Journal of the Senate

FIRST REGULAR SESSION


FIFTY-FIFTH DAY--MONDAY, APRIL 21, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     Senator McKenna offered the following prayer:

     Dear Lord, although no one's counting, today begins the final four weeks of this legislative session. Continue to watch over this legislative body and give us the strength to do what's right for the citizens of Missouri. Guide our discussions so they remain civil and keep our levels of frustration manageable. Help us be proud of our efforts on May 17th. In Christ's Name we pray, Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, April 17, 1997, 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 Wiggins offered Senate Resolution No. 645, regarding Carondelet Health, which was adopted.

     Senator Graves offered Senate Resolution No. 646, regarding Keely White, Hopkins, which was adopted.

     Senator Lybyer offered Senate Resolution No. 647, regarding Mr. Herbert L. Henley, Belle, which was adopted.

     Senator Caskey offered Senate Resolution No. 648, regarding the Reverend Alan Anzalone, Brownington, which was adopted.

     Senator Caskey offered Senate Resolution No. 649, regarding Mary R. Miller, Clinton, which was adopted.

     Senator Mueller offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE RESOLUTION NO. 650

NOTICE OF PROPOSED RULE CHANGE

     BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, First Regular Session, that Senate Rule 64 be amended to read as follows:

     "Rule 64. A substitute for the text of a bill is not in order until all pending amendments thereto have been disposed of. A floor substitute to a bill shall not be taken up and considered until the legislative day following its distribution. The secretary shall note the date and time of distribution on the original of the report. Placement on the desks of the members shall satisfy the requirements of distribution. Substitute bills, including committee substitutes, shall take the form of original bills and not that of amendments. No further amendments or substitutes may be entertained after the senate adopts a substitute bill.".

CONCURRENT RESOLUTIONS

     Senator Jacob moved that HCR 19 be taken up for adoption, which motion prevailed.

     On motion of Senator Jacob, HCR 19 was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsGraves--2
Absent with leave--Senators--None

     Senator Wiggins assumed the Chair.

HOUSE BILLS ON THIRD READING

     HB 327, with SCA 1, introduced by Representative McBride, entitled:

     An Act to amend chapter 252, RSMo, relating to the department of conservation, by adding thereto one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Johnson.

     SCA 1 was taken up.

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

     On motion of Senator Johnson, HB 327, as amended, 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--Curls--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 652, introduced by Representative Backer, entitled:

     An Act to repeal section 33.103, RSMo 1994, relating to certain deductions from state employees' compensation, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Lybyer.

     On motion of Senator Lybyer, HB 652 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsMcKenna--2
Absent with leave--Senators--None

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

     HB 520, with SCA 1, introduced by Representative Green, entitled:

     An Act to repeal section 37.005, RSMo Supp. 1996, relating to the leasing of surplus public property to a private or government entity, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator DePasco.

     SCA 1 was taken up.

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

     On motion of Senator DePasco, HB 520, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoFlotronGoode
GravesHouseJacobKenney
KlarichLybyerMaxwellMcKenna
MuellerQuickRohrbachSchneider
ScottStaplesWestfallWiggins
Yeckel--25
Nays--Senators
ChildersEhlmannHowardKinder
RussellSingleton--6
Absent--Senators
JohnsonMathewsonSims--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 318, with SCS, introduced by Representatives Clayton and Leake, entitled:

     An Act to repeal section 34.140, RSMo 1994, relating to volunteer fire protection associations, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Maxwell.

     SCS for HB 318, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 318

     An Act to repeal section 34.140, RSMo 1994, relating to volunteer fire protection associations, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     Senator Maxwell moved that SCS for HB 318 be adopted, which motion prevailed.

     On motion of Senator Maxwell, SCS for HB 318 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaQuickSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--Rohrbach--1
Absent--Senators
MuellerRussell--2
Absent with leave--Senators--None

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

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SB 2 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     Senator Ehlmann offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 2, Page 3, Section 478.437, Line 17, by adding immediately after all of said line the following:

