Journal of the Senate

SECOND REGULAR SESSION


TWENTIETH DAY--TUESDAY, FEBRUARY 10, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, Jesus loves the little children of the world and so do we. We see children as our future, as our greatest natural resource and as our number one priority. Use us to create a society in which children are safe, in which they are loved, in which they are wanted, in which they are prepared for the abundant life, and in which they can look forward to a bright future. Help us to set an example for the children. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

Present--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None


RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1160, regarding Jaret Jensen, Harrisonville, which was adopted.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were read the 1st time and 1,000 copies ordered printed:

SB 895-By Staples.

An Act to repeal section 193.265, RSMo 1994, relating to the issuance of veterans' death certificates, and to enact in lieu thereof one new section relating to the same subject.

SB 896-By Staples.

An Act to repeal section 571.030, RSMo Supp. 1997, relating to weapons offenses, and to enact in lieu thereof one new section relating to the same subject with penalty provisions.

SB 897-By Johnson.

An Act to repeal section 172.020, RSMo 1994, relating to the university of Missouri and its ability to sell agricultural products, and to enact in lieu thereof one new section relating to the same subject.

SB 898-By Maxwell.

An Act to repeal sections 320.300, 320.302, 320.305 and 320.307, RSMo 1994, relating to fire protection districts, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

SB 899-By Maxwell.

An Act to repeal section 166.131, RSMo 1994, and section 166.300, RSMo Supp. 1997, relating to school funds, and to enact in lieu thereof two new sections relating to the same subject.

SJR 34-By Howard.

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 8 of article III of the constitution of Missouri relating to term limits, and adopting one new section in lieu thereof relating to the same subject.

SENATE BILLS FOR PERFECTION

Senator Graves moved that SB 518 be taken up for perfection, which motion prevailed.

Senator Graves offered SS for SB 518, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 518

An Act to repeal sections 307.350 and 307.366, RSMo Supp. 1997, relating to inspections of motor vehicles, and to enact in lieu thereof two new sections relating to the same subject.

Senator Graves moved that SS for SB 518 be adopted.

Senator Johnson announced that photographers from KOMU-TV had been given permission to take pictures in the Senate Chamber today.

Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 518, Page 9, Section 307.366, Line 19 of said page, by inserting after all of said line the following:

"307.398. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated by the superintendent of the Missouri state highway patrol or the Missouri air conservation commission under the authority of sections 307.350 to 307.400, RSMo, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend the title and enacting clause accordingly.

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

Senator Schneider offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 518, Page 1, Section 307.350, Line 1, by striking the brackets and the word "seller".

Senator Schneider moved that the above amendment be adopted.

Senator Graves offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 518, Page 3, Section 307.350, Line 1 of said page, by inserting immediately after said line the following:

"2. Each owner of every motor vehicle which is required to be inspected under this section shall obtain a safety inspection of the vehicle under sections 307.350 to 307.390, prior to registering the vehicle, every three years after the previous inspection."; and further amend said section by renumbering the remaining subsections accordingly; and

Further amend said bill, page and section, line 20 of said page, by inserting immediately after all of said line the following:

"307.365. 1. No permit for an official inspection station shall be assigned or transferred or used at any location other than therein designated and every permit shall be posted in a conspicuous place at the location designated. The superintendent of the Missouri state highway patrol shall design and furnish each official inspection station, at no cost, one official sign made of metal or other durable material to be displayed in a conspicuous location to designate the station as an official inspection station. Additional signs may be obtained by an official inspection station for a fee equal to the cost to the state. Each inspection station shall also be supplied with one or more posters which must be displayed in a conspicuous location at the place of inspection and which informs the public that required repairs or corrections need not be made at the inspection station.

