The Senate met pursuant to adjournment.

     Senator Quick in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, James wrote, "Every good and perfect gift is from above." When we consider all of the blessings that we have and know that they come from above, we should always be in touch with our provider. We are thankful for the gifts, for the presence of the one who gives them and pray for Divine help to use our gifts to best advantage. 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	Caskey	Clay	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Absent with leave--Senators
Bentley	Curls	Scott--3
	The Lieutenant Governor was present.

     Senator Treppler offered Senate Resolution No. 766, regarding James Kuba, Affton, which was adopted.

     Senator Treppler offered Senate Resolution No. 767, regarding Roxann Schaefer, Affton, which was adopted.

     Senator Banks, 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 SS for SB 521, 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.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 18, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

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

     SB 840--By Howard and Rohrbach.

     An Act to repeal section 144.010, RSMo 1994, and section 144.030, RSMo Supp. 1995, relating to the sale of livestock, and to enact in lieu thereof two new sections relating to the sale of livestock.

     SB 841--By Singleton.

     An Act to repeal sections 630.115 and 630.192, RSMo 1994, relating to the department of mental health, and to enact three new sections relating to the same subject.

     SB 842--By Flotron.

     An Act to amend chapter 544, RSMo, by adding one new section relating to federal law enforcement officials.

     SB 843--By Flotron and Lybyer.

     An Act to repeal section 135.010, RSMo 1994, relating to property tax relief, and to enact one new section relating to the same subject.

     SB 844--By Flotron.

     An Act to repeal sections 287.020, 287.030, and 287.090, RSMo 1994, relating to employer and employee coverages and exemptions, and to enact in lieu thereof four new sections relating to the same subject.

     SB 845--By Klarich.

     An Act to repeal section 246.305, RSMo 1994, relating to certain levee districts, and to enact one new section relating to the same subject.

     SB 846--By Treppler.

     An Act to repeal section 620.455, RSMo 1994, relating to the tourism commission, and enacting in lieu thereof one new section relating to the same subject.

     SB 847--By House.

     An Act to repeal sections 143.781, 144.021 and 144.440, RSMo 1994, relating to taxation, and to enact five new sections relating to the same subject, with an effective date.

     SB 848--By Mueller.

     An Act to repeal section 537.118, RSMo 1994, relating to civil liability of volunteers, and to enact in lieu thereof one new section relating to the same subject.

     SB 849--By DePasco.

     An Act to repeal section 311.333, RSMo 1994, relating to merchandising practices for certain alcoholic beverages, and to enact in lieu thereof one new section relating to the same subject.

     SB 850--By DePasco.

     An Act to repeal section 544.155, RSMo 1994, relating to peace officer arrest powers, and to enact in lieu thereof one new section relating to the same subject.

     SB 851--By DePasco.

     An Act to amend chapter 354, RSMo, by adding eight new sections relating to the restructuring or conversion of certain health care companies.

     SJR 34--By Mueller and Flotron.

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing sections 3 and 4(b) of article X of the constitution of Missouri relating to taxation, and adopting two new sections in lieu thereof relating to the same subject.

     SB 629, introduced by Senator Caskey, entitled:

     An Act to repeal section 544.665, RSMo 1994 and sections 304.009 and 304.010, RSMo Supp. 1995, relating to the operation of motor vehicles and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions and an emergency clause.

     Was taken up.

     Senator Caskey moved that SB 629 be read the 3rd time and finally passed, which motion failed to receive a constitutional majority by the following vote:

	Yeas--Senators
Banks	Caskey	DePasco	Goode
Johnson	Mathewson	Maxwell	McKenna
Melton	Moseley	Russell	Singleton
Staples	Treppler	Westfall	Wiggins--16
	Nays--Senators
Clay	Ehlmann	Flotron	Graves
House	Howard	Kenney	Kinder
Klarich	Lybyer	Mueller	Quick
Rohrbach	Schneider	Sims--15
	Absent--Senators--None
	Absent with leave--Senators
Bentley	Curls	Scott--3

     SB 671, introduced by Senator Mathewson, entitled:

     An Act to repeal section 246.070, RSMo 1994, relating to flood relief, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was taken up.