     "487.020. 1. In each circuit or county having a family court, except first class counties with a population of at least 210,000 but less than 400,000 that have a charter form of government, a majority of the circuit and associate circuit judges en banc, in the circuit, may appoint commissioners, subject to appropriations, to hear family court cases and make findings as provided for in sections 487.010 to 487.190. All other counties shall elect family court commissioners who shall serve four year terms. Any person serving as a commissioner of the juvenile division of the circuit court on August 28, 1993, shall become a commissioner of the family court. In each circuit or a county therein having a family court, a majority of the circuit and associate circuit judges en banc may appoint or call for an election of new commissioners in first class counties with a population of at least 210,000 but less than 400,000 that have a charter form of government, in addition to those commissioners serving as commissioners of the juvenile division and becoming commissioners of the family court pursuant to the provisions of sections 487.020 to 487.040, no more than three additional commissioners to hear family court cases and make findings and recommendations as provided in sections 487.010 to 487.190. The number of additional commissioners added as a result of the provisions of sections 487.010 to 487.190 may be appointed or elected only to the extent that the state is reimbursed for the salaries of the commissioners as provided in sections 487.010 to 487.190 or by federal or county funds or by gifts or grants made for such purposes. A commissioner shall be appointed for a term of four years. Commissioners appointed or elected pursuant to sections 487.020 to 487.040 shall serve in addition to circuit judges, associate circuit court judges and commissioners authorized to hear actions classified under section 487.080.

     2. Each commissioner of the family court shall possess the same qualifications as a circuit judge. The compensation and retirement benefits of each commissioner shall be the same as that of an associate circuit judge, payable in the same manner and from the same source as that of an associate circuit judge."; and

     Further amend the title and enacting clause accordingly.

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

     On motion of Senator Schneider, SB 2, as amended, was declared perfected and ordered printed.

     Senator Caskey moved that SB 360, with SS No. 2, and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

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

     At the request of Senator Caskey, SS No. 2 for SB 360 was withdrawn.

     President Wilson assumed the Chair.

     Senator Wiggins resumed the Chair.

     Senator Caskey offered SS No. 3 for SB 360, entitled:

SENATE SUBSTITUTE NO. 3 FOR

SENATE BILL NO. 360

     An Act to repeal sections 143.105, 143.106, 143.107, 151.020, 153.030, 160.518, 160.538, 160.545, 162.081, 162.705, 163.036, 163.161, 164.013, 165.121, 166.260, 167.131, 167.270, 167.275 and 168.221, RSMo 1994, and sections 160.534, 163.011, 163.021, 163.031, 164.011, 165.011, 165.111, 166.275 and 166.300, RSMo Supp. 1996, relating to education, and to enact in lieu thereof thirty-nine new sections relating to the same subject, with an emergency clause for a certain section.

     Senator Caskey moved that SS No. 3 for SB 360 be adopted.

     Senator Childers offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 45, Section 163.031, Line 16 of said page, by striking the following: "and provided that the proration"; and further amend lines 17 to 28 by striking all of said lines; and

     Further amend said bill and section, Page 46, lines 1 to 5, by striking all of said lines; and further amend line 6, by striking the following: "subsection 6 of this section."; and

     Further amend said bill, Page 46, Section 163.031, line 19 by striking "for districts with poverty"; and further amend lines 20-28 of said page, by striking all of said lines; and

     Further amend said bill, Page 47, Section 163.031, Lines 1 to 13 of said page, by striking all of said lines; and further amend line 14 of said page by striking the following: "purposes;"; and

     Further amend said bill, Page 48, Section 163.031, Line 9 of said page, by striking the following: "[14] 14(a)" and inserting in lieu thereof the following: "14"; and

     Further amend said bill, Page 48, Section 163.031, Lines 20 to 22 of said page, by striking all of said lines and inserting in lieu thereof the following: "this section."; and

     Further amend said bill, Page 53, Section 163.031, Line 12 of said page, by striking the following: "[14.] 14(a)." and inserting in lieu thereof the following: "14."; and

     Further amend said bill, Page 53, Section 163.031, Lines 18 to 28 of said page, by striking all of said lines; and

     Further amend said bill, page 54, Section 163.031, Lines 1 to 13 of said page, by striking all of said lines: and

     Further amend said bill, Page 78, Section 166.260, Line 15 of said page, by striking the following: "1."; and

     Further amend said bill, Page 78, Section 166.260, Line 18 of said page, by striking the following: "(a)" and

     Further amend said bill, Pages 82 to 86, Section 166.275, by striking all of said section and inserting in lieu thereof the following:

     "166.275. 1. Any amount of the difference by which the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1997 is less than the amount appropriated for the same purpose in fiscal year 1994 in addition to any unexpended appropriation for the 1996 fiscal year that results in additional unobligated resources for the state in fiscal year 1997 shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo.

