The Senate met pursuant to adjournment.

     Senator Wiggins in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we are thankful that most of the time what is best for the people is best for us also. We pray for those times when it is not easy to do the right thing. Give us the courage to make the right decisions. 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
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--32
	Absent with leave--Senators
Curls	Scott--2
	The Lieutenant Governor was present.

     Senator Schneider offered Senate Resolution No. 1202, regarding Mr. Al Daprato, Bellefontaine Neighbors, which was adopted.

     Senator Schneider offered Senate Resolution No. 1203, regarding Mr. Michael Shanahan, which was adopted.

     Senator Westfall moved that the Senate refuse to concur in HCS for SCS for SB 657 and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Howard moved that SCR 26 be taken up for adoption, which motion prevailed.

     On motion of Senator Howard, SCR 26 was adopted by the following vote:

	Yeas--Senators
Bentley	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Moseley
Mueller	Rohrbach	Schneider	Sims
Staples	Westfall	Wiggins--23
	Nays--Senators
Caskey	Kenney	Melton	Russell
Singleton--5
	Absent--Senators
Banks	Clay	Quick--3
	Absent with leave--Senators
Curls	Scott	Treppler--3

     Senator Rohrbach moved that HCR 4 be taken up for adoption, which motion prevailed.

     On motion of Senator Rohrbach, HCR 4 was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Rohrbach	Russell	Schneider
Sims	Singleton	Staples	Westfall
Wiggins--29
	Nays--Senators--None
	Absent--Senators
Clay	Quick--2
	Absent with leave--Senators
Curls	Scott	Treppler--3

     Senator Bentley moved that HCR 8 be taken up for adoption, which motion prevailed.

     On motion of Senator Bentley, HCR 8 was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Westfall	Wiggins--30
	Nays--Senators--None
	Absent--Senator Clay--1
	Absent with leave--Senators
Curls	Scott	Treppler--3

     Senator Mathewson moved that SR 1076 be taken up for adoption, which motion prevailed.

     On motion of Senator Mathewson, SR 1076 was adopted.

     Senator Mathewson, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

     Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     John David Starr, as a member of the Missouri Development Finance Board;

     Also,

     John B. Heskett, Jr., Ed.D. and Lea Levee, as members of the Missouri Head Injury Advisory Council;

     Also,

     Thomas J. Downey, as a member of the Missouri Family Trust Board of Trustees;

     Also,

     Stanley R. Cowan, as a member of the Well Installation Board;

     Also,

     William Hayden Creech, Jr., as a member of the Missouri Housing Development Commission;

     Also,

     Joye G. McElwee, as a member of the Missouri Emergency Response Commission;

     Also,

     Dean Eugene Freeman, as a member of the Dam and Reservoir Safety Council.

     Senator Mathewson requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator Mathewson moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

     President Wilson assumed the Chair.

     Senator Wiggins assumed the Chair.

     On behalf of Senator Wiggins, Chairman of the Committee on State Budget Control, Senator Mathewson submitted the following reports:

     Mr. President: Your Committee on State Budget Control, to which were referred HCS for HBs 904, 788 and 966, with SCS; and SCS for SBs 884 and 841, begs leave to report that it has considered the same and recommends that the bills do pass.

     SCS for SBs 884 and 841, entitled:

     An Act to repeal sections 630.110, 630.115, 630.125, 630.140, 630.155, 630.160, 630.165, 630.167, 630.168, 630.170, 630.175, 630.192, 630.200, 631.110, 631.115, 631.120, 631.135, 631.140, 631.145, 631.150, 631.165, 632.005, 632.300, 632.305, 632.330, 632.335, 632.340, 632.345, 632.350, 632.355, 632.360, 632.365, 632.370, 632.375, 632.380, 632.390, 632.400, 632.410, 632.415, 632.440, 632.455, 633.125 and 633.160, RSMo 1994, and section 630.005, RSMo Supp. 1995, relating to mental health and to enact in lieu thereof fifty-two new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Moseley.

