The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, forgive us for complaining about the work when we should be giving thanks for the job, for complaining about life's trials instead of giving thanks for the joy of living. We give thanks for every breath we take, for each step we can take, for what we see and hear. Help us to use these gifts as the treasure they are. 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	Clay
Curls	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	Westfall	Wiggins--32
	Absent with leave--Senators
Scott	Treppler--2
	The Lieutenant Governor was present.

     Senator Russell offered Senate Resolution No. 786, regarding the Sixtieth Anniversary of Mr. and Mrs. Tom F. Luthy, Sr., Lebanon, which was adopted.

     Senator Moseley offered Senate Resolution No. 787, regarding GEHM Environmental, Boonville, which was adopted.

     Senator DePasco offered Senate Resolution No. 788, regarding Jachin Misko, which was adopted.

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

     BE IT RESOLVED by the Senate of the Eighty-eighth General Assembly, Second Regular Session, that Senate Rule 79 be amended as follows:

     "Rule 79. No senator shall speak more than once on the same question without leave of the senate, unless he is the mover, proposer or introducer of the matter pending, in which case he shall be permitted to speak or reply, but not until every senator choosing to speak has spoken. Any senator may be recognized after a senator has made a motion and the senate has acted on that motion. After a senator has been recognized to close, no other senator is permitted to speak on the pending matter, except that in the case of a proposed amendment to a bill or resolution, the proponent of the amendment and the author of the bill or resolution to be amended may be interrogated, but, in the case of a bill or resolution, only the author of the bill or resolution may be interrogated."

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

     SB 876--By Treppler.

     An Act to amend chapter 26, RSMo, by adding one new section relating to boards and commissions.

     SB 877--By Singleton.

     An Act to repeal sections 334.010, 334.190, 334.260 and 335.016, RSMo 1994, relating to midwives, and to enact in lieu thereof five new sections relating to the same subject.

     SB 878--By Wiggins and DePasco.

     An Act to repeal section 67.641, RSMo 1994, relating to appropriations to convention and sports complex fund, and to enact one new section relating to the same subject.

     SB 879--By Flotron and Kenney.

     An Act to repeal section 143.805, RSMo 1994, relating to taxation and revenue, and to enact in lieu thereof two new sections relating to the same subject.

     SB 880--By Flotron and Melton.

     An Act to repeal sections 197.305, 197.310 and 197.330, RSMo 1994, relating to certificate of need, and to enact in lieu thereof three new sections relating to the same subject.

     SJR 36--By McKenna, Sims, Flotron, Banks, Wiggins, Treppler, Clay, Ehlmann, Mueller and Scott.

     An Act submitting to the qualified voters of Missouri, an amendment repealing sections 47(a), 47(b) and 47(c) of article IV of the Constitution of Missouri relating to certain sales taxes, and adopting five new sections in lieu thereof relating to the same subject, with a termination date.

     SB 881--By Johnson.

     An Act to repeal section 104.342, RSMo Supp. 1995, relating to the public school retirement system, and to enact one new section relating to the same subject.

     SB 882--By Moseley.

     An Act to repeal section 162.680, RSMo 1994, and sections 160.261, 167.161, 167.171, and 211.321, RSMo Supp. 1995, and to enact in lieu thereof fourteen new sections for the purpose of providing safer schools, with penalty provisions.

     SB 883--By Bentley and Schneider.

     An Act to repeal sections 376.854, 376.859, 376.864, 376.869, 376.879 and 376.886, RSMo 1994, relating to medicare supplement insurance, and to enact in lieu thereof six new sections relating to the same subject, with an emergency clause.

     The following messages were received from the Governor:

TO THE SENATE OF THE 88TH GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 3, 1996, for your advice and consent.

     Julie A. Relford, 812 South Bradford, Kirksville, Adair County, Missouri 63501, as a member of the Foster and Residential Care Facility Placement Task Force, for a term ending January 1, 1996; vice, Senate Bill 460.

     Also,

TO THE SENATE OF THE 88TH GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

     I hereby withdraw from your consideration the following appointment to office made by me and submitted to you on January 3, 1996, for your advice and consent.

     Gloria Ann Wilson, 2220 Bradley Street, Poplar Bluff, Butler County, Missouri 63901, as a member of the Foster and Residential Care Facility Placement Task Force, for a term ending January 1, 1996; vice, Senate Bill 460.

     Senator Banks moved that the above appointments be returned to the Governor, per his request, which motion prevailed.

     President Wilson assumed the Chair.

     Senator McKenna moved that SB 575 be taken up for perfection, which motion prevailed.

     On motion of Senator McKenna, SB 575 was declared perfected and ordered printed.