     2. If the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1998 [1996] or any subsequent fiscal year is less than the amount appropriated for the same purpose in fiscal year 1997 [1994], any amount of the difference, in addition to any unexpended appropriation for the prior fiscal year that results in additional unobligated resources for the state beginning in fiscal year 1998 [1997, necessary to fund the district entitlements under section 163.031, RSMo, with a district entitlement proration factor no less than one, shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo] shall be distributed as follows:

     (1) The department shall determine a uniform per pupil payment factor by dividing the total amount of savings by the statewide total number of eligible pupils, and each school district shall receive an annual payment from such total amount of savings equal to the uniform per pupil payment factor times the district's free and reduced price lunch eligible pupil count for the preceding year;

     (2) Any remaining savings after payments are made under subdivision (1) of this subsection shall be first transferred as needed to ensure that the categorical entitlements established pursuant to lines 11, 12 and 13 of subsection 6 of section 163.031, RSMo, are funded with a proration factor no less than one; except that no more than the following amounts shall be transferred annually from the funds otherwise distributable pursuant to this subdivision to fund entitlements established pursuant to lines 12 and 13 of subsection 6 of section 163.031, RSMo:

     (a) For the first fiscal year, three million dollars for line 12 and two million dollars for line 13;

     (b) For the second fiscal year, six million dollars for line 12 and four million dollars for line 13;

     (c) For the third fiscal year, nine million dollars for line 12 and six million dollars for line 13;

     (d) For the fourth fiscal year, twelve million dollars for line 12 and eight million dollars for line 13;

     (e) For the fifth fiscal year and thereafter, fifteen million dollars for line 12 and ten million dollars for line 13; and

     (3) Any remaining savings after payments and transfers are made under subdivisions (1) and (2) of this subsection shall be transferred to the state school moneys fund to fund district entitlements pursuant to line 1 of subsection 6 of section 163.031, RSMo.".

     Senator Childers moved that the above amendment be adopted.

     Senator Ehlmann offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 45, Section 163.031, Line 19, by inserting immediately after the word "or" the following: "one-third of"; and

     Further amend said bill, Pages 82-86, Section 166.275, by striking all of said section and inserting in lieu thereof the following:

     "166.275. 1. Any amount of the difference by which the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1997 is less than the amount appropriated for the same purpose in fiscal year 1994 in addition to any unexpended appropriation for the 1996 fiscal year that results in additional unobligated resources for the state in fiscal year 1997 shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo.

     2. If the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1998 [1996] or any subsequent fiscal year is less than the amount appropriated for the same purpose in fiscal year 1997 [1994], any amount of the difference, in addition to any unexpended appropriation for the prior fiscal year that results in additional unobligated resources for the state beginning in fiscal year 1998 [1997, necessary to fund the district entitlements under section 163.031, RSMo, with a district entitlement proration factor no less than one, shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo] shall be distributed as follows:

     (1) One-third of such amount shall be used for increased funding of: transportation aid distributed pursuant to section 163.161, RSMo, special education aid provided pursuant to section 162.975, RSMo, gifted education aid provided pursuant to section 162.975, RSMo, vocational education entitlements provided pursuant to section 167.332, RSMo, reimbursement of district costs for purchase of academic performance assessment materials administered pursuant to section 160.518, RSMo, aid for alternative schools pursuant to sections 167.320 to 167.332, RSMo, grants to A+ schools and scholarships provided pursuant to section 160.545, RSMo, and loans provided for capital projects provided from the school building revolving fund pursuant to section 166.300, RSMo, provided that such funding increases shall be uniform in proportion to the prior year's appropriation, if any, except that an increase of no less than two million dollars shall be appropriated for A+ schools pursuant to section 160.545, RSMo, and an increase of no less than two million dollars shall be appropriated for alternative schools pursuant to sections 167.320 to 167.332, RSMo, and, in addition to the funds transferred to the school building revolving fund pursuant to section 160.534, RSMO, no less than five million dollars shall be appropriated annually pursuant to this subdivision to the school building revolving fund;

     (2) One-third of such amount shall be distributed as provided in line 14(b) of subsection 6 of section 163.031, RSMo.

