Journal of the Senate

FIRST REGULAR SESSION


FORTY-FIRST DAY--TUESDAY, MARCH 25, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, use us to make our world a safe place in which to live, where our young people can live out their dreams, write their poetry and compose their songs. Use us to provide a way off the streets for gangs and a way out of poverty for the poor. Use us to bring all the people in to the good life. 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
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Sims offered Senate Resolution No. 446, regarding Betty J. Day, Jefferson City, which was adopted.

THIRD READING OF SENATE BILLS

     SB 371, introduced by Senator Quick, entitled:

     An Act relating to certain road districts.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Quick, SB 371 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ChildersGraves--2
Absent with leave--Senators
CurlsJacob--2

     The President Pro Tem declared the bill passed.

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

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

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

     SB 416, introduced by Senator Klarich, entitled:

     An Act relating to the conveyance of certain real property of the Missouri department of corrections located in St. Louis County.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Klarich, SB 416 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators--Graves--1
Absent with leave--Senators
CurlsJacob--2

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

     SB 353, with SCA 1, introduced by Senator Rohrbach, entitled:

     An Act to amend chapter 67, RSMo, by adding three new sections relating to tourism for a certain city, with an emergency clause.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator Rohrbach, SB 353, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
CurlsJacob--2

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

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

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

     Senator Staples assumed the Chair.

     SB 402, with SCS, introduced by Senator Lybyer, entitled:

     An Act to repeal section 197.400, RSMo 1994, and section 197.445, RSMo Supp. 1996, relating to the regulation of home health agencies, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 402, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 402

     An Act to repeal section 197.400, RSMo 1994, and section 197.445, RSMo Supp. 1996, relating to the regulation of home health agencies, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Lybyer moved that SCS for SB 402 be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for SB 402 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BentleyJohnson--2
Absent with leave--Senators
CurlsJacob--2

     The President declared the bill passed.

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

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

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

     Senator Quick announced that photographers from the Associated Press and the Senate had been given permission to take pictures in the Senate Chamber today.

     SB 410, introduced by Senator Mathewson, entitled:

     An Act to repeal section 407.950, RSMo Supp. 1996, relating to the wheelchair lemon law, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Mathewson, SB 410 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--Curls--1

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

     SB 373, with SCS, introduced by Senator Bentley, entitled:

     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.

     Was called from the Consent Calendar and taken up.

     SCS for SB 373, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 373

     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.

     Was taken up.

     Senator Bentley moved that SCS for SB 373 be adopted, which motion prevailed.

     On motion of Senator Bentley, SCS for SB 373 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Schneider--1
Absent with leave--Senators--Curls--1

     The President declared the bill passed.

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

     Senator Bentley 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 Maxwell moved that SB 202, SB 23 and SB 183, with SCS and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     At the request of Senator Maxwell, SS for SCS for SBs 202, 23 and 183, as amended, was withdrawn.

     Senator Maxwell offered SS No. 2 for SCS for SBs 202, 23 and 183, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 202, 23 and 183

     An Act to repeal sections 96.230, 96.240, 96.250, 96.260, 96.270, 96.280, 96.290, 161.193, 167.260, 205.590, 205.600, 205.610, 205.620, 205.640, 205.650, 205.660, 205.670, 205.680, 205.690, 205.700, 205.710, 205.720, 205.730, 205.740, 205.750, 205.760, 205.765, 205.766, 205.767, 205.769, 205.770, 205.780, 205.790, 205.820, 205.830, 205.840, 205.850, 205.860, 205.870, 205.880, 205.890, 205.900, 205.910, 205.920, 205.930, 205.940, 205.950, 207.010, 207.090, 208.010, 208.015, 208.040, 208.041, 208.042, 208.043, 208.044, 208.047, 208.048, 208.050, 208.060, 208.075, 208.080, 208.120, 208.150, 208.160, 208.170, 208.180, 208.182, 208.325, 208.337, 208.339, 208.342, 208.345, 208.400, 208.405, 208.410, 208.415, 208.500, 208.503, 208.505, 210.245, 210.252, 210.256, 313.008, 473.399, 620.481, 620.521, 620.523, 620.527, 620.528, 620.529, 620.537, 660.016, 660.020, 660.023, and 660.026, RSMo 1994, and sections 135.240, 208.151, 210.221, 313.015, 313.057, 313.835 and 620.530, RSMo Supp. 1996, relating to public health and welfare, and to enact in lieu thereof sixty-nine new sections relating to the same subject.