     At the request of Senator Staples, SB 679, with SCS, was placed on the Informal Calendar.

     At the request of Senator DePasco, SJR 32 was placed on the Informal Calendar.

     At the request of Senator DePasco, SB 643 was placed on the Informal Calendar.

     Senator Flotron moved that SB 735, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 735, entitled:

     An Act to repeal section 72.418, RSMo Supp. 1995, relating to fire protection district elections, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was taken up.

     Senator Flotron moved that SCS for SB 735 be adopted, which motion prevailed.

     On motion of Senator Flotron, SCS for SB 735 was declared perfected and ordered printed.

     Senator Johnson moved that SB 857, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 857, entitled:

     An Act to repeal sections 169.010 and 169.600, RSMo 1994, and sections 169.030 and 169.620, RSMo Supp. 1995, relating to teacher retirement, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause.

     Was taken up.

     Senator Johnson moved that SCS for SB 857 be adopted, which motion prevailed.

     On motion of Senator Johnson, SCS for SB 857 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:

     Corwin S. Ruge, Jr., as a member of the State Banking Board;

     Also,

     Barbara R. Stuckey and Mary L. Vernassie, as members of the Missouri Real Estate Commission;

     Also,

     Karen C. Baker, as a member of the Missouri Western State College Board of Regents;

     Also,

     Frances I. Brothers, as a member of the Missouri Training and Employment Council;

     Also,

     Valerie O. Walker, as a member of the Drug Utilization Review Board;

     Also,

     David Alan Day, as a member of the Hazardous Waste Management Commission of the State of Missouri;

     Also,

     Donald J. Mayhew, as a member of the Elevator Safety Board;

     Also,

     Charles Edward Evans, as a member of the Missouri Agricultural and Small Business Development Authority;

     Also,

     Richard E. Tufts, as a member of the Missouri Emergency Response Commission;

     Also,

     James Butler, Ronald J. Walkenbach, Michael C. Perry, MD, FACP, Jerry W. Palmer, Pamala R. Struessel, RN, BA, Mitzie A. Eddins, Mary R. Vieth, Barry K. Freedman and Robert L. Coscia, MD, FACS, as members of the Organ Donation Advisory Committee;

     Also,

     Linda Hickam-Fountain, as a member of the Missouri Veterinary Medical Board;

     Also,

     Christopher J. Maglio, Ph.D., as a member of the Committee for Professional Counselors;

     Also,

     Kimalea Anderson, Dianne L. Tackett, Shawn T. deLoyola, Melodie A. Friedebach, John G. Solomon and Neva G. Thurston, as members of the Missouri Planning Council for Developmental Disabilities;

     Also,

     Jonathan G. Hanson, D.D.S., as a member of the Missouri Dental Board;

     Also,

     Dr. Kala M. Stroup, as a member of the Midwestern Higher Education Commission;

     Also,

     Dr. Kala M. Stroup, as a member of the Missouri Training and Employment Council;

     Also,

     Thomas B. Becker, as a member of the Missouri Housing Development Commission;

     Also,

     Carla D. Turner, Danny R. Hobbs, and Alice M. Windom, as members of the Missouri Child Abuse and Neglect Review Board;

     Also,

     Ruby C. Harriman, John E. Thorne, Danielle H. Kaye, Theresa Clow (T.C.) Lademann, Ph.D., John A. Klebba and Michael S. Manier, as members of the Linn State Technical College Board of Regents;

     Also,

     Richard C. Dunn, H. Mitchell Hanna, Jr., Linda Antonia Kyser, Barbara O'Toole, Anthony R. Taylor and Rosalyn V. Kisart, as members of the Foster and Residential Care Facility Placement Task Force.

     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.

     President Pro Tem Mathewson resumed the Chair.

     Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

     Mr. President: Your Committee on Ways and Means, to which were referred SB 551 and SB 639, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     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 were referred SB 763 and SB 545, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 547, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Caskey, Chairman of the Committee on Ethics, submitted the following report:

     Mr. President: Your Committee on Ethics, to which was referred SB 709, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Transportation, to which was referred SB 558, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred HB 1047, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1, 2, 3, 4, and 5.

     Amend House Bill No. 1047, Page 2, Section 304.010, Line 26 by inserting immediately after "commission" the words "in consultation with the state highway patrol"; and further on lines 31-32, by striking all of said lines and inserting in lieu thereof the following: "miles per hour.".

     Amend House Bill No. 1047, Page 2, Section 304.010, Line 18 by inserting immediately after "highways" the words ", expressways and freeways".