2. No person operating an official inspection station under the provisions of sections 307.350 to 307.390 may issue a certificate of inspection and approval for any vehicle except upon an official form furnished by the superintendent of the Missouri state highway patrol for that purpose and only after inspecting the vehicle and determining that its brakes, lighting equipment, signaling devices, steering mechanisms, horns, mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air pollution control devices, fuel tank and any other safety equipment as required by the state are in proper condition and adjustment to be operated upon the public highways of this state with safety to the driver or operator, other occupants therein, as well as other persons and property upon the highways, as provided by sections 307.350 to 307.390 and the regulations prescribed by the superintendent of the Missouri state highway patrol. No person operating an official inspection station shall furnish, loan, give or sell a certificate of inspection and approval to any other person except those entitled to receive it under provisions of sections 307.350 to 307.390. No person shall have in his possession any certificate of inspection and approval and/or inspection sticker with knowledge that the certificate and/or inspection sticker has been illegally purchased, stolen or counterfeited.

3. The superintendent of the Missouri state highway patrol may require officially designated stations to furnish reports upon forms furnished by him for that purpose as he considers reasonably necessary for the proper and efficient administration of sections 307.350 to 307.390.

4. If, upon inspection, defects or unsafe conditions are found, the owner may correct them himself or shall have them corrected at any place of his own choice within fifteen days after the defect or unsafe condition is found, and shall have the right to remove the vehicle to such place for correction, but before the vehicle is operated thereafter upon the public highways of this state, a certificate of inspection and approval must be obtained. The inspecting personnel of the official inspection station must inform the owner that he need not have the corrections made at the inspection station.

5. A fee, not to exceed [seven] twenty-one dollars, as determined by each official inspection station, may be charged by an official inspection station for each official inspection including the issuance of the certificate of inspection and approval, sticker, seal or other device and a total fee, not to exceed [six] eighteen dollars, as determined by each official inspection station, may be charged for an official inspection of a trailer or motorcycle, which shall include the issuance of the certificate of inspection and approval, sticker, seal or other device. Such fee shall be conspicuously posted on the premises of each such official inspection station. No owner shall be charged an additional inspection fee upon having corrected defects or unsafe conditions found in an inspection completed within the previous ten consecutive days, excluding Saturdays, Sundays and holidays, if such follow-up inspection is made by the station making the initial inspection. Every inspection for which a fee is charged shall be a complete inspection, and upon completion of the inspection, if any defects are found the owner of the vehicle shall be furnished a list of the defects and a receipt for the fee paid for the inspection. If the owner of a vehicle decides to have any necessary repairs or corrections made at the official inspection station, he shall be furnished a written estimate of the cost of such repairs before such repairs or corrections are made by the official inspection station. The written estimate shall have plainly written upon it that the owner understands that he need not have the corrections made by the official inspection station and shall have a signature line for the owner. The owner must sign below the statement on the signature line before any repairs are made.

6. Certificates of inspection and approval, sticker, seal or other device shall be purchased by the official inspection stations from the superintendent of the Missouri state highway patrol. The superintendent of the Missouri state highway patrol shall collect a fee of seventy-five cents for each certificate of inspection, sticker, seal or other device issued to the official inspection stations, except that no charge shall be made for certificates of inspection, sticker, seal or other device issued to official inspection stations operated by governmental entities. All fees collected shall be deposited in the state treasury with fifty cents of each fee collected credited to the state highway fund and, for the purpose of administering and enforcing the state motor vehicle laws and traffic regulations, twenty-five cents credited to the "Highway Patrol Inspection Fund" which is hereby created. The moneys collected and deposited in the highway patrol inspection fund shall be expended subject to appropriations by the general assembly for the administration and enforcement of sections 307.350 to 307.390 by the Missouri state highway patrol. The unexpended balance in the fund at the end of each biennium exceeding the amount of the appropriations from the fund for the first two fiscal years shall be transferred to the state road fund, and the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue fund at the end of the biennium, shall not apply to the fund.

7. The owner or operator of any inspection station who discontinues operation during the period that a station permit is valid or whose station permit is suspended or revoked shall return all official signs and posters and any current unused inspection stickers, seals or other devices to the superintendent of the Missouri state highway patrol and shall receive a full refund on request except for official signs and posters, provided the request is made during the calendar year or within sixty days thereafter in the manner prescribed by the superintendent of the Missouri state highway patrol. Stations which have a valid permit shall exchange unused previous year issue inspection stickers and/or decals for an identical number of current year issue, provided the unused stickers and/or decals are submitted for exchange not later than April thirtieth of the current calendar year, in the manner prescribed by the superintendent of the Missouri state highway patrol."; and

Further amend the title and enacting clause accordingly.

