Journal of the Senate

SECOND REGULAR SESSION


FORTY-EIGHTH DAY--MONDAY, APRIL 1, 1996


     The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we are thankful for the life of Jesus, for His teachings, for His ministry to the needs of others and for the example He set for us all. We pray that our life might also be an example for others to follow. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, March 28, 1996, was read and approved.

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

Present--Senators
BanksCaskeyClayEhlmann
FlotronGoodeGravesHouse
HowardKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Absent with leave--Senators
BentleyCurlsDePascoJohnson
Scott--5
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Rohrbach offered Senate Resolution No. 1096, regarding the Farm Bureau Town and Country Insurance Company of Missouri, which was adopted.

     Senator Lybyer offered Senate Resolution No. 1097, regarding Sharon Rees, Houston, which was adopted.

     Senator Lybyer offered Senate Resolution No. 1098, regarding Diana Vandiver, Houston, which was adopted.

     Senator Howard offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1099

     WHEREAS, the members of the Missouri Senate are very proud to recognize a high school athletic program which has compiled a particularly illustrious record of achievement: the Richland R-I High School Boys Varsity Basketball Team; and

     WHEREAS, the Richland Rebels Basketball Team recently brought a great deal of honor and distinction to its school and community by capturing the Missouri State Class 1A High School Basketball Championship with an impressive 72-54 victory over the Lockwood Tigers; and

     WHEREAS, this meritorious achievement culminated a tremendously successful 1995-96 season for the Rebels, one that was marked by an overall record of thirty-one wins and only two losses; and

     WHEREAS, en route to the state title, the Rebels aptly demonstrated their championship caliber while earning distinction as Stoddard County Tournament Champions, Stoddard County Conference Champions, and Class 1A District Champions; and

     WHEREAS, the Rebels gave their many avid fans ample reason to cheer this past season under the excellent leadership of Head Coach Doyle Pitts, who was named Class 1A Coach of the Year, and Assistant Coaches Troy Bollinger and Larry Gisi; and

     WHEREAS, few athletes possess the skill and determination of these Richland basketball players, who are Shaun Cole, Shannon Woods, Ed Kellum, Ben Eaton, Moses Grayson, Steve Thompson, Sam Weaver, Michael Walls, Tony Herrion, Kurt Kelley, Jeremy Conner, Eric Blair, Earnest Bonner, Jamie Pitts, and Nathan Everly; and

     WHEREAS, this legislative body is proud to acknowledge all those dedicated individuals who have contributed to the success of this outstanding 1995-96 Richland basketball program, including Terry Blair, Scorekeeper; Trey Ackman, OER; Christy Weaver and Linda Newman, Statisticians; Tabatha Mims, Video Camera Operator; Sherome Cole and Zach Petty, Managers; Karen Galloway, Cheerleading Sponsor; Karen Galloway, Pat Crane, and Nora Fuchs, Pep Club Sponsors; and cheerleaders Teletia Cole, Tina Blair, Amanda Marshall, Jill Roberts, Sarah Keller, Marissa Mayberry, Jodie Cooper, Melissa Blair, Glenna McMullin, Cristi Corlew, Deidre Brown, and Lindsey Heiskell:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, hereby join unanimously in commending all the dedicated coaches and members of the Richland Rebels Basketball organization upon the completion of a truly impressive season, and further extend to them our very best wishes for continued success; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the 1995-96 Richland R-I High School Boys Basketball Team.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 500; SB 525; and SB 898, 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 Wiggins, Chairman of the Committee on State Budget Control, submitted the following reports:

     Mr. President: Your Committee on State Budget Control, to which were referred SS for SS for SB 488; SCS for SB 640; SB 669; and SB 782, begs leave to report that it has considered the same and recommends that the bills do pass.