     Amend House Bill No. 1047, Page 6, Section 304.580, Line 2 by inserting at the beginning of said line the words "highways and transportation department workers or".

     Amend House Bill No. 1047, Page 1, In the Title, Line 3 by inserting after the number "304.140," the number "304.150,"; and

     Further amend said bill, page 7, section C, line 2, by inserting after the number "304.140," the number "304.150,"; and

     Further amend said bill, page 14, section 304.140, line 2, by inserting after all of said line the following:

     "[304.150. No person shall leave a motor vehicle unattended on the highway without first stopping the motor and cutting off the electric current, and no person shall leave a motor vehicle, except a commercial motor vehicle, unattended on the highway of any city having a population of more than seventy-five thousand unless the mechanism, starting device or ignition of such motor vehicle shall be locked. The failure to lock such motor vehicle shall not mitigate the offense of stealing the same, nor shall such failure be used to defeat a recovery in any civil action for the theft of such motor vehicle, or the insurance thereon, or have any other bearing in any civil action.]"; and

     Further amend said bill, page 33, section 575.150, line 12, by inserting after the word "crime" the following: ", infraction".

     Amend House Bill No. 1047, Page 3, Section 304.010, Line 41 by striking the words "and, with" and inserting in lieu thereof the following: ". The county commission of any county of the second, third or fourth classification may set the speed limit or the weight limit, with"; and further on line 46, by inserting immediately before "bridges" the following: "roads or".

     Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following report:

     Mr. President: Your Committee on Appropriations, to which was referred SB 578, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

     Amend Senate Bill No. 578, Page 1, Section 43.050, Line 6 by striking the opening bracket "["; and further on said line, by striking the following: "] that for which funds"; and further on line 7, by striking the following: "are appropriated,"; and further on line 12, by inserting immediately after said line the following:

     "3. Members of the patrol hired in conjunction with any agreement with the Missouri gaming commission shall not be subject to the personnel cap referenced in subsection 1 of this section. If such agreement is subsequently terminated or modified to reduce the number of personnel used in such agreement, those members affected by such termination or modification shall not be subject to the personnel cap referenced in subsection 1 of this section for a period of three years.

     4. Members of the patrol hired in conjunction with the community oriented policing services federal grant shall not be subject to the personnel cap referenced in subsection 1 of this section until such time the federal grant expires."; and

     Further amend said section, page 2, line 13, by striking the numeral "3" and inserting in lieu thereof the numeral "5".

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

     Mr. President: Your Committee on Insurance and Housing, to which were referred SB 533, SB 512 and SB 581, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following report:

     Mr. President: Your Committee on Commerce and Environment, to which were referred SB 613 and SB 714, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Quick, Chairman of the Committee on Financial and Governmental Operations, submitted the following report:

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred SB 676, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 569, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Johnson, Chairman of the Committee on Agriculture and Local Government, submitted the following report:

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SJR 29, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

     Senator Moseley, Chairman of the Committee on Education, submitted the following reports:

     Mr. President: Your Committee on Education, to which was referred SB 572, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Education, to which were referred SB 795, SB 542 and SB 563, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator McKenna, Chairman of the Committee on Conservation, Parks and Tourism, submitted the following reports:

     Mr. President: Your Committee on Conservation, Parks and Tourism, to which was referred SB 661, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Conservation, Parks and Tourism, to which was referred SB 497, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 494, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Transportation, to which was referred SB 560, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

     Amend Senate Bill No. 560, Page 3, Section 304.155, Line 3 by inserting immediately after "agency's" the word "real"; and

     Further amend said bill and section, page 5, line 50, by striking the word "gross"; and

     Further amend said bill and section, page 5, lines 57-58, by striking said lines and inserting in lieu thereof the following: "section or section 304.157, the law enforcement agency that"; and further on lines 62-67 by striking all of said lines and inserting in lieu thereof the following:

"vehicle, trailer or vessel has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. The law enforcement agency shall also inspect any towed vehicle, trailer or vessel for which it authorized the tow within forty-eight hours of the removal. The law enforcement [officer who authorized the tow] agency shall submit a crime inquiry and inspection report to the director of revenue within five working days of the towing of the vehicle, trailer or vessel if it remains unclaimed. [Such] The crime inquiry and inspection"; and

     Further amend said bill, page and section, line 73, by striking "number" and inserting in lieu thereof the following: "plate or registration number and the state of issuance, if available"; and further on line 75 by inserting after "name" the following: ", telephone number"; and further on line 75 by striking "tower" and inserting in lieu thereof the following: "towing company"; and

