Journal of the Senate

FIRST REGULAR SESSION


FIFTY-FIRST DAY--MONDAY, APRIL 14, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we know that without hope, there is no real meaning in life. We have hope that what we do here will make a difference. We have hope that our lives, our deeds, the bills we pass and laws we make will be a part of the solution and not a part of the problem. We pray for guidance that our hope will give way to assurance. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, April 10, 1997, was read and approved.

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

Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators
Scott--1
The Lieutenant Governor was present.

RESOLUTIONS

     On behalf of Senator Scott, Senator Quick offered Senate Resolution No. 593, regarding the Eighty-sixth Birthday of Maggie Guida, Lakeville, Pennsylvania, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 594, regarding Judith A. Schwartz and Traecy A. Warford, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 595, regarding Brian Benton, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 596, regarding Steven W. Hurst, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 597, regarding David A. Bennett, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 598, regarding Elizabeth H. Burrows, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 599, regarding Max Penberthy, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 600, regarding the Baue Funeral Home, which was adopted.

     Senator House offered Senate Resolution No. 601, regarding the Church of the Nazarene, Bowling Green, which was adopted.

     Senator Howard offered Senate Resolution No. 602, regarding the Faculty of Gideon High School, which was adopted.

     Senator Howard offered Senate Resolution No. 603, regarding Nathan Alexander, Poplar Bluff, which was adopted.

     Senator Mathewson offered Senate Resolution No. 604, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Maple, Sedalia, which was adopted.

     Senator Flotron offered Senate Resolution No. 605, regarding Brian C. Lewis, which was adopted.

     Senator Mueller offered Senate Resolution No. 606, regarding Ellie Grosshaus, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 607, regarding Wanita Humphrey, Waynesville, which was adopted.

     Senator Bentley offered Senate Resolution No. 608, regarding "Take Our Daughters to Work Day", which was adopted.

     Senator Schneider offered Senate Resolution No. 609, regarding the Honorable Ellis Gregory, Jr., Clayton, which was adopted.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Transportation, to which was referred HB 783, 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 Transportation, to which was referred HB 773, 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 Transportation, to which was referred HB 124, 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 Transportation, to which was referred HB 769, 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 report:

     Mr. President: Your Committee on Ways and Means, to which was referred HB 348, 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 Lybyer, Chairman of the Committee on Appropriations, submitted the following report:

     Mr. President: Your Committee on Appropriations, to which was referred HB 438, begs leave to report that it has considered the same and recommends that the bill do pass and placed on the Consent Calendar.

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

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 700, 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 HB 761, 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 Elections, Pensions and Veterans' Affairs, to which was referred HB 734, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 734, Page 1, In the Title, Line 3, by striking the words "one new section" and inserting in lieu thereof the words "two new sections"; and

     Further amend said bill, Page 1, In the Title, Line 3, by inserting after the word "subject" the following: ", with an emergency clause"; and

     Further amend said bill, Page 1, Section A, Line 1, 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 following: "section 115.121" and inserting in lieu thereof the following: "sections 115.121 and 1"; and

     Further amend said bill, Page 1, Section 115.121, Line 7, by inserting immediately after all of said line the following:

     "Section 1. The provisions of section 115.123, RSMo, to the contrary notwith-standing, any county, city, town or village may hold an election on the first Tuesday after the first Monday in August, 1997.

     Section B. Because immediate action is necessary for voters to exercise their voting rights, section 1 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.".

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 712, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 712, Page 1, Section 115.300, Line 2, by striking the following: "[may] shall" and inserting in lieu thereof the following: "may".

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 612, 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 Elections, Pensions and Veterans' Affairs, to which was referred HB 590, 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 Elections, Pensions and Veterans' Affairs, to which was referred HB 543, 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 Elections, Pensions and Veterans' Affairs, to which was referred HB 526, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 526, Page 1, Section 130.041, Line 4, by striking the word "county" and inserting in lieu thereof the following: "political party"; and further amend said line, by striking the following: "two thousand five hundred" and inserting in lieu thereof the following: "one thousand".

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 482, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 482, Page 4, Section 169.040, Lines 45-46, by striking the following: "another method has been determined by the board to be appropriate" and inserting in lieu thereof the following: "the recipient objects"; and

     Further amend said bill, Page 21, Section 169.630, Lines 33-34, by striking the following: "another method has been determined by the board to be appropriate" and inserting in lieu thereof the following: "the recipient objects".

     Also,

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 169, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

MESSAGES FROM THE HOUSE

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt Conference Committee Report on SCS for SB 430 and requests a further conference on SCS for SB 430, as amended.

PRIVILEGED MOTIONS

     Senator Caskey moved that the Senate grant the House further conference on SCS for SB 430, with HSA 1 for HCA 1, HA 1 and HA 2, which motion prevailed.