     On motion of Senator Mathewson, SB 671 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senators
Bentley	Curls	Scott--3

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senators
Bentley	Curls	Scott--3

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

     Senator Goode moved that SB 687 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     Senator Goode offered SS for SB 687, entitled:

     An Act to repeal sections 162.855, 162.860, 162.865, 162.870 and 162.910, RSMo 1994, relating to special school districts, and to enact eleven new sections relating to the same subject, with an emergency clause.

     Senator Goode moved that SS for SB 687 be adopted.

     Senator McKenna assumed the Chair.

     Senator Klarich offered SA 1, which was read:

     Amend Senate Substitute for Senate Bill No. 687, Page 5, Section 162.857, Line 20, by deleting lines 20-21 and replacing in lieu thereof the following:

     "(3) To authorize all tax levies by two thirds approval of the board of education prior to submission of tax levy proposals to the voters as provided by law for the district;".

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

     Senator Schneider offered SA 2:

     Amend Senate Substitute for Senate Bill No. 687, Page 3, Section 162.856, Lines 10-12 of said page, by striking all of said lines; and

     Further amend said section by renumbering the remaining subdivisions accordingly; and

     Further amend said bill, page 12, section 162.867, line 10 of said page, by striking the words "governing council" and inserting in lieu thereof the following: "voters of each election district".

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

     Senator Quick resumed the Chair.

     Senator Schneider offered SA 3:

     Amend Senate Substitute for Senate Bill No. 687, Page 12, Section 162.867, Line 8 of said page, by striking the word "seven" and inserting in lieu thereof the following: "five"; and further amend line 13, by striking the word "seven" and inserting in lieu thereof the following: "five"; and further amend line 16, by striking ", two and three" and inserting in lieu thereof the following: "and two"; and further amend line 17, by inserting immediately after the word "subdistricts" the following: "three and"; and further on said line, by striking the following: "and five"; and further amend line 18, by striking the word "members" and inserting in lieu thereof the following: "the member"; and further amend line 19, by striking the following: "subdistricts six and seven" and inserting in lieu thereof the following: "subdistrict five"; and further amend line 27, by inserting at the end of said line the following: "Also, the county commission or county executive of the county in which the special school district is located shall elect two at-large members of the board of education who shall satisfy the other qualifications of this section and shall serve for three year terms; except that one of the initial members shall serve for a one year term and the other initial member shall serve for a three year term.".

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

     Senator Goode moved that SS for SB 687, as amended, be adopted, which motion prevailed.

     On motion of Senator Goode, SS for SB 687, as amended, was declared perfected and ordered printed.

     Senator Staples moved that SB 503, with SS No. 2 and SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 2 was again taken up.

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

     Senator Flotron offered SA 3:

     Amend Senate Substitute No. 2 for Senate Bill No. 503, Page 3, Section 304.010, Line 5 of said page, by inserting immediately after said line, the following:

     "3. The department of highways and transportation may lower or raise a speed limit set in subsection 2 of this section for particular sections of two-lane state or federal highways, but only after a lower or higher speed limit is indicated by an engineering study and after holding public hearings in the areas affected. No speed limit shall be changed under this subsection unless the particular section of highway is requested to be reviewed by a municipality or a county commission. Any changes made by the department under this subsection shall be promulgated by rule under section 536.024, RSMo, and in addition to the grounds for suspending a rule under that section the joint committee on adminis-trative rules shall be able to suspend a rule on the ground that it is against public policy."; and

     Further amend said section, by renumbering the remaining subsections accordingly.

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

     President Pro Tem Mathewson assumed the Chair.

     Senator Johnson offered SA 4:

     Amend Senate Substitute No. 2 for Senate Bill No. 503, Page 2, Section 304.010, Line 24 of said page, by striking the following: ", or, when lighted lamps are not required by law, on" and inserting in lieu thereof a semicolon ";"; and further amend lines 25 through 32, by striking all of said lines; and further amend line 33, by striking "(4)" and inserting in lieu thereof "(2)"; and further amend said line, by striking the word "in"; and

     Further amend said bill and section, page 3, line 1 of said page, by striking "the state when lighted lamps are required by law" and inserting in lieu thereof the following: ", federal or state".

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

     Senator Caskey moved that SS No. 2 for SB 503, as amended, be adopted, which motion prevailed on a standing division vote.

     On motion of Senator Staples, SS No. 2 for SB 503, as amended, was declared perfected and ordered printed.