     Further amend said bill and section, page 6, line 76, by striking "of the authorization to tow" and inserting in lieu thereof the following: ", place and reason for the towing of"; and further on line 76 by striking "and"; and further on line 78 by striking "and" and inserting in lieu thereof a comma ","; and further on line 78 by inserting after "system" the following: "and any other similar system which has titling and registration information"; and further on line 79 by striking the period "." from said line and inserting in lieu thereof the following: ";

     (8) The signature and printed name of the law enforcement officer or authorized government employee and the towing operator; and

     (9) Any additional information the director of revenue deems appropriate." and

     Further amend said bill and section, page 6, lines 87-108, by striking all of said lines; and further on lines 109-111 by striking said lines and inserting in lieu thereof the following:

     "5. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow. One copy shall be retained by the"; and

     Further amend said bill and section, page 7, lines 116-117, by striking the words "service station, towing operator, salvage dealer, or motor vehicle repair shop," and inserting in lieu thereof the following: "towing company"; and

     Further amend said bill and section, page 8, lines 181-183, by striking all of lines 181 and 182 and the word "section" on line 183, and by inserting in lieu thereof the following: "8. Towing companies"; and

     Further amend said bill, section 304.156, page 9, line 2, by striking "report"; and further on line 3 by inserting after "department" the words "of revenue"; and

     Further amend said bill and section, page 10, line 15, by striking "seven business days" and inserting in lieu thereof the following: "ten business days of the date of mailing indicated on the notice sent by the department of revenue"; and further on line 28 by striking "which is in default"; and further on line 34 by striking "act" and inserting in lieu thereof the word "section"; and further on lines 39-40 by striking "or it will be sold at a public auction"; and

     Further amend said bill and section, page 11, line 71, by striking "subsections 7 to 9" and inserting in lieu thereof the following: "subsection 7"; and further on line 74 by striking "storage operator" and inserting in lieu thereof the word "company"; and further on lines 74-75 by striking "the time he has knowledge of the location of the abandoned property" and inserting in lieu thereof the following: "receipt of notification from the towing company pursuant to subsection 1 of this section,"; and further on line 82 by striking "act" and inserting in lieu thereof the word "section"; and

     Further amend said bill and section, page 12, lines 89-90, by striking the word "lienholder" as it appears on both of said lines and inserting in lieu thereof on both lines the following: "towing company"; and further on line 92 by striking "towing-storage" and inserting in lieu thereof the word "towing"; and further on lines 100-101 by striking said lines and inserting in lieu thereof the following:

     "6. A towing and/or storage lien shall be enforced as provided in subsection 7"; and

     Further amend said bill, page and section, line 104, by striking "in default"; and further on line 107 by inserting immediately after "owner" the following: "or holder of a security agreement"; and further on lines 108-109 by striking the words "sell the abandoned property as provided in subsection 8 of this section or may"; and further on line 117 by striking the words "which is in default"; and

     Further amend said bill and section, page 13, lines 128 to 156, by striking all of said lines; and

     Further amend said bill and section, page 14, lines 157-160, by striking all of said lines and inserting in lieu thereof the following:

     "8. If notice to the owner and holder of a security agreement has been returned marked "not forwardable" or "addressee unknown", the lienholder in possession shall comply with subsection 3 of this section."; and

     Further amend said bill and section, page 14, line 161, by striking "10." and inserting in lieu thereof "9."; and further on lines 166-167 by striking said lines and inserting in lieu thereof the following: "304.155 to 304.158.

     10. Any municipality or county which sells an abandoned vehicle in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.218 or 301.251, RSMo, or for any other person. Any dealer or other person purchasing such a vehicle from a municipality or county shall apply within thirty days of purchase for a certificate of ownership as provided in section 301.190, RSMo, or for a junking certificate or salvage title as provided in section 301.227, RSMo. Anyone convicted of a violation of this section shall be guilty of an infraction."; and further on line 186 by inserting after "documents" the following: "submitted under this section"; and further on line 186 by inserting after the word "issue" the following: "an original certificate of title,"; and

     Further amend said bill, section 304.157, page 15, lines 6-7, by striking "service station, towing operator, salvage dealer, or vehicle repair shop" and inserting in lieu thereof the following: "towing company"; and further on line 26 by inserting immediately after "real property" the following: "or lessee in lawful possession of the real property"; and further on line 28 by inserting immediately after "owner" the following: "or lessee"; and further on line 28 by inserting immediately after "under" the following: "any of"; and further on line 39 by inserting immediately after "owner" the words "or lessee"; and

     Further amend said bill and section, page 16, line 44, by striking "person in lawful possession" and inserting in lieu thereof the following: "lessee in lawful possession of the real property"; and further on line 49 by striking the word "gross"; and further on line 54 by inserting immediately after "hours" the following: "of the tow"; and further on line 55 by striking "Charges" and inserting in lieu thereof the following: "A lien for charges"; and

     Further amend said bill, section 304.158, page 19, line 2, by inserting immediately after the word "shall," the following: "if the person or agency knows the registered owner or lienholder,"; and further on line 3, by inserting immediately after "owner" the words "and any lienholder".