     Senator Johnson assumed the Chair.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for SB 430, with HSA 1 for HCA 1, HA 1 and HA 2: Senators Caskey, Scott, Mathewson, Klarich and Graves.

MESSAGES FROM THE GOVERNOR

     The following message was received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on April 3, 1997 for your advice and consent.

     Debra A. Dorshorst, B.S.R.T., Democrat, 2018 S. Oak Grove, Springfield, Greene County, Missouri 65804, as a member of the Missouri Board for Respiratory Care, for a term ending April 3, 2000, and until her successor is duly appointed and qualified; vice, RSMo 334.830.

Most Sincerely,

MEL CARNAHAN

Governor

     President Pro Tem McKenna moved that the above appointment be returned to the Governor, pursuant to his request, which motion prevailed.

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

     The following addendum should be made to the appointment of Donald E. Clark, D.P.M. for the State Board of Podiatric Medicine, submitted to you on March 27, 1997. Line 1 should be amended to read:

     Donald E. Clark, D.P.M., Republican, 212 North Connor, Joplin, Jasper

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

     The following addendum should be made to the appointment of Krikor O. Partamian for the Missouri Western State College Board of Regents, submitted to you on March 20, 1997. Line 1 should be amended to read:

     Krikor O. Partamian, M.D., Democrat, 33 Court Drive, St. Joseph,

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Gary Ball, 1922 South Circle Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     William E. Hickle, 904 Southview, Rolla, Phelps County, Missouri 65401, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Lisa M. Boone, Democrat, 310 East 67th Street, Kansas City, Jackson County, Missouri 64113, as a member of the Missouri Emergency Response Commission, for a term ending December 15, 2000, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Nell M. Pollnow, Republican, 16210 Wilson View Estates Drive, Chesterfield, St. Louis County, Missouri 63005, as a member of the Missouri Health Facilities Review Committee, for a term ending January 1, 1999, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Rose C. Brower, Republican, 6260 Westway Place, St. Louis City, Missouri 63109, as a member of the Missouri Health Facilities Review Committee, for a term ending January 1, 1999, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Linda S. Tarpley, Democrat, 455 East 81st Street, Kansas City, Jackson County, Missouri 64131, as Chair of the Kansas City Board of Election Commissioners, for a term ending January 1, 2001, and until her successor is duly appointed and qualified; vice, Sally Tranin, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Patricia A. Garney, Republican, 4200 North Hickory Lane, Kansas City, Clay County, Missouri 64116, as a member of the Missouri Women's Council, for a term ending December 6, 1999, and until her successor is duly appointed and qualified; vice, Katherine (Casey) Eike, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     James Bradford Willett, Democrat, 8557 County Road 418, Hannibal, Marion County, Missouri 63401, as a member of the Missouri Emergency Response Commission, for a term ending December 15, 2000, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Roy C. Wilson, M.D., 1502 Rehagen, Jefferson City, Cole County, Missouri 65101, as a member of the Missouri Head Injury Advisory Council, for a term ending May 27, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Gretchen Godar Myers, Democrat, 814 Stable Ridge Lane, Kirkwood, St. Louis County, Missouri 63122, as a member of the Regional Convention and Sports Complex Authority, for a term ending May 31, 2002, and until her successor is duly appointed and qualified; vice, William Kimme, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Vetta L. Sanders Thompson, Democrat, 9900 Martingale, Bellefontaine Neighbors, St. Louis County, Missouri 63137, as the public member on the Missouri Board for Respiratory Care, for a term ending April 3, 1999, and until her successor is duly appointed and qualified; vice, RSMo 334.830.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Oswald L. Thomas, D.D.S., 7151 Olive Street Road, University City, St. Louis County, Missouri 63130, as a member of the Missouri Dental Board, for a term ending October 16, 2001, and until his successor is duly appointed and qualified; vice, Charles D. Fuszner, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 10, 1997

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

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

     Charles D. Fuszner, D.M.D., 416 Hawbrook Court, Kirkwood, St. Louis County, Missouri 63122, as a member of the Missouri Dental Board, for a term ending October 16, 1998, and until his successor is duly appointed and qualified; vice, Sere S. Myers, Jr., resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

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

HOUSE BILLS ON SECOND READING

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

     HB 13--Appropriations.

     HB 17--Appropriations.

     HB 19--Appropriations.

THIRD READING OF SENATE BILLS

     Senator Maxwell moved that SS for SB 208 be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     On motion of Senator Maxwell, SS for SB 208 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderLybyer
MathewsonMaxwellMcKennaMueller
QuickRussellSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators
Rohrbach--1
Absent--Senators
CurlsGravesKlarichSchneider--4
Absent with leave--Senators
Scott--1

     The President declared the bill passed.