     (3) The remaining third shall be distributed to all school districts in the state on a per eligible pupil basis based upon the additional number of eligible pupils for a district for the current year in comparison to the number of eligible pupils for the district for the 1997-98 school year as a fraction of the total additional number of eligible pupils for the state for the current year in comparison to the total number of eligible pupils for the state for the 1997-98 school year. Districts shall estimate annually the number of additional pupils, and adjustments in aid due to errors in estimation shall be made by the department in the same manner as provided in section 163.036, RSMo. For the purposes of this subdivision, the term eligible pupil shall not include any pupil educated in a district other than the district of residence and for which a district received state aid pursuant to a federal school desegregation court order.

     3. For the purposes of this section, "final judgment" shall only include a judgment which disposes of all claims involving the state of Missouri and its officials and for which final disposition of all appeals has been rendered.".

     Senator Ehlmann moved that the above substitute amendment be adopted.

     Senator Caskey requested a roll call vote be taken on the adoption of SSA 1 for SA 1 and was joined in his request by Senators Childers, Flotron, House and Westfall.

     SSA 1 for SA 1 failed of adoption by the following vote:
Yeas--Senators
EhlmannFlotronGravesHouse
KenneyKinderKlarichMueller
RohrbachRussellSingletonWestfall
Yeckel--13
Nays--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoGoode
HowardJacobJohnsonLybyer
MathewsonMaxwellQuickSchneider
ScottSimsStaplesWiggins--20
Absent--Senators--McKenna--1
Absent with leave--Senators--None

     SA 1 was again taken up.

     Senator Caskey requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators Howard, Klarich, Russell and Schneider.

     Senator Mathewson assumed the Chair.

     Senator Childers moved that SA 1 be adopted, which motion failed by the following vote:
Yeas--Senators
ChildersEhlmannGravesHouse
HowardKenneyKinderMueller
RohrbachRussellSingletonStaples
Westfall--13
Nays--Senators
BanksBentleyCaskeyClay
CurlsDePascoFlotronGoode
JacobJohnsonKlarichLybyer
MathewsonMaxwellQuickSchneider
ScottSimsWiggins--19
Absent--Senators
McKennaYeckel--2
Absent with leave--Senators--None

     Senator Schneider offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 75, Section 165.111, Line 16 of said page, by inserting immediately after all of said line the following:

     "4. (1) Teachers who are non-administrative certificated staff may choose to organize and to present proposals to the appropriate school board concerning school budgets adopted pursuant to this chapter through an elected representative. The provisions of this subsection shall be governed by the provisions of sections 105.500 to 105.530, RSMo.

     (2) It shall be unlawful for teachers or teacher organization to strike. If a strike occurs or in the event of any violation or imminently threatened violation of this subsection, any citizen domiciled within the jurisdictional boundaries of the school district may petition the circuit court of jurisdiction for an injunction restraining such violation or imminently threatened violation. If a teacher organization or any of its officers is held to be in contempt of court for failure to comply with an injunction issued pursuant to this section, the teacher organization shall be immediately decertified as a bargaining representative. If a teacher is held to be in contempt of court for failure to comply with such injunction, the court may order sanctions including discharged from employment, and/or forfeiture of seniority or tenure rights.

     (3) In any district where teachers choose such a representative, the district shall negotiate with the representative to establish the percentage of current operating costs to be expended on teacher retirement and compensation for nonadministrative certificated staff and the provisions of section 165.016 shall not apply in any district where an agreement is reached.".

     Senator Schneider moved that the above amendment be adopted.

     Senator Schneider offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 75, Section 165.111, Line 16 of said page, by inserting immediately after all of said line the following:

     "4. (1) Teachers who are non-administrative certificated staff may choose to organize and to present proposals to the appropriate school board concerning school budgets adopted pursuant to this chapter through an elected representative. The provisions of this subsection shall be governed by the provisions of sections 105.500 to 105.530, RSMo.

     (2) It shall be unlawful for teachers or teacher organization to strike. If a strike occurs or in the event of any violation or imminently threatened violation of this subsection, any citizen domiciled within the jurisdictional boundaries of the school district may petition the circuit court of jurisdiction for an injunction restraining such violation or imminently threatened violation. If a teacher organization or any of its officers is held to be in contempt of court for failure to comply with an injunction issued pursuant to this section, the teacher organization shall be immediately decertified as a bargaining representative. If a teacher is held to be in contempt of court for failure to comply with such injunction, the court may order sanctions including discharged from employment, and/or forfeiture of seniority or tenure rights.".

     Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Kinder, Klarich, Russell and Singleton.

     Senator Caskey raised the point of order that SA 2 and SSA 1 for SA 2 are out of order in that both amendments go beyond the intent of the original bill.

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

     Senator Johnson assumed the Chair.

     Senator Mathewson resumed the Chair.

     Senator Schneider moved that SSA 1 for SA 2 be adopted, which motion failed of adoption by the following vote:
Yeas--Senators
ClayDePascoGoodeHouse
JacobMathewsonMaxwellMcKenna
QuickSchneiderScottWiggins--12
Nays--Senators
BentleyCaskeyChildersCurls
EhlmannFlotronGravesHoward
JohnsonKenneyKinderKlarich
LybyerMuellerRohrbachRussell
SimsSingletonStaplesWestfall
Yeckel--21
Absent--Senators--Banks--1
Absent with leave--Senators--None

     At the request of Senator Schneider, SA 2 was withdrawn.

     Senator Clay offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 112, Section 4, Line 9 of said page, by inserting immediately after the word "may" the following: "not"; and further amend line 10 of said page, by striking the following: "; provided that no more than twenty"; and further amend line 11 of said page, by striking all of said line; and

     Further amend said bill and section, page 112, line 12 of said page, by striking all of said line; and further amend line 13 of said page, by striking the following: "by noncertificated personnel"; and further amend line 19 of said page, by striking the following: "Appropriate experience, training and"; and further amend lines 20-28 of said page, by striking all of said lines; and

     Further amend said bill and section, page 113, line 1 of said page, by striking all of said line.

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

     Senator Clay offered SA 4, which was read:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 32, Section 163.011, Line 21 of said page, by inserting immediately after the word "districts" the following: "; provided that in calculating the operating costs described above there shall first be deleted from the computation the incremental costs of complying with court orders regarding desegregation, including, but not limited to, the costs of recruiting and counseling students, monitoring and adjusting student assignment, administering a transportation program and paying debt service on buildings constructed or renovated to comply with court orders for capital improvements".

     Senator Clay moved that the above amendment be adopted.

     At the request of Senator Caskey, SB 360, with SS No. 3 and SA 4 (pending), was placed on the Informal Calendar.

REFERRALS

     President Pro Tem McKenna referred SS for SCS for SJR 11; HB 491, with SCS; HS for HCS for HB 335, with SCS; and HCS for HB 538 to the Committee on State Budget Control.

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 HS for HCS for HB 451, entitled:

     An Act relating to floodplain management.

     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 HB 474, entitled:

     An Act to repeal section 211.393, RSMo Supp. 1996, relating to juvenile court personnel and budgeting, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

     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 331, entitled:

     An Act to repeal sections 86.260 and 86.267, RSMo 1994, and sections 86.256, 86.820, 86.283 and 86.287, RSMo Supp. 1996, relating to certain police retirement systems, and to enact in lieu thereof 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 HCS for HBs 364, 33, 148, 187, 488 and 503, entitled:

     An Act to repeal sections 115.575, 367.044, 367.045, 367.047, 367.048, 367.050, 478.268, 494.425 and 528.010, RSMo 1994, and section 512.050, RSMo Supp. 1996, relating to court proceedings, and to enact in lieu thereof twelve 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 HCS for HB 696, entitled:

     An Act to repeal sections 115.013, 115.019, 115.045, 115.085, 115.115, 115.117, 115.129, 115.132, 115.139, 115.151, 115.155, 115.159, 115.160, 115.163, 115.165, 115.193, 115.247, 115.275, 115.285, 115.317, 115.363, 115.379, 115.387, 115.389, 115.395, 115.453, 115.479, 115.495, 115.507, 115.511, 115.531, 115.575, 115.577, 115.600, 115.619, 115.621, 115.631, 115.635 and 116.260, RSMo 1994, and sections 115.023, 115.123, 115.125, 115.127, 115.277, 115.279, 115.283, 115.284, 115.359, 115.361, 115.373, 115.601 and 247.180, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof fifty-six new sections relating to the same subject, with an emergency clause for certain sections.

     Emergency clause defeated.

