Journal of the Senate

FIRST REGULAR SESSION


THIRTY-FOURTH DAY--THURSDAY, MARCH 6, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, when this session is over, take us safely home, refresh our mind and body and bring us back to this place renewed. We are thankful for Your presence with us wherever we are. Use us to do Your work. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

     Senator Quick announced that photographers from St. Charles Video Production and KRCG-TV had been given permission to take pictures in the Senate Chamber today.

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

Present--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsStaples
WestfallWigginsYeckel--31
Absent with leave--Senators
CurlsKlarichSingleton--3

RESOLUTIONS

     Senator Westfall offered Senate Resolution No. 359, regarding Tom Scott, Dade County, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 360, regarding Dr. James E. Logan, Jefferson City, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 361, regarding Neal G. LaPointe, D.O., Jefferson City, which was adopted.

SENATE BILLS FOR PERFECTION

     Senator Mathewson moved that SB 334, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     Senator Banks offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 334, Page 1, Section 136.055, Line 10, by striking "two" and inserting "up to three"; and further on line 11 by striking "two" and inserting "up to three"; and

     Further amend said bill and section, page 2, line 14, by striking "two" and inserting "up to three"; and further on line 15, by striking "two" and inserting "up to three"; and

     Further amend said bill, page and section, line 18, by inserting after "until" the following: "January 1, 1998; up to three dollars from January 1, 1998 until"; and further on line 18 by striking "two" and inserting "up to three"; and

     Further amend said bill, page and section, line 22, by inserting after "dollars" the following: "until January 1, 1998; up to three dollars from January 1, 1998 until January 1, 2000; and up to three dollars and fifty cents beginning January 1, 2000".

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

     Senator Caskey offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 334, Page 1, Section 136.055, Lines 10-11, by adding after "dollars" on line 10 the following: "and twenty-five cents"; and

     Further amend same section, lines 11-12, by deleting "two dollars and fifty cents" and inserting in lieu thereof "three dollars"; and

     Further amend page 2, section 136.055, line 14, by inserting after "dollars" on said line the following: "and twenty-five cents"; and

     Further amend same page, same section, line 15, by deleting "two dollars and fifty cents" and inserting in lieu thereof "three dollars"; and

     Further amend same page, same section, line 18, by deleting "two dollars and fifty cents" and inserting in lieu thereof "two dollars and seventy-five cents".

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

     Senator Sims offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Bill No. 334, Page 4, Section 301.030, Line 52, by inserting immediately after all of said line the following:

     "302.291. 1. The director, having good cause to believe that an operator is incompetent or unqualified to retain his license, after giving ten days' notice to such person in writing by [registered] certified mail directed to his present known address, may require him to submit to an examination as prescribed by the director. Upon conclusion of the examination, the director may allow the licensee to retain his license, may suspend or revoke the license of the licensee, or may issue to the examinee a license subject to restrictions as provided in section 302.301. If an examination indicates a condition that potentially impairs safe driving, the director, in addition to action with respect to the license, may require the licensee to submit to further periodic examinations. The refusal or neglect of the [operator] licensee to submit to [such] an examination within thirty days after the date of such notice shall be [ground] grounds for suspension or revocation of his license by the director, an associate circuit or circuit court.

     2. The examination provided for in subsection 1 of this section may include, but is not limited to, a written test and tests of driving skills, vision, highway sign recognition and mental acuity and, if appropriate, a physical and/or mental examination as provided in section 302.173.

     3. The director shall have good cause to believe that an operator is incompetent or unqualified to retain his license on the basis of a report by a law enforcement officer, a physician licensed under chapter 334, RSMo, or any other person who has reached the age of eighteen. The report must state that the person reasonably and in good faith believes the driver cannot safely operate a motor vehicle. The report must be based upon personal observation or physical evidence which shall be described in the report, or the report shall be based upon an investigation by a law enforcement officer. The report shall be a written declaration in the form prescribed by the department of revenue and shall contain the name, address, telephone number, and signature of the person making the report.

     4. Any physician licensed under chapter 334, RSMo, may report to the department any patient diagnosed as having a disorder or condition that may prevent such person from safely operating a motor vehicle. Such report shall state the diagnosis and whether the condition is permanent or temporary. The existence of a physician-patient relationship shall not prevent the making of a report by a physician.

     5. Any person who makes a report in good faith pursuant to this section shall be immune from any civil liability that otherwise might result from making the report. Notwithstanding the provisions of chapter 610, RSMo, to the contrary, all reports made and all medical records reviewed and maintained by the department of revenue under this section shall be kept confidential except upon order of a court of competent jurisdiction or in a review of the director's action pursuant to section 302.311.