     On motion of Senator Moseley, SCS for SBs 884 and 841 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	DePasco	Ehlmann
Flotron	Goode	House	Howard
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Moseley	Mueller
Quick	Rohrbach	Schneider	Sims
Singleton	Staples	Westfall	Wiggins--24
	Nays--Senators
Caskey	Kenney	Russell--3
	Absent--Senators
Clay	Graves	Johnson	Melton--4
	Absent with leave--Senators
Curls	Scott	Treppler--3

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

     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, after examination of HB 1533, with Senate Committee Substitute, respectfully requests that it be removed from the Senate Consent Calendar in accordance with the provisions of Senate Rule 45.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, which was requested by the sponsor to consider taking Senate Bill No. 981 out of order under the provisions of Senate Rule #6, begs leave to report that it has considered the request and recommends that Senate Bill No. 981 do be considered out of order.

     Senator Banks moved that the above committee report be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Westfall	Wiggins--30
	Nays--Senators--None
	Absent--Senator Clay--1
	Absent with leave--Senators
Curls	Scott	Treppler--3

     Senator Goode moved that SB 981, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

     Senator Goode moved that the above amendment be adopted, which motion failed.

     Senator Goode offered SS for SB 981, entitled:

     An Act to repeal section 144.748, RSMo 1994, relating to use tax, and to enact in lieu thereof six new sections relating to the same subject, with an emergency clause and a termination date.

     Senator Goode moved that SS for SB 981 be adopted.

     At the request of Senator Goode, SB 981, with SS (pending), was placed on the Informal Calendar.

     Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 870, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for Senate Bill No. 870; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Bill No. 870;

     2. That the attached Conference Committee Amendment No. 1, be adopted.

     3. That the House Committee Substitute for Senate Bill No. 870, with Conference Committee Amendment No. 1, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Danny Staples      /s/ Don Koller

/s/ Bill McKenna      /s/ Ken Fiebelman

/s/ Joe Maxwell      /s/ Vicky Hartzler

/s/ Betty Sims      /s/ Jess Garnett

/s/ Morris Westfall      /s/ C. Ross

     Amend House Committee Substitute for Senate Bill No. 870, Page 3, Section A, Line 2, by striking the numeral "3" and inserting in lieu thereof the numeral "4"; and further on line 4 of section A by striking the numeral "3" and inserting in lieu thereof the numeral "4".

     Senator Staples moved that the above conference committee report be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Flotron	Goode	Graves	House
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Staples	Westfall
Wiggins--29
	Nays--Senators--None
	Absent--Senators
Clay	Ehlmann--2
	Absent with leave--Senators
Curls	Scott	Treppler--3

     On motion of Senator Staples, HCS for SB 870, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Westfall	Wiggins--30
	Nays--Senators--None
	Absent--Senator Clay--1
	Absent with leave--Senators
Curls	Scott	Treppler--3

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Westfall	Wiggins--30
	Nays--Senators--None
	Absent--Senator Clay--1
	Absent with leave--Senators
Curls	Scott	Treppler--3

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

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

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

     Senator Quick assumed the Chair.

     Senator Caskey moved that SB 605, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Caskey moved that the above amendment be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Staples	Westfall
Wiggins--29
	Nays--Senators--None
	Absent--Senators
Clay	Moseley--2
	Absent with leave--Senators
Curls	Scott	Treppler--3

     On motion of Senator Caskey, SB 605, as amended by HCA 1, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Westfall
Wiggins--29
	Nays--Senators--None
	Absent--Senators
Clay	Staples--2
	Absent with leave--Senators
Curls	Scott	Treppler--3

     The President declared the bill passed.

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

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

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

     Bill ordered enrolled.

     SS for SCS for SBs 723 and 891, introduced by Senator House, entitled:

     An Act to repeal sections 67.475, 77.140 and 99.430, RSMo 1994, sections 67.400, 67.455, 67.457, 67.459 and 67.461, RSMo Supp. 1995, relating to political subdivisions, and to enact in lieu thereof eleven new sections relating to the same subject.

