Journal of the Senate

FIRST REGULAR SESSION


THIRTY-THIRD DAY--WEDNESDAY, MARCH 5, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, thank You for things often overlooked and seldom praised, a tongue with which to speak, a mind with which to think, hands with which to write, and feelings we can share. Lord, we would use these for good and not evil, to lift up and not tear down, to mend--to build--to help. 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
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Curls--1
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Howard offered Senate Resolution No. 351, regarding the One Hundredth Birthday of Frances Pool Fox, Dexter, which was adopted.

     On motion of Senator Quick, the Senate recessed for 5 minutes.

RECESS

     The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

THIRD READING OF SENATE BILLS

     SB 67, introduced by Senators Russell and Staples, entitled:

     An Act to repeal sections 238.300, 238.302 and 238.325, RSMo 1994, relating to transportation corporations, and to enact in lieu thereof six new sections relating to the same subject.

     Was taken up by Senator Russell.

     On motion of Senator Russell, SB 67 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannGoode
HouseJohnsonKenneyLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellScott
SimsStaplesWestfallWiggins
Yeckel--25
Nays--Senators
FlotronGravesHowardKinder
Klarich--5
Absent--Senators--Schneider--1
Absent with leave--Senators
CurlsJacobSingleton--3

     The President Pro Tem declared the bill passed.

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

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

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

     SB 132, introduced by Senator Staples, entitled:

     An Act to repeal section 115.361, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     On motion of Senator Staples, SB 132 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacobSingleton--3

     The President Pro Tem declared the bill passed.

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

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

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

     SCS for SB 55, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 55

     An Act to repeal section 288.040, RSMo Supp. 1996, relating to unemployment benefit eligibility, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator Klarich.

     On motion of Senator Klarich, SCS for SB 55 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerRohrbachRussellScott
SimsStaplesWestfallWiggins
Yeckel--29
Nays--Senators--Schneider--1
Absent--Senators--Quick--1
Absent with leave--Senators
CurlsJacobSingleton--3

     The President Pro Tem declared the bill passed.

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

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

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

     SCS for SBs 38 and 83, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 38 and 83

     An Act to repeal sections 210.150, 210.152 and 210.183, RSMo 1994, relating to reports of child abuse or neglect, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Howard.

     On motion of Senator Howard, SCS for SBs 38 and 83 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacobSingleton--3

     The President Pro Tem declared the bill passed.

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

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

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

     SCS for SB 191, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 191

     An Act to amend chapter 701, RSMo, by adding one new section relating to grinder pump pressure sewer systems, with an emergency clause.

     Was taken up by Senator Caskey.

     Senator Clay assumed the Chair.

     On motion of Senator Caskey, SCS for SB 191 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsStaplesWestfall
WigginsYeckel--30
Nays--Senators--Goode--1
Absent--Senators--Schneider--1
Absent with leave--Senators
CurlsSingleton--2

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsSingleton--2

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

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

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

     SB 142, introduced by Senators DePasco and McKenna, entitled:

     An Act to repeal sections 367.044, 367.045, 367.047, 367.048 and 367.050, RSMo 1994, relating to pawnbrokers, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator DePasco.

     On motion of Senator DePasco, SB 142 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsSingleton--2

     The President declared the bill passed.

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

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

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

     President Pro Tem McKenna resumed the Chair.

     President Wilson assumed the Chair.

     SS for SB 121, introduced by Senator Caskey, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 121

     An Act to repeal sections 307.178, RSMo 1994, and 307.350, RSMo Supp. 1996, relating to motor vehicle safety requirements, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     Was taken up.

     On motion of Senator Caskey, SS for SB 121 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseJacobJohnson
KenneyMaxwellMcKennaQuick
ScottStaplesWestfallWiggins
Yeckel--21
Nays--Senators
ChildersHowardKinderKlarich
LybyerMathewsonMuellerRohrbach
RussellSchneiderSims--11
Absent--Senators--None
Absent with leave--Senators
CurlsSingleton--2

     The President declared the bill passed.

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

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

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

     SB 119, introduced by Senator Mathewson, entitled:

     An Act to amend chapter 315, RSMo, by adding six new sections relating to the rights and obligations of innkeepers and guests.

     Was taken up.

