Senate Journal - Thirty-Seventh Day - Wednesday, March 6, 1996

Journal of the Senate

SECOND REGULAR SESSION

THIRTY-SEVENTH DAY--WEDNESDAY, MARCH 6, 1996

The Senate met pursuant to adjournment.

President Pro Tem Mathewson in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, we have a perception of ourselves which is often quite different from the perception that others have of us. We are most concerned about the perception that You have of us. Help us to live in such a way that we are the kind of people You would have us to be. 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.

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 Scott
Sims Staples Treppler Westfall
Wiggins--33

Absent with leave--Senator Singleton--1

The Lieutenant Governor was present.

RESOLUTIONS

Senator Schneider offered Senate Resolution No. 966, regarding Patrick J. "Pat" Richards, which was adopted.

Senator Mathewson offered Senate Resolution No. 967, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Van Gorrell Jones, Sedalia, which was adopted.

Senator Flotron offered the following resolution:

SENATE RESOLUTION NO. 968

NOTICE OF PROPOSED RULE CHANGE

Notice is hereby given by the Senator from the 7th District of the one day Notice required by Rule 97 of intent to put a Motion to Adopt the Following Rule change:

"Rule 102. A member, officer or employee of the Senate shall not accept meals, food, beverage or other gift, from a Legislative lobbyist as defined in paragraph (a) of subdivision (3) of subsection 1 of section 105.470, RSMo, or the lobbyist principal of such lobbyist[, except as provided in this rule]. This rule shall not apply to:

(1) Any single item accepted from a lobbyist or a lobbyist principal identified in this rule of a value of less than fifty dollars;

(2) [Any] All items accepted by any member, officer or employee in any calendar year from [a lobbyist] lobbyists or lobbyist [principal] principals identified in this rule which are of a value of less than one hundred dollars in the aggregate;

(3) The participation of members, officers and [staff] employees in activities authorized in paragraph (c) of subdivision (2) of subsection 4 of section 105.470, RSMo, regardless of the aggregate value; except that for the purposes of this rule, the Senate Committee on Ethics shall determine the minimum size of an approved caucus; or

(4) The participation in seminars or meetings of national or regional associations when such participation and activities have been requested in writing and approved in advance by the Committee on Administration.

The provisions of this rule may be satisfied by reimbursing said lobbyist or lobbyist principal within thirty days of a report pursuant to paragraph [(c)] (b) of subdivision (2) of subsection 4 of section 105.470, RSMo.

This rule shall not prevent any member from accepting meals, food or beverage or other gifts to be used for charitable purposes, as defined by law, and which are not consumed or used for the personal benefit of the member.

This rule shall become effective March 18, 1996.".

Senator Howard offered the following resolution, which was adopted:

SENATE RESOLUTION NO.969

WHEREAS, it is with sincere appreciation and genuine respect that the members of the Missouri Senate pause to honor one of this state's outstanding public servants; and

WHEREAS, Leon Ward is being lauded by this legislative body and the Missouri Division of Family Services for forty years of unparalleled service to the children and families of this state, an accomplishment for which a celebration will be held on March 22, 1996, at the Holiday Inn in Poplar Bluff; and

WHEREAS, since beginning his career on March 12, 1956, as a Caseworker I in Stoddard County, Leon Ward had held a variety of important positions, including County Director I for Iron County, County Director II and County Director III for Stoddard County, and Assistant Area Director for the Area 3 Office in Dexter; and

WHEREAS, Leon Ward is known, respected, and admired by his superiors and peers for his leadership and mentoring skills, attributes which have resulted in well-deserved promotions for subordinates to administrative positions within the agency; and

WHEREAS, Leon Ward enjoys an enviable reputation for delivering a high level of quality service to the families and children in the counties he serves, an endeavor which has profoundly affected the overall value of life for generations of families; and

WHEREAS, a veteran of the United States Armed Forces, Leon Ward enjoys gardening, spending time with his wife, June, and watching their family traditions be passed on to their wonderful children and delightful grandchildren;

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, unanimously join to express our most sincere gratitude for the forty years of honorable service that Leon Ward has rendered to this state, and to wish him continued success in his ongoing mission of making life fuller and more meaningful for his fellowmen; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Leon Ward.

President Wilson assumed the Chair.

REFERRALS

President Pro Tem Mathewson referred SB 611, with SCA 1, to the Committee on State Budget Control.