     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 560, entitled:

     An Act to repeal section 191.331, RSMo Supp. 1996, relating to testing for phenylketonuria, 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 376, entitled:

     An Act to repeal sections 386.025, 393.295, 393.705, 393.710, 393.715, 393.725, 393.730, 393.760 and 393.770, RSMo 1994, relating to joint municipal utility commissions, and to enact in lieu thereof nine new sections relating to the same subject, with a contingent effective date.

     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 669, entitled:

     An Act to repeal section 542.276, RSMo 1994, relating to law enforcement, 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 adopted SCS for HCS for HB 356 and has again taken up and passed SCS for HCS for HB 356.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 146.

     Emergency clause adopted.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 424.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 416.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 131.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 179.

     With House Committee Amendment No. 1

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 179, Page 1, In the Title, Line 2, by inserting immediately after the word "sections" the numeral "266.291,"; and

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

     Further amend said bill, Page 1, Section A, Line 1, by inserting immediately after the word "Sections" the numeral "266.291,"; and

     Further amend said bill, Page 1, Section A, Line 2, by striking the word "two" and inserting in lieu thereof the word "three"; and

     Further amend said bill, Page 1, Section A, Line 3, by inserting immediately after the word "sections" the numeral "266.291,"; and

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

     "266.291. The following words, terms, and phrases, when used in sections 266.291 to 266.351 have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

     (1) "Director" means the director of the Missouri agricultural experiment station at Columbia, Missouri;

     (2) "Distributor" means any person who imports, consigns, manufactures, produces or compounds fertilizer, or offers for sale, sells, barters, or otherwise supplies fertilizers for consumption or use in this state; provided that this term shall not apply to any person who purchases fertilizer from a distributor registered under sections 266.291 to 266.351 and which fertilizer has been once sold in compliance with sections 266.291 to 266.351;

     (3) "Essential plant nutrient" includes any element recognized as being directly required by any plant to complete its life cycle;

     (4) "Fertilizer" includes any organic or inorganic material of natural or synthetic origin which is added to soil, soil mixtures, or solution to supplement nutrients and is claimed to contain one or more essential plant nutrients. The term "fertilizer" does not include unmanipulated animal and vegetable manure and agricultural liming materials used to reduce soil acidity;

     (5) "Person" includes individuals, partnerships, associations, firms, corporations, estates, trusts, receivers, or trustees appointed by any state or federal court;

     (6) "Sale", "sold", and "sells" include exchanges and consignments for sale and means any transfer or barter;

     (7) "Variable rate technology" means the method of applying two or more fertilizer materials which are blended at variable rates by a spreading vehicle or device during the application process."; and

     Further amend said bill, Page 2, Section 266.321, Line 21, by striking the word "printed" and inserting in lieu thereof the word "written"; and

     Further amend said bill, Page 2, Section 266.321, Line 26, by striking the words "which are"; and

     Further amend said bill, Page 2, Section 266.321, Line 27, by inserting after the word "mixing" the following: "and intended to be applied using variable rate technology"; and

     Further amend said bill, Page 2, Section 266.321, Lines 27-28, by striking the words "labeled to show net weight, the guaranteed analysis or" and inserting in lieu thereof the following: "accompanied by a plainly written statement which shows"; and

     Further amend said bill, Page 2, Section 266.321, Line 29, by striking the words "or both".

     In which the concurrence of the Senate is respectfully requested.

     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 SB 164, entitled:

     An Act to repeal sections 59.330 and 381.031, RSMo 1994, relating to land title records, and to enact in lieu thereof two new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 215.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 398.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 310.

     Emergency clause adopted.

     Bill ordered enrolled.

     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 SB 309, entitled:

     An Act to repeal sections 169.595 and 169.712, RSMo 1994, and sections 169.010, 169.040, 169.050, 169.070, 169.075, 169.315, 169.326, 169.328, 169.440, 169.466, 169.570, 169.577, 169.600, 169.620, 169.630, 169.660 and 169.670, RSMo Supp. 1996, relating to certain school retirement systems, and to enact in lieu thereof nineteen new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     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 SB 389, entitled:

     An Act to repeal section 104.110, RSMo Supp. 1996, relating to the highways and transportation employees' and highway patrol retirement system, and to enact in lieu thereof one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 152.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 246.