     6. The department of revenue shall keep records and statistics of reports made and actions taken against driver's licenses under this section.

     7. The department of revenue shall, in consultation with the medical advisory board established under section 302.292, develop a standardized form and provide guidelines for the reporting of cases and for the examination of drivers under this section. The guidelines shall be published and adopted as required for rules and regulations under chapter 536, RSMo. The department of revenue shall also adopt rules and regulations as necessary to carry out the other provisions of this section. The director of revenue shall provide health care professionals and law enforcement officers with information about the procedures authorized in this section.

     8. Any person who knowingly violates a confidentiality provision of this section or who knowingly permits or encourages the unauthorized use of a report or reporting person's name in violation of this section shall be guilty of a class A misdemeanor and shall be liable for damages which proximately result.

     9. Any person who intentionally files a false report under this section shall be guilty of a class A misdemeanor and shall be liable for damages which proximately result.

     10. All appeals of license revocations, suspensions and restrictions shall be made as required under section 302.311 within thirty days after the mailing of the notice of revocation, suspension or restriction.

     302.292. 1. In order to advise the director of revenue on medical criteria for the reporting and examination of drivers with medical impairments, a medical/vision advisory board is hereby established within the department of revenue. The board shall be composed of three members appointed by the governor, by and with the advice and consent of the senate, from a list of qualified candidates submitted to the governor by the director of the department of revenue. The members of the board shall be licensed physicians and residents of this state. Of the original appointees, one shall serve for a term of two years and two shall serve for terms of four years. Subsequent appointees shall each serve for a term of four years or until their successors are appointed and approved. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the term. The members of the board shall receive no compensation for their services and shall not hire any staff personnel but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. After the first full year of operation of the advisory board, the board shall meet no more than four times per year.

     2. No civil or criminal action shall lie against any member of the medical/vision advisory board of the department of revenue who acts in good faith in advising the department under the provisions of this chapter. Good faith shall be presumed on the part of members of the medical/vision advisory board in the absence of a showing of fraud or malice.

     3. The department of public safety shall establish within its division of highway safety an educational program pertaining to the reporting of impaired drivers. The program shall use department of revenue licensing offices, publications and cooperation with community organizations to inform the public and health care professionals of the following:

     (1) Problems involving impaired drivers on Missouri roadways;

     (2) The procedures for reporting motor vehicle drivers who because of physical limitations or mental acuity are unable to operate a motor vehicle in a safe manner; and

     (3) The availability of alternative transportation to persons who are unable to drive because of physical or mental disabilities.

     4. The department of public safety shall adopt rules and regulations as required under chapter 536, RSMo as necessary to carry out its duties under this section.

     Section B. The repeal and reenactment of sections 302.291 and 302.292 of this act shall become effective on January 1, 1998."; and

     Further amend the title and enacting clause accordingly.

     Senator Sims moved that the above amendment be adopted.

     Senator Mathewson raised the point of order that SA 3 is out of order in that the amendment goes beyond the intent and purpose of the bill.

     Senator Johnson assumed the Chair.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Rohrbach offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Bill No. 334, Page 4, Section 301.030, Line 52, by adding one new section after said line to read as follows:

     "Section 1. Any other provision of the law to the contrary notwithstanding no contractual provision between the department of revenue and its agents which prohibits said agent from employing a lobbyist shall be binding on said agent, and no subsequent contract shall contain such a provision."; and

     Further amend the title and enacting clause accordingly.

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

     On motion of Senator Mathewson, SB 334, as amended, was declared perfected and ordered printed.

     Senator Maxwell moved that SB 239 and SB 45, with SCS, SS for SCS, SA 2 and SSA 1 for SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SSA 1 for SA 2 was again taken up.

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

     Senator Flotron offered SSA 2 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate - Bills Nos. 239 and 45, Pages 13-14, Section 105.473, by striking all of said section and inserting in lieu thereof the following:

     "105.473. Each house of the general assembly and statewide elected officials shall adopt rules or policies regarding the conditions under which its members or elected officials may accept meals, food, beverages or other gifts from a legislative lobbyist, as defined in paragraph (a) of subdivision (4) of subsection 1 of section 105.470, or such lobbyist's principal. Such rules shall allow a member or statewide elected official to reimburse such lobbyist or lobbyist principal for the actual cost of any meals, food or beverages provided to such member or statewide elected official."; and

     Further amend said bill, page 15, section 105.498, line 22 of said page, by striking the following: "which exceed the limits established in"; and further amend lines 23-28 of said page, by striking all of said lines; and

     Further amend said bill and section, page 16, line 1 of said page, by striking all of said line; and further amend line 2 of said page, by striking the following: "3. Any member".

