for a term ending January 5, 2000, and until his successor is duly appointed and qualified; vice, Thomas Lagerman, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Sam K. Carter, 6133 N. Hull, Kansas City, Platte County, Missouri 64151, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund, for a term ending February 6, 2001, and until his successor is duly appointed and qualified; vice, RSMo 319.29.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     William H. Creech, III, 729 Highway H, Troy, Lincoln County, Missouri 63379, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund, for a term ending February 6, 2000, and until his successor is duly appointed and qualified; vice, RSMo 319.29.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Neal A. Gibbons, 916 East Baker Drive, Kennett, Dunklin County, Missouri 63857, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund, for a term ending February 6, 1999, and until his successor is duly appointed and qualified; vice, RSMo 319.29.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Donald L. Shaikewitz, 11035 Graeser Lane, Creve Coeur, St. Louis County, Missouri 63141, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund, for a term ending February 6, 2000, and until his successor is duly appointed and qualified; vice, RSMo 319.29.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Norman J. Tice, 10365 Schuessler Road, St. Louis, St. Louis County, Missouri 63128, as a member of the Bi-State Development Agency, for a term ending November 10, 2000, and until his successor is duly appointed and qualified; vice, Milton Svetanics, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Kennard O. Whitfield, 507 Hinsdale Court, Rock Hill, St. Louis County, Missouri 63199, as a member of the Seismic Safety Commission, for a term ending August 11, 2000, and until his successor is duly appointed and qualified; vice, Marjorie B. Schramm, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

February 6, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     G. Brad Williams, Post Office Box 372, Eminence, Shannon County, Missouri 65466, as a member of the Board of Trustees for the Petroleum Storage Tank Insurance Fund, for a term ending February 6, 1998, and until his successor is duly appointed and qualified; vice, RSMo 319.29.

Respectfully submitted,

MEL CARNAHAN

Governor

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

MESSAGES FROM THE HOUSE

     The following message was 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 14, entitled:

     An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 1997.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

INTRODUCTION OF BILLS

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

     SB 372--By Rohrbach and Scott.

     An Act to amend chapter 536, RSMo, by adding thereto one new section relating to administrative rules.

     SB 373--By Bentley.

     An Act to repeal section 197.415, RSMo 1994, relating to licensing of home health agencies, and to enact in lieu thereof one new section relating to the same subject.

     SB 374--By McKenna and DePasco.

     An Act to repeal sections 115.019, 115.045, 115.085, 115.115, 115.117, 115.129, 115.163, 115.317, 115.387, 115.389, 115.453, 115.479, 115.495, 115.507, 115.511, 115.600, 115.601, 115.619, 115.621, 115.631 and 115.635, RSMo 1994, and sections 115.023 and 247.180, RSMo Supp. 1996, relating to elections, and to enact twenty-three new sections relating to the same subject, with penalty provisions.

SECOND READING OF SENATE BILLS

     The following Bills and Joint Resolutions were read the 2nd time and referred to the Committees indicated:

     SB 331--Ways and Means.

     SB 332--Ways and Means.

     SB 333--Labor and Industrial Relations.

     SB 334--Transportation.

     SB 335--Ways and Means.

     SB 336--Corrections and General Laws.

     SB 337--Corrections and General Laws.

     SB 338--Judiciary.

     SB 339--Ways and Means.

     SB 340--Financial and Governmental Organization.

     SB 341--Education.

     SB 342--Commerce and Environment.

     SB 343--Corrections and General Laws.

     SB 344--Corrections and General Laws.

     SB 345--Corrections and General Laws.

     SB 346--Corrections and General Laws.

     SB 347--Public Health and Welfare.

     SB 348--Judiciary.

     SB 349--Insurance and Housing.

     SB 350--Elections, Pensions and Veterans' Affairs.

     SB 351--Insurance and Housing.

     SB 352--Local Government and Economic Development.

     SB 353--Agriculture, Conservation, Parks and Tourism.

     SB 354--Corrections and General Laws.

     SB 355--Elections, Pensions and Veterans' Affairs.

     SB 356--Corrections and General Laws.

     SB 357--Agriculture, Conservation, Parks and Tourism.

     SB 358--Aging, Families and Mental Health.

     SB 359--Financial and Governmental Organization.

     SB 360--Education.

     SB 362--Elections, Pensions and Veterans' Affairs.

     SB 363--Local Government and Economic Development.

     SB 364--Local Government and Economic Development.

     SB 365--Education.

     SJR 11--Appropriations.

     SJR 12--Education.

REFERRALS

     President Pro Tem McKenna referred SB 216 to the Committee on State Budget Control.

RESOLUTIONS

     Senator Singleton offered Senate Resolution No. 210, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Leonard Bryant, Seneca, which was adopted.

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