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

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1001, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 1002, 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 Appropriations, to which was referred HCS for HB 1003, 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 Appropriations, to which was referred HCS for HB 1004, 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 Appropriations, to which was referred HCS for HB 1005, 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 Appropriations, to which was referred HCS for HB 1006, 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 Appropriations, to which was referred HCS for HB 1007, 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 Appropriations, to which was referred HCS for HB 1008, 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 Appropriations, to which was referred HCS for HB 1009, 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 Appropriations, to which was referred HCS for HB 1010, 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 Appropriations, to which was referred HCS for HB 1011, 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 Appropriations, to which was referred HCS for HB 1012, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

BILLS DELIVERED TO THE GOVERNOR

     CCS for HS for SCS for SB 735, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

SENATE BILLS FOR PERFECTION

     Senator Lybyer moved that SB 759, with SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 1 was again taken up.

     Senator Kenney offered SPA 1 to SA 1, which was read:

SENATE PERFECTING AMENDMENT NO. 1

TO SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Committee Substitute for Senate Bill No. 759, Line 7, by inserting after the word "act" the following: ". This provision shall remain in effect".

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

     SA 1, as amended, was again taken up.

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

     Senator Melton offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for Senate Bill No. 759, Page 9, Section 375.1257, Lines 71-72, by striking: "and the challenge is not frivolous in the judgment of the director"; and

     Further amend said section on line 73, by striking the word: "insurer's"; and

     Further amend said section, page 8 on lines 66 and 67, by deleting: "and the challenge is not frivolous in the judgment of the director,".

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

     Senator Lybyer moved that SCS for SB 759, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for SB 759, as amended, was declared perfected and ordered printed.

     Senator House moved that SB 534 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     Senator Clay requested a roll call vote be taken on the perfection of SB 534 and was joined in his request by Senators Caskey, Flotron, Kinder and Russell.

     Senator Russell offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 534, Page 1, Section 1.4, Line 14, by deleting the word "fifty" on line 14 and insert in lieu thereof the word "one".

     Senator Russell moved that the above amendment be adopted.

     President Wilson assumed the Chair.

     Senator Quick assumed the Chair.

     Senator Flotron offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 534, Page 1, Section 1.1, Line 14, by striking "more than fifty percent"; and inserting in lieu thereof the following: "one or more persons".

     Senator Flotron moved that the above substitute amendment be adopted.

     At the request of Senator Flotron, SSA 1 for SA 1 was withdrawn.

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

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 534, Page 1, Section 1.1, Line 14, by striking "more than fifty percent"; and inserting in lieu thereof the following: "one or more persons"; and

     Further amend said bill, lines 5 through 9, by striking them and inserting in lieu thereof the following:

     "(2) "Employer" the state of Missouri or one of its political subdivisions;"; and further strike the last sentence on page 2.

     Senator Flotron moved that the above substitute amendment be adopted.

     Senator Clay assumed the Chair.

     At the request of Senator House, SB 534, with SA 1 and SSA 2 for SA 1 (pending), was placed on the Informal Calendar.

     Senator Schneider moved that SB 869, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SB 869, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 869

     An Act to repeal sections 14.040, 56.310, 56.765, 57.280, 57.290, 57.300, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 210.160, 210.842, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.420, 473.618, 474.510, 476.053, 479.260, 479.261, 482.345, 483.015, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.040, 485.055, 485.060, 485.075, 485.100, 485.120, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 506.140, 506.320, 508.200, 508.210, 508.220, 508.230, 511.510, 514.010, 514.020, 514.290, 514.300, 514.303, 514.320, 514.330, 514.335, 514.440, 514.450, 514.460, 514.470, 514.475, 514.480, 514.490, 517.151, 550.260, 550.300, 561.035, 590.140 and 595.045, RSMo 1994, and sections 302.137, 478.401, 483.083 and 487.170, RSMo Supp. 1995, relating to the assessment, collection, disbursement and expenditure of moneys in judicial proceedings, and to enact in lieu thereof seventy-seven new sections relating to the same subject, with penalty provisions and an effective date for certain sections.

