The Senate met pursuant to adjournment.

     Senator Wiggins in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we are thankful for the privilege of having someone to love and having someone to love us. We are thankful that even if we lose that special someone the love remains in our heart. On this Valentine's Day, we give thanks for true love. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     Senator Banks moved that the Senate Journal for Tuesday, February 13, 1996, be corrected on page 195, column 2, line 27, by adding the following:

     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 773, begs leave to report that it has considered the same and recommends that the bill do pass.", which motion prevailed.

     The Journal of the previous day was read and approved, as corrected.

     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	Treppler	Westfall
Wiggins--33
	Absent with leave--Senator Scott--1
	The Lieutenant Governor was present.

     Senator Rohrbach offered Senate Resolution No. 840, regarding John Q. Hammons, which was adopted.

     Senator Mathewson offered Senate Resolution No. 841, regarding National TRIO DAY, which was adopted.

     Senator Moseley offered Senate Resolution No. 842, regarding Mr. Walter F. Pfeffer, II, LUTCF, Columbia, which was adopted.

     Senator Mathewson offered the following concurrent 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, the House of Representatives concurring therein, that the Secretary of State of Missouri shall prepare and cause to be collated, indexed, printed and bound, all acts and resolutions of the Eighty-eighth General Assembly, First and Second Regular Sessions and extra sessions, if any, and shall examine the printed copies and compare them with and correct the same by the original rolls and note all errors, if any, which have been committed and cause errata thereof to be annexed, together with an attestation under the hand of the Secretary of State that she has compared the same and the original rolls in her office and has corrected the same thereby; and

     BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Secretary of State; and

     BE IT FURTHER RESOLVED that the Secretary of State is authorized to print and bind up to two thousand five hundred (2,500) copies of the acts and resolutions of the Eighty-eighth General Assembly with appropriate indexing.

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

     SB 912--By Mathewson.

     An Act to repeal sections 205.969, 205.970, 205.971 and 205.972, RSMo 1994, and section 205.968, RSMo Supp. 1995, relating to services for persons with developmental disabilities, and to enact five new sections relating to the same subject.

     SB 913--By Howard.

     An Act to repeal sections 195.010, 195.050, 195.060, 195.070, 195.100, 195.110, 195.204, 195.400, 337.015, and 338.010, RSMo 1994, relating to psychologists, and to enact in lieu thereof eleven new sections relating to the same subject.

     HB 1014, with SCS, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 1996.

     Was taken up by Senator Lybyer.

     SCS for HB 1014, entitled:

     An Act to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 1996.

     Was taken up.

     Senator Lybyer moved that SCS for HB 1014 be adopted.

     Senator Lybyer offered SA 1:

     Amend Senate Committee Substitute for House Bill No. 1014, Page 4, Section 14.045, Line 8, by deleting said line and inserting in lieu thereof the following line:

"From Youth Opportunities and Violence

Prevention Fund........................................................................................1 E".

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

     President Wilson assumed the Chair.

     Senator Maxwell offered SA 2, which was read:

     Amend Senate Committee Substitute for House Bill No. 1014, Page 7, Section 14.100, Line 5, by deleting the number "477,933" and inserting in lieu thereof the number "460,133" and further amend said section, line 6, by deleting the number "499,683" and inserting in lieu thereof the number "481,883".

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

     Senator Wiggins resumed the Chair.

     Senator McKenna offered SA 3:

     Amend Senate Committee Substitute for House Bill No. 1014, Page 10, Section 14.165, by inserting immediately after said section the following new section:

"Section 14.167. To the Attorney General

For expenses related to Federal Clean

Air Act cases

Personal Service and/or Expense and Equipment

From General Revenue Fund................................................................$75,000".

     Senator McKenna moved that the above amendment be adopted.

     Senator Lybyer offered SSA 1 for SA 3, which was read:

     Amend Senate Committee Substitute for House Bill No. 1014, Page 10, Section 14.165, by inserting immediately after said section the following new section:

"Section 14.167. To the Attorney General

For expenses related to Federal Clean

Air Act cases

Personal Service and/or Expense and Equipment

From General Revenue Fund.................................................................$8,186".

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

     President Wilson resumed the Chair.

     At the request of Senator Lybyer, HB 1014, with SCS, as amended (pending), was placed on the Informal Calendar.