     On motion of Senator Mathewson, SB 119 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsStaples
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
GravesWestfall--2
Absent with leave--Senators
CurlsSingleton--2

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

     SB 333, introduced by Senator Clay, entitled:

     An Act relating to certain telecommunications services.

     Was taken up.

     On motion of Senator Clay, SB 333 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachSchneider
ScottSimsStaplesWiggins
Yeckel--29
Nays--Senators
MuellerRussellWestfall--3
Absent--Senators--None
Absent with leave--Senators
CurlsSingleton--2

     The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

     Senator House moved that SB 168, with SCS, SS for SCS, SA 8, as amended, and SSA 1 for SA 8, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SSA 1 for SA 8, as amended, was again taken up.

     At the request of Senator Ehlmann, the above substitute amendment was withdrawn.

     SA 8, as amended, was again taken up.

     At the request of Senator Sims, the above amendment, as amended, was withdrawn.

     Senator Bentley offered SA 9:

SENATE AMENDMENT NO. 9

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 9, Section 170.015, Lines 7-9, after the word "contraceptives" place a period. Delete the following language through line 9. Add: "Policies concerning referrals and parental notification regarding contraception may be determined by local school boards.".

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

     President Pro Tem McKenna resumed the Chair.

     Senator Johnson offered SA 10:

SENATE AMENDMENT NO. 10

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Page 4, Section 166.275, Line 21 of said page by inserting immediately after all of said line the following:

     "167.031. 1. Every parent, guardian or other person in this state having charge, control or custody of a child not enrolled in a public, private, parochial, parish school or full-time equivalent attendance in a combination of such schools and between the ages of [seven] six and sixteen years is responsible for enrolling the child in a program of academic instruction which complies with subsection 2 of this section. Any parent, guardian or other person who enrolls a child between the ages of five and [seven] six years in a public school program of academic instruction shall cause such child to attend the academic program on a regular basis, according to this section. Nonattendance by such child shall cause such parent, guardian or other responsible person to be in violation of the provisions of section 167.061, except as provided by this section. A parent, guardian or other person in this state having charge, control, or custody of a child between the ages of [seven] six and sixteen years of age shall cause the child to attend regularly some public, private, parochial, parish, home school or a combination of such schools not less than the entire school term of the school which the child attends; except that

     (1) A child who, to the satisfaction of the superintendent of public schools of the district in which he resides, or if there is no superintendent then the chief school officer, is determined to be mentally or physically incapacitated may be excused from attendance at school for the full time required, or any part thereof;

     (2) A child between fourteen and sixteen years of age may be excused from attendance at school for the full time required, or any part thereof, by the superintendent of public schools of the district, or if there is none then by a court of competent jurisdiction, when legal employment has been obtained by the child and found to be desirable, and after the parents or guardian of the child have been advised of the pending action; or

     (3) A child between five and [seven] six years of age shall be excused from attendance at school if a parent, guardian or other person having charge, control or custody of the child makes a written request that the child be dropped from the school's rolls.

     2. (1) As used in sections 167.031 to 167.071, a "home school" is a school, whether incorporated or unincorporated, that:

     (a) Has as its primary purpose the provision of private or religious-based instruction;

     (b) Enrolls pupils between the ages of [seven] six and sixteen years, of which no more than four are unrelated by affinity or consanguinity in the third degree; and

     (c) Does not charge or receive consideration in the form of tuition, fees, or other remuneration in a genuine and fair exchange for provision of instruction;

     (2) As evidence that a child is receiving regular instruction, the parent shall:

     (a) Maintain the following records:

     a. A plan book, diary, or other written record indicating subjects taught and activities engaged in; and

     b. A portfolio of samples of the child's academic work; and

     c. A record of evaluations of the child's academic progress; or

     d. Other written, or credible evidence equivalent to subparagraphs a., b. and c.; and

     (b) Offer at least one thousand hours of instruction, at least six hundred hours of which will be in reading, language arts, mathematics, social studies and science or academic courses that are related to the aforementioned subject areas and consonant with the pupil's age and ability. At least four hundred of the six hundred hours shall occur at the regular home school location.

     3. Nothing in this section shall require a private, parochial, parish or home school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines or to exclude from its curriculum any concept, topic, or practice consistent with the school's religious doctrines. Any other provision of the law to the contrary notwithstanding, all departments or agencies of the state of Missouri shall be prohibited from dictating through rule, regulation or other device any statewide curriculum for private, parochial, parish or home schools.