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

     Senator Howard offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for Senate - Bills Nos. 239 and 45, Page 38, Section 105.961, Line 17, by inserting immediately after all of said line the following:

     "130.037. Any candidate may file a supplemental report containing information required pursuant to section 130.041, for the purposes of this section. Candidates whose supplemental report filed within thirty days of the effective date of this act or whose report filed pursuant to subdivision 2 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, 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 when the contributions received exceeds the amount of the debt, and within thirty days the committee shall file disclosure reports pursuant to section 130.041 and shall return any excess moneys received to the contributor or contributors, if known, otherwise such moneys shall escheat to the state.

     [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.]"; and

     Further amend the title and enacting clause accordingly.

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

     Senator Maxwell offered SA 4, which was read:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 239 and 45, Page 15, Section 105.498, Line 15, by deleting the "]" following the word "Senate."; and

     Further amend said bill, Section 105.498, Page 15, Line 20, by inserting immediately following the word "years." a "]"; and by removing all brackets and bold face material in lines 15-20.

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

     At the request of Senator Maxwell, SB 239 and SB 45, with SCS and SS for SCS, as amended (pending), were placed on the Informal Calendar.

     Senator Caskey moved that SB 265, with SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SCS for SB 265 was again taken up.

     Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 265, Page 4, Section 404.710, Line 11, by striking the word "expressly"; and

     Further amend said bill, Page 4, Section 404.710, Lines 18-22, by striking all of said lines and inserting in lieu thereof the following: "section. When a power of attorney grants general powers to an attorney in fact to act with respect to all lawful subjects and purposes, the enumeration of one or more specific subjects or purposes does not limit the general authority granted by that power of attorney, unless otherwise provided in the power of attorney."; and

     Further amend said bill, Page 5, Section 404.710, Line 59, by inserting immediately after the word "interest." the following: "No such indemnity agreement shall protect any third person from any liability, claims or expenses incurred by reason of the fact that, and to the extent that, the third person has honored the power of attorney for actions outside the scope of authority granted by the power of attorney."; and

     Further amend said bill, Page 6, Section 404.710, Line 68, by inserting immediately after the word "limitation." the following: "No such supplemental or additional power of attorney shall broaden the scope of authority granted to the attorney in fact in the original power of attorney executed by the principal."; and

     Further amend said bill, Page 6, Section 404.710, Lines 91-96, by striking all of said lines and inserting in lieu thereof the following: "property or in property in which the principal may have an interest; provided, however, that the inclusion of the authority set out in this paragraph shall not be necessary in order to grant to an attorney in fact acting under a power of attorney granting general powers with respect to all lawful subjects and purposes the authority to withdraw funds or other property from any account, contract or other similar arrangement held in the names of the principal and one or more other persons with any financial institution, brokerage company or other depository to the same extent that the principal would be authorized to do if the principal were present, not disabled or incapacitated, and seeking to act in the principal's own behalf;"; and

     Further amend said bill, Page 16, Section 404.723, Line 35, by inserting immediately after all of said line the following: "None of the actions described in this subsection shall be taken by the court until after hearing upon reasonable notice to all persons identified in a verified statement supplied by the petitioner who is requesting such action identifying the immediate relatives of the principal and any other persons known to the petitioner to be interested in the welfare of the principal; except that in the event of an emergency as determined by the court, the court may, without notice, enter such temporary order as seems proper to the court, but no such temporary order shall be effective for more than thirty days unless extended by the court after hearing on reasonable notice to the persons identified as herein provided."; and

     Further amend said bill, Page 18, Section 404.727, Line 66, by inserting immediately after all of said line the following: "None of the actions described in this subsection shall be taken by the court until after hearing upon reasonable notice to all persons identified in a verified statement supplied by the petitioner who is requesting such action identifying the immediate relatives of the principal and any other persons known to the petitioner to be interested in the welfare of the principal; except that in the event of an emergency as determined by the court, the court may, without notice, enter such temporary order as seems proper to the court, but no such temporary order shall be effective for more than thirty days unless extended by the court after hearing on reasonable notice to the persons identified as herein provided.".

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

     Senator Caskey moved that SCS for SB 265, as amended, be adopted, which motion prevailed.