     Was taken up.

     On motion of Senator House, SS for SCS for SBs 723 and 891 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Flotron	Goode
Graves	House	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Westfall	Wiggins--30
	Nays--Senators--None
	Absent--Senator Howard--1
	Absent with leave--Senators
Curls	Scott	Treppler--3

     The President declared the bill passed.

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

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

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

     Senator McKenna assumed the Chair.

     Senator Schneider moved that SS for SCS for SB 869 be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     On motion of Senator Schneider, SS for SCS for SB 869 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	House
Howard	Johnson	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Moseley
Quick	Schneider	Staples	Westfall
Wiggins--21
	Nays--Senators
Graves	Kenney	Kinder	Melton
Rohrbach	Russell	Sims	Singleton--8
	Absent--Senators
Clay	Mueller--2
	Absent with leave--Senators
Curls	Scott	Treppler--3

     The President declared the bill passed.

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

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

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

     Senator Schneider moved that SB 838, with SCS and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     At the request of Senator Schneider, SS for SCS for SB 838, as amended, was withdrawn.

     Senator Schneider offered SS No. 2 for SCS for SB 838, entitled:

     An Act to repeal sections 407.815, 407.825 and 407.835, RSMo 1994, relating to motor vehicle franchise practices, and to enact in lieu thereof eight new sections relating to the same subject.

     Senator Schneider moved that SS No. 2 for SCS for SB 838 be adopted.

     Senator Schneider offered SA 1:

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 838, Page 17, Section 407.825, Line 25 of said page, by striking "(a)" from said line; and

     Further amend said section, page 18, line 1 of said page, by striking the period "." on said line and inserting in lieu thereof the following: "; provided:"; and

     Further amend said page, line 2, by striking "(b)" and inserting in lieu thereof "(a)"; and further on line 15, by striking "(c)" and inserting in lieu thereof "(b)"; and further on line 20, by striking "(d)" and inserting in lieu thereof "(c)"; and further on line 27, by striking "(e)" and inserting in lieu thereof "(d)".

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

     President Pro Tem Mathewson assumed the Chair.

     Senator Schneider moved that SS No. 2 for SCS for SB 838, as amended, be adopted, which motion prevailed.

     On motion of Senator Schneider, SS No. 2 for SCS for SB 838, as amended, was declared perfected and ordered printed.

     Senator Wiggins offered the following resolution, which was adopted:

     WHEREAS, the members of the Missouri Senate have been pleased to take time from other duties to recognize Dennis H. Flanery, longtime Executive Manager of Jackson County Public Water Supply District No. 1; and

     WHEREAS, Mr. Flanery, of Grandview, Missouri, served Jackson County Public Water District No. 1, the oldest and largest water district in the state; and

     WHEREAS, Mr. Flanery served as the original chairman of the "Missouri Citizens for Safe Drinking Water", an ad hoc group that assisted our colleague the current Senator from the 10th District, Senator Wiggins, to create the first Missouri Safe Drinking Water legislation which was passed under the Senator's sponsorship in 1979 in connection with the 1974 Federal Safe Drinking Water Act; and

     WHEREAS, Mr. Flanery was an original member of Missouri's "Safe Drinking Water Commission" appointed by Governor Ashcroft and Governor Carnahan, confirmed unanimously both times, was the first chairman of the commission, serving two years in the capacity; and

     WHEREAS, Mr. Flanery was the first person in history to serve as the State Director for the American Water Works Association and the National Rural Water Association concurrently, initiated the Foundation for the National Water Industry Coordinating Committee bringing all of the different water industry associations to meet as a group to develop national safe drinking water legislation that would be practical and affordable for all Americans; and

     WHEREAS, Mr. Flanery served two years on the Rural Water Executive Committee as the association treasurer; and received numerous other community awards far too numerous to list in this resolution but including President of the Harry S Truman Farm Home Foundation for the past thirteen years, President of the Grandview Chamber of Commerce in 1984, Director of the Grandview Bank and Trust for eight years, Rotary Man of the Year, Who's Who in America and many others;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the outstanding community services and dedication to duty of Dennis H. Flanery, express their appreciation for his lifetime of good citizenship and his untiring and exemplary efforts to assure safe drinking water for the people of Grandview and for all Missourians, and extend to Mr. Flanery and his family not only the Senate's thanks and admiration, but very best wishes for many long years continued success, good health and happiness.