Senator Graves moved that the above substitute amendment be adopted.

Senator Schneider offered SA 1 to SSA 1 for SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Substitute for Senate Bill No. 518, Page 1, Line 3, by striking the word "every" and insert "a new" and amend line 4, by inserting "not" after "shall" and striking lines 6 and 7 and insert: "50,000 miles; and by renumbering subsections accordingly.".

Senator Schneider moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 1 to SSA 1 for SA 2 is out of order in that the amendment is in the 3rd degree.

Senator Staples assumed the Chair.

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

President Pro Tem McKenna assumed the Chair.

SA 1 to SSA 1 for SA 2 was again taken up.

Senator Scott assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Caskey offered SPA 1 to SA 1 to SSA 1 for SA 2:

SENATE PERFECTING AMENDMENT NO. 1 TO SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 1 to Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Substitute for Senate Bill No. 518, Page 1, Line 3, by inserting after "a new" the following: "in a city not within a county or any county with a population of at least 950,000 people".

Senator Caskey moved that the above perfecting amendment be adopted.

Senator Schneider raised the point of order that SPA 1 to SA 1 to SSA 1 for SA 2 is out of order in that it is in the 3rd degree.

President Pro Tem McKenna ruled the point of order well taken.

At the request of Senator Schneider, SA 1 to SSA 1 for SA 2 was withdrawn.

Senator Schneider offered SA 2 to SSA 1 for SA 2:

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Substitute for Senate Bill No. 518, Page 1, Line 3, by striking the word "every" and insert "a new" and amend line 4, by inserting "not" after "shall" and striking lines 6 and 7 and insert: "50,000 miles; and by renumbering subsections accordingly and by striking all lines after line 8.".

Senator Schneider moved that the above amendment be adopted.

At the request of Senator Graves, SB 518, with SS, SA 2, SSA 1 for SA 2 and SA 2 to SSA 1 for SA 2 (pending), was placed on the Informal Calendar.

Senator Johnson assumed the Chair.

Senator Wiggins moved that SB 473, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

Senator Mathewson assumed the Chair.

Senator Ehlmann offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 473, Page 2, Section 84.510, Lines 6 and 7, by eliminating the lines and inserting the following:

"2. The base annual compensation of police officers may, for the minimum and shall for the maximum, be as follows for the several ranks:".

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

On motion of Senator Wiggins, SB 473, as amended, was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 632, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SECOND READING OF SENATE BILLS

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

SB 833--Corrections and General Laws.

SB 858--Local Government and Economic Development.

SB 863--Civil and Criminal Jurisprudence.

SB 864--Local Government and Economic Development.

SB 865--Local Government and Economic Development.

SB 866--Commerce and Environment.

SB 867--Education.

SB 868--Local Government and Economic Development.

SB 869--Financial and Governmental Organization.

SB 872--Elections, Pensions and Veterans' Affairs.

SB 873--Ways and Means.

SB 874--Aging, Families and Mental Health.

SB 875--Financial and Governmental Organization.

SB 876--Insurance and Housing.

SB 877--Insurance and Housing.

SB 878--Insurance and Housing.

SB 879--Civil and Criminal Jurisprudence.

SB 880--Insurance and Housing.

SB 881--Education.

SB 882--Public Health and Welfare.

SB 884--Education.

SB 885--Transportation.

SB 886--Civil and Criminal Jurisprudence.

SB 887--Ways and Means.

SJR 32--Appropriations.

INTRODUCTION OF BILLS

The following Bill and Joint Resolution were read the 1st time and 1,000 copies ordered printed:

SB 900-By Schneider and Howard.

An Act to repeal sections 536.017 and 536.024, RSMo Supp. 1997, relating to administrative rules, and to enact in lieu thereof two new sections relating to the same subject.