     4. A school year begins on the first day of July and ends on the thirtieth day of June following.

     5. The production by a parent of a daily log showing that a home school has a course of instruction which satisfies the requirements of this section shall be a defense to any prosecution under this section and to any charge or action for educational neglect brought pursuant to chapter 210, RSMo."; and

     Further amend the title and enacting clause accordingly.

     Senator Johnson moved that the above amendment be adopted.

     At the request of Senator House, SB 168, with SCS, SS for SCS and SA 10 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 395, 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 379, 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 408, 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 Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 381, 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 DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following reports:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 389, 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. 389, Page 1, In the Title, Line 2, by inserting immediately after the word "repeal" the following: "section 104.035, RSMo 1994, and"; and

     Further amend said bill, Page 1, In the Title, Line 4, by striking the words "one new section" and inserting in lieu thereof the words "two new sections"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting immediately after the word "Section" the following: "104.035, RSMo 1994, and section"; and

     Further amend said bill, Page 1, Section A, Line 1, by striking the word "is" and inserting in lieu thereof the word "are"; and

     Further amend said bill, Page 1, Section A, Line 2, by striking the words "one new section" and inserting in lieu thereof the words "two new sections"; and

     Further amend said bill, Page 1, Section A, Line 2, by striking the words "as section" and inserting in lieu thereof the following: "as sections 104.035 and"; and

     Further amend said bill, Page 1, Section A, Line 3, by inserting immediately after all of said line the following:

     "104.035. 1. Any member whose employment terminated prior to August 13, 1976, and who had served twenty years or more as an employee shall be entitled to a deferred normal annuity based on his creditable service, average compensation, and the act in effect at the time his employment was terminated.

     2. Any member whose employment terminates on or after August 13, 1976, and prior to June 1, 1981, and who had served fifteen or more years' creditable service as an employee or had served ten or more years of creditable service as an employee and was at least thirty-five years of age at the date of termination of employment shall be entitled to a deferred normal annuity based on his creditable service, average compensation, and the act in effect at the time his employment was terminated.

     3. Any member whose employment terminates on or after June 1, 1981, and who has ten or more years of creditable service at the date of termination of employment shall be entitled to a deferred normal annuity based on the member's creditable service, average compensation and the act in effect at the time the member's employment is terminated.

     4. Any member entitled to a deferred normal annuity as provided in subsection 1, 2, 3 or 5 of this section who reenters the service of a department and again becomes a member of the system and thereafter serves for one continuous year shall have his prior period of service restored, so that benefits determined by reason of his retirement or subsequent withdrawal from service will include the sum of all periods of creditable service, and his annuity shall be based on his creditable service, average compensation, and the act in effect at the time of his retirement or subsequent withdrawal from service.

     5. For any employee first employed after August 28, 1997, the retired member who is elected to any state office or is appointed to any state office or is employed by a department which is covered by the Missouri state employees' retirement system, shall not receive any annuity or other retirement benefits for any month or part of a month for which the member serves as an elected or appointed official or employee. Upon termination of such position or employment, the retired member shall receive the same amount of annuity and other retirement benefits which existed prior to such position or employment.

     [5.] 6. Notwithstanding any other law to the contrary, any member of the highways and transportation and highway patrol retirement system whose employment terminated on or after September 28, 1992, who has five or more years of vesting service as an employee at the date of termination of employment shall be entitled to a deferred normal annuity based on the member's creditable service, average compensation, and the act in effect at the time the member's employment was terminated.".

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 362, 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. 362, Page 12, Section 104.335, Lines 88 through 101, by deleting all of said lines and inserting in lieu thereof the following:

     "6. (1) A [terminated] vested member, an administrative law judge or legal advisor as defined in section 287.812, RSMo, or a judge as defined in section 476.515, RSMo, who has terminated all employment with the state of Missouri for a period of six months or longer, may make a one-time election for the system to pay the present value of a deferred annuity or a benefit as defined in section 287.812, RSMo, or section 476.515, RSMo, if the amount of [the] such terminated member's or person's creditable service is less than ten years, and if [the] such terminated [member] member's or person's creditable service is less than ten years and if such terminated member or person is not within five years of eligibility for receiving an annuity or benefit. Any such member, administrative law judge, legal advisor or judge who terminates employment on or after August 28, 1997, shall be eligible for the one-time election provided for in this subsection only if the present value of the deferred annuity does not exceed ten thousand dollars. The present value shall be actuarially determined by the system. Except as provided in subdivision (2) of this subsection, any payment so made shall be a complete discharge of the existing liability of the system with respect to [the] such terminated member or person.