     Senator Maxwell moved that SS No. 2 for SCS for SBs 202, 23 and 183 be adopted.

     Senator Bentley offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Pages 112-114, Section 313.835, by striking all of section and inserting in lieu thereof the following:

     "313.835. All revenue received by the commission from license fees, penalties, administrative fees, reimbursement by any excursion gambling boat operators for services provided by the commission and admission fees authorized under the provisions of sections 313.800 to 313.850 shall be deposited in the state treasury to the credit of the "Gaming Commission Fund" which is hereby created for the sole purpose of funding the administrative costs of the commission, subject to appropriation. Moneys deposited into this fund shall not be considered proceeds of excursion gambling boat operations. Moneys deposited into the gaming commission fund shall be considered state funds pursuant to article IV, section 15 of the Missouri Constitution. All interest received on the gaming commission fund shall be credited to the gaming commission fund. Any appropriation from the state general revenue fund to fund expenses of the state gaming commission, other than funds from the gaming commission fund, shall be reimbursed to the general revenue fund by July 1, 1995. Beginning July 1, 1995, any excess moneys not already encumbered at the end of any fiscal year in the gaming commission fund shall be distributed in the following manner:

     (1) The first five hundred thousand dollars shall be appropriated on a per capita basis to cities and counties that match the state portion and have demonstrated a need for funding community neighborhood organization programs for the homeless and to deter gang-related violence and crimes;

     (2) Funding shall be appropriated as determined under section 167.260 for programs for those children ages three and four who are eligible for free and reduced price lunch;

     [(2)] (3) Until July 1, 2000, the remaining unencumbered funds shall be transferred to the "Veterans' Commission Capital Improvement Trust Fund", as hereby created in the state treasury. The state treasurer shall administer the veterans' commission capital improvement trust fund, and the moneys in such fund shall be used solely, upon appropriation, by the Missouri veterans' commission for the construction, maintenance or renovation of veterans' homes and cemeteries in this state. Any interest which accrues to the fund shall remain in the fund and shall be used in the same manner as moneys which are transferred to the fund pursuant to this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the veterans' commission capital improvement trust fund at the end of any biennium shall not be transferred to the credit of the general revenue fund. Beginning July 1, 2000, the remaining unencumbered funds shall be transferred from the gaming commission fund to the state general revenue fund.".

     Senator Bentley moved that the above amendment be adopted.

     Senator Rohrbach raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope of the bill.

     The point of order was referred to the President Pro Tem.

     Senator Jacob raised a second point of order that Section 313.835 is out of order in that it goes beyond the scope of the bill.

     The point of order was referred to the President Pro Tem.

     President Pro Tem McKenna took the points of order raised by Senator Rohrbach and Senator Jacob under advisement, placing the bill on the Informal Calendar.

     Senator Mathewson assumed the Chair.

     Senator Caskey moved that SB 361, with SS and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 2 was again taken up.

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

     President Wilson assumed the Chair.

     Senator Staples resumed the Chair.

     At the request of Senator Caskey, SB 361, with SS, as amended (pending), was placed on the Informal Calendar.

REFERRALS

     President Pro Tem McKenna referred SS for SCS for SB 165 to the Committee on State Budget Control.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Education, to which was referred HB 410, begs leave to report that it has considered the same and recommends that the bill do pass.