     On motion of Senator Caskey, SCS for SB 265, as amended, was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

     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, after examination of SB 379, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, after examination of SB 381, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

     Senator Scott, Chairman of the Committee on Corrections and General Laws, submitted the following reports:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 218, 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 Corrections and General Laws, to which was referred SB 424, 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 Schneider, Chairman of the Committee on Judiciary, Senator Caskey submitted the following reports:

     Mr. President: Your Committee on Judiciary, to which was referred SB 249, 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 Caskey requested unanimous consent of the Senate to place SB 249 on the Consent Calendar, subject to the review of the Senate Committee on Rules, Joint Rules and Resolutions, which request was granted.

     Also,

     Mr. President: Your Committee on Judiciary, to which was referred SB 459, 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 House, Chairman of the Committee on Education, submitted the following reports:

     Mr. President: Your Committee on Education, to which was referred SB 398, 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 Education, to which was referred SB 468, 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 Education, to which was referred SB 187, 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. 187, Page 2, Section 168.021, Lines 18 and 19, by striking the following: "pursuant to rules and regulations prescribed by it,"; and further amend line 22 by striking the word "three" and inserting in lieu thereof the word "five".

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

     Mr. President: Your Committee on Guber-natorial Appointments, to which were referred

the following appointments and reappoint-

ments, begs leave to report that it has

considered the same and recommends that the Senate do give its advice and consent to the following:

     Robert L. Abernathy, Neal A. Gibbons, Sam K. Carter, William H. Creech, III and Donald L. Shaikewitz, as members of the Board of Trustees for the Petroleum Storage Tank Insurance Fund;

     Also,

     Daniel J. "Duke" McVey and Charles P. Swisher, as members of the Children's Trust Fund Board;

     Also,

     Thomas M. Gialde, as a member of the Board of Pharmacy;

     Also,

     Kennard O. Whitfield, as a member of the Seismic Safety Commission;

     Also,

     Norman J. Tice, as a member of the Bi-State Development Agency;

     Also,

     John D. Havens, as the Adjutant General;

     Also,

     Doyle L. Privett and Donald L. Harrison, as members of the Southeast Missouri State University Board of Regents;

     Also,

     Kala M. Stroup, as a member of the Missouri Training and Employment Council.

     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.

     Senator Scott, Chairman of the Committee on Corrections and General Laws, submitted the following reports:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 345, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 327, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Education, to which was referred SB 360, 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. 360, Page 50, Section 6, Lines 1 and 2, by striking the following: "any city not within a county or"; and further amend line 2, by inserting immediately after the word "city" the following: "located in more than one county"; and further amend line 3, by striking the following: "or any first class county containing any part of such city"; and further amend line 10, by striking the following: "any city not within a county or"; and further amend line 10, by inserting at the end of said line the following: "located in more than one county"; and further amend lines 11 and 12, by striking the following: "or any first class county containing any part of such city".

CONCURRENT RESOLUTIONS

     Senator Graves offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 20

     WHEREAS, the Missouri Highways and Transportation Department, in 1987, identified a detailed list of projects for the enhancement of Missouri's bridge and highway system in the belief that previous attempts to increase funding had failed due to lack of specificity; and

     WHEREAS, Proposition A, which increased the gas tax by four cents, was approved by the voters in order to fund completion of these projects by the year 2002; and

     WHEREAS, the Missouri Highways and Transportation Department, in 1992, identified an additional detailed list of projects, known as the 15 Year Road and Bridge Program, providing four lane highway linkage for every community in Missouri with a population of at least 5,000 as an investment in the competitive potential of Missouri's agriculture, tourism and manufacturing base; providing for the reduction of accidents in Missouri with the goal of saving 6,700 lives, avoiding 265,000 injuries, and bringing about a fifty percent total reduction in accidents; and providing for the acceleration of Proposition A projects with completion scheduled for 1998; and

     WHEREAS, House Bill No. 1247, which increased the gas tax by an additional six cents, was approved by the Legislature in order to fund the additional detailed list of projects and the acceleration of Proposition A; and

     WHEREAS, in 1996, the name of the Missouri Highways and Transportation Department was changed to the Missouri Department of Transportation (MoDOT); and

     WHEREAS, MoDOT has subsequently reported that gas tax revenues dedicated toward publicly specified bridge and highway system enhancements are no longer available or sufficient to complete Proposition A on schedule; and

     WHEREAS, the six cent gasoline tax approved by the Legislature in 1992 to fund the 15 Year Road and Bridge Program will expire in the year 2007; and

     WHEREAS, recent calculations by the Federal Highway Administration indicate that Federal-Aid Highway Funding for Missouri has matched or exceeded expectations for the period of 1992-1997; and