     (2) Upon subsequent employment for a period of twelve consecutive months in a position covered under a system administered by the Missouri state employees' retirement system, the employee, administrative law judge or judge may elect, within ninety".

     On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

     The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

REFERRALS

     President Pro Tem McKenna referred HCR 12, HCR 4 and HCR 10 to the Committee on Rules, Joint Rules and Resolutions.

SENATE BILLS FOR PERFECTION

     Senator Scott moved that SB 9, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

     Senator Scott moved that the above amendment be adopted.

     Senator Mathewson assumed the Chair.

     Senator Johnson assumed the Chair.

     At the request of Senator Scott, SB 9, with SCA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

     Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 358, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following reports:

     Mr. President: Your Committee on Ways and Means, to which was referred SB 331, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Ways and Means, to which was referred SB 212, 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. 212, Page 1, Section 92.402, Line 13, by inserting immediately after the number "1997" the following:

"], 1999"; and

     Further amend page 2, line 15, by striking "] 2001".

     Also,

     Mr. President: Your Committee on Ways and Means, to which was referred SB 437, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 357, 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.

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 32, entitled:

     An Act relating to certain health care providers.

     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 87 and 264, entitled:

     An Act to repeal sections 64.170 and 64.205, RSMo 1994, relating to county building codes, 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 259, entitled:

     An Act to amend chapter 376, RSMo, by adding thereto twelve new sections relating to settlement of life insurance policies, 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 342, entitled:

     An Act to repeal section 208.480, RSMo 1994, relating to federal reimbursement allowance, 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 HCS for HB 114, entitled:

     An Act to repeal section 92.402, RSMo Supp. 1996, relating to transportation sales taxes, 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 HCS for HB 620, entitled:

     An Act to repeal section 392.410, RSMo Supp. 1996, relating to certificate of public convenience and necessity for telecommunications service, 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.

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 352, regarding Bobby Roberts, which was adopted.

     Senator Graves offered Senate Resolution No. 353, regarding the Ninety-eighth Birthday of Ada Adams, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 354, regarding Reta Riordan, Jamesport, which was adopted.

     Senator Graves offered Senate Resolution No. 355, regarding Jodi Guess, Albany, which was adopted.

     Senator Graves offered Senate Resolution No. 356, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Wayne Freeman, Fairfax, which was adopted.

     Senator Graves offered Senate Resolution No. 357, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Billy D. Mozingo, Maryville, which was adopted.

     Senator Banks offered Senate Resolution No. 358, regarding the One Hundred Eightieth Anniversary of the First Baptist Church, St. Louis, which was adopted.

COMMUNICATIONS

     Senator Caskey submitted the following:

March 3, 1997

Senator Harold Caskey

Chairman

Civil and Criminal Jurisprudence Committee

State Capitol Building, Room 320

Jefferson City, Missouri 65101

Dear Senator Caskey:

Thanks for your favorable consideration on SB 251 that allows for the expungement of criminal records heard in your committee on Civil and Criminal Jurisprudence on January 29, 1997 and voted do pass on February 5, 1997. Additionally, I ask for favorable consideration and request that you handle the following:

SB 111 - Allows for only the owners of record to be named as defendants in abandoned property proceedings, heard in committee January 22, 1997.

SB 93 - Allows for poor persons to file a civil suit with associated costs waived, heard in Judiciary Committee on January 22, 1997.

SB 113 - Restricts the use of redemption contracts, heard in Insurance and Housing Committee on January 29, 1997.

Sincerely,

\s\ Phil B. Curls, Sr.

Phil B. Curls, Sr.

Ninth Senatorial District

     Senator Wiggins submitted the following:

March 3, 1997

Senator Harry Wiggins

State Capitol Building, Room 423

Jefferson City, Missouri 65101

Dear Senator Wiggins:

I appreciate your presentation of SJR 12 on February 17, 1997 before the Education Committee. I hope that you will continue to exercise your influence to move this legislation forward and appreciate your handling this on the floor. I know you'll do a credible job.