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

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

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

     SB 176, introduced by Senator Maxwell, entitled:

     An Act to amend chapter 644, RSMo, by adding one new section relating to the authorization of additional state bonds.

     Was taken up.

     On motion of Senator Maxwell, SB 176 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRussellSchneider
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators
Rohrbach--1
Absent--Senators
CurlsGraves--2
Absent with leave--Senators
Scott--1

     The President declared the bill passed.

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

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

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

     SB 6, introduced by Senator Wiggins, entitled:

     An Act to repeal sections 400.1-105, 400.1-206, 400.2-512, 400.4-104, 400.5-102, 400.5-103, 400.5-104, 400.5-105, 400.5-106, 400.5-107, 400.5-108, 400.5-109, 400.5-110, 400.5-111, 400.5-112, 400.5-113, 400.5-114, 400.5-115, 400.5-116, 400.5-117, 400.8-102, 400.8-103, 400.8-104, 400.8-105, 400.8-106, 400.8-107, 400.8-108, 400.8-109, 400.8-201, 400.8-202, 400.8-203, 400.8-204, 400.8-205, 400.8-206, 400.8-207, 400.8-208, 400.8-301, 400.8-302, 400.8-303, 400.8-304, 400.8-305, 400.8-306, 400.8-307, 400.8-308, 400.8-309, 400.8-310, 400.8-311, 400.8-312, 400.8-313, 400.8-314, 400.8-315, 400.8-316, 400.8-317, 400.8-318, 400.8-319, 400.8-320, 400.8-321, 400.8-401, 400.8-402, 400.8-403, 400.8-404, 400.8-405, 400.8-406, 400.8-407, 400.8-408, 400.9-103, 400.9-104, 400.9-105, 400.9-106, 400.9-203, 400.9-301, 400.9-302, 400.9-303, 400.9-304, 400.9-305, 400.9-309 and 400.9-312, RSMo 1994, and sections 400.9-306 and 400.9-402, RSMo Supp. 1996, relating to the uniform commercial code, and to enact in lieu thereof eighty-seven new sections relating to the same subject.

     Was taken up.

     President Pro Tem McKenna resumed the Chair.

     On motion of Senator Wiggins, SB 6 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsGraves--2
Absent with leave--Senators
Scott--1

     The President Pro Tem declared the bill passed.

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

     Senator Wiggins 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 SB 79, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 79

     An Act to amend chapter 265, RSMo, relating to agricultural products, by adding eleven new sections relating to the same subject, with penalty provisions and an emergency clause.

     Was taken up by Senator Howard.

     Senator Howard moved that SCS for SB 79 be read the 3rd time and finally passed.

     At the request of Senator Howard, the motion for 3rd reading was withdrawn.

     At the request of Senator Howard, SCS for SB 79 was placed on the Informal Calendar.

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

     Senator Mathewson requested unanimous consent of the Senate to suspend the rules to allow the Superintendent of the Highway Patrol and the Superintendent of the Water Patrol into the Senate Chamber, which request was granted.

RESOLUTIONS

     Senators Rohrbach, Mathewson and Russell offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 610

     WHEREAS, the members of the Missouri Senate regard this state's law enforcement officers as an exceptionally dedicated group of professionals who continually serve as models of courage, efficiency, and effectiveness for their fellow officers across the nation; and

     WHEREAS, law enforcement officers of the Missouri Highway Patrol, the Missouri Water Patrol, and various local sheriff departments and city police agencies recently brought to a successful conclusion one of the longest and most widely-covered manhunts in Missouri history; and

     WHEREAS, on April 7, 1997, triple-murder suspect Alis Ben Johns, a skilled woodsman who had eluded police for five and a half months, was captured at a hunting cabin near Cole Camp, Missouri, where he was shot in the abdomen while attempting to use his girlfriend, Beverly Guehrer-McComb, as a shield; and

     WHEREAS, the manhunt for Alis Ben Johns began on October 1, 1996, when the Pulaski County Sheriff and his deputies began a county-wide search for Johns as a suspect in the September 30 murder of Thomas Stewart of Dixon, Missouri, who was found dead of multiple gunshot wounds; and

     WHEREAS, the search for Alis Ben Johns intensified after February 28, 1997, when Richland farmer Leonard Voyles was found murdered, and following the discovery of the shooting death of Newton County resident Wilma Bragg on March 10, the FBI and Missouri Highway Patrol joined authorities from three counties in the search for Mr. Johns, whom they suspected in all three homicides; and

     WHEREAS, shortly before Alis Ben Johns was captured, members of the Missouri National Guard's 1139th military police company were activated to join law enforcement officers in the massive manhunt; and