     WHEREAS, MoDOT has also reported that the completion of the publicly specified list of projects constituting the 15 Year Road and Bridge Program is no longer feasible and priorities must be reassessed; and

     WHEREAS, public confidence requires a full and accurate accounting by MoDOT before public commitments used for the approval of prior gas tax increases are abandoned or modified:

     NOW, THEREFORE, BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, the House of Representatives concurring therein, that the Committee on Legislative Research, Oversight Division, be directed to reconcile the original cost projections, construction schedules, and projected gas tax revenues as submitted to voters by Proposition A, with current projections, schedules, and anticipated receipts to identify all material shortfalls, diversions of dedicated resources and changes to construction specifications, including operating and overhead expenses, that have contributed to MoDOT's failure to complete Proposition A as promised; and

     BE IT FURTHER RESOLVED that the Committee on Legislative Research, Oversight Division, also be directed to reconcile the original cost projections, construction schedules, and projected gas tax revenues as submitted to the Legislature by the 15 Year Road and Bridge Program, with current projections, schedules, and anticipated receipts to identify all material shortfalls, diversions of dedicated resources and changes to construction specifications, including operating and overhead expenses, that have contributed to MoDOT's failure to act on the 15 Year Road and Bridge Program as promised; and

     BE IT FURTHER RESOLVED that the Attorney General be requested to render an opinion as to whether the six cent gas tax associated with the 15 Year Road and Bridge Program can be continued beyond the year 2007 without a vote of the public; and

     BE IT FURTHER RESOLVED that MoDOT be directed to submit draft legislation to codify auditing, administrative control and reform measures to improve its financial planning, the integrity of its project cost estimates, and its expenditure of public funds; and

     BE IT FURTHER RESOLVED that MoDOT be directed to submit plans for the acceleration of its Short Term Action Plan by $500 million in 1997 and 1998 through curtailed diversions of highway user fees and the dedication of additional MoDOT operational savings as the first step toward completion of Proposition A and the restoration of public confidence; and

     BE IT FURTHER RESOLVED that MoDOT be directed to submit plans for a local planning process along rural corridor projects as proposed in the 15 Year Road and Bridge Program that reconciles the need for coordinating and planning over an extended geographical area with the need for local participation in order to build upon and expand MoDOT's success in developing a partnership with the St. Louis and Kansas City Regional Planning Commissions; and

     BE IT FURTHER RESOLVED that any extensions, changes or shifts in priorities of the publicly approved fifteen-year plan shall be approved by the General Assembly.

     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 HCS for HJR 1, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 7 of article IX of the Constitution of Missouri, relating to education and adopting one new section in lieu thereof 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 HJR 11, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 27 of article VI of the Constitution of Missouri, relating to joint municipal utility commission revenue bonds, and adopting one new section in lieu thereof 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 538, entitled:

     An Act to amend chapter 173, RSMo, by adding thereto one new section relating to the challenge scholarship program for higher education, with penalty provisions.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

RESOLUTIONS

     Senator Wiggins offered Senate Resolution No. 362, regarding the death of T. Michael Lillis, Kansas City, which was adopted.

     Senator Graves offered Senate Resolution No. 363, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Wade Steele, Maryville, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Rohrbach introduced to the Senate, Jim Casey, Jefferson City.

     Senator Bentley introduced to the Senate, Johanna Perkins, Robert Vaughn, Charles Ransom, Chris Presley and Lee Turman, Springfield; and Johanna, Robert and Charles were made honorary pages.

     Senator Caskey introduced to the Senate, Robin Bledsoe, and fourteen eighth grade students from Harrisonville Christian School, Harrisonville; and Jacob Richmond, Joel Osborn, Lyndsy Hedrick and Jamie Parris were made honorary pages.

     Senator Schneider introduced to the Senate, Elizabeth Eisleben, and students from Wedgewood Elementary School, Florissant; and Alison Stroop, Rita Hunt, Alex Merchant and Kristina Hawley were made honorary pages.

     Senator Graves introduced to the Senate, the Physician of the Day, Dr. James Humphrey, Mound City.

     Senator Caskey introduced to the Senate, Dianna Stephan, Judy Tingley, Pam McCanle, Mrs. Eldred, and one hundred fourth grade students from Butler Public Schools, Butler; and Jeremy Culler, Lyssa Thompson, Tabatha Fleury, Jerret Reno, Katie Quayle, Erick Head, Kassie Barton and Andrew Hamm were made honorary pages.

     On motion of Senator Quick, the Senate adjourned until 10:00 a.m., Wednesday, March 12, 1997.