     Was taken up.

     Senator Schneider moved that SCS for SB 869 be adopted.

     Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 869, Page 5, Section 57.280, Lines 1-2 by striking both of said lines and inserting in lieu thereof the following:

     "57.280. 1. [Fees of] Sheriffs shall [be allowed] receive a charge for [their services as follows:"; and

     Further amend said bill and section, pages 7-8, lines 87-93, by striking all of said lines and inserting in lieu thereof the following: "request such an attendance] service of any summons, writ, subpoena or other order of court, in connection with any civil case, and making on the same either a return indicating service, a non est return or a nulla bona return, the sum of twenty dollars for each item to be served, except that no such charge shall be collected in any proceeding when court costs are to be paid by the state, county or municipality. In addition to such charge, the sheriff shall be entitled to collect and receive for each mile actually traveled in serving any summons, writ, subpoena or other order of court, the rate prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an amount per mile, provided that such mileage shall not be charged for more than one subpoena or summons or other writ served in the same cause on the same trip. All of such charges shall be charged and collected by the sheriff who is requested to perform the service. Except as otherwise provided by law, all charges made pursuant to this section are payable prior to the time the service is rendered; provided that if the amount of such charge cannot be readily determined, then the sheriff shall collect a deposit based upon the likely amount of such charge, and the balance of such charge shall be payable immediately upon ascertainment of the proper amount of said charge. A sheriff may refuse to perform any service in any action or proceeding, other than when court costs are waived as provided by law, until the charge provided by this section is paid. Failure to collect the charge shall not affect the validity of the service.

     2. The sheriff shall collect for receiving and paying moneys on execution or other process, where lands or goods have been levied and advertised and sold, five percent on five hundred dollars and four percent on all sums above five hundred dollars, and half of these sums, when the money is paid to the sheriff without a levy, or where the lands or goods levied on shall not be sold and the money is paid to the sheriff or person entitled thereto, his agent or attorney. The party at whose application any writ, execution, subpoena or other process has issued from the supreme court shall cause the same to be returned without charge unless the court shall, for special reasons, order the personal attendance of the sheriff, in which case he shall be allowed for each mile, going and returning from the courthouse of the county in which he resides to the place where the court is held, the rate prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an amount per mile.

     3. The"; and

     Further amend said bill and section, page 8, lines 96-97, by striking the words "city not within a"; and further amend said bill, page and section, line 100, by striking the word "department" and inserting in lieu thereof the word "office"; and further amend said bill, page and section, line 102, by striking the words "drawn upon by" and inserting in lieu thereof the words "expended at the discretion of"; and further amend said bill, page and section, line 107, by striking the words "any city not within a" and inserting in lieu thereof the word "the"; and further amend said bill and section, pages 8-9, lines 109-126, by striking all of said line 109 after the word "sheriff's" on said line and by striking all of said lines 110-126, and by inserting in lieu thereof the word "office."; and

     Further amend said bill, section 57.290, page 10, line 32, by striking the word "fees" from said line and inserting in lieu thereof the word "charges"; and

     Further amend said bill, page 18, section 210.842, line 12, by inserting immediately after said line the following:

     "302.020. 1. Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by section 302.080, to:

     (1) Operate any vehicle upon any highway in this state unless the person has a valid license;

     (2) Operate a motorcycle or motortricycle upon any highway of this state unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the director. The director may indicate such upon a valid license issued to such person, or shall issue a license restricting the applicant to the operation of a motorcycle or motortricycle if the actual demonstration, required by section 302.173, is conducted on such vehicle;

     (3) Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;

     (4) Operate a motor vehicle with an instruction permit or license issued to another person.

     2. Every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, RSMo, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the director.