     WHEREAS, skill, expertise, and outstanding leadership contributed to the success of this dangerous mission, during which not one of the more than three hundred officers had sustained injury:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, hereby join unanimously in applauding all the dedicated law enforcement officers involved with the successful capture of Alis Ben Johns and Beverly Guehrer-McComb for their admirable efforts in risking their own lives to ensure the safety and well-being of the public, including the officers of the Benton County Sheriff's Department; the Missouri State Highway Patrol; and the Missouri State Water Patrol; and the members of the 1139th Military Police Company of the Missouri National Guard; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Missouri State Water Patrol officers Erik A. Gottman and Captain Bill Swineburg, Benton County Sheriff Glenn Spencer, the Missouri State Water Patrol, the Missouri State Highway Patrol, and the Missouri National Guard's 1139th Military Police Company.

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

MESSAGES FROM THE HOUSE

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee to act with a like committee from the Senate on SCS for SB 430: Representatives: Crump, Hosmer, Overschmidt, Townley, Griesheimer.

CONFERENCE COMMITTEE REPORTS

     Senator Caskey, on behalf of the conference committee appointed to act with a like committee from the House on SCS for SB 430, with HSA 1 for HCA 1, HA 1 and HA 2, submitted the following conference committee report no. 2:

CONFERENCE COMMITTEE REPORT NO. 2 ON SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 430

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Committee Substitute for Senate Bill 430 with House Substitute Amendment No. 1 for House Committee Amendment No. 1 and House Amendments No. 1 and No. 2, begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Amendment No. 2;

     2. That the Senate recede from its position on House Substitute Amendment No. 1 for House Committee Amendment No. 1 and House Amendment No. 1;

     3. That the attached Conference Committee Amendment No. 1 be adopted; and

     4. That Senate Committee Substitute for Senate Bill 430 with House Substitute Amendment No. 1 for House Committee Amendment No. 1, House Amendment No. 1 and Conference Committee Amendment No. 1 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Harold L. Caskey      /s/ Wayne Crump

/s/ Jim Mathewson      /s/ Craig Hosmer

John E. Scott      /s/ Francis Overschmidt

/s/ Sam Graves      /s/ John E. Griesheimer

/s/ David Klarich      Merrill Townley

CONFERENCE COMMITTEE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 430, Page 10, Section 595.020, Line 69, by adding immediately after said line, the following:

     "Section 1. 1. In any action challenging any rule promulgated pursuant to the provisions of this act, the agency, as defined in section 536.010, RSMo, promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

     2. The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails in such action.

     3. All rules promulgated pursuant to the provisions of this section, shall expire on August 28 of the year after the year in which the rule became effective unless the general assembly extends by statute the rule or set of rules beyond that date to a date specified by the general assembly.

     4. Any rulemaking authority granted pursuant to the provisions of this act, is subject to any rulemaking authority contained in chapter 536, RSMo, including any subsequent amendments to chapter 536, RSMo.

     5. The provisions of this section shall not take effect if legislation amending the provisions of section 536.024, RSMo, has been signed into law prior to the effective date of this act.

     6. The provisions of this section shall not apply to any rules promulgated pursuant to chapter 595, RSMo."; and

     Further amend the title and enacting clause accordingly.

     Senator Caskey moved that the above conference committee report no. 2 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
Banks--1
Absent with leave--Senators
Scott--1

     On motion of Senator Caskey, SCS for SB 430, as amended by the conference committee report no. 2, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksStaples--2
Absent with leave--Senators
Scott--1

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
CaskeyChildersClayCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksBentley--2
Absent with leave--Senators
Scott--1

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

THIRD READING OF SENATE BILLS

     SS for SB 22, introduced by Senator Lybyer, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 22

     An Act to repeal sections 178.420 and 178.635, RSMo Supp. 1996, relating to Linn State Technical College, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     On motion of Senator Lybyer, SS for SB 22 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
Scott--1

     The President Pro Tem 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 Caskey moved that motion lay on the table, which motion prevailed.

     SB 264, introduced by Senator Caskey, entitled:

     An Act to repeal section 178.930, RSMo 1994, relating to sheltered workshops, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     On motion of Senator Caskey, SB 264 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRussell
SchneiderSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators
Rohrbach--1
Absent--Senators
Banks--1
Absent with leave--Senators
Scott--1

     The President Pro Tem 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 Sims moved that motion lay on the table, which motion prevailed.

     SS for SCS for SB 327, introduced by Senator Sims, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 327

     An Act to amend chapter 355, RSMo, by adding thereto eleven new sections relating to transfers of assets by nonprofit hospitals, with an emergency clause.

     Was taken up.