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

     Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     Larry D. Snider, O.D., as a member of the State Board of Optometry;

     Also,

     Thomas A. Dinkins, III, as a member of the Linn State Technical College Board of Regents;

     Also,

     S. Lee Kling, as a member of the State Highway and Transportation Commission;

     Also,

     Sharon K. Worrell and Kenneth A. Michel, as members of the Drug Utilization Review Board;

     Also,

     Ronald E. Stutzman, as a member of the Missouri Public Entity Risk Management Fund Board of Trustees;

     Also,

     Sandra M. Moore, as a member of the Missouri Training and Employment Council.

     Also,

     Daniel Williams, Jr., as a member of the Lincoln University Board of Curators;

     Also,

     Flora M. Henderson and John L. Tirre, as members of the State Board of Cosmetology;

     Also,

     Christina J. Fritsch, as a member of the State Board of Embalmers and Funeral Directors;

     Also,

     Maria L. Evans, as a member of the Northeast Missouri State University Board of Governors;

     Also,

     H. Edward Wildberger, as a member of the Missouri Fire Safety Advisory Board;

     Also,

     Ronald D. Boyer, as a member of the Missouri State Milk Board;

     Also,

     Sterling Adams and Nancy J. Reynolds, as members of the Missouri Commission on Human Rights;

     Also,

     Joseph L. Stabler, as a member of the Elevator Safety Board;

     Also,

     Susan M. Noaker, as a member of the Children's Trust Fund Board;

     Also,

     Catherine W. Keefe, as a public member of the State Board of Registration for the Healing Arts;

     Also,

     Geneva F. Shearburn, MA, CSC., and Pat Osban Adams, as members of the Board of Certification of Interpreters;

     Also,

     Dan W. Brown, DVM, as a member of the Missouri Veterinary Medical Board;

     Also,

     Doris J. Jones and Lynn R. Morris, as members of the State Advisory Council on Vocational Education;

     Also,

     Sidney D. Koltun, as a member of the State Commission on Regulatory Barriers to Affordable Housing;

     Also,

     Susan W. Clowe and Jennifer A. Marino, as members of the Seismic Safety Commission;

     Also,

     William Craig Hosmer, as a member of the Missouri Community Service Commission;

     Also,

     Stuart M. Landrum, as a member of the Video Instructional Development and Educational Opportunity Program;

     Also,

     B. Karl Zobrist, as Chairman of the Public Service Commission.

     Senator Mathewson requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator Mathewson moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments, which motion prevailed.

     Also,

     Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of M. Dianne Postlewait-Drainer, as a member of the Public Service Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

     Senator Mathewson moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

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

     SB 852--By Caskey.

     An Act to repeal section 163.031, RSMo 1994, and sections 164.011 and 165.011, RSMo Supp. 1995, relating to the use of public school funds, and enacting four new sections relating to the same subject.

     SB 853--By McKenna and Flotron.

     An Act to repeal sections 354.400 and 354.535, RSMo 1994, relating to health maintenance organizations, and to enact in lieu thereof two new sections relating to the same subject.

     SB 854--By Moseley.

     An Act to repeal section 260.700, RSMo 1994, relating to the midwest interstate compact on low-level radioactive waste, and to enact in lieu thereof one new section relating to the same subject.

     SB 855--By Clay.

     An Act to amend chapter 288, RSMo, by adding thereto one new section relating to the withholding of income taxes from unemployment compensation benefits.

     SB 856--By Clay.

     An Act to repeal section 290.502, RSMo 1994, relating to the minimum wage rate, and to enact in lieu thereof one new section relating to the same subject.

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

     SB 711--Civil and Criminal Jurisprudence.

     SB 817--Ways and Means.

     SB 818--Ways and Means.

     SB 831--Public Health and Welfare.

     SJR 33--Aging, Families and Mental Health.

     President Wilson assumed the Chair.

     Senator Quick resumed the Chair.