SJR 35-By Schneider and Howard.

Joint Resolution submitting to the qualified voters of Missouri, an amendment to article III of the Constitution of Missouri by adding thereto one new section relating to powers of the legislature concerning rulemaking and the right of citizens to petition for redress of grievances for bureaucratic abuse of rulemaking function.

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

RECESS

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

RESOLUTIONS

Senator Scott offered Senate Resolution No. 1161, regarding the Seventieth Birthday of Lillian Marie Wade, Jefferson City, which was adopted.

Senator Scott offered Senate Resolution No. 1162, regarding Sergeant James E. Long, St. Louis, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1163, regarding Nicholas Kevin Hays, California, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1164, regarding Angela Lehman, California, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1165, regarding Ashley Keene, Tipton, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1166, regarding the Ninetieth Birthday of Harold "Sandy" Bieber, Boonville, which was adopted.

Senator Schneider offered Senate Resolution No. 1167, regarding Marilyn Nolen, St. Louis, which was adopted.

Senator Klarich offered Senate Resolution No. 1168, regarding David C. Velleca, Ballwin, which was adopted.

THIRD READING OF SENATE BILLS

SB 626, introduced by Senator Mathewson, et al, entitled:

An Act Chapter 407, RSMo, is amended by adding thereto one new section relating to certain farm and industrial equipment dealers and manufacturers.

Was called from the Consent Calendar and taken up.

On motion of Senator Mathewson, SB 626 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls Flotron Staples--3
Absent with leave--Senators--None


The President Pro Tem declared the bill passed.

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

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

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

SB 684, with SCS, introduced by Senator Caskey, entitled:

An Act to repeal sections 211.073 and 211.181, RSMo Supp. 1997, relating to juveniles, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 684, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 684

An Act to repeal sections 211.073 and 211.181, RSMo Supp. 1997, relating to juveniles, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for SB 684 be adopted, which motion prevailed.

Senator Clay assumed the Chair.

On motion of Senator Caskey, SCS for SB 684 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls Ehlmann Schneider--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SB 555, introduced by Senator Sims, entitled:

An Act to repeal sections 407.911 and 407.913, RSMo 1994, relating to sales commissions, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Sims, SB 555 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Curls Schneider--2
Absent with leave--Senators--None

The President declared the bill passed.

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

SENATE BILLS FOR PERFECTION

Senator Mueller moved that SB 589, with SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 3 was again taken up.

At the request of Senator Childers, the above amendment was withdrawn.

On motion of Senator Mueller, SB 589, as amended, was declared perfected and ordered printed.

Senator Graves moved that SB 518, with SS, SA 2, SSA 1 for SA 2 and SA 2 to SSA 1 for SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 2 to SSA 1 for SA 2 was again taken up.

At the request of Senator Graves, SB 518, with SS, SA 2, SSA 1 for SA 2 and SA 2 to SSA 1 for SA 2 (pending), was placed on the Informal Calendar.

Senator McKenna moved that SB 619, with SCAs 1 and 2, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

SCA 2 was taken up.

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

Senator Quick assumed the Chair.

Senator Howard assumed the Chair.

Senator Clay offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 619, Page 15, Section 142.815, Line 104, by inserting after the word "dollars" the following: ";

(10) Motor fuel used by an interstate transportation authority, as defined in sections 92.400 and 94.600, RSMo".

Senator Clay moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Wiggins, Singleton, Childers and Scott.

SA 1 was adopted by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Ehlmann Jacob Johnson
Kenney Klarich McKenna Quick
Schneider Scott Sims Wiggins
Yeckel--17
NAYS--Senators
Bentley Flotron Goode Graves
Howard Kinder Lybyer Mathewson
Maxwell Mueller Rohrbach Singleton
Westfall--13
Absent--Senators
Curls House Russell Staples--4
Absent with leave--Senators--None

On motion of Senator McKenna, SB 619, as amended, was declared perfected and ordered printed.

Senator Quick assumed the Chair.