     On motion of Senator Sims, SS for SCS for SB 327 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
Staples--1
Absent with leave--Senators
Scott--1

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
Staples--1
Absent with leave--Senators
Scott--1

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

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

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

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SB 271, with SS No. 2, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS No. 2 for SB 271, as amended, was again taken up.

     Senator Flotron offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute No. 2 for Senate Bill No. 271, Page 3, Section 536.610, Line 7 of said page, by inserting immediately after said line the following:

     "7. In the event a final judgment is rendered by a court which judgment determines that any provision of this act taking effect on or after August 28, 1997, constitutes a new activity or service or increase in the level of an activity or service beyond that required by existing law pursuant to article X, section 21 of the Missouri constitution, or any successor to that section, such provision shall be void ab initio.".

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

     Senator Flotron offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute No. 2 for Senate Bill No. 271, Page 3, Section 536.610, Line 7 of said page, by inserting immediately after said line the following:

     "7. Notwithstanding any other provisions of sections 537.600 to 537.650, the rules of joint and several liability as set out in section 537.067 shall not apply to the state, its public entities and their employees, agents, servants and representatives on claims within the scope of sections 537.600 to 537.650, but the state, its public entities and their employees, agents, servants and representatives shall be liable only for any amounts apportioned to them and directly attributable to them.".

     Senator Flotron moved that the above amendment be adopted.

     Senator Schneider offered SSA 1 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 4

     Amend Senate Substitute No. 2 for Senate Bill No. 271, Page 3, Section 536.610, Line 7, by inserting after said line the following:

     "7. The rules of joint and several liability shall be applicable as provided in Section 537.067 including provisions for contribution between tort- feasors.".

     Senator Schneider moved that the above substitute amendment be adopted.

     Senator Flotron offered SA 1 to SSA 1 for SA 4, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 4

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 4 to Senate Substitute No. 2 for Senate Bill No. 271, Page 1, Section 536.610, Line 4, by adding after the word "shall" the word "not".

     Senator Flotron moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 1 to SSA 1 for SA 4 is out of order in that the amendment is in the third degree.

     President Pro Tem McKenna ruled the point of order not well taken.

     Senator Jacob raised the point of order that SA 1 to SSA 1 for SA 4 is out of order in that it turns a positive into a negative.

     President Pro Tem McKenna ruled the point of order not well taken.

     Senator Flotron moved that SA 1 to SSA 1 for SA 4 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Mueller, Sims and Kinder.

     SA 1 to SSA 1 for SA 4 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersFlotronGoode
GravesHowardKenneyKinder
MuellerRohrbachRussellSims
SingletonWestfallYeckel--15
Nays--Senators
BanksCaskeyClayCurls
DePascoEhlmannHouseJacob
JohnsonKlarichLybyerMathewson
MaxwellMcKennaQuickSchneider
StaplesWiggins--18
Absent--Senators--None
Absent with leave--Senators
Scott--1

     Senator Schneider moved that SSA 1 for SA 4 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Wiggins, House, Russell and Caskey.

     SSA 1 for SA 4 failed of adoption by the following vote:
Yeas--Senators
BanksCaskeyCurlsDePasco
HouseJacobJohnsonKlarich
LybyerMathewsonMaxwellMcKenna
QuickSchneiderStaplesWiggins--16
Nays--Senators
BentleyChildersClayEhlmann
FlotronGoodeGravesHoward
KenneyKinderMuellerRohrbach
RussellSimsSingletonWestfall
Yeckel--17
Absent--Senators--None
Absent with leave--Senators
Scott--1

     SA 4 was again taken up.

     Senator Flotron moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Sims, Mueller, Kinder and Bentley.

     SA 4 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersFlotronGoode
GravesHowardKenneyKinder
MuellerRohrbachRussellSims
SingletonStaplesWestfallYeckel--16
Nays--Senators
BanksCaskeyClayCurls
DePascoEhlmannHouseJacob
JohnsonKlarichLybyerMathewson
MaxwellMcKennaQuickSchneider
Wiggins--17
Absent--Senators--None
Absent with leave--Senators
Scott--1

     Senator Childers offered SA 5, which was read:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute No. 2 for Senate Bill No. 271, Page 3, Section 537.610, Line 7, by adding: "Any party which is not successful in bringing suit involving the sovereign immunity of the state and its public entities shall pay the reasonable expenses of the prevailing party.".

     Senator Childers moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Graves, Kenney, Kinder and Mueller.