     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 Senator Johnson.

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 361, with SS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS for SB 361, as amended, was again taken up.

     Senator Jacob offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Bill No. 361, Page 177, Section 2, Line 27 of said page, by inserting immediately after said line the following:

     "Section 3. 1. Notwithstanding the provisions of subsection 1 of section 452.455, RSMo, or subsection 6 of section 452.370, RSMo, to the contrary, the court with jurisdiction may decline to exercise jurisdiction in any modification proceeding if such court finds that exercise of its jurisdiction would be clearly inconvenient to either party to the proceeding. The court shall consider the following factors in determining whether exercise of its jurisdiction would be clearly inconvenient:

     (1) Place of residence of the parties;

     (2) Location of witnesses; and

     (3) The availability to either party of another, more convenient court with jurisdiction.

     2. A finding that a court is a clearly inconvenient forum pursuant to subsection 1 of this section may be made upon the court's own motion or upon the motion of either party to the proceeding.

     3. If the court finds that it is an inconvenient forum and that a court of another county is a more appropriate forum, it shall order a change of venue to the more appropriate forum and state the reasons for the change of venue. The clerk shall transmit the original papers, together with a transcript of all docket entries, to the clerk of the court to which the removal is ordered or the court may order the clerk to prepare a full transcript of the record and proceedings in the case, and transmit the same, duly certified, together with all the original papers in the civil action but not forming part of the record, to the clerk of the court to which the removal is ordered."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Bill No. 361, Page 166, Section 454.1003, Lines 18 and 19, by striking the words: "or the director of the division of child support enforcement"; and

     Amend line 25, by inserting after the word "license" the words: "if the court finds that the obligor is in contempt of a valid support order and that the obligor has the means and ability to pay"; and

     Amend section 454.1005, page 168, line 24, by inserting after the word "suspend" the words "and that the obligor is in contempt of a valid support order and that the obligor has the means and ability to pay"; and

     Amend on page 168, lines 7 to 12, by striking said lines; and amend line 27, by inserting after the word "order" the words "referred to in Section 454.1003.1.(2)".

     Senator Schneider moved that the above amendment be adopted.

     Senator Caskey offered SSA 1 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Bill No. 361, Page 166, Section 454.1003, Lines 18-19 of said page, by striking the following: "or the director of the division of child support enforcement"; and

     Further amend said bill, Page 168, Section 454.1005, Line 10 of said page, by striking the word "or" and inserting in lieu thereof the following: "may enter an order, or the"; and further amend said line, by inserting immediately after the word "may" the following: "in a IV-D case file a motion with the court requesting an order and the court may, without further hearing,"; and

     Further amend said bill, Page 169, Section 454.1005, Line 4 of said page, by inserting a comma "," immediately after the word "court"; and further amend said page, section and line, by inserting immediately after the word "or" the following: "in an IV-D case the court, upon motion of the"; and further amend said line, by inserting immediately after the word "director" the following: ","; and further amend line 6, by inserting immediately after the period "." the following: "In a IV-D case, the court shall review the record of the hearing before the director and determine that competent and substantial evidence exists in the record to support the director's decision before issuing the order."; and further amend lines 12-13, by striking the following: "pursuant to chapter 536, RSMo" and inserting in lieu thereof the following: "as provided for in this section"; and

     Further amend said bill, Page 170, Section 454.1008, Line 1 of said page, by striking the words "or the director"; and further amend line 7 of said page, by striking the words "or the director".

     Senator Caskey moved that the above substitute amendment be adopted.

     At the request of Senator Caskey, SB 361, with SS, SA 4 and SSA 1 for SA 4 (pending), was placed on the Informal Calendar.

     Senator Mathewson resumed the Chair.

     Senator Rohrbach withdrew his point of order on SA 1 to SS No. 2 for SCS for SBs 202, 23 and 183.