     President Pro Tem Mathewson ruled the pending point of order on SS for SS for SS for HB 1047 not well taken.

     SS for SS for SS for HB 1047 was again taken up.

     At the request of Senator Caskey, SS for SS for SS for HB 1047 was withdrawn.

     At the request of Senator Caskey, SS for SS for HB 1047 was withdrawn.

     SS for HB 1047 was again taken up.

     Senator Caskey offered SS No. 2 for SS for HB 1047, entitled:

     An Act to repeal sections 301.150, 302.301, 304.012, 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, 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-three new sections relating to the same subject, with penalty provisions and with an emergency clause for certain sections.

     Senator Caskey moved that SS No. 2 for SS for HB 1047 be adopted.

     Senator Caskey offered SA 1, which was read:

     Amend Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047, Page 7, Section 304.010.3, Line 22, by inserting after "state" on said line the words "and federal".

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

     Senator Treppler offered SA 2:

     Amend Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047, Page 7, Section 304.010, Line 7, by inserting immediately after said line the following:

     "2. Notwithstanding the provisions of subsection 1 of this section, no truck as defined in section 301.010, RSMo, registered for a gross weight of over twenty-four thousand pounds shall exceed a speed which is five miles per hour less than the posted limit for other vehicles, except that no such truck shall be limited to less than fifty-five miles per hour by this subsection."; and further by renumbering the remaining subsections accordingly.

     Senator Treppler moved that the above amendment be adopted.

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

     Amend Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047, Page 6, Section 304.010, Line 20, by striking "seventy" and substitute "sixty-five".

     Senator Schneider moved that the above substitute amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Caskey, Flotron, Russell and Staples.

     SSA 1 for SA 2 failed of adoption by the following vote:

	Yeas--Senators
Banks	Goode	House	Mueller
Schneider	Treppler--6
	Nays--Senators
Bentley	Caskey	Clay	Curls
DePasco	Ehlmann	Flotron	Graves
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Quick
Rohrbach	Russell	Sims	Singleton
Staples	Westfall	Wiggins--27
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     SA 2 was again taken up.

     Senator Treppler moved that the above amendment be adopted.

     Senator Staples requested a roll call vote be taken and was joined in his request by Senators Russell, Melton, Treppler and Lybyer.

     SA 2 failed of adoption by the following vote:

	Yeas--Senators
Banks	Bentley	Clay	Goode
House	Mueller	Schneider	Sims
Treppler	Wiggins--10
	Nays--Senators
Caskey	Curls	DePasco	Ehlmann
Flotron	Graves	Howard	Johnson
Kenney	Kinder	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Quick	Rohrbach	Russell	Singleton
Staples	Westfall--22
	Absent--Senator Klarich--1
	Absent with leave--Senator Scott--1

     Senator Schneider offered SA 3:

     Amend Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047, Page 6, Section 304.010, Line 21, by inserting immediately after the word "route" the following: "except for portions of those routes which are located within urbanized areas".

     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 Flotron, Mathewson, Melton and Russell.

     SA 3 failed of adoption by the following vote:

	Yeas--Senators
Banks	Bentley	Clay	Ehlmann
Goode	House	Johnson	Lybyer
McKenna	Mueller	Rohrbach	Schneider
Sims	Treppler	Wiggins--15
	Nays--Senators
Caskey	Curls	DePasco	Flotron
Graves	Howard	Kenney	Kinder
Klarich	Mathewson	Maxwell	Melton
Moseley	Quick	Russell	Singleton
Staples	Westfall--18
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     Senator Caskey moved that SS No. 2 for SS for HB 1047, as amended, be adopted, which motion prevailed.

     On motion of Senator Staples, SS No. 2 for SS for HB 1047, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Caskey	Clay	Curls	DePasco
Ehlmann	Flotron	Goode	Graves
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Quick	Rohrbach
Russell	Singleton	Staples	Westfall
Wiggins--25
	Nays--Senators
Banks	House	Moseley	Mueller
Schneider	Treppler--6
	Absent--Senators
Bentley	Sims--2
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

	Yeas--Senators
Caskey	Clay	Curls	DePasco
Ehlmann	Flotron	Goode	Graves
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Singleton
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senators
Banks	House	Schneider--3
	Absent--Senators
Bentley	Sims--2
	Absent with leave--Senator Scott--1

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

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

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

     Senator Lybyer moved that HB 1014, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     Senator Klarich offered SA 4, which was read:

     Amend Senate Committee Substitute for House Bill No. 1014, Page 4, Section 14.045, Line 7, by deleting said line and inserting in lieu thereof the following new line:

"by Section 620.1100 RSMo".