     SA 5 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersFlotronGraves
HowardKenneyKinderMueller
QuickRohrbachRussellSims
SingletonStaplesWestfallYeckel--16
Nays--Senators
BanksCaskeyClayCurls
DePascoEhlmannGoodeHouse
JacobJohnsonKlarichLybyer
MathewsonMaxwellMcKennaSchneider
Wiggins--17
Absent--Senators--None
Absent with leave--Senators
Scott--1

     Senator Kenney offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute No. 2 for Senate Bill No. 271, Page 2, Section 537.610, Line 22, by deleting lines 22 through and including the word "be" on line 28; and

     Further amend said bill, same page, by deleting from and including the word "by" on line 28 through and including line 4 on page 3.

     Senator Kenney moved that the above amendment be adopted.

     Senator Staples raised the point of order that SA 6 is out of order in that it attempts to amend previously amended material.

     Senator Mathewson assumed the Chair.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     SA 6 was again taken up.

     At the request of Senator Schneider, SB 271, with SS No. 2, as amended, and SA 6 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 2 on SCS for SB 430 and has taken up and passed SCS for SB 430 as amended by the conference committee report no. 2.

     Emergency clause adopted.

     Bill ordered enrolled.

     President Pro Tem McKenna resumed the Chair.

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, to which was referred SCS for SB 430, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SS for SCS for SB 345, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and SCS for SB 430, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

REPORTS OF STANDING COMMITTEES

     Senator Curls, Chairman of the Committee on Insurance and Housing, submitted the following reports:

     Mr. President: Your Committee on Insurance and Housing, to which was referred HB 626, 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 Insurance and Housing, to which was referred HB 622, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 622, Page 1, Section 376.562, Line 3, by inserting after the word "enforce" the following: ", in the absence of any fraud or coercion,"; and

     Further amend said bill, Page 2, Section 377.080, Line 10, by inserting after the word "if" the following: ", in the absence of any fraud or coercion"; and

     Further amend said bill, Page 2, Section 377.310, Line 12, by inserting after the word "if" the following: ", in the absence of any fraud or coercion".

     Also,

     Mr. President: Your Committee on Insurance and Housing, to which was referred HB 319, 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 Insurance and Housing, to which was referred HB 793, 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 Insurance and Housing, to which was referred HB 386, 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 Maxwell, Chairman of the Joint Committee on Administrative Rules, submitted a report from the Committee regarding the Department of Natural Resources and 10 CSR 80-2.013 Public Participation, Solid Waste Management. A full copy of the report is on file in the Secretary of Senate's office.

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

     Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 107, 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 Financial and Governmental Organization, to which was referred HB 659, 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 Financial and Governmental Organization, to which was referred HB 655, 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 Schneider, Chairman of the Committee on Judiciary, submitted the following reports:

     Mr. President: Your Committee on Judiciary, to which was referred HB 59, 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 Judiciary, to which was referred HB 265, 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 HB 250, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 250, Page 1, Section 355.316, Line 2, by striking the words "a board of curators"; and

     Further amend said bill, page 1, section 355.316, line 4, by inserting immediately after said line the following:

     "3. Any corporation established pursuant to this chapter before the effective date of this act may use the term "board of curators" as the name of the not for profit corporation's board of directors.".

     Also,

     Mr. President: Your Committee on Education, to which was referred HB 663, 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 HB 797, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 797, Page 2, Section 171.033, Line 15, by inserting immediately after the word "district" the following: "in which schools are in session for twelve months of each calendar year".

     Also,

     Mr. President: Your Committee on Education, to which was referred HB 604, 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 HB 521, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 521, Page 1, In the Title, Line 2, by inserting immediately after the number "162.191," the number "162.203,"; and

     Further amend said bill, Page 1, In the Title, Line 3, by deleting the word "three" and inserting in lieu thereof the word "four"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting immediately after the number "162.191," the number "162.203,"; and

     Further amend said bill, Page 1, Section A, Line 2, by deleting all of said line and inserting in lieu thereof the following: "and four new sections enacted in lieu thereof, to be known as sections 162.191, 162.203, 162.223 and"; and

     Further amend said bill, Page 2, Section 162.191, Line 13, by inserting after all of said line the following:

     "162.203. 1. Board members initially elected or appointed under section 162.291, 162.459, 162.471, or 162.581 after August 28, 1993, in addition to the qualifications prescribed in those sections, shall successfully complete orientation and training requirements within one year of the date of the election or appointment. The orientation and training shall consist of at least sixteen hours with the cost of such training to be paid by the district.

     2. All programs providing the orientation and training required under the provisions of this section shall be offered by a statewide association organized for the benefit of members of boards of education [or] and be approved by the state board of education.".

CONCURRENT RESOLUTIONS

     Senators Schneider and Maxwell offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 24

     To suspend and revoke CSR 80-2.013

     WHEREAS, The Department of Natural Resources filed notice of proposed rulemaking for 10 CSR 80-2.013 on October 10, 1996, and filed the order of rulemaking with the Committee on Administrative Rules on March 24, 1997 with notice of intent to file with the Secretary of State on April 23, 1997.