     3. Notwithstanding the provisions of section 302.340, violation of subsection 1 of this section shall be deemed a class C misdemeanor and the penalty for failure to wear protective headgear as required by subsection 2 of this section shall be deemed an infraction for which a fine not to exceed twenty-five dollars may be imposed. [Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation.] No points shall be assessed pursuant to section 302.302 for a failure to wear such protective headgear."; and

     Further amend said bill, page 48, section 485.040, lines 5-6, by striking the words "the circuit judges of the circuit court shall appoint all court reporters for the circuit" and inserting in lieu thereof the words "each circuit judge may appoint an official court reporter"; and

     Further amend said bill, section and page, line 12, by striking the words "judges of the circuit" and inserting in lieu thereof the word "judge"; and

     Further amend said bill, page 53, section 490.130, lines 14-15, by striking the words ", in the manner provided by supreme court rule"; and

     Further amend said bill, page 63, section 514.015, line 123, by inserting after the word "party," on said line the words "if the court is able to provide sufficient identifying information regarding the defaulting party," and

     Further amend said bill, page 78, section 1, line 42, by inserting after the word "RSMo" on said line the words ", and for purposes of imposing any collateral consequence of a criminal conviction provided by law"; and

     Further amend said bill, page and section, line 52, by striking the words "clerk of the court" and inserting in lieu thereof the word "prosecutor"; and

     Further amend said bill, page and section, line 54, by inserting immediately after the word "clerk" on said line the words "of the court in which the case is to be heard" and

     Further amend said bill, page and section, lines 56-57, by striking all of said line 56 after the word "the" on said line and all of said line 57, and inserting in lieu thereof the words: "commencement of any proceedings by the prosecutor with respect to the notice of violation." and

     Further amend said bill, page and section, lines 58-61, by striking from line 58 the word "a" and all of said lines 59-61 and inserting in lieu thereof the word "any"; and

     Further amend said bill, page and section, lines 64-66, by striking all of said lines; and further renumber subdivisions (2) and (3) of subsection 6 of said section accordingly; and

     Further amend the title and enacting clause of said bill accordingly.

     Senator Schneider moved that the above amendment be adopted.

     Senator Caskey offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT 1

Amend Senate Committee Substitute for Senate Bill No. 869, Page 5, Section 57.280, Line 1 by striking the opening bracket "[" and closing bracket "]"; and the bold-faced print on said line; and further amend line 2, by striking the opening bracket "["; and

     Further amend said bill and section, pages 7-8, by striking the closing bracket "]" on line 87 and all of the bold-faced print on lines 87-93; and further amend line 94, by striking all of said lines and inserting in lieu thereof the following: "sheriff upon the collection of the fees herein provided"; and further amend line 95, by striking the opening bracket "[" and closing bracket "]" and the word "charges"; and further amend lines 100-101, by striking the opening bracket "[" and closing bracket "]" as they appear twice on said lines and further by striking "in a fund" on line 101; and further amend line 103, by striking the opening bracket "["; and further amend line 104, by striking the closing bracket "]".

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

     SA 1 was again taken up.

     Senator Caskey offered SSA 2 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 2 FOR SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 869, Pages 48- 49, Section 485.040, Lines 1-19 by removing all of said section; and

     Further amend said bill, page 49, section 485.055, lines 1-32, by removing all of said section; and

     Further amend said bill, pages 49-50, section 485.060, lines 1-12, by removing all of said section; and

     Further amend said bill, page 50, section 485.075, lines 1-11, by removing all of said section; and

     Further amend said bill, pages 50-51, section 485.100, lines 1-24, by removing all of said section; and

     Further amend said bill, page 51, section 485.120, lines 1-8, by removing all of said section; and

     Further amend said bill, page 51, section 485.130, lines 1-5, by removing all of said section; and

     Further amend said bill, page 51, section 485.150, lines 1-5, by removing all of said section; and

     Further amend the title and enacting clause accordingly.

     Senator Caskey moved that the above substitute amendment be adopted.