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 974, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     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 HB 1098, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

     Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 811, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Judiciary, to which was referred HB 1361, begs leave to report that it has considered the same and recommends that the bill do pass.

     On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1050, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HCS for HBs 800, 812, 817 and 821, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Transportation, to which was referred HCS for HB 991, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1, 2, 3 and 4.

     Amend House Committee Substitute for House Bill No. 991, Page 1, Section A, Line 3 by inserting immediately after said line the following:

     "94.705. 1. Any city may by a majority vote of its governing body impose a sales tax for transportation purposes enumerated in sections 94.700 to 94.755, [but no such] and issue bonds for transportation purposes which shall be retired by the revenues received from the sales tax authorized by this section. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law. No ordinance imposing a sales tax pursuant to the provisions of this section shall become effective unless the council or other governing body submits to the voters of the city, at a city or state general, primary, or special election, a proposal to authorize the council or other governing body of the city to impose such a sales tax and, if such tax is to be used to retire bonds authorized pursuant to this section, to authorize such bonds and their retirement by such tax; except that no vote shall be required in any city that imposed and collected such tax under sections 94.600 to 94.655, before January 5, 1984. The ballot of the submission shall contain, but is not limited to, the following language:

     (1) If the proposal submitted involves only authorization to impose the tax authorized by this section, the following language:

     Shall the city of ............... (city's name) impose a sales tax of .................. (insert amount) for transportation purposes?

      [ ] Yes [ ] No

     If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No"[.];

     (2) If the proposal submitted involves authorization to issue bonds and repay such bonds with revenues from the tax authorized by this section, the following language:

     Shall the city of ............... (city's name) issue bonds in the amount of ........... (insert amount) for transportation purposes and impose a sales tax of .............. (insert amount) to repay such bonds?

          [ ] YES     [ ] NO

     If you are in favor of the question place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".

If a majority of the votes cast on the proposal, provided in subdivision (1) of this subsection, by the qualified voters voting thereon are in favor of the proposal, then the ordinance and any amendments thereto shall be in effect. If the four-sevenths majority of the votes, as required by the Missouri Constitution, article VI, section 26, cast on the proposal, provided in subdivision (2) of this subsection to issue bonds and impose a sales tax to retire such bonds, by the qualified voters voting thereon are in favor of the proposal, then the ordinance and any amendments thereto shall be in effect. If a majority of the votes cast on the proposal, as provided in subdivision (1) of this subsection, by the qualified voters voting are opposed to the proposal, then the council or other governing body of the city shall have no power to impose the tax [herein] authorized in subdivision (1) of this subsection unless and until the council or other governing body of the city submits another proposal to authorize the council or other governing body of the city to impose the tax and such proposal is approved by a majority of the qualified voters voting thereon. If more than three-sevenths of the votes cast by the qualified voters voting are opposed to the proposal, as provided in subdivision (2) of this subsection to issue bonds and impose a sales tax to retire such bonds, then the council or other governing body of the city shall have no power to issue any bonds or to impose the tax authorized in subdivision (2) of this subsection unless and until the council or other governing body of the city submits another proposal to authorize the council or other governing body of the city to issue such bonds or impose the tax to retire such bonds and such proposal is approved by four-sevenths of the qualified voters voting thereon.

     2. No incorporated municipality located wholly or partially within any first class county operating under a charter form of government and having a population of over nine hundred thousand inhabitants shall impose such a sales tax for that part of the city, town or village that is located within such first class county, in the event such a first class county imposes a sales tax under the provisions of sections 94.600 to 94.655.