Thanks for your assistance and I hope to talk to you soon.

Sincerely,

\s\ Phil B. Curls, Sr.

Phil B. Curls, Sr.

Ninth Senatorial District

     Senator Banks submitted the following:

March 5, 1997

Senator J. B. "Jet" Banks

State Capitol Building, Room 319

Jefferson City, Missouri 65101

Dear Senator Banks:

Thank you for agreeing to handle Senate Bill 24 that allows for health insurers to offer coverage for diabetes treatment. I'm sure you know how very important this legislation is to me, allowing for my health. I know you will give it your best shot and am grateful for your assistance.

If any support documentation is needed to assist you in preparation for this bill, please don't hesitate to call Billie and she will provide you with whatever you need.

Sincerely,

\s\ Phil B. Curls, Sr.

Phil B. Curls, Sr.

Ninth Senatorial District

INTRODUCTIONS OF GUESTS

     Senator Caskey introduced to the Senate, the Physician of the Day, Dr. Wayne Morton, Osceola.

     Senator Clay introduced to the Senate, members of Youth Leadership from St. Louis.

     Senator Ehlmann introduced to the Senate, Debra Keim, O'Fallon; Ann Marie Long, St. Paul; and Ben Nelson and Whitney Peterson, St. Peters.

     Senator Klarich introduced to the Senate, Ed Barry, Detroit, Michigan.

     Senator House introduced to the Senate, Bob, Becky, Ben and Nathan Makla, Wentzville.

     Senator Banks introduced to the Senate, Chrystal Sailor, Dianne Powell, Linda Hewlett, Christine Washington and Tiffany Pool, St. Louis.

     Senator Sims introduced to the Senate, sixty eighth grade students from McKinley Classical Junior Academy, St. Louis; and Michael Mingo, Matt Crawford, Elaine Chiu and Rachel Marling were made honorary pages.

     Senator Kenney introduced to the Senate, Christopher Elliott, St. Louis; Mark R. Ireland, Burnsville, Minnesota; Brenton K. Lee, San Francisco, California; Ted C. Liu, Covina, California; Sarah L. McGinley, Narragansett, Rhode Island; Kyshia I. Patton, Burke, Virginia; Kimberly R. Penharlow, Barton, Vermont; Scott J. Pietan, Atlantic Beach, Florida; Smeeta Ramarathnam, Stanford, California; Abigail F. Rozen, Tiburon, California; Mora Segal, Boston, Massachusetts; and Andrew Thorp, St. Louis.

     Senator Caskey introduced to the Senate, John Rice and Dick McMahon, Belton.

     Senator Bentley introduced to the Senate, Sandra Mitchell, Joan H'Doubler and members of the Missouri State Medical Alliance.

     Senator Klarich introduced to the Senate, Susan Blatt and Mrs. Chalk, Washington.

     Senator Klarich introduced to the Senate, Chrissy Thomure and Megan White, Washington; and Corinne Svoboda, Sunset Hills.

     Senator Klarich introduced to the Senate, Alissa Caldwell, Brad Hassell, Jessica Ford, Dawn Essary, Bethany Nagy and Ed and Diane Beumer, Union.

     Senator Maxwell introduced to the Senate, Representative-Elect Karl DeMarce, his wife, Brenda and his father, Jim.

     Senator Flotron introduced to the Senate, Gary Flotron, Ladue.

     Senator Howard introduced to the Senate, Charles T. Brown, Kennett; and Ron Mattli, Poplar Bluff.

     Senator Johnson introduced to the Senate, Michael Thomas and Darryl Groves, St. Joseph.

     Senator Staples introduced to the Senate, Gil Kennon, Potosi.

     Senator Scott introduced to the Senate, Paul Van Etten, Carl Williams and Craig Hindle, St. Louis.

     Senator Graves introduced to the Senate, Ellie Bridgman Booth, Trenton.

     Senator Howard introduced to the Senate, Tammy Allbrighton, Johnny R. Howe and Russell D. French, Poplar Bluff.

     Senator Caskey introduced to the Senate, Kristi Kenney, Clinton; JoAnn Gretzinger, Urich; and David Walker, Clinton.

     Senator Mueller introduced to the Senate, thirteen members of Focus St. Louis.

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