     Senator Schneider raised the point of order that SSA 2 for SA 1 is out of order in that the subject matter of the substitute amendment is irrelevant to the subject matter of the original amendment.

     At the request of Senator Schneider, SB 869, with SCS, SA 1, SSA 2 for SA 1 and the point of order (pending), was placed on the Informal Calendar.

MESSAGES FROM THE GOVERNOR

     The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 28, 1996

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:

     Stanley R. Cowan, 8017 Roy-L, Centertown, Cole County, Missouri 65203, as a member of the Well Installation Board, for a term ending February 24, 1998, and until his successor is duly appointed and qualified; vice, RSMo 256.605.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 28, 1996

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:

     Thomas J. Downey, Democrat, 2103 W. Main, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Family Trust Board of Trustees, for a term ending October 25, 1997, and until his successor is duly appointed and qualified; vice, Kathleen Marafino, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 28, 1996

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:

     John B. Heskett, Jr., Ed. D., 2718 Kenwood, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1997, and until his successor is duly appointed and qualified; vice, John F. Allan, Ed.D., resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 28, 1996

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:

     Lea Levee, 1127 Monroe Street, Jefferson City, Cole County, Missouri 65101, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1996, and until her successor is duly appointed and qualified; vice, Sherry Anderson, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 28, 1996

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 M. Wehmeyer Price, 4024 Frederick, St. Joseph, Andrew County, Missouri 64506, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1998, and until her successor is duly appointed and qualified; vice, Robert G. Frank, Ph.D., resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 28, 1996

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:

     Joye G. McElwee, Republican, 10635 N. Farm Road 173, Fair Grove, Greene County, Missouri 65648, as a member of the Missouri Emergency Response Commission, for a term ending December 15, 1998, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 28, 1996

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:

     William R. Thomas, Democrat, 1640 E. Grand, Springfield, Greene County, Missouri 65804, as a member of the Air Conservation Commission, for a term ending October 13, 1997, and until his successor is duly appointed and qualified; vice, William Clark, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

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

RESOLUTIONS

     Senator Westfall offered Senate Resolution No. 1100, regarding the death of Ann Hacker, Bolivar, which was adopted.

     Senator Westfall offered Senate Resolution No. 1101, regarding the death of Doris B. Winfield, Bolivar, which was adopted.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

March 29, 1996

TO THE SECRETARY OF THE SENATE

88TH GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

     Herewith I return to you Conference Committee Substitute for House Substitute for Senate Committee Substitute for Senate Bill No. 735 entitled:

     "AN ACT"

To repeal section 72.418, RSMo Supp. 1995, relating to fire protection district elections, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause for certain sections.

     On March 29, 1996, I approved said Conference Committee Substitute for House Substitute for Senate Committee Substitute for Senate Bill No. 735.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 1, 1996

TO THE SECRETARY OF THE SENATE

88TH GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

     Herewith I return to you Senate Committee Substitute for Senate Bill No. 540 entitled:

     "AN ACT"

To repeal sections 31.040, 192.010, 199.010, 199.020, 199.025, 199.037, 199.210, 199.230, 199.240, 199.250, and 199.260, RSMo 1994, and sections 31.010 and 199.029, RSMo Supp. 1995, relating to the Missouri rehabilitation center, and to enact in lieu thereof twenty new sections relating to the same subject, with a contingent termination date for certain sections and an emergency clause.

     On April 1, 1996, I approved said Senate Committee Substitute for Senate Bill No. 540.

Respectfully submitted,

MEL CARNAHAN

Governor

INTRODUCTIONS OF GUESTS

     Senator Schneider introduced to the Senate, sixty seventh grade students from St. Angela Merici, Florissant; and Sidney Russell, Lindsay Neuner, Lisa Otten and Katie Eddington were made honorary pages.

     Senator Wiggins introduced to the Senate, William Joshua Cox, Fayette.

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