     Amend Senate Bill No. 560, Page 1, In the Title, Line 2 by inserting immediately after "304.001," the following: "304.150,"; and further on line 4 of the title by striking the word "five" and inserting in lieu thereof the word "six"; and

     Further amend said bill, page 1, section A, line 1, by inserting immediately after "304.001," the following: "304.150,"; and further on line 2 of section A by striking "five" and inserting in lieu thereof the word "six"; and further on line 3 of section A by inserting immediately after "304.001," the following: "304.150,"; and

     Further amend said bill, page 3, section 304.155, line 1, by inserting immediately before said line the following:

     "304.150. 1. No person shall leave a motor vehicle unattended on the highway without first stopping the motor and cutting off the electric current, and no person shall leave a motor vehicle, except a commercial motor vehicle, unattended on the highway of any city having a population of more than seventy-five thousand unless the mechanism, starting device or ignition of such motor vehicle shall be locked. The failure to lock such motor vehicle shall not mitigate the offense of stealing the same, nor shall such failure be used to defeat a recovery in any civil action for the theft of such motor vehicle, or the insurance thereon, or have any other bearing in any civil action.

     2. Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any state highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.

     3. Prior to January 1, 1999, any person who fails to comply with the requirements of subsection 2 of this section shall be issued a written warning of the violation in order to inform such persons of the requirements of this section. Beginning January 1, 1999, any person who fails to comply with the requirements of subsection 2 of this section is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than fifty dollars."; and

     Further amend said bill, page 4, section 304.155, lines 20-23, by striking all of said lines; and

     Further amend said bill, page 5, section 304.155, line 46, by inserting immediately after said line the following:

     "2. The department may immediately remove any abandoned, unattended, wrecked, burned or partially dismantled vehicle, trailer, spilled cargo or other personal property from the roadway of any state highway if the vehicle, trailer, cargo or personal property is creating a traffic hazard because of its position in relation to the state highway. In the event the vehicle creating a traffic hazard is a commercial motor vehicle, as defined in section 302.700, RSMo, the department's authority under this subsection shall be limited to authorizing a towing company to remove the commercial motor vehicle to a place of safety, except that the owner of the commercial motor vehicle or the owner's designated representative shall have a reasonable opportunity to contact a towing company of choice. The provisions of this subsection shall not apply to vehicles transporting any material which has been designated as hazardous under section 5103(a) of title 49, United States Code.

     3. Any government agency other than a law enforcement agency authorizing a tow under this section in which the vehicle, trailer or vessel is moved away from the immediate vicinity in which it was abandoned shall report the towing to the state highway patrol within twenty-four hours along with a description of the vehicle, trailer or vessel sufficient to make a criminal inquiry as required in this section."; and by renumbering the remaining subsections accordingly.

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

     Mr. President: Your Committee on Education, to which was referred SB 852, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Insurance and Housing, to which was referred SB 743, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     The following Bill was read the 1st time and 1,000 copies ordered printed:

     SB 884--By Moseley, Mathewson, Mueller, Howard, Flotron, McKenna, Clay, Singleton, Johnson, Wiggins, DePasco, Quick, Sims and Curls.

     An Act to repeal sections 630.110, 630.115, 630.125, 630.140, 630.155, 630.160, 630.165, 630.167, 630.168, 630.170, 630.175, 630.200, 631.110, 631.115, 631.120, 631.140, 631.145, 631.150, 631.165, 632.005, 632.300, 632.305, 632.330, 632.335, 632.340, 632.345, 632.350, 632.355, 632.365, 632.370, 632.375, 632.380, 632.390, 632.400, 632.410, 632.415, 632.440, 632.455, 633.125 and 633.160, RSMo 1994, and section 630.005, RSMo Supp. 1995, relating to mental health and to enact in lieu thereof forty-four new sections relating to the same subject, with penalty provisions.

     Senator Lybyer introduced to the Senate, the Physician of the Day, James Shaw, M.D., Hermann.

     Senator Curls introduced to the Senate, Ralph C. Johnson, CPA, Kansas City; and Patricia M. Jackson, Kansas City, Kansas.

     On motion of Senator Banks, the Senate adjourned until 4:00 p.m., Monday, February 5, 1996.