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

     Senator Lybyer moved that SCS for HB 1014, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HB 1014, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Flotron	Goode
Graves	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Treppler	Westfall
Wiggins--29
	Nays--Senators--None
	Absent--Senators
Curls	House	Maxwell	Staples--4
	Absent with leave--Senator Scott--1

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

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

     SB 914--By Quick.

     An Act to repeal sections 110.130, 110.140, 110.150, 140.170 and 140.190, RSMo 1994, relating to county government, and to enact in lieu thereof five new sections relating to the same subject.

     President Pro Tem Mathewson referred SCS for SBs 763 and 545 to the Committee on State Budget Control.

     Senator Mathewson offered the following concurrent resolution:

     WHEREAS, agriculture is a dominant and important industry in Missouri, one which is critical to the well-being of all Missourians; and

     WHEREAS, animal production in Missouri, including swine production, is growing and changing dramatically; and

     WHEREAS, the regulation of large, confined animal production facilities is important both to public health and to the environment; and

     WHEREAS, complying with regulations concerning these facilities is an expensive and difficult process; and

     WHEREAS, there are currently more than five different proposals being debated in the Missouri General Assembly which contain provisions for changing the regulations on confined animal feeding operations in this state; and

     WHEREAS, it is unfair to both the public and to the applicant farmers to continue permit processing for animal production facilities when the laws may change; and

     WHEREAS, the fact that such requirements are constantly subject to change places the Department of Natural Resources in a very difficult position when trying to decide on what requirements to include in a permit:

     NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate of the Eighty-eighth General Assembly, the House of Representatives concurring therein, that the Director of the Department of Natural Resources be requested to not proceed with processing any applications for wet handling waste facility permits in Class IA or IB which were filed after January 1, 1996; and

     BE IT FURTHER RESOLVED that the Director of the Department of Natural Resources continue this moratorium until June 15, 1996; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the Director of the Department of Natural Resources.

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

     SB 905--Financial and Governmental Operations.

     SJR 34--Ways and Means.

     Senator Howard offered Senate Resolution No. 843, regarding Aid Association for Lutherans Branch 5257, Poplar Bluff, which was adopted.

     Senator Wiggins offered Senate Resolution No. 844, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Russell Blake, Kansas City, which was adopted.

     Senator Maxwell offered Senate Resolution No. 845, regarding Mr. Craig Richards, Mexico, which was adopted.

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

TO THE SECRETARY OF THE SENATE

88TH GENERAL ASSEMBLY

FIRST REGULAR SESSION

STATE OF MISSOURI:

     Herewith I return to you Senate Bill No. 671 entitled:

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.

     On February 13, 1996, I approved said Senate Bill No. 671.

     Senator Caskey introduced to the Senate, Patrick and Allison Harkins, and their children, Evan, Caroline, Adam and John Paul, home schoolers from Cass County; and Evan, Caroline, Adam and John Paul were made honorary pages.

     Senator Bentley introduced to the Senate, Sara Lampe, Gary Kellner, Betty Israel, David Coonrod and Mary Malter, Springfield.

     Senator Mueller introduced to the Senate, former Lieutenant Governor Bill Phelps, Houston, Texas.

     Senator Johnson introduced to the Senate, Dr. Carl Meyers, his wife, Jan, and their son, Brian, Kansas City; and Brian was made an honorary page.

     Senator Howard introduced to the Senate, Gary and Laura Birschbach, Piedmont.

     Senator Mathewson introduced to the Senate, Grant Austin Swift, Marshall, who was made an honorary page.

     On behalf of Senator Wiggins, the President introduced to the Senate, former Senator, Judge Jack Gant, Jackson County.

     Senator Westfall introduced to the Senate, a delegation from the Good Samaritan Boys Ranch, Brighton.

     Senator Howard introduced to the Senate, Christie Johnson, Cooter.

     Senator Kenney introduced to the Senate, Betty Newport and Elaine Parmen, Blue Springs; Kim Gorman and Lois Shipley, Independence; and Diana Guynn, Raytown.

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