The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we are thankful for our way of life, for the democratic process of which we are a part. We pray that You will guide our words and actions so that when citizens see and hear what we do they will want to continue our democracy and our way of life. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, February 22, 1996, was read and approved.

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

	Present--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Absent with leave--Senators
Clay	Kenney	Moseley	Scott--4
	The Lieutenant Governor was present.

     

     Senator Rohrbach offered Senate Resolution No. 881, regarding Christopher Ray Toebben, Jefferson City, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 882, regarding Peggy Wagner, Jefferson City, which was adopted.

     Senator Russell offered Senate Resolution No. 883, regarding Tom M. Carter, Sr., Hartville, which was adopted.

     Senator Wiggins offered Senate Resolution No. 884, regarding the death of William Michael Barvick, Jefferson City, which was adopted.

     Senator Quick offered Senate Resolution No. 885, regarding Herbert L. Webster, Kearney, which was adopted.

     Senator Quick offered Senate Resolution No. 886, regarding David Severenuk, Kansas City, which was adopted.

     Senator Quick offered Senate Resolution No. 887, regarding Chad Michael Spencer, which was adopted.

     Senator House offered Senate Resolution No. 888, regarding Henry Joseph Wussler, IV, St. Charles, which was adopted.

     Senator Sims offered Senate Resolution No. 889, regarding Lieutenant Colonel Edmund T. Beckette, which was adopted.

     Senator Bentley offered Senate Resolution No. 890, regarding the death of Judge Donald Eugene Burrell, Springfield, which was adopted.

     Senator Howard offered Senate Resolution No. 891, regarding Christopher Richardson, Poplar Bluff, which was adopted.

     Senator Howard offered Senate Resolution No. 892, regarding David Moore, Poplar Bluff, which was adopted.

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

     SB 947--By Staples.

     An Act relating to the conveyance of certain property in St. Francois County.

     SB 948--By Russell.

     An Act to repeal sections 55.010, 55.050 and 59.020, RSMo 1994, relating to county auditors and recorders of deeds in counties of the first classification, and to enact in lieu thereof three new sections relating to the same subject.

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

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Diane Marie Baker, Republican, 14100 NW 74th Street, Parkville, Platte County, Missouri 64152, as a member of the State Environmental Improvement and Energy Resources Authority, for a term ending January 1, 1999, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Harriet A. Beard, Republican, P.O. Box 1064, Kirksville, Adair County, Missouri 63501, as a member of the Air Conservation Commission of the State of Missouri, for a term ending October 13, 1998, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Linda D. Beckmeyer, Republican, 20422 S. State Road, Hartsburg, Boone County, Missouri 65039-9771, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until her successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Stephen P. Burch, Republican, 601 Germann Court, Rolla, Phelps County, Missouri 65401, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until his successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Dennis M. Cory, 850 Melton Avenue, Ozark, Christian County, Missouri 65721, as a member of the Board of Examiners for Hearing Instrument Specialists, for a term ending February 22, 1998, and until his successor is duly appointed and qualified; vice, Senate Bill 69.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Jerry T. Duvall, 803 Commercial, Belton, Cass County, Missouri 64012, as a member of the Kansas City Area Transportation Authority, for a term ending October 13, 2000, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     George Eberle, Jr., 1444 Sullivan, St. Louis City, Missouri 63107, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Cheryl Fanning, Republican, 302 Broadway, Post Office Box 607, Lamar, Barton County, Missouri 64759, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until her successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Michael R. Foresman, Republican, 515 Pointe Essex, Kirkwood, St. Louis County, Missouri 63122, as a member of the Air Conservation Commission of the State of Missouri, for a term ending October 13, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Robert O. Kortkamp, Democrat, 15325 Oaktree Estates Drive, Chesterfield, St. Louis County, Missouri 63017, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until his successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Kenneth S. Kranzberg, Republican, 50 Picardy Lane, Ladue, St. Louis County, Missouri 63124, as a member of the State Environmental Improvement and Energy Resources Authority, for a term ending January 22, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Colonel Robert G. Lowery, Sr., 1815 Patterson Road, Florissant, St. Louis County, Missouri 63031, as a member of the Peace Officer Standards and Training Commission, for a term ending October 3, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Galen R. McPheeters, Republican, 5445 Possum Hollow Road, Agency, Buchanan County, Missouri 64401, as a member of the State Soil and Water Districts Commission, for a term ending August 15, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Avis J. Parman, Democrat, 1104 E. Clark Street Box 8, Albany, Gentry County, Missouri 64402, as a member of the State Environmental Improvement and Energy Resources Authority, for a term ending January 1, 1998, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Ann Ross, Democrat, 2 Deer Creek Hill, St. Louis, St. Louis County, Missouri 63124, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until her successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Geniece M. Rush, 4641 Vernon, St. Louis City, Missouri 63113, as the Student Representative to the Harris-Stowe State College Board of Regents, for a term ending January 1, 1998, and until her successor is duly appointed and qualified; vice, vacancy.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Daniel D. Sawyer, Democrat, 423 W. Red Bridge Road, Kansas City, Jackson County, Missouri 64114, as a member of the Missouri Citizen's Commission on Compensation for Elected Officials, for a term ending February 1, 2000, and until his successor is duly appointed and qualified; vice, House Joint Resolution 38 adopted as Article XIII, Section 3, Missouri State Constitution by the voters on November 8, 1994.

     President Pro Tem Mathewson referred the above appointments to the Committee on Gubernatorial Appointments.

     Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on SS No. 2 for SS for HB 1047, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047, with Senate Amendment No. 1, begs leave to report that we, after free and fair discussion of the differences between the Senate and the House have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047, with Senate Amendment No. 1;

     2. That the House recede from its position on House Bill No. 1047;

     3. That the attached Conference Committee Substitute for Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047 be adopted.

FOR THE SENATE:	FOR THE HOUSE:
/s/ Danny Staples	/s/ Larry Thomason
/s/ William P. McKenna	/s/ Rex Barnett
/s/ Betty Sims	/s/ Donald Prost
/s/ Irene Treppler	/s/ Gary Witt
Harold L. Caskey	/s/ Carson Ross

     Senator Staples moved that the above conference committee report be adopted.

     Senator Wiggins assumed the Chair.

     Senator Caskey offered a substitute motion that the conferees on CCS for SS No. 2 for SS for HB 1047, be discharged, that new conferees be named, that the bill be returned to conference and that the Senate conferees be instructed to uphold SS No. 2 for SS for HB 1047, as amended.

     Senator Staples requested a roll call vote be taken on the substitute motion and was joined in his request by Senators Treppler, Sims, Mueller and Johnson.

     Senator Caskey offered SA 1, which was read:

     I move that the conferees on Conference conferees be instructed to set the speed limit at 70 miles per hour upon rural interstates, freeways and expressways of this state per Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047, as amended.

     Senator Treppler raised the point of order that SA 1 is out of order in that SA 1 is not an amendment, but is a substitute motion for the substitute motion.

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

     Senator Staples raised the point of order that SA 1 is out of order in that the amendment instructs the conferees to go beyond the limits of the conference.

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

     SA 1 to the substitute motion was again taken up.

     Senator Staples requested a roll call vote be taken and was joined in his request by Senators Mueller, Treppler, Howard and Sims.

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

     Senator Caskey offered SA 2, which was read:

     I move that the conferees on Conference Committee Substitute for Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047 be discharged, that new conferees be named, that the bill be returned to conference and that the conferees be instructed to mandate that speed limits be lowered or increased by the Department of Highways and Transportation only after an engineering study has been completed and after public hearings have been held per Senate Substitute No. 2 for Senate Substitute for House Bill No. 1047, as amended.

     Senator Caskey moved that the above amendment be adopted.

     Senator Flotron was recognized to speak on a point of personal privilege.

     Senator Schneider rose to offer a substitute amendment.

     Senator Caskey rose, stating he had the floor.

     Senator Staples raised the point of order that Senator Caskey had yielded the floor for a point of personal privilege.

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

     Senator Quick assumed the Chair.

     A quorum was established by the following roll call:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kinder	Klarich	Mathewson	Maxwell
McKenna	Mueller	Quick	Rohrbach
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--27
	Nays--Senators--None
	Absent--Senators
Lybyer	Melton	Russell--3
	Absent with leave--Senators
Clay	Kenney	Moseley	Scott--4

     Senator Wiggins resumed the Chair.

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

     At the request of Senator Caskey, the substitute motion was withdrawn.

     At the request of Senator Staples, the motion to adopt the conference committee report was withdrawn.

     Senator Staples moved that the Senate refuse

to concur in the conference committee report on SS No. 2 for SS for HB 1047, as amended, and request the House to grant further conference; and further, that the conferees be bound on language for Highway 71 and the county speed limits only.

     Senator Howard offered a substitute motion that the Senate refuse to adopt the conference committee report on SS No. 2 for SS for HB 1047, as amended, and request the House to grant further conference, which motion failed on a standing division vote.

     Senator Staples renewed his motion that the Senate refuse to concur in the conference committee report on SS No. 2 for SS for HB 1047, as amended, and request the House to grant further conference; and further, that the conferees be bound on language for Highway 71 and the county speed limits only, which motion prevailed.

     Senator Schneider, Chairman of the Committee on Judiciary, submitted the following reports:

     Mr. President: Your Committee on Judiciary, to which was referred SB 869, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Judiciary, to which was referred SB 838, 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 876, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Appropriations, to which was referred SB 874, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 900, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     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 SB 811, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     The following messages were received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1259, entitled:

     An Act to repeal section 64.905, RSMo 1994, relating to planning and zoning in certain counties, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause for certain sections.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1313, entitled:

     An Act to amend chapter 288, RSMo, relating to unemployment security by adding thereto one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     President Pro Tem Mathewson referred SB 499 to the Committee on State Budget Control.

     Senator Singleton offered Senate Resolution No. 893, regarding Mr. Choice (C.V.) Taylor, which was adopted.

     Senator Singleton introduced to the Senate, Julie Chapman, Student Regent and Eden Aber, Shelby Hesterly, Tori Vicsik, Lydia Meadows, Gary Criter, Sandy Fisk, John Weedn, James Alan Brady, Christopher Gubera, Joshua C. Phillips, Jeff Bader, Brandon Fuhr and Derrick R. Good, students from Missouri Southern State College, Joplin.

     Senator Caskey introduced to the Senate, his wife, Kaye and Charles and Margie Fritts, Butler; Kay's brother, Glenn Head, Wentzville and her mother, Virginia Head, Novelty.

     The President introduced to the Senate, Congresswoman Karen McCarthy, Kansas City.

     Senator Melton introduced to the Senate, the Physician of the Day, Larry Huffman, M.D., Branson.

     Senator Sims introduced to the Senate, Dr. Sharon Tiefenbrunn, Dr. Charles Miller and Dr. Jerry Aunberg, St. Louis.

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