     Senator Jacob withdrew his point of order on Section 313.835 of SS No. 2 for SCS for SBs 202, 23 and 183.

     At the request of Senator Bentley, SA 1 was withdrawn.

     SS No. 2 for SCS for SBs 202, 23 and 183 was again taken up.

     Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Pages 106-114, Section 313.008, Line 24, by deleting sections 313.008, 313.015, 313.057, and 313.835, and further amend the title and enacting clause accordingly.

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

     Senator Wiggins offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 11, Section 3, Line 9, by inserting after the word, "disabilities" the following: "or other incapacity as determined by the department".

     Senator Wiggins moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 11, Section 3, Line 9, by inserting after the word, "disabilities", the following: "or other incapacity as determined by the department. Funding for this program must be appropriated as a separate item in the budget for the department.

     This subsection will expire on January 1, 2005.".

     Senator Rohrbach moved that the above substitute amendment be adopted.

     At the request of Senator Rohrbach, SSA 1 for SA 3 was withdrawn.

     At the request of Senator Wiggins, SA 3 was withdrawn.

     Senator Johnson resumed the Chair.

     Senator Russell offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Page 30, Section 20, Line 27 of said page, by inserting immediately after all of said line the following:

     "5. Any person receiving public assistance benefits pursuant to chapter 208, RSMo, is deemed to have consented to a drug test to detect the use of controlled substances. Such test may be requested by the director of the department of social services. Any public assistance recipient who is found to have tested positive for the use of a controlled substance, which was not prescribed for such recipient by a licensed physician or dentist, shall, after an administrative hearing conducted pursuant to the provisions of chapter 536, RSMo, be declared ineligible for all public assistance benefits of a period of three years from the date of the administrative hearing.

     6. The director shall promulgate rules to effectuate the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.".

     Senator Russell moved that the above amendment be adopted.

     Senator Russell requested a roll call vote be taken and was joined in his request by Senators Kenney, Rohrbach, Singleton and Westfall.

     SA 4 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersDePascoEhlmann
FlotronGravesKenneyKinder
KlarichLybyerMuellerRohrbach
RussellScottSingletonWestfall
Yeckel--17
Nays--Senators
BanksCaskeyClayCurls
GoodeHouseHowardJacob
JohnsonMathewsonMaxwellMcKenna
QuickSchneiderSimsStaples
Wiggins--17
Absent--Senators--None
Absent with leave--Senators--None

     Senator Yeckel offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Page 45, Section 31, Line 9 of said page, by inserting immediately after all of said line the following:

     "Section 32. 1. The department in conjunction with community colleges and vocational schools shall develop pilot programs utilizing a coordinated approach to enable welfare recipients to obtain an education that leads to permanent full-time employment with benefits while ensuring that they meet the work participation requirements under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act.

     2. At least one pilot program shall be established with a community college and at least one with a vocational school. The pilot programs shall include activities in which will count towards the work participation rate such as:

     (1) Work/study employment;

     (2) Cooperative work experience where students earn units of college credit for their work;

     (3) Internships where students obtain practical work experience in the occupational field in which they are training;

     (4) Community service programs where students perform community service work in their field of study while earning a stipend for future continued education; and

     (5) Work opportunity agreements where students who participate in a work opportunity program with private business are guaranteed employment in the field of their training at the successful completion of their education.

     3. Community college and vocational school staff will coordinate services for students.

     4. Subsidized child care will be provided while welfare recipients are attending college, vocational school and participating in work activities.

     5. The department shall contract for independent evaluation of the pilot programs and report to the legislature annually."; and

     Further amend the title and enacting clause accordingly.

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

     President Pro Tem McKenna resumed the Chair.

     Senator Lybyer offered SA 6, which was read:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 8, Section 3, Line 14, by deleting the words "one hundred percent" and insert in lieu thereof the following "eighty percent"; and further amend said bill and section on line 18, by deleting the words "one hundred percent" and insert in lieu thereof the following "eighty percent"; and further amend said bill and section on line 22, by inserting a "." after the word "amended" and delete the rest of said line and all of lines 23-25.