HOUSE BILLS ON SECOND READING

The following Bill was read the 2nd time and referred to the Committee indicated:

HCS for HB 1259--Civil and Criminal Jurisprudence.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 497 and SB 661, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

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

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 955, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 929, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 970, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

Senator DePasco moved that SB 643 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator DePasco offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 643, Page 1, Section 617.001, Line 16, by inserting immediately after "RSMo." the following: "Appropriations for the department of aging shall be determined in the same appropriations bill as the department of social services.

617.002. The following terms, whenever used in chapter 617, mean:

(1) "Department of aging", the state agency primarily charged with administering and coordinating programs relating to older persons;

(2) "Division of family services", the division within the department of social services primarily charged with determining eligibility for state or federally funded medical assistance;

(3) "Division of medical services", the division within the department of social services primarily charged with determining coverage and payment for state or federally funded medical assistance;

(4) "Older person", individuals sixty years of age or older."; and

Further amend said bill, page 2, section 617.007, line 5, by inserting immediately after said line, the following:

"617.009. 1. The department of aging, the department of social services, the department of health and the department of mental health shall develop a unified service delivery system, which includes but is not limited to a single application form to be used by these same state departments for programs meeting older persons' medical and health needs.

2. The application form and any subsequent unified service delivery mechanism shall be used by the department of aging, the department of social services, the department of health and the department of mental health in order to provide a single point of entry for serving the medical and health needs of older persons.

3. The department of aging, the department of social services, the department of health, the department of mental health, the division of family services and the division of medical services shall develop agreements and protocols for sharing application forms and information and for ensuring the timely processing of all applications by the appropriate agency."; and

Further amend the title and enacting clause accordingly.

Senator DePasco moved that the above amendment be adopted.

Senator Quick assumed the Chair.

Senator Maxwell was recognized to interrogate Senator Kenney.

Senator House raised the point of order that the debate between Senators Maxwell and Kenney was out of order in that it was not germane to the subject matter of the pending amendment.

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

Senator Johnson assumed the Chair.

Senator DePasco moved that SA 1 be adopted, which motion prevailed.

President Wilson resumed the Chair.

Senator DePasco moved that SB 643, as amended, be declared perfected and ordered printed.

Senator Caskey requested a roll call vote be taken on the perfection of SB 643, as amended, and was joined in his request by Senators House, Kinder, Melton and Wiggins.

SB 643, as amended, was declared perfected and ordered printed by the following vote:

Yeas--Senators
Banks Caskey Clay Curls
DePasco Flotron Goode House
Howard Johnson Lybyer Mathewson
Maxwell McKenna Moseley Mueller
Quick Russell Schneider Scott
Staples Treppler Wiggins--23

Nays--Senators
Ehlmann Graves Kenney Kinder
Klarich Melton Rohrbach Sims
Westfall--9

Absent--Senators Bentley--1

Absent with leave--Senator Singleton--1

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SS for SB 560, 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.

MESSAGES FROM THE HOUSE

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 adopted SCR 23.

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

RECESS

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SS for SCS for SB 494, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

Senator Wiggins, Chairman of the Committee on State Budget Control, submitted the following report:

Mr. President: Your Committee on State Budget Control, to which was referred SCS for SB 657, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 945, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 943, 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 Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following reports:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 916, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 703, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

Senators Wiggins, Mathewson, Caskey, Rohrbach, Russell, DePasco, Westfall, joined by the entire membership of the Senate, offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 970

WHEREAS, the Members of the Missouri Senate are deeply saddened to learn that Representative James A. Barnes, 49th District, has resigned from the Missouri House of Representatives effective February 29, 1996; and

WHEREAS, Representative Barnes, a native of Kansas City, was elected to the House in 1978, representing a District in Raytown; and

WHEREAS, Representative Barnes, served with great distinction in the Missouri House for 17 years, holding many positions of honor and leadership; and

WHEREAS, Representative Barnes served as Vice Chairman of the Committee on Accounts, Operations and Finance, Vice Chairman of the Committee on Rules, Joint Rules, Bills Perfected and Printed, and as a Member of Miscellaneous Bills and Resolutions; and

WHEREAS, Representative Barnes was elected Assistant Majority Floor Leader for the 83rd, 84th, and 85th General Assemblies, and received the high honor of being elected as Speaker Pro-tem for the 86th, 87th and 88th General Assemblies and became an Ex-Officio member of all House committees; and