     3. The sales tax may be imposed at a rate not to exceed one-half of one percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within any city adopting such tax, if such property and services are subject to taxation by the state of Missouri under the provisions of sections 144.010 to 144.525, RSMo.

     4. If the boundaries of a city in which such sales tax has been imposed shall thereafter be changed or altered, the city clerk shall forward to the director of revenue by United States registered mail or certified mail a certified copy of the ordinance adding or detaching territory from the city. The ordinance shall reflect the effective date thereof, and shall be accompanied by a map of the city clearly showing the territory added thereto or detached therefrom. Upon receipt of the ordinance and map, the tax imposed by sections 94.700 to 94.755 shall be effective in the added territory or abolished in the detached territory on the effective date of the change of the city boundary.

     5. No tax imposed pursuant to this section for the purpose of retiring bonds issued pursuant to this section may be terminated until all of such bonds have been retired.

     94.745. 1. All moneys received by a city imposing a sales tax under the provisions of sections 94.700 to 94.755 shall be deposited by the city treasurer, or other city officer authorized by ordinance, in a special fund to be known as the "City Transportation Trust Fund". All moneys in such transportation trust fund shall be appropriated and disbursed only for transportation purposes as enumerated in sections 94.700 to 94.755. The provisions of this subsection shall apply only to taxes authorized by sections 94.700 to 94.755 which have not been imposed to retire bonds issued pursuant to sections 94.700 to 94.755.

     2. All moneys received by a city which issues bonds pursuant to the provisions of section 94.705 and imposes the tax authorized by such section to retire such bonds shall be deposited in a special trust fund and shall be used solely to retire such bonds, except to the extent that such funds are required for the operation and maintenance of the capital improvements made with the proceeds of the bonds. Once all of such bonds have been retired, all funds remaining in the special trust fund required by this subsection shall be used solely for transportation purposes. Any funds in the special trust fund required by this subsection which are not needed to meet current obligations under the bonds issued pursuant to section 94.705 may be invested by the governing body in accordance with applicable laws relating to the investment of other municipal funds. The provisions of this subsection shall apply only to taxes authorized by section 94.705 which have been imposed to retire bonds issued pursuant to such section.

     [2.] 3. Any portion or all of the funds on deposit in a transportation trust fund may be appropriated and paid by a city directly to an interstate transportation authority, a city transit authority or a city utilities board for its general purposes in providing a public mass transportation system within an interstate transportation district or a municipality; provided that, before such funds may be appropriated and paid to any such interstate transportation authority, city transit authority or city utilities board with a service area population in excess of two million persons, such authority or board shall develop, for mutual agreement, a program of transit service to be provided to the city. Such program shall define the service to be provided, the fare structure to be in effect, the estimated cost of the total transit service program of the authority or board, and the estimated cost of the city's portion of the program. Such agreement shall be renewed prior to the beginning of each fiscal year and, when such agreement is reached, the city shall appropriate to the authority or board funds as are designated in the agreement for the period of the agreement. A city may designate by contract with an interstate transportation authority, a city transit authority or a city utilities board that a designated portion of such funds shall be used by the interstate transportation authority, the city transit authority or the city utilities board to provide specific service or frequency of service to underwrite a certain fare structure, or for any other purposes consistent with providing a sound public mass transportation system.

     [3.] 4. Any provisions of sections 94.700 to 94.755 to the contrary notwithstanding, at least seven percent of the proceeds of any sales tax imposed under sections 94.700 to 94.755 that are appropriated and paid by a city to an interstate transportation authority, a city transit authority or a city utilities board shall be expended only for the purchase of new public mass transportation equipment, for the construction of public mass transportation facilities, or for any other capital expenditures or improvements to the property of the interstate transportation authority, city transit authority or city utilities board used in providing public mass transportation service, or to pay the interest or principal payments, or to satisfy sinking fund requirements on any negotiable notes or bonds or other instruments in writing issued for any of the above purposes.