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

     WHEREAS, a one-page memo that Secretary of the Navy John Dalton signed January 12, 1995, clears the way for inactive Naval vessels to be scrapped or turned into museums; and

     WHEREAS, the historic Battleship U.S.S. Missouri (BB-63) has been stricken from the Navy's rolls owing to the financial costs that would be incurred in maintaining the vessel as part of our national defense force; and

     WHEREAS, the U.S.S. Missouri is best remembered within the annals of our nation's proud military tradition as the site of the formal surrender of Japan on September 2, 1945, an event which brought to an end the greatest global conflict in history; and

     WHEREAS, the U.S.S. Missouri is currently located at mooring "G" at the Naval Inactive Ships Maintenance Facility located in Puget Sound Naval Shipyard, Bremerton, Washington; and

     WHEREAS, special commemoration ceremonies were conducted aboard the U.S.S. Missouri on September 2, 1995, marking the Fiftieth Anniversary of VJ-Day, and two days later, the ship was closed to visitors; and

     WHEREAS, several ideas have been put forth as to the final resting place for this gallant Lady of the United States Navy by a number of interested parties, who have firmly determined that this historic vessel should not be scrapped, but rather, be preserved for the education and enrichment of future generations; and

     WHEREAS, though the state of Missouri would be proud to preserve the U.S.S. Missouri within its boundaries, the fact is that the guaranteed depth of water on the Mississippi River Channel is much too shallow to allow the ship to reach St. Louis or any other port in Missouri; and

     WHEREAS, the U.S.S. Missouri (BB-63) Memorial Association, Inc., of Honolulu, Hawaii, has expressed an interest in obtaining the Missouri and placing her on display in Pearl Harbor as a Naval Memorial and Museum; and

     WHEREAS, it is entirely fitting and proper that the site for the ending of the second World War should be located at the site of the beginning of United States involvement in the war; and

     WHEREAS, the American Legion, Department of Missouri, has urged the United States Navy to permanently locate the U.S.S. Missouri in Pearl Harbor, next to the U.S.S. Arizona Memorial:

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate of the Eighty-eighth General Assembly, the House of Representatives concurring therein, hereby memorialize the Congress of the United States, the President of the United States, the Joint Chief of Staff, United States Navy, and the Secretary of the Navy to take any appropriate action necessary to permanently locate the U.S.S. Missouri (BB-63) at Pearl Harbor, Honolulu, Hawaii, next to the U.S.S. Arizona Memorial, for the purpose of serving as a Naval Memorial and Museum; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the President of the United States, for each member of the Missouri Congressional delegation, for the Joint Chief of Staff, United States Navy, for the Secretary of the Navy, and for the American Legion, Department of Missouri.

     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 passed HB 1047, entitled:

     An Act to repeal sections 301.150, 302.301, 304.011, 304.015, 304.016, 304.017, 304.019, 304.023, 304.024, 304.026, 304.044, 304.075, 304.140, 304.160, 304.220, 304.250, 304.271, 304.281, 304.301, 304.341, 304.351, 304.580, 307.010, 307.040, 307.045, 307.055, 307.060, 307.065, 307.070, 307.075, 307.080, 307.085, 307.090, 307.095, 307.100, 307.105, 307.110, 307.115, 307.122, 307.125, 307.127, 307.155, 307.170, 307.171, 307.195, 307.350, 307.366, 307.380, 544.216, 544.665 and 575.150, RSMo 1994, and sections 302.020, 304.009, 304.010 and 304.022, RSMo Supp. 1995, relating to penalties for violation of motor vehicle laws, and to enact in lieu thereof fifty- five new sections relating to the same subject, with penalty provisions and with an emergency clause for certain sections.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Senator Rohrbach introduced to the Senate, Mr. and Mrs. Dan Kercher, Tipton; and Maren Gehrts, Germany; and Maren was made an honorary page.

     Senator Melton introduced to the Senate, Rosella Hamilton, Jo Hadley and Sandy Poneleit, Kimberling City.

     Senator Klarich introduced to the Senate, Amy Hall, Washington.

     Senator Ehlmann introduced to the Senate, Rose Mack, Vernon Smith, Francis Schrick, Bill and Jean DePrender, Len and Shirley Behrendt, Thomas and Janet Palmer, Virginia Smith, Doris Kelsey, Jerre Schrick and Lou and Charlotte Queensen, St. Charles County.

     Senator Sims introduced to the Senate, the Physician of the Day, Alina Urriola, M.D., St. Louis.

     On motion of Senator Banks, the Senate adjourned until 4:00 p.m., Monday, January 29, 1996.