     WHEREAS, the proposed rule requires an applicant for a solid waste disposal permit to conduct two separated public meetings known as "public awareness and community involvement session" at an estimated cost of $10,000 to the applicant.

     WHEREAS, Sections 260.200 to 260.241 specifies the requirements for an application for a permit which not only does not require the applicant to conduct public meetings but rather requires the Department to hold such public hearings; and,

     WHEREAS, the sole authority delegated to the Department to propose rules is specifically limited in Section 260.225. 1. (3) to "such rules and regulations relating to solid waste management systems"; and,

     WHEREAS, the General Assembly has not delegated any rulemaking authority to the Department concerning the requirements for the application for a permit, but rather, the General Assembly has preempted the requirements for the application process which does not include the holding of public sessions and the attendant cost related thereto; and,

     WHEREAS, the Committee on Administrative Rules has found that the Department has exceeded its rulemaking authority and recommends that the General Assembly act to permanently suspend and/or revoke 10 CSR 80-2.013

     NOW THEREFORE, the General Assembly finds that:

     1. 10 CSR 80-2.013 relates to the permit application process and purports to add additional requirements that are not provided in Sections 260.200 to 260.241; and;

     2. The General Assembly has preempted the application process and has specified all of the requirements for obtaining a permit; and,

     3. The Department has no authority to increase the requirements for obtaining a permit;

     4. Section 260.225 limits the authority of the Department to issue rules to those rules related to the solid waste management systems and no authority has been delegated to the department to issue rules which create additional, substantive requirements necessary to apply for a permit.

     NOW THEREFORE, The 89th General Assembly, upon concurrence of a majority of the members of the Senate and a majority of the members of the House of Representatives, hereby permanently suspends and revokes 10 CSR 80-2.013; and,

     BE IT FURTHER RESOLVED that a copy of the foregoing be submitted to the Secretary of State so that the Secretary of State may publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation as provided in Chapter 536.024; and,

     FURTHER, that a properly inscribed copy be presented to the Governor in accordance with Article IV, Section 8 of the Missouri Constitution.

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 338, entitled:

     An Act relating to certain telecommunications services.

     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 369, entitled:

     An Act to repeal sections 400.1-105, 400.1-206, 400.2-512, 400.4-104, 400.5-102, 400.5-103, 400.5-104, 400.5-105, 400.5-106, 400.5-107, 400.5-108, 400.5-109, 400.5-110, 400.5-111, 400.5-112, 400.5-113, 400.5-114, 400.5-115, 400.5-116, 400.5-117, 400.8-102, 400.8-103, 400.8-104, 400.8-105, 400.8-106, 400.8-107, 400.8-108, 400.8-109, 400.8-201, 400.8-202, 400.8-203, 400.8-204, 400.8-205, 400.8-206, 400.8-207, 400.8-208, 400.8-301, 400.8-302, 400.8-303, 400.8-304, 400.8-305, 400.8-306, 400.8-307, 400.8-308, 400.8-309, 400.8-310, 400.8-311, 400.8-312, 400.8-313, 400.8-314, 400.8-315, 400.8-316, 400.8-317, 400.8-318, 400.8-319, 400.8-320, 400.8-321, 400.8-401, 400.8-402, 400.8-403, 400.8-404, 400.8-405, 400.8-406, 400.8-407, 400.8-408, 400.9-103, 400.9-104, 400.9-105, 400.9-106, 400.9-203, 400.9-301, 400.9-302, 400.9-303, 400.9-304, 400.9-305, 400.9-309 and 400.9-312, RSMo 1994, and sections 400.9-306 and 400.9-402, RSMo Supp. 1996, relating to the uniform commercial code, and to enact in lieu thereof eighty-seven 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 660, entitled:

     An Act to repeal sections 9.010 and 36.350, RSMo 1994, relating to public employees, 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.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 304, entitled:

     An Act to repeal sections 578.151, 578.152 and 578.153, RSMo 1994, relating to interference with lawful hunting and trapping, and to enact in lieu thereof three new sections relating to the same subject, 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 766, entitled:

     An Act to repeal sections 30.260, 30.300 and 30.350, RSMo 1994, relating to the state treasurer, and to enact in lieu thereof eleven 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 HS for HCS for HBs 69 and 179, entitled:

     An Act to repeal section 70.820 and 544.170, RSMo 1994, relating to peace officers' arrest powers, and to enact in lieu thereof two new sections relating to the same subject, 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 HCS for HB 276, entitled:

     An Act relating to amusement ride safety, 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 787, entitled:

     An Act to repeal sections 160.011 and 160.021, RSMo 1994, relating to public schools, 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.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 831, entitled:

     An Act to repeal section 89.320, RSMo 1994, relating to planning commissions, 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 adopted HCR 19.