     [4.] 5. Any provisions of sections 94.700 to 94.755 to the contrary notwithstanding, at least seven percent of the proceeds of any sales tax imposed under sections 94.700 to 94.755 that are appropriated and expended by a city for its general purposes in providing a public mass transportation system directly owned and operated by it shall be expended only for the purpose of new public mass transportation equipment, for the construction of public mass transportation facilities, or for any other capital expenditures or improvements to its properties used in providing public mass transportation service, or to pay the interest or principal payments, or to satisfy the sinking fund requirements on any negotiable notes or bonds or other instruments in writing issued for any of the above purposes.

     [5.] 6. No funds may be appropriated and paid to any such transportation authority, transit authority or utilities board, unless and until such authority or board shall file or shall have filed with the city paying such funds, and the secretary of state of the state of Missouri, annually and within six months after the close of such authority or board's fiscal year, an independently audited report and accounting as to such authority or board's management and administration of any and all funds received and expended by such authority or board.

     [6.] 7. Transportation authorities operating a public mass transportation system under sections 94.700 to 94.755 shall provide for interior and exterior advertising on each vehicle for mass transportation purposes."; and

     Further amend the title and enacting clause accordingly.

     Amend House Committee Substitute for House Bill No. 991, Page 3, Section 1, Lines 5 through 12, by deleting all of said lines and inserting in lieu thereof the following:

     "(2) "Household goods", personal effects and property used or to be used in a dwelling when part of the equipment or supplies of such dwelling and similar property, if the transportation of such effects or property, is either arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling, or arranged and paid for by another party. The term "household goods" shall not include personal property which when tendered to a motor carrier is crated or otherwise packaged to make it suitable for transportation by motor carriers of general commodities, freight or property;"; and

     Further amend said bill, Page 4, Section 2, Line 12, by deleting the word "wholly" and inserting in lieu thereof the word "only".

     Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8 by inserting immediately after said line the following:

     "301.041. 1. All commercial motor vehicles and trailers to be operated under agreements as provided for in sections 301.271 to 301.279 shall be registered annually.

     2. An application for renewal registration under this section shall be made with all required documents on or before October first of each year. Renewal applications received after October first shall be assessed a penalty of one hundred dollars. The director or his designee may waive the penalty under this subsection for good cause.

     3. Fees for commercial motor vehicles renewed under this section shall be paid no later than December first of each year except for payments made on an installment basis as provided in subsection 4 of this section. Renewal application fees not paid by December first shall be assessed a penalty of fifty dollars per vehicle, but in no case shall such penalty exceed one hundred fifty dollars per application. The director or his designee may, for good cause, waive or reduce any penalties assessed under this subsection.

     4. Any owner of a commercial motor vehicle or trailer operated under agreements provided in sections 301.271 to 301.279 may elect to pay the annual registration fee in two equal installments, except that no such installment shall be less than one hundred dollars. The first installment shall be payable on or before December first, and the second installment shall be payable on or before June first of that registration year. Every owner electing to pay on an installment basis shall file with the director of the department of revenue, on or before December first, a surety bond, [or] certificate of deposit or irrevocable letter of credit as defined in section 400.5-103, RSMo, to guarantee the payment of the second installment. The bond or certificate or letter of credit shall be in an amount equal to the payment guaranteed.

     5. If a new application for registration of a commercial vehicle is made other than as specified in subsection 1 of this section, the registration fee shall be prorated as follows:

     (1) For applications made between April first and June thirtieth, the applicant shall pay three-fourths of the annual registration fee;

     (2) For applications made between July first and September thirtieth, the applicant shall pay one-half of the annual registration fee; and

     (3) For applications made after October first of the current registration year, the applicant shall pay one-fourth of the annual registration fee.

     6. Any applicant who fails to timely renew his registration with all required documents under this section or who fails to timely pay any fees and penalties owed under this section shall not be issued a temporary registration under agreements as provided for in sections 301.271 and 301.279. Nothing in this section shall prohibit the issuance of temporary registration credentials for additions to the registrant's fleet subsequent to renewal.