     Senator Lybyer moved that the above amendment be adopted.

     At the request of Senator Maxwell, SB 202, SB 23 and SB 183, with SCS, SS No. 2 for SCS and SA 6 (pending), were placed on the Informal Calendar.

     Senator Caskey moved that SB 361, with SS, SA 4 and SSA 1 for SA 4 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     At the request of Senator Caskey, SSA 1 for SA 4 was withdrawn.

     Senator Schneider requested unanimous consent of the Senate to change the word "contempt" to "violation" in SA 4, which request was granted.

     Senator Schneider moved that SA 4 be adopted, which motion prevailed.

     Senator Schneider offered SA 5, which was read:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Bill No. 361, Page 166, Section 454.1003, Line 27, by inserting a comma after the word: "fails" and inserting the words: "without good cause,".

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

     Senator Caskey moved that SS for SB 361, as amended, be adopted, which motion prevailed.

     On motion of Senator Caskey, SS for SB 361, as amended, was declared perfected and ordered printed.

     Senator Scott moved that SB 291, with SCS and SA 4 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     At the request of Senator Scott, SB 291, with SCS and SA 4 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

     The following messages were received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 797, entitled:

     An Act to repeal section 171.033, RSMo 1994, relating to school attendance, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 386, entitled:

     An Act relating to public nuisances.

     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 379, entitled:

     An Act to repeal sections 306.031, 306.060, 306.122, 306.125, 306.126, 306.142, 306.147, 306.221, 306.550 and 306.903, RSMo Supp. 1996, relating to watercraft, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions and an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 612, entitled:

     An Act to repeal sections 169.440 and 169.466, RSMo Supp. 1996, relating to certain teacher and school employee retirement systems, and to enact in lieu thereof two new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

RESOLUTIONS

     Senator Mueller offered Senate Resolution No. 447, regarding Brian Christopher Foerstel, Fenton, which was adopted.

     Senator Klarich offered Senate Resolution No. 448, regarding Mr. Lloyd Lofting, St. Clair, which was adopted.

COMMUNICATIONS

     President Pro Tem McKenna submitted the following:

March 25, 1997

Ms. Terry Spieler

Secretary of Missouri Senate

Capitol Building, Room 325

Jefferson City, MO 65101

Dear Madam Secretary:

As Senator Phil Curls has returned I am putting him back on the Appropriations Committee and removing Senator Danny Staples who had replaced him.

If you have any questions or concerns please do not hesitate to contact me.

          Sincerely,

          /s/ Bill

          Bill McKenna

          President Pro Tem

INTRODUCTIONS OF GUESTS

     Senator Howard introduced to the Senate, Andrea Essner, Dexter; and Andrea was made an honorary page.

     Senator Mathewson introduced to the Senate, Becky Platner, Grand Pass.

     Senator Sims introduced to the Senate, Amy Hearn, and Krystal and Nicole Burch, St. Louis; and Amy, Krystal and Nicole were made honorary pages.

     Senator Flotron introduced to the Senate, Lydia Hasekamp, Marian Lightfoot, Kay Simones, Aline Newman and Alice Vitello, St. Louis.

     Senator Mueller introduced to the Senate, Gene and Silvia Bowling and their granddaughter, Michelle Loos, St. Louis; and Michelle was made an honorary page.

     Senator Caskey introduced to the Senate, Violet Corbett, Knob Noster; Amy Stewart, Warrensburg; and Heather Reese, Centerville.

     Senator Ehlmann introduced to the Senate, his mother, Beulah Ehlmann, Becky Malawey, and her daughter, Natalie, Ruth Bruns, Elinor Buzan, Maggie Gross and Pat Buravik, St. Charles County.