HOUSE CONCURRENT RESOLUTION NO.19

     WHEREAS, the members of the Missouri General Assembly always deem it proper and necessary to remember those service men and women who have faithfully answered our nation's call to arms in times of crisis; and

     WHEREAS, April 28, 1997, marks the 53rd Anniversary of "Exercise Tiger", one of World War II's most tragic and most historically significant naval battles, and one that has been largely forgotten; and

     WHEREAS, though planned as a practice mission for the D-Day Invasion of the Normandy coast, Exercise Tiger resulted in the highest casualty toll of the war to that point for American forces; and

     WHEREAS, the unexpected and overwhelming attack of enemy ships on the minimally prepared and unescorted group of LST's in the T-4 Convoy, in the early morning hours of April 28, 1944, ended in the death of 749 U.S. troops of those, 198 sailors, 551 soldiers of which 196 were from Missouri's 3206th Quarter Master Service Company, as well as injuries to hundreds more, but provided valuable lessons that contributed to the success of the historic D-Day Invasion and thus to the outcome of World War II; and

     WHEREAS, on April 28, 1997, the Veterans of Foreign Wars Post 280 and the Missouri Exercise Tiger Association will host a special ceremony to commemorate the 53rd Anniversary of Exercise Tiger, the first such ceremony to be held in the state of Missouri by a VFW post to officially honor this forgotten World War II battle; and

     WHEREAS, the upcoming VFW Post 280 ceremony is in keeping with the annual Exercise Tiger ceremony recognized by the Department of Defense, which traditionally honors the U.S. Army soldiers and U.S. Navy sailors of operation "Exercise Tiger":

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, hereby join unanimously in supporting and honoring the 53rd Anniversary of Exercise Tiger hosted by the Veterans of Foreign Wars Post 280 and the Missouri Exercise Tiger Association, and further call upon the people of Missouri and all Americans to join in observing this event in recognition of those forgotten individuals who have made the supreme sacrifice to ensure the continued freedom and prosperity of this nation; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for presentation during the upcoming 53rd Anniversary of Exercise Tiger.

     In which the concurrence of the Senate is respectfully requested.

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 611, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Wendell Roberts, Burlington Junction, which was adopted.

     Senator Graves offered Senate Resolution No. 612, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Donald W. Jennings, Brookfield, which was adopted.

     Senator Graves offered Senate Resolution No. 613, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. C.S. "Bud" Jones, Chillicothe, which was adopted.

BILLS DELIVERED TO THE GOVERNOR

     SCS for SB 430, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

INTRODUCTIONS OF GUESTS

     On behalf of Senator Quick and himself, Senator Johnson introduced to the Senate, members of the KCI/Northland Chamber of Commerce.

     Senator Childers introduced to the Senate, Roland "Pig" Paul, and his wife, Donna, Willow Springs.

     Senator Caskey introduced to the Senate, Gene Pogue and Joe Simons, Clinton.

     On behalf of Senator Ehlmann and himself, Senator House introduced to the Senate, Carl Bearden and Doug Funderburk, St. Charles County.

     Senator Mathewson introduced to the Senate, Russell Dehn and Richard Pemberton, Marshall; and Larry Wilson and Jim Ellis, Sedalia.

     On behalf of Senator McKenna, the President introduced to the Senate, Col. Larry Whitten, Capt. Swineburg and Patrolman Eric Gottman, Missouri State Water Patrol; and Col. Fred Mills, Lt. Col. Wilhoit and Major Brooks, Missouri State Highway Patrol.

     Senator Klarich introduced to the Senate, Ron and Sally Skiles, Tom and Charlotte Boyer and Vern Tobben, Washington County; and Heinz Georg and Anna Marie Keppler, Marbach, Germany.

     Senator Staples introduced to the Senate, Dennis Huck, Linda Hermann and Jeffrey Roth, Ste. Genevieve; and Janet Jackson and Cathy Duncan, Carter County.

     Senator Russell introduced to the Senate, Leo Dowden, Frank Bolt and Tony Dugger, Wright County.

     Senator Caskey introduced to the Senate, Jon H. Seabaugh and Brian A. Mills, Cass County.

     Senator Caskey introduced to the Senate, Shirley Coonrod, Warrensburg.

     Senator Lybyer introduced to the Senate, Randy Verkamp and Carol Green, Phelps County.

     Senator Maxwell introduced to the Senate, Dick and Gaytha Webber.

     Senator Howard introduced to the Senate, June and Wendy Chen, Dexter; Marifloyd Wright, Kennett; and Sarah Robinson, Holcomb; and Wendy, Marifloyd and Sarah were made honorary pages.

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