WHEREAS, Representative Barnes is a graduate of Penn Valley Community College and received an A.B. Degree from Rockhurst College and then an M.A. Degree from Webster University; and

WHEREAS, Representative Barnes is a member of Alpha Sigma Nu, the National Jesuit Honor Society, Rotary International, Governor's Council on Health and Physical Fitness, Board of Directors of Crittenton Center and was awarded an Honorary Doctor of Laws Degree by Webster University; and

WHEREAS, Representative Barnes provided distinguished legislative leadership in the highest traditions of Democratic Representative Government for Raytown, Kansas City, Jackson County and the State of Missouri;

NOW THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the outstanding legislative career of Representative James A. Barnes, 49th District, and to the people of Missouri; and extend to Representative Barnes, and his family, best wishes for many long years continued good health and happiness.

HOUSE BILLS ON THIRD READING

HB 846, with SCA 1, introduced by Representative Koller, entitled:

An Act to repeal sections 105.483 and 105.487, RSMo 1994, relating to public officers and employees, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up by Senator Staples.

SCA 1 was taken up.

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

On motion of Senator Staples, HB 846, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Caskey Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Sims Staples
Treppler Westfall Wiggins--27

Nays--Senators--None

Absent--Senators
Banks Bentley Curls Lybyer
Schneider--5

Absent with leave--Senators
Scott Singleton--2

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

Yeas--Senators
Bentley Caskey Clay DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Sims Staples Treppler Westfall
Wiggins--29

Nays--Senators--None

Absent--Senators
Banks Curls Schneider--3

Absent with leave--Senators
Scott Singleton--2

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

Senator Wiggins assumed the Chair.

SCS for SB 569, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 569

An Act to repeal sections 210.150, 210.152 and 210.183, RSMo 1994, relating to reports of child abuse or neglect, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up by Senator Howard.

On motion of Senator Howard, SCS for SB 569 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Staples Treppler
Westfall Wiggins--30

Nays--Senator Bentley--1

Absent--Senators--None

Absent with leave--Senators
Johnson Scott Singleton--3

The President declared the bill passed.

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

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

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

SCS for SBs 613 and 714, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 613 and 714

An Act to amend chapter 392, RSMo, by adding one new section relating to cable television services to occupants of certain properties.

Was taken up by Senator Ehlmann.

On motion of Senator Ehlmann, SCS for SBs 613 and 714 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Kenney
Kinder Lybyer Mathewson Maxwell
McKenna Melton Moseley Mueller
Quick Russell Schneider Sims
Staples Treppler Westfall Wiggins--28

Nays--Senators
Howard Klarich Rohrbach--3

Absent--Senators--None

Absent with leave--Senators
Johnson Scott Singleton--3

The President declared the bill passed.

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

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

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

SB 676, introduced by Senator Quick, entitled:

An Act to repeal sections 96.196, 205.160, 205.190, 206.110 and 206.157, RSMo 1994, relating to the powers of governmental hospitals to offer, and to enact five new sections relating to the same subject.

Was taken up.

On motion of Senator Quick, SB 676 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
Johnson Scott Singleton--3

The President declared the bill passed.

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

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

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

SJR 29, introduced by Senator Maxwell, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 27 of article VI of the constitution of Missouri relating to joint municipal utility commission revenue bonds, and adopting one new section in lieu thereof relating to the same subject.

Was taken up.

On motion of Senator Maxwell, SJR 29 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Rohrbach Russell
Schneider Sims Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Quick--1

Absent with leave--Senators
Johnson Scott Singleton--3

The President declared the bill passed.

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

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

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

SCS for SB 657 was called from the Consent Calendar and taken up by Senator Westfall.

On motion of Senator Westfall, SCS for SB 657, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Mathewson--1

Absent with leave--Senators
Johnson Scott Singleton--3

The President declared the bill passed.

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

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

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

Senator Quick resumed the Chair.

SB 530, introduced by Senators McKenna and Goode, entitled:

An Act to repeal section 190.145, RSMo 1994, relating to ambulance operators, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was called from the Consent Calendar and taken up by Senator McKenna.

On motion of Senator McKenna, SB 530 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Sims Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Schneider--1

Absent with leave--Senators
Johnson Scott Singleton--3

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

President Pro Tem Mathewson resumed the Chair.