Senator Howard moved that SB 499, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 499, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 499

An Act to repeal section 337.035, RSMo Supp. 1997, relating to the practice of psychology, and to enact in lieu thereof seven new sections relating to the same subject.

Was taken up.

Senator Howard moved that SCS for SB 499 be adopted.

Senator Johnson assumed the Chair.

Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 499, Page 6, Section 538.412, Lines 1 to 12, by striking all of said section; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted.

Senator Quick assumed the Chair.

Senator Johnson assumed the Chair.

At the request of Senator Howard, SB 499, with SCS and SA 1 (pending), was placed on the Informal Calendar.

Senator Childers moved that SB 525 be taken up for perfection, which motion prevailed.

On motion of Senator Childers, SB 525 was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

Senator Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 473, 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.

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 793, 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 Aging, Families and Mental Health, to which was referred SB 870, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator McKenna submitted the following report:

Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 650, begs leave to report that it has considered the same and recommends that the bill do pass.

On behalf of Senator Banks, Chairman of the Committee on Public Health and Welfare, Senator McKenna submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 754, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

CONCURRENT RESOLUTIONS

Senator Graves offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 34

An act by concurrent resolution pursuant to Article IV, Section 8 of the Missouri Constitution and Section 137.021, RSMo, to disapprove of 12 CSR 30.4-010 relating to the value of agricultural and horticultural land.

WHEREAS, the State Tax Commission is required pursuant to section 137.021 of the Revised Statutes of Missouri to biennially promulgate by regulation a value based upon productive capability for each grade of agricultural and horticultural land; and

WHEREAS, on October 15, 1997, the State Tax Commission filed with the Secretary of State a proposed amendment to 12 CSR 30-4.010 relating to agricultural land productive values; and

WHEREAS, the proposed amendment to 12 CSR 30.4-010 increases the values of various agricultural land grades beyond the level which the General Assembly considers to be fair and reasonable; and

WHEREAS, section 137.021 of the Revised Statutes of Missouri permits the General Assembly to disapprove, within the first sixty days of the regular session, the promulgated agricultural values; and

NOW, THEREFORE, BE IT RESOLVED, by a majority of the elected officials of the Senate of the Eighty-ninth General Assembly, Second Regular Session, a majority of the elected members of the House of Representatives concurring therein, that the members of the General Assembly disapprove of the new agricultural land productive values contained in the proposed amendment to 12 CSR 30-4.010 and that the State Tax Commission shall continue to use values set forth in the most recent preceding regulation promulgated under section 137.021 of the Revised Statutes of Missouri; and

BE IT FURTHER RESOLVED that we, the members of the Eighty-ninth General Assembly, recommend that the state tax commission review the current procedure for determining and establishing agricultural land values and submit a report to the General Assembly with its findings on or before December 1, 1998; 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 revocation upon this resolution having been signed by the Governor or having been approved by two-thirds of each house of the Eighty-ninth General Assembly, Second Regular Session, after veto by the Governor as provided in Article III, Sections 31 and 32, and Article IV, Section 8 of the Missouri Constitution.

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1169, regarding the I Can Do It Opera Company at William Southern Elementary School, Independence, which was adopted.



INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Martha and Jeff Hannes, and their children, Daniel and Helen, Clinton; and Daniel and Helen were made honorary pages.

Senator Kenney introduced to the Senate, Barney and Gay Smith, and their children, Brandy, Corey and Kiara, homeschoolers from Lee's Summit; and Brandy, Corey and Kiara were made honorary pages.

Senator Kinder introduced to the Senate, Jim Gleason, Greg Lathum and Tom Morris, Sikeston; and Joe McPheeters, Columbia.

Senator Flotron introduced to the Senate, ninety fourth grade students from Bridgeway Elementary School, Bridgeton; and Aaron S. Price, Jacob A. Kieffer, Mark T. Knoop and Brian L. Ezell were made honorary pages.

Senator Clay introduced to the Senate, Jason Evan Warren, St. Louis.

Senator Schneider introduced to the Senate, George Wendell and Judge Robert Dierker, St. Louis.

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