     7. The applicant for registration under this section shall affix the registration plate issued by the director to the front of the vehicle in accordance with the provisions of section 301.130. Any vehicle required to be registered under this section shall display the plate issued to that vehicle no later than December thirty-first of each year. Failure to display the registration plates required by this section shall constitute a class A misdemeanor.

     8. The director of revenue may prescribe rules and regulations for the effective administration of this section.

     [9. The provisions of this section shall become effective April 1, 1994.]"; and

     Further amend the title and enacting clause accordingly.

     Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Lines 1-8, by removing all of said section from the bill; and

     Further amend the title and enacting clause accordingly.

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

     Mr. President: Your Committee on Appropriations, to which was referred HB 1244, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HCS for HB 849, begs leave to report that it has considered the same and recommends that the bill 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 HB 1432, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HCS for HB 781, 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 report:

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred HCS for HB 1099, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 773, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

     Amend House Bill No. 773, Page 1, Section 302.304, Line 5 by inserting immediately after "conviction." the following: "No case file of any conviction for a driving violation for which points may be assessed pursuant to section 302.302 may be closed until such time as a copy of the record of such conviction is forwarded to the department of revenue.".

     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 HS for HB 832, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Education, to which was referred HS for HCS for HBs 1301 and 1298, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On behalf of Senator McKenna, Chairman of the Committee on Conservation, Parks and Tourism, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Conservation, Parks and Tourism, to which was referred HB 1101, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On motion of Senator Banks, the Senate recessed until 2:00 p.m.

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

     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 SB 855.

     With House Committee Amendment No. 1.

     Amend Senate Bill No. 855, Page 1, Section 288.379, Line 13, by inserting immediately after "unemployment" the following: "compensation shall remain in the unemployment compensation trust fund"; and

     Further amend said bill and section, page 2, line 18, by striking "State" and inserting in lieu thereof "States".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 582.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 834.

     With House Committee Amendment No. 1.

     Amend Senate Bill No. 834, Page 2, Section 194.400, Line 16, by deleting the words "native American"; and

     Further amend said bill, Page 2, Section 194.400, Lines 26 to 28, by deleting all of said lines; and

     Further amend said bill, Page 2, Section 194.400, Line 29, by deleting the number "5" and inserting in lieu thereof the number "4"; and

     Further amend said bill, Page 2, Section 194.400, Line 38, by deleting the number "6" and inserting in lieu thereof the number "5"; and

     Further amend said bill, Page 2, Section 194.400, Lines 39 to 40, by deleting all of said lines and inserting in lieu thereof the following: "first violation, of a criminal law related to the trafficking of human remains or cultural items located in"; and

     Further amend said bill, Page 2, Section 194.400, Line 42, by deleting the number "7" and inserting in lieu thereof the number "6"; and

     Further amend said bill, Page 3, Section 194.400, Line 50, by deleting the number "8" and inserting in lieu thereof the number "7"; and

     Further amend said bill, Page 3, Section 194.400, Line 53, by deleting the number "9" and inserting in lieu thereof the number "8"; and

     Further amend said bill, Page 3, Section 194.400, Line 55, by deleting the number "10" and inserting in lieu thereof the number "9"; and

     Further amend said bill, Page 3, Section 194.410, Line 6, by deleting the words "of a native American"; and

     Further amend said bill, Page 3, Section 194.410, Lines 11 to 12, by deleting the words "native American".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 677.

     With House Committee Amendment No. 1.

     Amend Senate Committee Substitute for Senate Bill No. 677, Page 1, In the Title, Line 4, by inserting immediately after the word "subject" the following: ", with an emergency clause"; and

     Further amend said bill, Page 2, Section 304.200, Line 35, by inserting immediately after said line the following:

     "Section B. Because immediate action is necessary in order to promote the efficient movement of farm products to areas of shortage, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.".

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 926.