     Bill ordered enrolled.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 17, 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:

     Jennie L. Crisp, Post Office Box 165, Gainesville, Ozark County, Missouri 65655, as a member of the Child Abuse and Neglect Review Board, for a term ending April 17, 2000, and until her successor is duly appointed and qualified; vice, RSMo 210.153.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 17, 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:

     Dorothy A. Dunn, 3907 Cordes Drive, St. Louis, St. Louis County, Missouri 63125, as a member of the Child Abuse and Neglect Review Board, for a term ending April 17, 2000, and until her successor is duly appointed and qualified; vice, RSMo 210.153.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 17, 1997

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

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

     Robert J. Gillihan, 9900 E. Gregory, Raytown, Jackson County, Missouri 64133, as a member of the Kansas City Area Transportation Authority, for a term ending October 13, 2001, 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 17, 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:

     Martin E. Harrington, Democrat, 8418 Knollwood, St. Louis, St. Louis County, Missouri 63121, as a member of the Missouri Development Finance Board, for a term ending September 14, 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 17, 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 D. Jackson, 316 S. Institute Street, Richmond, Ray County, Missouri 64085, as a member of the Missouri Planning Council for Developmental Disabilities, for a term ending June 30, 1998, 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 17, 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:

     Daniel R. Keller, Republican, 4310 North Holly, Kansas City, Clay County, Missouri 64116, as a member of the Tourism Commission, for a term ending January 15, 1999, and until his successor is duly appointed and qualified; vice, Robert Smith, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 17, 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:

     Mark V. Kenney, Democrat, 5630 Brookside Boulevard, Kansas City, Jackson County, Missouri 64112, as a member of the Community Service Commission, for a term ending December 15, 1997, and until his successor is duly appointed and qualified; vice, Robert B. Rogers, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 17, 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:

     Thomas M. Macdonnell, M.D., Democrat, Route 7 Box 7185, Marshfield, Webster County, Missouri 65706, as a member of the State Board of Health, for a term ending October 13, 2000, and until his successor is duly appointed and qualified; vice, Frederick Kiehl, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 17, 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:

     Douglas E. Oyer, 704 Green Street, Harrisonville, Cass County, Missouri 64701, as a member of the Child Abuse and Neglect Review Board, for a term ending April 17, 2000, and until his successor is duly appointed and qualified; vice, RSMo 210.153.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 17, 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:

     Thomas P. Rackers, Republican, 720 Hobbs Road, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Development Finance Board, for a term ending September 14, 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 17, 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:

     Roddy J. Rogers, Republican, 2241 E. Powell, Springfield, Greene County, Missouri 65804, as a member of the Dam and Reservoir Safety Council, for a term ending April 3, 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 17, 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:

     Albert A. Santoscoy, #9 Union Road, St. Louis, St. Louis County, Missouri 63123, as a member of the Missouri Board for Barber Examiners, for a term ending April 5, 2001, 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 17, 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:

     Anne B. Schmidt, 4311 Alderwood Drive, Florissant, St. Louis County, Missouri 63033, as a member of the Child Abuse and Neglect Review Board, for a term ending April 17, 2000, and until her successor is duly appointed and qualified; vice, RSMo 210.153.

Respectfully submitted,

MEL CARNAHAN

Governor

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 were referred SS for SCS for SBs 386 and 372; SCS for SB 404; SCS for SBs 258 and 228; and SS for SB 466, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

     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.

COMMUNICATIONS

     Senator Rohrbach submitted the following:

April 21, 1997

Ms. Terry Spieler

Secretary of the Senate

Room 325

Missouri State Capitol

Dear Ms. Spieler:

I request that House Bill 844 be taken from the Consent Calendar.

Sincerely,

/s/ Larry Rohrbach

Larry Rohrbach

     Senator Schneider submitted the following:

April 21, 1997

Terry Spieler

Secretary of the Senate

State Capitol Building

Jefferson City, MO 65101

RE: HB 82

Dear Terry:

     Pursuant to Rule 45 of the Missouri Senate I respectfully request that House Bill 82 be removed from the Consent Calendar. The provisions of this bill are controversial because the U.S. Supreme Court has struck down as unconstitutional similar legislation enacted in the State of North Carolina. The essence of the Supreme Court's decision was to reaffirm the rights of charities and non profits, whether working through volunteers, paid staff or professional representatives, to solicit support without being burdened by overreaching limitations.

Very truly yours,

/s/ John D. Schneider

John D. Schneider

INTRODUCTIONS OF GUESTS

     Senator Sims introduced to the Senate, Jean Neal, St. Louis.

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