     Senator Yeckel introduced to the Senate, Girl Scout Troop 3085, Truman Elementary School, St. Louis; and Sarah Baumgartner, Cassie Rocco, Lauren Begany and Katie Ellison were made honorary pages.

     Senator Childers introduced to the Senate, Roy Jones, Gainesville; Loy Shortt, Ava; Jerry Hoymeyer, Reeds Spring; and John Lewis, Branson.

     Senator Klarich introduced to the Senate, William Diez, and his wife, Imogene, Beaufort; Alice Merrill and Virginia Froelker, Gerald; Carolyn Sansone-Webb, Union; Sue Luedde, Villa Ridge; and Anna Marie Lippert, Union.

     Senator Lybyer introduced to the Senate, Kelly Moncrief, Licking; and Kelly was made an honorary page.

     Senator Sims introduced to the Senate, Catherine Amery Brown, Creve Coeur; and Catherine was made an honorary page.

     Senator McKenna introduced to the Senate, Mike and Linda Rice, and their children, Heather, Joanna and Joel Rice, Homeschoolers from House Springs; and Heather, Joanna and Joel were made honorary pages.

     Senator Yeckel introduced to the Senate, Holly Brand, St. Louis; and Anke Scheibler, Germany.

     Senator Childers introduced to the Senate, Allison Casper, Monett; and Allison was made an honorary page.

     Senator Westfall introduced to the Senate, LaRue Lemon, Lockwood.

     Senator Johnson introduced to the Senate, Barbara Kay Yost, Parkville; and Barbara Kay was made an honorary page.

     Senator Kenney introduced to the Senate, Janelle Meyer, Owensville; and Natalie Norlund, Blue Springs.

     Senator McKenna introduced to the Senate, Jackie Wills, and forty eighth grade students from Crystal City Junior High School, Crystal City.

     Senator Klarich introduced to the Senate, Dr. Charles Portwood, Manchester; Dr. John Simmons, Washington; Kimberly Miller, O'Fallon; Kevin Howard, Ballwin; and Paul Brown, St. Louis.

     Senator Yeckel introduced to the Senate, Joanne Breckenridge and Jeanne Hacker, St. Louis.

     Senator Westfall introduced to the Senate, Rachell Hawks, Greenfield; and Carman Vandergrift, Everton.

     Senator Caskey introduced to the Senate, Jay and Sheila Knight, and Don and Barbara Donnohue, Appleton City.

     Senator Klarich introduced to the Senate, Kevin and Robbie Brouk, Franklin County.

     Senator Schneider introduced to the Senate, Sara Besserman, Florissant; and Sara was made an honorary page.

     Senator Quick introduced to the Senate, Ms. Wendy Schirmer, and twenty-three Girl Scouts from Gladstone.

     Senator Singleton introduced to the Senate, Epic Haddock, Neosho.

     On behalf of Senator Johnson, the President introduced to the Senate, Pam Canterbury, and Juniors from St. Joseph Youth Academy, St. Joseph; and Angela Korte, Kylee Dillon, Matt Spalding, Jeremy Kerns and Bryan Metzinger were made honorary pages.

     Senator Schneider introduced to the Senate, Kathy Schroeder, and students from St. Angela Merici School, St. Louis; and Elizabeth Rupp, Jeffrey Scott and Kyle Lundry were made honorary pages.

     Senator Howard introduced to the Senate, Mary Burton, Anna, Illinois.

     Senator Caskey introduced to the Senate, Michael Bersin, Joan Ferguson and Gary Grigsby, Warrensburg.

     Senator Wiggins introduced to the Senate, Buck O'Neill, Don Motley, Ray Doswell, Julie Lindsay and George Bulady, Kansas City.

     Senator Klarich introduced to the Senate, Marty DeMay, Chesterfield; Patti Ledford, Belton; Susie Freece, Lathrop; and Barbara O'Connor, Cameron.

     Senator Johnson introduced to the Senate, Sarah Russell, St. Joseph.

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