     With House Committee Amendment No. 1.

     Amend Senate Bill No. 926, Page 1, Section 165.111.1, Line 4, by adding after the word "newspaper", the following "as described in section 493.050, RSMo.".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 522.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 497.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SCS for SB 657 and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 721.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HB 839, entitled:

     An Act to amend chapter 285, RSMo, relating to employers and employees by adding thereto one new section relating to transient employers.

     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 1411, entitled:

     An Act to repeal sections 301.140, 301.260, RSMo 1994, and sections 301.131, 301.144, 301.445, 301.447 and 301.448, RSMo Supp. 1995, relating to motor vehicle license plates, and to enact in lieu thereof fourteen new sections relating to the same subject.

     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 Speaker has appointed the following conference committee, to act with a like committee from the Senate on HCS for SCS for SB 657: Representatives: Hosmer, Lograsso, Legan, Canuteson, Relford.

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCS for SBs 597 and 729, 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.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 940; SB 929; SB 883; SB 850; SB 846; SB 837; SB 830; SB 766; SB 811; SCS for SB 758; SB 702; SCS for SB 694; SB 693; SCS for SB 662; SB 630; and SB 530, begs leave to report that it has examined the same and finds that the bills have been duly enrolled and that the printed copies furnished the Senators are correct.

     The President Pro Tem announced that all other business would be suspended and SB 530; SB 630; SCS for SB 662; SB 693; SCS for SB 694; SB 702; SCS for SB 758; SB 766; SB 811; SB 830; SB 837; SB 846; SB 850; SB 883; SB 929; and SB 940, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for SCS for SB 657: Senators Westfall, Russell, Johnson, Caskey and Moseley.

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

     HS for HCS for HBs 1207, 1288, 1408 and 1409--Agriculture and Local Government.

     Senator Johnson submitted the following:

Terry Spieler, Secretary of Senate

State Capitol Bldg., Rm. 325

Jefferson City, MO 65101

Dear Terry,

     House Bill 809 was reported from the Senate Transportation Committee to the Senate floor on April 15 as a Consent bill.

     The sponsor of this bill, Representative Charlie Shields, and I respectfully request that this bill be removed from the Consent Calendar and returned to the Transportation Committee. There is some language that needs to be changed.

     Thank you for your assistance with this request.

               Sincerely,

               /s/ Sidney Johnson

               Sidney Johnson

               State Senator

               34th District

     Senator Schneider introduced to the Senate, Alma Davis and sixty- five sixth grade students from Duchesne School, Florissant; and Kandace Owens, Matt Hartman, Pam Thurston and Natalie Waller were made honorary pages.

     Senator Mueller introduced to the Senate, Missouri Teacher of the Year, Beth Reynolds, St. Louis.

     Senator Flotron introduced to the Senate, Art Busekist and students from Parkway North High School, St. Louis; and Danny Jacobs, Darren Grodsky, Stacy Kitsis and Michael Schwartz were made honorary pages.

     Senator Moseley introduced to the Senate, Stuart and Cathy Scroggs, and their daughters, Sarah and Julie, Columbia.

     Senator Flotron introduced to the Senate, Frances Cohen, and one hundred fourth grade students from Pierremont School, Manchester; and Mike Klos, Carrie Dixon, Rachel Randolph and Jeff Noble were made honorary pages.

     Senator DePasco introduced to the Senate, Sister Sharon Giemza and sixteen seventh grade students from St. Ann's School, Independence; and Aaron Bahr, Angel Generaux, Andrea Klopfenstine and Ben Humm were made honorary pages.

     Senator Melton introduced to the Senate, Russell Brock, Marilyn Mann, Travis Christensen, Amanda Terry, Elizabeth Mildren, Jason Rauch, Morgan Vandagriff, Dan Hoyt, Marcy Conrad, Stacy Schmidt and Cecelia English, Monett.

     On motion of President Pro Tem Mathewson, the Senate adjourned until 3:00 p.m., Monday, April 22, 1996.