CONFERENCE COMMITTEE REPORTS

Senator Staples moved that the Conference Committee Report on SS No. 2 for SS for HB 1047 be again taken up for adoption, which motion prevailed.

Senator Staples moved that the Conference Committee Report on SS No. 2 for SS for HB 1047 be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Staples Treppler
Westfall Wiggins--30

Nays--Senator Howard--1

Absent--Senators--None

Absent with leave--Senators
Johnson Scott Singleton--3

On motion of Senator Staples, CCS for SS No. 2 for SS for HB 1047, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR SENATE SUBSTITUTE NO. 2 FOR

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 1047

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, 304.150, 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-four new sections relating to the same subject, with penalty provisions and with an emergency clause for certain sections.

Was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Kenney
Kinder Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Sims
Staples Treppler Westfall Wiggins--28

Nays--Senators
Howard Klarich--2

Absent--Senator Lybyer--1

Absent with leave--Senators
Johnson Scott Singleton--3

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

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.

SB 876, introduced by Senator Treppler, entitled:

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

Was called from the Consent Calendar and taken up.

On motion of Senator Treppler, SB 876 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senators
Johnson Scott Singleton--3

The President Pro Tem declared the bill passed.

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

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

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

SB 874, introduced by Senator Moseley, entitled:

An Act to repeal section 320.094, RSMo Supp. 1995, relating to the Missouri fire education trust fund, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Moseley, SB 874 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senators
Johnson Scott Singleton--3

The President Pro Tem declared the bill passed.

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

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

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

SB 811, introduced by Senator Goode, entitled:

An Act to repeal section 80.110, RSMo 1994, relating to the adoption of ordinances in villages, and to enact one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Goode, SB 811 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senators
Johnson Scott Singleton--3

The President Pro Tem declared the bill passed.

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

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

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

SB 598, with SCS, introduced by Senator McKenna, entitled:

An Act to repeal sections 115.124 and 247.180, RSMo 1994, relating to public water supply districts, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 598, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 598

An Act to repeal sections 115.124 and 247.180, RSMo 1994, relating to public water supply districts, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator McKenna moved that SCS for SB 598 be adopted, which motion prevailed.

On motion of Senator McKenna, SCS for SB 598 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senators
Johnson Scott Singleton--3

The President Pro Tem declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Ways and Means, to which was referred SB 888, 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 Clay, Chairman of the Committee on Labor and Industrial Relations, submitted the following report:

Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 868, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 868, Page 1, Section 287.210, Line 3, by inserting immediately after "insurer," the following: "the state through the central accident reporting office or the second injury fund or its legal counsel,".

SENATE BILLS FOR PERFECTION

Senator Moseley moved that SB 572 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

Senator Wiggins resumed the Chair.

Senator Caskey offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 572, Page 1, Section 160.051, Line 6, by deleting "July" on said line and inserting in lieu thereof the word "September".

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

Senator Caskey offered SA 2, which was read:

SENATE AMENDMENT NO. 2 Amend Senate Bill No. 572, Page 1, Section 160.051, Line 6, by deleting "July" on said line and inserting in lieu thereof the word "August".

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

Senator Treppler offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Bill No. 572, Page 3, Section 160.053, Line 50, by inserting immediately after said line, the following:

"171.031. 1. Each school board shall prepare annually a calendar for the school term, specifying the opening date and providing a minimum term of at least one hundred seventy-four days and one thousand forty-four hours of actual pupil attendance. The opening date shall not be earlier than the [first] fifteenth day of [September] August, except[:

(1) If the first day of September falls on Labor Day or a Saturday or Sunday, the school board in any school district may move the starting day for that term to a subsequent school day;

(2)] In school districts in which schools are in session for twelve months of each calendar year[; and

(3) In school districts in which the school board determines students are needed for agricultural production purposes].

2. No school day shall be longer than seven hours except for vocational schools which may adopt an eight-hour day in a metropolitan school district and a school district in a [first class] county [adjacent to a city not within a county] of the first classification with a charter form of government and a population in excess of nine hundred thousand persons."; and

Further amend the title and enacting clause accordingly.

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

Senator Moseley moved that SB 572, as amended, be declared perfected and ordered printed.

MESSAGES FROM THE HOUSE 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 HB 986, entitled:

An Act to repeal section 302.272, RSMo, 1994, relating to school bus operator permits, and to enact in lieu thereof one new section relating to the same subject.